Section He-M 524.22 - Qualifications and Training(a) Providers who are not a member of the individual's family shall: (1) With respect to qualifications and training, meet the requirements specified in the service agreement and, if applicable, medication administration requirements under He-M 524.21(a)(7);(2) Meet the educational qualifications, or the equivalent combination of education and experience, identified in the job description;(3) Supply at least one reference;(4) Meet certification and licensure requirements of the position, if any; and(5) Be either: a. A minimum of 18 years of age; orb. With the agreement of the individual or representative, and area agency, ages 15 through 17.(b) All providers, including providers who are family members, shall, prior to a final hiring decision, be required by the employer to consent to:(1) A New Hampshire criminal records check no more than 30 days prior to hire;(2) If the provider's primary residence is out of state, a criminal records check for their state of residence;(3) If the provider has resided in New Hampshire for less than one year, a criminal records check for their previous state of residence; and(4) A check of the state registries of founded reports of abuse, neglect, and exploitation, as established by RSA 161-F:49 and RSA 169-C:35.(c) Except as allowed in (d) and (e) below, an employer shall not hire a person:(1) Who has a:b. Any misdemeanor conviction involving: 1. Physical or sexual assault;5. Threatening or reckless conduct;7. Driving under the influence of drugs or alcohol; or8. Any other conduct that represents evidence of behavior that could endanger the well-being of an individual; or(2) Whose name is on either of the state registries of founded abuse, neglect, and exploitation as established by RSA 161-F:49 and RSA 169-C:35.(d) An employer may hire a person with a criminal record listed in (c)(1)a. or b. above for a single offense that occurred 10 or more years ago in accordance with (e) and (f) below. In such instances, the individual, his or her guardian if applicable, and the area agency shall review the person's history prior to approving the person's employment.(e) Employment of a person pursuant to (d) above shall only occur if such employment: (1) Is approved by the individual, his or her guardian if applicable, and the area agency;(2) Does not negatively impact the health or safety of the individual; and(3) Does not affect the quality of services to the individual.(f) Upon hiring a person pursuant to (d) and (e) above, the employer shall document and retain the following information in the individual's record:(1) The date(s) of the approvals in (e) above;(2) The name of the individual for whom the person will provide services;(3) The name of the person hired;(4) Description of the person's criminal offense;(5) The type of service the person is hired to provide;(6) The employer's name and address;(7) A full explanation of why the employer is hiring the person despite the person's criminal record;(8) Signature of the individual, or of the legal guardian(s) if applicable, indicating agreement with the employment and date signed;(9) Signature of the staff person who obtained the individual's or guardian's signature and date signed;(10) Signature of the area agency's executive director or designee approving the employment; and(11) The signature and phone number of the person being hired.(g) For the purposes of (b) above, the area agency shall be the employer for parents paid to provide in-home residential habilitation.(h) The employer shall provide information regarding the staff development elements identified in He-M 506.05 to assist the individual or representative in making informed decisions with respect to orientation and training of non-family staff and providers.(i) Subsequent to (h) above, and consistent with the area agency or subcontract agency's personnel policies, the employer shall ensure that non-family staff and providers receive the orientation and training selected by the individual or representative.(j) The service coordinator shall: (1) For individuals aged 3 and over, comply with He-M 503.08(e) and (f); or(2) For individuals under age 3, comply with He-M 510.02(ak) and He-M 510.11(j).(k) When an individual or representative chooses in-home supports to be provided by a family member, the employer shall require the individual or representative to submit documentation describing any orientation and training provided to the family member.(l) Providers of assistive technology, in accordance with He-M 524.10, shall have specialized training relative to the specific item of assistive technology.(m) Providers of consultative services, in accordance with He-M 524.07, shall meet one of the following qualifications: (1) Be a psychiatrist, psychologist, or other provider that requires a license and hold a valid license issued by the appropriate licensing board;(2) For other disability professionals who do not require professional licensure as specified in (1) above, have specialized knowledge in the subject matter they are providing consultative services for; or(3) A master's level clinical degree with expertise and experience to provide supports to individuals with developmental disabilities who are at risk for unsafe sexual behaviors or arson.(n) Providers of environmental or vehicle modifications in accordance with He-M 524.09 shall have any license, certificate, or permit as required by state law or local ordinance for the particular modification provider.(o) Providers of non-medical transportation in accordance with He-M 524.13 shall:(1) Have a current driver's license;(2) Consent to a New Hampshire driving record check completed by the employer within 30 days or providing transportation; and(3) Provide proof of automobile insurance. N.H. Admin. Code § He-M 524.22
Derived from Volume XLII Number 28, Filed July 14, 2022, Proposed by #13397, Effective 6/18/2022, Expires 6/18/2032 (formerly He-M 524.10)