N.H. Admin. Code § He-P 819.17

Current through Register No. 50, December 12, 2024

Section He-P 819.17 - Personnel

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

(1) Duties of the position; and

(2) Education and experience requirements of the position.

(b) For all applicants for employment, the licensee shall:

(1) Obtain and review a criminal records check in accordance with RSA 151:2-d. Results shall include criminal history from the state of New Hampshire

(2) Verify that the potential employee is not listed on the State Registry maintained by the department's bureau of elderly and adult services (BEAS) per RSA 161-F:49. The licensee shall not employ any person who is listed on the BEAS state registry unless a waiver is granted by BEAS.

(3) Require the employee to submit the results of a physical examination or pre-employment health screening performed by a licensed nurse or a licensed practitioner and 2 step tuberculosis testing, Mantoux method, or other method approved by the Centers for Disease Control, conducted not more than 12 months prior to employment;

(4) Allow the employee to work while waiting for the results of the second step of the TB test when the results of the first test are negative for TB; and

(5) 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.

(c) Unless a waiver is granted in accordance with (d) 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 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 for assault, fraud, theft, abuse, neglect, or exploitation or any person; or

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

(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 clients.

(e) Waivers granted under (d) above shall be permanent as long as the individual is employed by the CMA.

(f) All personnel shall:

(1) Meet the requirements of the position as listed in the job description required by (a) above;

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

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

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

d. The CMA's emergency plans; and

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

(g) Comply with all dementia training requirements pursuant to RSA 151:47-49, including continuing education, as applicable.

(h) Such continuing education in (g) above shall include new information on best practices in the treatment and care of persons with dementia and be provided for:

(1) A minimum of 6 hours for initial continuing education to covered administrative staff members and covered direct service staff members; and

(2) A minimum of 4 hours of ongoing training each calendar year.

(i) All personnel shall complete annual continuing education, which shall include a review of the CMA's policies and procedures relative to client rights and complaint procedures.

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

(k) The personnel file required by (j) above shall include the following:

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

(2) A signed statement acknowledging the receipt of the CMA's policy setting forth the client's rights and responsibilities, and acknowledging training and implementation of the policy as required by RSA 151:20;

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

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

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

(6) Documentation of annual continuing education as required by (j) above;

(7) Documentation of the BEAS state registry check and the criminal record check; and

(8) 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 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

d. Do not pose a threat to the health, safety, or well-being of a client.

N.H. Admin. Code § He-P 819.17

Derived from Number 37, Filed September 14, 2023, Proposed by #13709, Effective 8/1/2023, Expires 8/1/2033.