Section He-P 805.18 - Personnel(a) For all applicants for employment, except those licensed by the New Hampshire board of nursing, and for all household members 17 years of age or older, the licensee shall: (1) Obtain and review a criminal records check from the New Hampshire department of safety;(2) Review the results of the criminal records check in accordance with (b) below; and(3) Verify the qualifications of all applicants prior to employment.(b) Unless a waiver is granted in accordance with (c) below, the licensee shall not offer employment for any position or allow a household member to continue to reside in the residence if the individual: (1) Has been convicted of a felony in this or any other state;(2) Has been convicted of a sexual assault, other violent crime, assault, fraud, abuse, theft, neglect or exploitation;(3) Has been found by the department or any administrative agency in this or any other state to have committed assault, fraud, abuse, neglect or exploitation of any person; or(4) Otherwise poses a threat to the health, safety or well-being of the residents.(c) The department shall grant a waiver of (b) above if, after reviewing the underlying circumstances, it determines that the person does not pose a threat to the health, safety or well-being of residents.(d) No employee shall be permitted to maintain their employment, and no household member shall be permitted to remain residing in the facility, if he or she has been convicted of a felony, sexual assault, other violent crime, assault, fraud, abuse, neglect or exploitation of any person in this or any other state by a court of law or has had a complaint investigation for abuse, neglect, or exploitation adjudicated and founded by the department unless a waiver has been granted by the department.(e) The licensee shall check, prior to hiring, the names of all prospective employees against the bureau of elderly and adult services (BEAS) state registry maintained pursuant to RSA 161-F:49 and He-W 720, and the NH board of nursing, nursing assistant registry maintained pursuant RSA 326-B:26 and 42 C.F.R. section 483.156.(f) The licensee shall not make a final offer of employment to any prospective employee listed on the BEAS state registry or the NH board of nursing, nursing assistant registry unless a waiver is granted by the bureau of elderly and adult services or the NH board of nursing, respectively.(g) For an SRHCF licensed for 17 or more beds, all administrators shall be at least 21 years of age and have one of the following combinations of education and experience: (1) A bachelor's degree from an accredited institution and 2 years of relevant experience working in a health care setting;(2) A New Hampshire license as an RN, with at least 2 years of relevant experience working in a health care setting;(3) An associate's degree from an accredited institution plus 4 years of relevant experience working in a health care setting; or(4) A New Hampshire license as an LPN, with at least 4 years of relevant experience working in a health care setting.(h) For an SRHCF licensed for 16 or fewer beds, all administrators shall be at least 21 years of age and have one of the following combinations of education and experience: (1) A bachelor's degree from an accredited institution and one year of relevant experience working in a health care setting;(2) A New Hampshire license as an RN, with at least one year of relevant experience working in a health care setting;(3) An associate's degree from an accredited institution plus 2 years of relevant experience working in a health care setting;(4) New Hampshire license as an LPN, with at least 2 years of relevant experience working in a health care setting; or(5) Be a high school graduate or have a GED with 6 years of relevant experience working in a health care setting with at least 2 of those years as direct care personnel in a long-term care setting within the last 5 years.(i) All administrators shall obtain and document in accordance with (q) (7) and (8) below, 12 hours of continuing education related to the operation and services of the SRHCF each annual licensing period.(j) All personnel shall be at least 18 years of age if working as direct care personnel unless they are: (1) A licensed nursing assistant working under the supervision of a nurse in accordance with Nur 700; or(2) Involved in an established educational program working under the supervision of a nurse.(k) The licensee shall inform personnel of the line of authority at the SRHCF.(l) The licensee shall educate personnel about the needs and services required by the residents under their care.(m) Prior to having direct care contact with residents, personnel, including volunteers and independent contractors shall:(1) Submit to the licensee the results of a 2-step tuberculosis (TB) test, Mantoux method, or other method approved by the Centers for Disease Control, conducted not more than 12 months prior to employment and for personnel other than volunteers and independent contractors, submit the results of a physical examination or a health screening;(2) Be allowed to work while waiting for the results of the second step of the TB test when the results of the first step are negative for TB;(3) Comply with the requirements of the Centers for Disease Control and Prevention "Guidelines for Preventing the Transmission of M. tuberculosis in Health-Care Settings" (2005 edition), available as noted in Appendix A, if the person has either a positive TB test, or has had direct contact or potential for occupational exposure to M. tuberculosis through shared air space with persons with infectious tuberculosis; and(4) In lieu of (1) above, independent contractors hired by the facility may provide the facility with a signed statement that they have complied with (1) and (3) above for their employees working at the SRHCF.(n) Within the first 7 days of employment, all personnel who have direct or indirect contact with residents, to include volunteers who have direct care contact or who prepare and serve food shall receive a tour of the SRHCF and an orientation that includes the following: (1) The residents' rights in accordance with RSA 151:21;(2) The SRHCF's complaint procedures;(3) The duties and responsibilities of the position;(4) The medical emergency procedures;(5) The emergency and evacuation procedures;(6) The infection control procedures as required by He-P 805.22;(7) The procedures for food safety for personnel involved in preparation, serving and storing of food; and(8) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.(o) The licensee shall provide all personnel with an annual continuing education or in-service education training, which at a minimum contains the following: (1) The licensee's resident's rights and complaint procedures required under RSA 151;(2) The licensee's infection control program;(3) The licensee's written emergency plan; and(4) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.(p) The licensee shall provide an annual review of its policies and procedures for self-administration of medication without assistance, self-administration of medication with assistance and self-directed medication administration to all direct care personnel.(q) The personnel file for each individual shall include the following: (1) A completed application for employment or a resume;(2) Proof that the individual meets the minimum age requirements;(3) A statement signed by each individual that he or she has received a copy of and received training on the implementation of the licensee's policy setting forth the residents rights and responsibilities as required by RSA 151:21;(4) A copy of the results of the criminal record check as described in (a) above;(5) A job description signed by the individual that identifies the: b. Qualifications and experience; andc. Duties required by the position;(6) Record of satisfactory completion of the orientation program required by (n) above;(7) Information as to the general content and length of all in-service or educational programs attended;(8) Record of satisfactory completion of all required education programs and demonstrated competencies that is signed and dated by the employee;(9) Documentation that the required physical examinations, health screenings, TB test results, and radiology reports of chest x-rays, if required, have been completed by the appropriate health professionals; and(10) The statement required by (r) below.(r) All personnel shall sign a statement at the time the initial offer of employment is made and then annually thereafter stating that they: (1) Do not have a felony conviction in this or any other state;(2) Have not been convicted of a sexual assault, other violent crime, assault, fraud, abuse, neglect or exploitation or pose a threat to the health, safety or well-being of a resident; or(3) Have not had a finding by the department or any administrative agency in this or any other state for assault, fraud, abuse, neglect or exploitation of any person.(s) The licensee shall maintain separate personnel records that: (1) Contain the information required by (q) above; and(2) Are protected and stored in a secure and confidential manner.N.H. Admin. Code § He-P 805.18
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10813, Effective 4/21/2015, Expires4/21/2025.