Section He-P 824.19 - Personnel(a) The licensee shall ensure that sufficient numbers of qualified personnel are present in the HH to meet the needs of patients at all times.(b) The licensee shall develop a job description for each position in the HH containing:(1) Duties of the position; (2) Physical requirements of the position; and(3) Qualifications and educational requirements of the position.(c) All direct care personnel shall be at least 18 years of age unless they are:(1) An LNA working under the supervision of an RN in accordance with Nur 700; or(2) Part of an established educational program working under the supervision of a registered nurse.(d) For all new hires, the licensee shall: (1) Obtain and review criminal records check in accordance with RSA 151:2-d. Results must include criminal history from the state of New Hampshire;(2) Verify the qualifications and licenses, as applicable, of all applicants prior to employment; and(3) Verify that the applicant is not on the BEAS registry maintained by the department's bureau of elderly and adult services per RSA 161-F:49.(e) Unless a waiver is granted in accordance with He-P 824.10, 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, theft, abuse, neglect, or exploitation in this or any other state;(3) Has 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; or(4) Otherwise poses a threat to the health, safety, or well-being of patients.(f) If the information identified in (e) above regarding any person in (d) above is learned after the person is hired, contracted with, or engaged, the licensee shall immediately notify the department and either: (1) Cease employing, contracting with, or engaging the person; or(2) Request a waiver of (e) above.(g) If a waiver of (e) above is requested, the department shall review the information and the underlying circumstances in (e) 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; or(2) Grant a waiver of (e) above if, after investigation, it determines that the person does not pose a current threat to the health, safety, or well-being of a patient(s).(h) The licensee shall not employ, contract with, or engage, any person in (d) above who is listed on the BEAS state registry unless a waiver is granted by BEAS.(i) In lieu of (d) and (h) above, the licensee may accept from independent agencies contracted by the licensee or by an individual patient to provide direct care or personal care services a signed statement that the agency's employees have complied with (c) and (g) above and do not meet the criteria in (d) above.(j) Prior to having direct care contact with patients, personnel, including volunteers and independent contractors shall: (1) Submit to the licensee 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 and for personnel other than volunteers and independent contractors, submit the results of a physical examination or a health screening;(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;(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; and(4) In lieu of (1) above, independent contractors hired by the facility may provide the facility with a signed statement that they have complied with (1) and (3) above for their employees working at the HH.(k) Within the first 7 days of employment, all personnel who have direct or indirect contact with patients, to include volunteers who have direct care contact or who prepare and serve food shall receive a tour of the HH and an orientation that includes the following:(1) The patients' rights in accordance with RSA 151:21;(2) The HH's complaint procedures;(3) The duties and responsibilities of the position;(4) The medical emergency procedures;(5) The HH's infection control procedures and required by He-P 824.22;(6) The HH's emergency and evacuation procedures;(7) The procedures for food safety for those personnel involved in preparation, serving, and storing of food; and(8) The mandatory reporting requirements such as RSA 161:F: 46-48 and RSA 169-C: 29-31.(l) Within the first 3 months of employment, all personnel who have direct or indirect contact with patients, to include volunteers who have direct care contact or who prepare and serve food shall receive an orientation to hospice philosophy relative to the delivery of care and services to hospice patients and their families.(m) All personnel shall complete mandatory annual in-service education, which shall include a review of the information required by (k)(7) and (8) above.(n) The licensee shall comply with all dementia training requirements pursuant to RSA 151:47-49 including continuing education.(o) Such continuing education 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.(p) 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 patient; 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, volunteers, or independent contractors hired by the licensee who will have direct care contact with patients, as defined in He-P 824.03(s), or direct contact with food who have a history of TB or a positive skin test shall have a symptomatology screen in lieu of a TB test.(r) The licensee shall inform personnel of the line of authority at the HH.(s) The personnel file for each individual 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 of and received training on the implementation of the licensee's policy setting forth the patient's rights and responsibilities as required by RSA 151:21;(4) A copy of the results of the criminal record check as described in (a) 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 (n) above;(7) Information as to the general content and length of all in-service or educational programs attended; (8) Record of satisfactory completion of all required education programs and demonstrated competencies that is signed and dated by the employee;(9) Documentation that the required physical examinations, health screenings, TB test results, and radiology reports of chest x-rays, if required, have been completed by the appropriate health professionals; and(10) The statement required by (t) below.(t) 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 patient; or (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.(u) The licensee shall maintain separate personnel records that: (1) Contain the information required by (s) above; and(2) Are protected and stored in a secure and confidential manner.(v) The licensee shall document evidence of immunization against influenza and pneumococcal disease for all consenting employees and shall provide to its consenting employees annual immunizations against influenza, to include: (1) That immunizations shall be provided and reported in accordance with RSA 151:9-b, I-V; and(2) The facility shall have a plan that identifies and documents, with dates, employees that have received or declined to receive immunizations.N.H. Admin. Code § He-P 824.19
Amended by Volume XXXVII Number 19, Filed May 11, 2017, Proposed by #12169, Effective 4/29/2017, Expires 10/26/2017.Amended by Number 15, Filed April 13, 2023, Proposed by #13572, Effective 3/1/2023, Expires 3/1/2033.