10A NCAC 13F .0608       STAFFING FOR FACILITIES WITH A CENSUS of 21 or more residents

(a)  Each facility with a census of 21 or more residents shall have staff on duty to meet the needs of the residents.

(b)  In addition to the requirement in Paragraph (a) of this Rule, each facility with a census of 21 or more residents shall comply with the following staffing requirements:

(1)           On first shift and second shift, the total aide duty hours shall be at least:

(A)          16 hours of aide duty for facilities with a census of 21 to 40 residents.

(B)          20 hours of aide duty for facilities with a census of 41 to 50 residents.

(C)          24 hours of aide duty for facilities with a census of 51 to 60 residents.

(D)          28 hours of aide duty for facilities with a census of 61 to 70 residents.

(E)           32 hours of aide duty for facilities with a census of 71 to 80 residents.

(F)           36 hours of aide duty for facilities with a census of 81 to 90 residents.

(G)          40 hours of aide duty for facilities with a census of 91 to 100 residents.

(H)          44 hours of aide duty for facilities with a census of 101 to 110 residents.

(I)            48 hours of aide duty for facilities with a census of 111 to 120 residents.

(J)            52 hours of aide duty for facilities with a census of 121 to 130 residents.

(K)          56 hours of aide duty for facilities with a census of 131 to 140 residents.

(L)           60 hours of aide duty for facilities with a census of 141 to 150 residents.

(M)         64 hours of aide duty for facilities with a census of 151 to 160 residents.

(N)          68 hours of aide duty for facilities with a census of 161 to 170 residents.

(O)          72 hours of aide duty for facilities with a census of 171 to 180 residents.

(P)           76 hours of aide duty for facilities with a census of 181 to 190 residents.

(Q)          80 hours of aide duty for facilities with a census of 191 to 200 residents.

(R)          84 hours of aide duty for facilities with a census of 201 to 210 residents.

(S)           88 hours of aide duty for facilities with a census of 211 to 220 residents.

(T)           92 hours of aide duty for facilities with a census of 221 to 230 residents.

(U)          96 hours of aide duty for facilities with a census of 231 to 240 residents.

(2)           On third shift, the total aide duty hours shall be at least:

(A)          8 hours of aide duty for facilities with a census of 21 to 30 residents.

(B)          16 hours of aide duty for facilities with a census of 31 to 60 residents.

(C)          24 hours of aide duty for facilities with a census of 61 to 90 residents.

(D)          32 hours of aide duty for facilities with a census of 91 to 120 residents.

(E)           40 hours of aide duty for facilities with a census of 121 to 150 residents.

(F)           48 hours of aide duty for facilities with a census of 151 to 180 residents.

(G)          56 hours of aide duty for facilities with a census of 181 to 210 residents.

(H)          64 hours of aide duty for facilities with a census of 211 to 240 residents.

(3)           If the Department determines the needs of the residents at a facility are not being met by staffing requirements of Paragraph (b) of this Rule, the Department shall require the facility to employ staff to meet the needs of the residents.

(c)  The aide shall provide personal care services and supervision needed by the residents.

(d)  Aides shall not provide housekeeping duties except:

(1)           Between the hours of 7:00 a.m. to 9:00 p.m.:

(A)          to prevent an accident or injury;

(B)          when occasionally attending to an individual resident housekeeping need; and

(C)          when the number of aides on duty exceeds the minimum required by Paragraph (a) of this Rule.

(2)           Between the hours of 9:00 p.m. to 7:00 a.m., as long as the housekeeping duties do not:

(A)          hinder the aide's care of residents or immediate response to resident calls;

(B)          do not disrupt the residents' normal lifestyles and sleeping patterns; and

(C)          do not take the aide out of view of where the residents are as the aide shall be prepared to care for the residents since that remains his or her primary duty.

(e)  Aides shall not be assigned food service duties except when providing assistance to individual residents who need help with eating and carrying plates, trays, or beverages to residents.

(f)  In addition to the staffing required for management and aide duties, there shall be additional staff to perform housekeeping and food service duties.

Note: The following chart illustrates the required aide, supervisory and management staffing requirements for each eight-hour shift in facilities with a census of 21 or more residents according to Rules .0602, .0603, .0604, .0608, and .0609 of this Section.

Census	Position Type	First Shift	Second Shift	Third Shift
21 - 30	Aide	16	16	8
	Supervisor	Not Required	Not Required	Not Required
	Administrator	In the building, or within 500 feet and immediately available.
31-40	Aide	16	16	16
	Supervisor	8*	8*	In the building, or within 500 feet and immediately available.**
	Administrator	On call
41-50	Aide	20	20	16
	Supervisor	8*	8*	In the building, or within 500 feet and immediately available.**
	Administrator	On call
51-60	Aide	24	24	16
	Supervisor	8*	8*	In the building, or within 500 feet and immediately available.**
	Administrator	On call
61-70	Aide	28	28	24
	Supervisor	8*	8*	4 hours within the facility/4 hours within 500 feet and immediately available.**
	Administrator	On call
71-80	Aide	32	32	24
	Supervisor	8	8	4 hours within the facility/4 hours within 500 feet and immediately available.**
	Administrator	On call
81-90	Aide	36	36	24
	Supervisor	8	8	4 hours within the facility/4 hours within 500 feet and immediately available.**
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
91-100	Aide	40	40	32
	Supervisor	8	8	8**
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
101-110	Aide	44	44	32
	Supervisor	8	8	8**
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
111-120	Aide	48	48	32
	Supervisor	8	8	8**
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
121-130	Aide	52	52	40
	Supervisor	8	8	8
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
131-140	Aide	56	56	40
	Supervisor	8	8	8
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call
141-150	Aide	60	60	40
	Supervisor	8	8	8
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
151-160	Aide	64	64	48
	Supervisor	16	16	8
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
161-170	Aide	68	68	48
	Supervisor	16	16	8
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
171-180	Aide	72	72	48
	Supervisor	16	16	8
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
181-190	Aide	76	76	56
	Supervisor	16	16	8
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
191-200	Aide	80	80	56
	Supervisor	16	16	8
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
201-210	Aide	84	84	56
	Supervisor	16	16	8
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
211-220	Aide	88	88	64
	Supervisor	16	16	16
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
221-230	Aide	92	92	64
	Supervisor	16	16	16
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.
231-240	Aide	96	96	64
	Supervisor	24	24	16
	Administrator	5 days/week: Minimum of 40 hours. When not in facility, on call.

*Supervisor may conduct up to four hours of aide duty.

** Supervisor's time on duty in the facility may be counted as required aide duty if the facility is sprinklered.

History Note:        Authority G.S. 131D-2.16; 131D-4.3; 131D-4.5; 143B-165;

Eff. September 1, 2024.