Sec. 16. (a) The competency of an employee or agent of a personal services agency who will perform attendant care services at the client‘s residence must be evaluated by the agency or the agency’s designee for each attendant care services task that the personal services agency chooses to have that employee or agent perform. The agency has the sole discretion to determine if an employee or agent is competent to perform an attendant care services task.

     (b) After an evaluation, an employee or agent shall be trained in the attendant care services tasks the personal services agency believes require improvement. The employee or agent shall be reevaluated following any training. The evaluation of the employee or agent and determination by the agency that the employee or agent is competent to perform the attendant care services task must occur before the employee or agent performs that task for a client without direct agency supervision.

     (c) A personal services agency that offers lift services to clients must train each employee or agent who provides those services on general standards for operating a lift, and train the employee or agent at the location where the client will need those services on the specific instructions on how to safely operate the client’s lift in accordance with the manufacturer’s instructions and manual. Lift services training is an attendant care services task and each employee or agent must be trained and evaluated in the same manner as required in subsections (a) and (b).

     (d) The content of the evaluation and training conducted under this section, including the date and the signature of the person conducting the evaluation and training, must be documented for each employee or agent who performs personal services, including lift services.

As added by P.L.212-2005, SEC.18. Amended by P.L.77-2021, SEC.4.