Current through Register No. 40, October 3, 2024
(a)
Provider agency staff shall meet the qualifications for and conditions of
employment identified in He-M 507, He-M 510, He-M 513, He-M 518, He-M 521, He-M
524, He-M 1001, and He-M 1201.
(b)
Each applicant for employment shall:
(1) Meet
the educational qualifications, or the equivalent combination of education and
experience, identified in the job description;
(2) Meet professional certification and
licensure requirements of the position;
(3) Meet the motor vehicle licensure
requirement identified in the job description;
(4) Either:
a. Present documentation of a tuberculosis
(TB) test performed within the past 6 months; or
b. Undergo a TB test prior to employment;
and
(5) If a test
referenced in (4) above is positive, provide evidence of follow-up conducted in
accordance with the Centers for Disease Control and Prevention "Guidelines for
Preventing the Transmission of Mycobacterium tuberculosis in Health-Care
Settings, 2005," available as noted in Appendix A.
(c) All staff shall be at least 18 years of
age.
(d) Prior to a person working
directly with an individual, the provider agency, with the consent of the
person, shall:
(1) Obtain at least 2
references for the person;
(2)
Complete, at a minimum, a New Hampshire criminal records check no more than 30
days prior to hire;
(3) If a
person's primary residence is out of state, complete a criminal records check
for their state of residence;
(4)
If a person has resided in New Hampshire for less than one year, complete a
criminal records check for their previous state of residence; and
(5) Complete a BEAS state registry check no
more than 30 days prior to hire.
(e) Except as allowed in (f) -(g) below, the
provider agency shall not hire a person:
(1)
Who has a:
a. Felony conviction; or
b. Any misdemeanor conviction involving:
1. Physical or sexual assault;
2. Violence;
3. Exploitation;
4. Child pornography;
5. Threatening or reckless conduct;
6. Theft;
7. Driving under the influence of drugs or
alcohol; or
8. Any other conduct
that represents evidence of behavior that could endanger the well-being of an
individual; or
(2) Whose name is on the BEAS state
registry.
(f) A provider
agency may hire a person with a criminal record listed in (e) (1) a. or b.
above for a single offense that occurred 10 or more years ago in accordance
with (g) and (h) below. In such instances, the individual, his or her guardian
if applicable, and the area agency shall review the person's history prior to
approving the person's employment.
(g) Employment of a person pursuant to (f)
above shall only occur if such employment:
(1) Is approved by the individual, his or her
guardian if applicable, and the area agency;
(2) Does not negatively impact the health or
safety of the individual(s); and
(3) Does not affect the quality of services
to individuals.
(h) Upon
hiring a person pursuant to (f) above, the provider agency shall document and
retain the following information in the individual's record:
(1) Identification of the region, according
to He-M
505.04, in which the provider agency is
located;
(2) The date(s) of the
approvals in (f) above;
(3) The
name of the individual or individuals for whom the person will provide
services;
(4) The name of the
person hired;
(5) Description of
the person's criminal offense;
(6)
The type of service the person is hired to provide;
(7) The provider agency's name and
address;
(8) The certification
number and expiration date of the certified program, if applicable;
(9) A full explanation of why the provider
agency is hiring the person despite the person's criminal record;
(10) Signature of the individual(s), or of
the legal guardian(s) if applicable, indicating agreement with the employment
and date signed;
(11) Signature of
the staff person who obtained the individual's or guardian's signature and date
signed;
(12) Signature of the area
agency's executive director or designee approving the employment; and
(13) The signature and phone number of the
person being hired.
(i)
Personnel records, including background information relating to a staff
person's qualifications for the position held, shall be maintained by the
provider agency for a period of 7 years after that staff person's employment
termination date.
#2033, eff 6-7-82; ss by #2679, eff 4-18-84; ss by
#5047, eff 1-18-91, EXPIRED: 1-18-97
New. #6645, eff 12-2-97,
EXPIRED: 12-2-05
New. #8604, eff 4-11-06; ss by
#10528, eff 3-1-14
