Section He-P 811.18 - Personnel(a) The licensee shall develop a job description for each position at the ESRDDC containing: (2) Duties of the position; (3) Physical requirements of the position; and(4) Qualifications and education requirements of the position.(b) For all applicants considered 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 ESRDDC, 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 accordance with (c) below; (3) Verify that the person is not listed on the BEAS state registry maintained by the department's bureau of elderly and adult services in accordance with RSA 161-F:49;(4) Verify that the applicant meets the educational and physical qualifications of the position; and(5) Verify that the applicant is licensed, registered, or certified if required by state statute.(c) Unless a waiver is granted in accordance with (c) below, the licensee shall not offer employment, contract with, or engage a person in (d) above if the person: (1) Has been convicted of a felony in this or any other state;(2) Has been convicted for sexual assault, other violent crime, assault, fraud, theft, abuse, 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 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 the clients.(d) If the information identified in (c) above regarding any employee is learned after the person is hired, the licensee shall immediately notify the department and either: (1) Cease employing, contracting with, or engaging the person; or(2) Request a waiver of (d) above.(e) If a waiver of (b) above is requested, the department shall review the information and the underlying circumstances in (b) above 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 client; or(2) Grant a waiver of (b) above if, after investigation, it determines that the person does not pose a current threat to the health, safety, or well-being of a client(s) .(f) The waiver in (e) (2) above shall be permanent for as long as the individual remains in the same job unless additional convictions or findings under (c) above occur. (g) 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 licensed clinical supervisor.(h) The licensee shall inform personnel of the line of authority at the ESRDDC.(i) Prior to having contact with clients, all personnel shall:(1) Submit to the licensee the results of a physical examination or a health screening performed by a licensed nurse or a licensed practioner and the results of a 2-step tuberculosis (TB) test, Mantoux method, or other method approved by the Centers for Disease Control, both conducted not more than 12 months prior to employment, contracting or engagement;(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 "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. (j) In lieu of (o) (1) below, independent agencies contracted by the facility or by an individual client to provide direct care or personal care services shall provide the licensee with a signed statement that its employees have complied with (o) (1) and (3) below before working at the ESRDDC.(k) Prior to having contact with clients, all personnel shall receive a tour of the ESRDDC and have an orientation that explains the following: (1) The clients' rights in accordance with RSA 151:20;(2) The ESRDDC'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 811.21; (7) The licensee's confidentiality requirements; (8) The grievance procedures for staff and clients; and(9) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.(l) 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 client rights and complaint procedures required under RSA 151;(2) The licensee's infection control program; (3) The licensee's written emergency plan;(4) The licensee's policies and procedures; and(5) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.(m) All licensees using the service of independent clinical contractors who have direct contact with clients shall ensure that these personnel have: (1) Been oriented in accordance with (k) above;(2) Submitted results of a physical examination or health screening and 2 step tuberculosis testing, mantoux method, conducted not more than 12 months prior to employment;(3) Provided a copy of any license, registration, or certification as required by (a) (5) above; and(4) Have a written agreement with the licensee that describes the services that will be provided and agrees to comply with (1) through (3) above.(n) Current and complete personnel files shall be maintained and available to the department for inspection.(o) The personnel file required by (n) 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 and received training on the implementation of the of the licensee's policy setting forth the client rights and responsibilities as required by RSA 151:20;(4) A copy of the results of the criminal record check required by (b) (1) 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 (k) above;(7) A copy of each current New Hampshire license, registration, or certification in health care field, if applicable;(8) 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; (9) Documentation of annual in-service education as required by (l) above; (10) For patient care technicians that have been delegated the task of medication administration, the written evaluation by the delegating registered nurse that was used to determine the personnel member is competent to administer medications;(11) Results of the registry checks required in (b) above;(12) A signed statement from the employee required by (o) below; and(13) Documentation to verify compliance with (r), (s) and (t) below, as applicable. (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 or pose a threat to the health, safety, or well-being of a client; and (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.(p) For individuals with the waiver described in (e) above, the statement required by (o) above shall cover the period of time since the waiver was granted.(q) An individual shall not be required to 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.(r) The license shall ensure that all direct care personnel have current certification in: (1) Basic life support (BLS);(2) Cardio pulmonary resuscitation (CPR); and(3) Automatic electronic defibrillator (AED) .(s) The licensee shall ensure that all personnel are familiar with the location of the equipment required by He-P 811.22(k) .(t) The licensee shall ensure that all personnel, in accordance with their practice act, are familiar with the operation and use of the equipment required by He-P 811.22(k) .N.H. Admin. Code § He-P 811.18
Amended by Volume XXXIX Number 32, Filed August 8, 2019, Proposed by #12827, Effective 7/20/2019, Expires 1/16/2020.Amended by Volume XL Number 7, Filed February 13, 2020, Proposed by # 12985, Effective 1/29/2020, Expires 1/29/2030.