N.H. Admin. Code § He-P 810.18

Current through Register No. 45, November 7, 2024

Section He-P 810.18 - Personnel

(a) For all applicants for employment, except, pursuant to RSA 151:2-d, VI, 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; and

(2) Review the results of the criminal records check in accordance with (b) below and verify the qualifications of all applicants prior to employment.

(b) 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 in this or any other state;

(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 clients.

(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 clients.

(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 or any administrative agency in this or any other state 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-E 720, and the NH board of nursing's nursing assistant registry maintained pursuant RSA 326-B:26 and 42 C.F.R. section 483.156.

(f) If the information identified in (b) above regarding any employee is learned after the person begins employment, the licensee or administrator shall submit the information to the department immediately upon discovery.

(g) All personnel shall:

(1) Be at least 18 years of age if working as direct care personnel;

(2) Meet the educational and physical qualifications for their position, as listed in the job description in (n) (5) below;

(3) Be licensed, registered, or certified if required by state statute;

(4) Receive an orientation within the first 3 days of work, including:

a. The birthing center's policy on client rights and responsibilities and complaints in accordance with RSA 151:20;

b. The duties and responsibilities of the position;

c. The birthing center's policies, procedures, and guidelines;

d. The birthing center's infection control program;

e. The birthing center's fire, evacuation, and emergency plans outlining the responsibilities of personnel in an emergency; and

f. Mandatory reporting requirements such as those found in RSA 161-F:46 or RSA 169-C: 29;

(h) Prior to having contact with clients or food, personnel shall:

(1) Submit to the birthing center the results of a physical examination or health screening and r esults of a 2-step tuberculosis (TB) test, Mantoux method or other method approved by the Centers for Disease Control (CDC), conducted not more than 12 months prior to employment;

(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; and

(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.

(i) All personnel shall complete annual in-service education, including a review of the birthing center's:

(1) Policies and procedures relative to patient's rights;

(2) Infection control program;

(3) Education program on fire, evacuation, and emergency procedures; and

(4) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.

(j) All professional direct care personnel shall have current certificates in:

(1) Adult cardio pulmonary resuscitation (CPR) equivalent to basic life support from either the American Red Cross or the American Heart Association; and

(2) Neonatal CPR equivalent to the American Heart Association and American Academy of Pediatrics' " 2005 American Heart Association (AHA) Guidelines for Cardiopulmonary Resuscitation (CPR) and Emergency Cardiovascular Care (ECC) of Pediatric and Neonatal Patients: Neonatal Resuscitation Guidelines," available as noted in Appendix A .

(k) All direct care personnel shall be familiar with the location, operation, and use of all equipment in the birthing center.

(l) All birthing centers using the service of independent clinical contractors who have direct contact with clients shall:

(1) Provide each clinical contractor with an orientation as specified in (g) (4) above;

(2) Maintain copies on file of a physical examination or health screening and 2-step tuberculosis testing, Mantoux method, that were conducted not more than 12 months prior to employment for each clinical contractor;

(3) Maintain a copy of the clinical contractors' licenses as required by (g) (3) above, if applicable; and

(4) Have a written agreement with each clinical contractor that describes the services that will be provided.

(m) Current and complete personnel files shall be maintained at the birthing center for all personnel.

(n) The personnel file required by (m) above 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 the birthing center's policy setting forth the client's rights and responsibilities, and acknowledging training and implementation of the policy as required by RSA 151:20;

(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:

a. Position title;

b. Qualifications and experience; and

c. Duties required by the position;

(6) A record of satisfactory completion of the orientation program required by (g) (4) 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 required by (g), (i) and (j) above;

(9) A copy of each current New Hampshire license, registration, or certification in a health care field, if applicable;

(10) Documentation that the required physical examination or health screenings, TB test results and radiology reports of chest x-rays, if required, have been completed by the appropriate health professionals;

(11) If applicable, copies of current certificates in:

a. Adult CPR equivalent to basic life support from either the American Red Cross or the American Heart Association; and

b. Neonatal CPR equivalent to the American Heart Association and American Academy of Pediatrics "2005 American Heart Association (AHA) Guidelines for Cardiopulmonary Resuscitation (CPR) and Emergency Cardiovascular Care (ECC) of Pediatric and Neonatal Patients: Neonatal Resuscitation Guidelines," available as noted in Appendix A; and

(12) The statement required by (o) below.

(o) 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;

(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; or

(4) Otherwise poses a threat to the health, safety or well-being of clients.

(p) An individual need not re-disclose any of the matters in (o) above if the documentation is available and the department has previously reviewed the material and determined that the individual can continue employment.

(q) The licensee shall maintain separate personnel records that:

(1) Contain the information required by (n) above; and

(2) Are protected and stored in a secure and confidential manner.

N.H. Admin. Code § He-P 810.18

#8957, eff 7-27-07

Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11161, Effective 8/20/2016, Expires 8/20/2026.