Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 1032 (February 24, 2024).

55 Pa. Code § 2390.39. Staffing.

§ 2390.39. Staffing.

 (a)  A minimum of two staff shall be present at the facility when ten or more clients are present at the facility.

 (b)  A minimum of one staff shall be present at the facility when fewer than ten clients are present at the facility.

 (c)  If 20 or more clients are present at the facility, there shall be at least 1 staff present at the facility who meets the qualifications of program specialist.

 (d)  A client may be left unsupervised for specified periods of time if the absence of direct supervision is consistent with the client’s assessment and is part of the client’s individual plan, as an outcome which requires the achievement of a higher level of independence.

 (e)  The staff qualifications and staff ratio as specified in the individual plan shall be implemented as written, including when the staff ratio is greater than required under subsections (a), (b) and (c).

 (f)  A client may not be left unsupervised solely for the convenience of the facility or the direct service worker.


   The provisions of this §  2390.39 amended under sections 201(2), 403(b), 403.1(a) and (b), 911 and 1021 of the Human Services Code (62 P.S. § §  201(2), 403(b), 403.1(a) and (b), 911 and 1021); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. §  4201(2)).


   The provisions of this §  2390.39 adopted May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693; amended August 27, 2010, effective August 28, 2010, 40 Pa.B. 4935; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial pages (352136) to (352137).

Cross References

   This section cited in 55 Pa. Code §  2390.31 (relating to effective date of staff qualifications).

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