N.H. Admin. Code § He-P 818.19

Current through Register No. 45, November 7, 2024

Section He-P 818.19 - Personnel

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

(1) Duties of the position;

(2) Physical requirements of the position; and

(3) Education and experience requirements of the position.

(b) All applicants for a license shall obtain a criminal record check from the New Hampshire department of safety in accordance with RSA 151:2-d.

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

(1) Obtain and review a criminal records check from the New Hampshire department of safety;

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

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

(d) Unless a waiver is granted in accordance with (e) below, the licensee shall not offer employment for any position or allow a household member to continue to reside in the ADP 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 participants.

(e) The department shall grant a waiver of (d) 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 participants.

(f) If the information identified in (d) above is learned after the person is hired or after an individual becomes a household member, the licensee shall immediately notify the department.

(g) The department shall review the information in (d) above and notify the licensee that the individual can no longer be employed or, if a household member, can no longer reside at the premises if, after investigation, it determines that the individual poses a threat to the health, safety, or well-being of a participant.

(h) The licensee shall check the names of the following people against the bureau of elderly and adult services (BEAS) state registry, maintained pursuant to RSA 161-F:49 and He-W 720, and against the NH board of nursing, nursing assistant registry, maintained pursuant RSA 326-B:26 and 42 CFR 483.156:

(1) All household members;

(2) All volunteers and independent contractors prior to having any direct contact with participants; and

(3) All prospective employees, prior to hiring.

(i) The licensee shall not permit any volunteer or independent contractor to have direct contact with participants or make a final offer of employment to any prospective employee listed on the BEAS state registry or the NH board of nursing, nursing assistant registry unless a waiver is granted by BEAS or the NH board of nursing, respectively.

(j) All personnel including volunteers and independent contractors shall:

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

(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) Be at least 18 years of age if working as direct care personnel unless they are:

a. A licensed nursing assistant working under the supervision of a nurse in accordance with Nur 700; or

b. Involved in an established educational program working under the supervision of a nurse; and

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

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

d. The ADP's infection control program;

e. The ADP's fire and emergency plans; and

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

(k) All personnel shall complete annual continuing education, including a review of the ADP's:

(1) Policies and procedures relative to participant rights and complaint procedures as required by RSA 151:20;

(2) Infection control program;

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

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

(l) There shall be at least one personnel member on duty who has current certification in adult cardio pulmonary resuscitation (CPR) equivalent to basic life support from either the American Red Cross or the American Heart Association whenever the ADP is in operation.

(m) Prior to having contact with participants or food, personnel, including volunteers and independent contractors, shall:

(1) Submit to the licensee the results of a physical examination or a health screening and the results of a 2-step tuberculosis (TB) test, Mantoux method, or other method approved by the Centers for Disease Control, 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.

(n) In lieu of (m) (1) above, independent contractors hired by the ADP may provide the ADP with a signed statement that they have complied with (m) (1) and (3) above for their employees working at the ADP.

(o) All licensees using the services of independent clinical contractors, such as a podiatrist, shall:

(1) Have a written agreement with each clinical contractor that describes the services that will be provided; and

(2) Maintain a copy of the clinical contractors' licenses as required by (j) (3) above if applicable.

(p) All personnel shall follow the orders of the licensed practitioner for each participant and encourage participants to follow the practitioner's orders.

(q) Current, separate, and complete personnel files shall be maintained and stored in a secure and confidential manner at the licensed ADP premises for all personnel of the ADP.

(r) The personnel file required by (q) 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 ADP's policy setting forth the participant 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 (j) (5) above;

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

(9) Documentation of annual continuing education as required by (k) above;

(10) 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;

c. Have not 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; and

d. Do not otherwise pose a threat to the health, safety or well-being of participants; and

(11) Documentation of the criminal records check.

(s) An individual need not re-disclose any of the matters in (r) (10) above if the documentation is available and the department has previously reviewed the material and determined that the individual can continue employment.

(t) 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 818.19

#9106, eff 3-18-08; ss by #9565, eff 10-16-09

Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12198, Effective 6/2/2017, Expires 6/2/2027.