N.H. Admin. Code § He-P 816.18

Current through Register No. 45, November 7, 2024

Section He-P 816.18 - Personnel

(a) The licensee shall develop a job description for each position at the EHC containing:

(1) Duties of the position;

(2) Physical requirements of the position; and

(3) Education and experience requirements of the position.

(b) For all applicants for employment, and for all volunteers and independent contractors who will have direct contact with participants, 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, except, pursuant to RSA 151:2-d, VI, for those licensed by the New Hampshire board of nursing;

(2) Review the results of the criminal records check in (1) above in accordance with (c) below; and

(3) Verify the qualifications of all applicants prior to employment.

(c) Unless a waiver is granted in accordance with He-P 816.10 and(d) below, the licensee shall not offer employment for any position if the individual:

(1) Has been convicted of any felony in this or any other state;

(2) Has been convicted for sexual assault, other violent crime, assault, fraud, theft, abuse, 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, theft, abuse, neglect, or exploitation of any person; or

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

(d) The department shall grant a waiver of (c) 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 students.

(e) If the information identified in (c) above regarding any employee is learned after the person is hired, the licensee shall immediately notify the department.

(f) The department shall review the information in (c) above and notify the licensee that the individual can no longer be employed if, after investigation, it determines that the individual poses a threat to the health, safety, or well-being of a student.

(g) All personnel shall:

(1) Meet the educational and physical qualifications of the position as listed in their job description;

(2) Not have been convicted of a felony, sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation of any person in this or any other state by a court of law or had a complaint investigation for abuse, neglect, or exploitation adjudicated and founded by the department;

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

(4) Receive an orientation within the first 3 days of work that includes:

a. The EHC's policies on 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 EHC's policies, procedures, and guidelines;

d. The EHC's infection control program;

e. The EHC's fire, evacuation, and emergency plans which outline the responsibilities of personnel in an emergency; and

f. Mandatory reporting requirements such as those found in RSA 169-C:29; and

(5) Complete mandatory annual in-service education, which includes a review of the EHC's:

a. Polices and procedures on student rights and responsibilities;

b. Infection control program;

c. Education program on fire and emergency procedures; and

d. Mandatory reporting requirements such as those found in RSA 161-F:42-57 and RSA 169-C:29.

(h) All direct care staff shall have current certifications in adult cardio pulmonary resuscitation (CPR) equivalent to basic life support from either the American Red Cross or the American Heart Association.

(i) Prior to having contact with students, 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 practitioner and the results of a 2-step tuberculosis (TB) test, Mantoux method, or other method approved by the United States Centers for Disease Control and Prevention, 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 United States 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.

(j) Personnel, volunteers. or independent contractors hired by the licensee who will have direct contact with students who have a history of TB or a positive skin test shall have a symptomatology screen of a TB test.

(k) All licensees using the services of independent clinical contractors at the EHC, such as psychologists, shall ensure that these personnel have:

(1) Been oriented in accordance with (g) (4) above;

(2) Submitted results of tuberculosis testing, either Mantoux method or blood assay, conducted not more than 12 months prior to employment;

(3) Provided a copy of any license required by law; and

(4) A written agreement that describes the services that will be provided.

(l) All personnel shall follow the orders of the licensed practitioner for each student and shall encourage students to follow the practitioner's orders.

(m) Current, separate, and complete personnel files shall be maintained and stored in a secure and confidential manner at the EHC or the administrative office for all EHC personnel and independent clinical contractors.

(n) The personnel file required by (m) above shall include the following:

(1) A completed application for employment or a resume, including:

a. Identification data, including date of birth; and

b. The education and work experience of the employee;

(2) A signed statement acknowledging the receipt of the EHC's policy setting forth the student'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:

a. Position title;

b. Qualifications and experience; and

c. Duties required by the position;

(4) Record of satisfactory completion of the orientation program required by (g) (4) above and any required annual continuing education, if any;

(5) A copy of each current New Hampshire license, registration, or certification in health care field, 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) Copies of current CPR certifications;

(8) Documentation of annual in-service education as required by (g) (5) above;

(9) Information as to the general content and length of all continuing education or educational programs attended;

(10) For unlicensed personnel 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) A statement that shall be signed at the time the initial offer of employment is made and then annually thereafter by all personnel stating that they:

a. Do not have a felony conviction in this or any other state;

b. Have 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 student; and

c. Have 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; and

(12) Documentation of the criminal records check.

(o) An individual need not re-disclose any of the matters in (n) (11) and (12) above if the documentation is available and the department has previously reviewed the material and determined that the individual can continue employment.

(p) 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 816.18

#9193, eff 6-26-08; ss by #9565, eff 10-16-09

Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12197, Effective 6/2/2017, Expires 6/2/2027.