N.H. Admin. Code § He-P 817.17

Current through Register No. 45, November 7, 2024

Section He-P 817.17 - Personnel

(a) For all applicants for employment, 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) Unless a waiver is granted in accordance with (c) below, the licensee shall not offer employment for any position 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 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 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 department's bureau of elderly and adult services (BEAS) state registry maintained pursuant to RSA 161-F:49 and He-W 720.

(f) The licensee shall not make a final offer of employment to any prospective employee listed on the BEAS state registry unless a waiver is granted by the bureau of elderly and adult services.

(g) The licensee shall develop a job description for each position in the collection station containing:

(1) Duties of the position;

(2) Physical requirements of the position; and

(3) Education requirements of the position.

(h) The licensee shall hire an administrator who has a minimum of 2 years administrative experience in a health care facility, who has phlebotomy experience, and meets one of the following criteria:

(1) Is a licensed New Hampshire:

a. Physician;

b. Physician's assistant;

c. Advanced practice registered nurse;

d. Dentist;

e. Optometrist;

f. Naturopath;

g. Respiratory therapist; or

h. Registered nurse;

(2) Is a medical technologist certified by a nationally recognized certification board, such as the American Society of Clinical Pathology;

(3) Is an emergency medical technician (EMT) registered by the National Registry of Emergency Medical Technicians; or

(4) Has a minimum of an associate's degree in a life science.

(i) All personnel shall:

(1) Meet the requirements of the position as listed in the job description described in (g) above;

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

(3) Receive an orientation within the first 7 days of work that includes:

a. The collection station's policies on patient's rights and responsibilities and complaint procedures as required by RSA 151:20;

b. The duties and responsibilities of the position;

c. The collection station's policies, procedures, and guidelines;

d. The collection station's infection control program;

e. The collection station's fire and emergency plans; and

f. The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29;

(4) Submit results of a physical examination or health screening conducted not more than 12 months prior to employment, including at a minimum the following:

a. The name of the examinee;

b. The date of the examination;

c. Whether or not the examinee has a contagious illness or any other illness which would affect the examinee's ability to perform their job duties;

d. Results of a 2-step tuberculosis (TB) test, Mantoux method or other method approved by the Centers for Disease Control (CDC);

e. Medications currently prescribed for the examinee which might affect the examinee's ability to perform their job duties;

f. Evidence of current alcohol or drug abuse by the examinee, which might affect the examinee's ability to perform their job duties;

g. Impairment of vision or hearing which might affect the examinee's ability to perform their job duties;

h. Evidence of current mental illness or emotional disorder which affect the examinee's ability to perform their job duties; and

i. The dated signature of the licensed health practitioner; and

(5) Comply with the requirements of the Centers for Disease Control and Prevention "Guidelines for Preventing the Transmission of M. tuberculosisin Health-Care Settings" (2005 edition), available as noted in Appendix A, if the person has had direct contact or potential for occupational exposure to M. tuberculosis through shared air space with persons with infectious TB or has a positive TB test.

(j) All personnel shall complete annual in-service education in the collection station's:

(1) Policies and procedures on patient's rights and responsibilities;

(2) Infection control program;

(3) Fire and emergency procedures; and

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

(k) The personnel of the collection station shall consist of phlebotomists or other personnel who are instructed in the collection of specimens from the human body.

(l) The instruction required in (k) above, shall be accomplished by:

(1) A formal education program; or

(2) On the job training.

(m) All licensees using the service of independent clinical contractors shall:

(1) Provide the clinical contractors with an orientation as specified in (i) (3) above;

(2) Maintain a copy of a physical examination or health screen and TB testing, mantoux method, that was conducted no more than 12 months prior to employment for each clinical contractor;

(3) Maintain a copy of the clinical contractors' licenses as required by (i) (2) above, if applicable; and

(4) Have a written agreement with each clinical contractor that describes the services that will be provided and agreement to comply with (1) through (3) above.

(n) Current and complete personnel files shall be maintained at the licensed premises for all personnel except as allowed by (r) below.

(o) The personnel file required by (n) above, shall include:

(1) A completed application for employment or a resume;

(2) Qualifications and work experience;

(3) A signed statement acknowledging the receipt of the licensee's policy setting forth the clients 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 signed statement acknowledging compliance with (p) below;

(6) A job description signed by the individual that identifies the:

a. Position title;

b. Qualifications and experience; and

c. Duties required by the position;

(7) Record of satisfactory completion of the orientation program required by (i) (3) above;

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

(9) 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;

(10) Documentation of annual in-service education as required by (j) above; and

(11) The statement(s) required by (p) below.

(p) Unless a waiver has been granted in accordance with (c) above, 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.

(q) Personnel records shall be:

(1) Maintained on an individual basis, separate and distinct from other employees and contain only information relating to the specific personnel member; and

(2) Stored in locked containers or cabinets or in a locked room on the premises.

(r) Personnel records may be stored in a central location provided that:

(1) The personnel record is available to the department at the licensed premises within 30 minutes of being requested; and

(2) The records are maintained in accordance with (o) above.

N.H. Admin. Code § He-P 817.17

#5775, eff 1-24-94, EXPIRED: 1-24-00

New. #8410 eff 8-19-05; ss by #8853, eff 3-24-07

Amended by Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10979, Effective 11/20/2015, Expires11/20/2025.