Section He-P 806.16 - Personnel(a) Each NEWCC shall be staffed with at least one licensed practitioner on site during the full hours of operation.(b) The licensee shall ensure that sufficient numbers of qualified personnel are present in the facility to meet the needs of the patients at all times.(c) The licensee shall develop a job description for each position in the NEWCC containing: (2) Duties of the position;(3) Physical requirements of the position; and(4) Qualifications and educational requirements of the position.(d) For all applicants for employment, for all volunteers, for all independent contractors who will provide direct care or personal care services to clients or who will be unaccompanied by an employee while performing non-direct care or non-personal care services within the facility, the licensee shall: (1) Obtain and review a criminal records check from the New Hampshire department of safety in accordance with RSA 151:2-d;(2) Review the results of the criminal records check in He-P 806.16(1) in accordance with He-P 806.16(e);(3) Verify the qualifications of all applicants prior to employment; and(4) Verify that the applicant is not listed on the BEAS registry maintained by the department's bureau of elderly and adult services.(e) Unless a waiver is granted in accordance with He-P 806.10 and He-P 806.16(f), the licensee shall not offer employment, contract with, or engage a person in He-P 806.16(d) if the person: (1) Has been convicted of any felony in this or any other state;(2) Has been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect or exploitation in this or any other state(3) Has had a finding by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect or exploitation of any person; or(4) Otherwise poses a threat to the health, safety, or well-being of patients.(f) If the information identified in He-P 806.16(e) regarding any person in He-P 806.16(d) is learned after the person is hired, contracted with, or engaged, the licensee shall immediately notify the department and either:(1) Cease employing, contracting with, or engaging the person; or(2) Request a waiver of He-P 806.16(d) .(g) If a waiver of He-P 806.16(d) above is requested, the department shall review the information and the underlying circumstances in He-P 806.16(d) and shall either: (1) Notify the licensee that the person cannot or can no longer be employed, contracted with, or engaged by the licensee if, after investigation, it determines that the person poses a threat to the health, safety, or well-being of a patient; or(2) Grant a waiver of He-P 806.16(d) if, after investigation, it determines that the person does not pose a current threat to the health, safety, or well-being of a patient(s) .(h) The licensee shall check the names of the persons in He-P 806.16(d) against the bureau of elderly and adult services (BEAS) state registry, maintained pursuant to RSA 161-F:49 and He-W 720, the NH board of nursing, nursing assistant registry, maintained pursuant RSA 326-B:26 and 42 CFR 483.156, and the medical technician registry, maintained pursuant to RSA 328-I prior to employing, contracting with, or engaging them.(i) The licensee shall: (1) Not employ, contract with, or engage any person in He-P 806.16(d) who is listed on the BEAS state registry unless a waiver is granted by BEAS; and(2) Only employ, contract with, or engage board of nursing licensees who are listed on the nursing assistant registry or licensing site with the NH board of nursing or are licensed with a reciprocal multi-compact state.(j) In lieu of He-P 806.16(d) and (h), the licensee may accept from independent agencies contracted by the licensee or by an individual patient to provide direct care or personal care services a signed statement that the agency's employees have complied with He-P 806.16(d) and (h) and do not meet the criteria in He-P 806.16(ed) and (h) .(k) Prior to having contact with patients or food, personnel shall: (1) Receive a tour of the NEWCC;(2) Receive a copy of the job description for his or her position at the NEWCC containing: b. Duties of the position;c. Physical requirements of the position; andd. Education and experience requirements of the position;(3) Meet the educational qualifications of the position as listed on their job description;(4) Be licensed, registered, or certified as required by state statute;(5) Receive an orientation within the first 3 days of work or prior to the assumption of duties that includes: a. The NEWCC's policy on patient rights and responsibilities and complaint procedures as required by RSA 151:20;b. The duties and responsibilities of the position they were hired for;c. The NEWCC's policies, procedures and guidelines;d. The NEWCC's infection control program policies and procedures;e. The NEWCC's fire, evacuation, and emergency plans which outline the responsibilities and educational requirements of personnel in an emergency; andf. The mandatory reporting requirements such as RSA 161-F:46-48 and RSA 169-C:29-31;(6) Complete mandatory annual in-service education, which includes a review of the NEWCC's: a. Polices and procedures on patient rights and responsibilities, and complaints;b. Infection control program;c. Education program on fire and emergency procedures; andd. Mandatory reporting requirements such as RSA 161-F:46-48 and RSA 169-C:29-31;(7) Be at least 18 years of age unless they are:a. A licensed nursing assistant working under the supervision of a registered nurse in accordance with Nur 700; orb. Part of an established educational program working under the supervision of a registered nurse;(8) Prior to contact with patients, submit to the NEWCC the results of a physical examination or pre-employment health screening performed by a licensed nurse or a licensed practitioner and 2 step tuberculosis testing, Mantoux method, or other method approved by the Centers for Disease Control, conducted not more than 12 months prior to employment;(9) Be allowed to work while waiting for the results of the second step of the TB test when the results of the first test are negative for TB; and(10) 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.(l) Personnel who have direct contact with patients who have a history of TB or a positive laboratory and antigen testing shall have a symptomatology screen of a TB test.(m) 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 patient'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.(n) Current, separate, and complete employee files shall be maintained and stored in a secure and confidential manner in one location, for example, hospital human resources department or on site of NEWCC;(o) The licensee shall maintain a separate employee file for each employee, which shall include the following:(1) A completed application for employment or a resume;(2) A signed statement acknowledging the receipt of the licensee's policy setting forth the patient's rights and responsibilities, and acknowledging training and implementation of the policy as required by RSA 151:20;(3) A job description signed by the individual that identifies the: b. Qualifications and experience; andc. Duties required by the position;(4) A record of satisfactory completion of the orientation program required by He-P 806.16;(5) A copy of each current New Hampshire license, registration, or certification in health care field and CPR certification, if applicable;(6) Documentation that the required physical examination, or health screening, and TB test results or radiology reports of chest x-rays, if required, have been completed by the appropriate health professionals;(7) Record of satisfactory completion of all required education programs and demonstrated competencies that are signed and dated by the employee;(8) Documentation of an annual performance review;(9) Information as to the general content and length of all continuing education or educational programs attended;(10) A statement, which shall be signed at the time the initial offer of employment, contract, or engagement is made and then annually thereafter, stating that he or she: a. Does not have a felony conviction in this or any other state;b. Has not been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation or pose a threat to the health, safety, or well-being of a patient in this or any other state; andc. Has not had a finding by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect, or exploitation of any person in this or any other state;(11) Documentation of the criminal records check; and(12) The results of the registry checks in He-P 806.16(g) .(p) The licensee shall maintain the records, but not necessarily a separate file, for all volunteers and for all independent contractors who provide direct care or personal care services to patients or who will be unaccompanied by an employee while performing non-direct care or non-personal care services within the facility, as follows: (1) For volunteers, the information in He-P 806.16(n) (1), (2), (4), (6), (7), (10), (11), and(12); and(2) For independent contractors, the information in He-P 806.16(n) (2), (4), (6) , (7), (10), (11), and (12), except that the letter in He-P 806.16(i) and (j) (7) may be substituted for (n) (6), (11), and (12), if applicable.(q) An individual need not re-disclose any of the matters in He-P 806.16(e) if the documentation is available and the department has previously reviewed the material and granted a waiver so that the individual can continue employment.(r) Personnel shall not be impaired while on the job by any substances including, but not limited to, legally prescribed medication, therapeutic cannabis, or alcohol.N.H. Admin. Code § He-P 806.16
Amended by Volume XXXVIII Number 50, Filed December 13, 2018, Proposed by 12674, Effective 11/20/2018, Expires 5/20/2019.Amended by Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12795, Effective 5/30/2019, Expires 5/30/2029.