Current through Register No. 40, October 3, 2024
(a) Providers
who are not a member of the individual's family shall:
(1) With respect to qualifications and
training, meet the requirements specified in the service agreement and, if
applicable, medication administration requirements under
He-M
524.21(a)(7);
(2) Meet the educational qualifications, or
the equivalent combination of education and experience, identified in the job
description;
(3) Supply at least
one reference;
(4) Meet
certification and licensure requirements of the position, if any; and
(5) Be either:
a. A minimum of 18 years of age; or
b. With the agreement of the individual or
representative, and area agency, ages 15 through 17.
(b) All providers, including
providers who are family members, shall, prior to a final hiring decision, be
required by the employer to consent to:
(1) A
New Hampshire criminal records check no more than 30 days prior to
hire;
(2) If the provider's primary
residence is out of state, a criminal records check for their state of
residence;
(3) If the provider has
resided in New Hampshire for less than one year, a criminal records check for
their previous state of residence; and
(4) A check of the state registries of
founded reports of abuse, neglect, and exploitation, as established by
RSA
161-F:49 and
RSA
169-C:35.
(c) Except as allowed in (d) and (e) below,
an employer 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 either of the state
registries of founded abuse, neglect, and exploitation as established by
RSA
161-F:49 and
RSA
169-C:35.
(d) An employer may hire a person with a
criminal record listed in (c)(1)a. or b. above for a single offense that
occurred 10 or more years ago in accordance with (e) and (f) 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.
(e) Employment of a
person pursuant to (d) 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; and
(3)
Does not affect the quality of services to the individual.
(f) Upon hiring a person pursuant to (d) and
(e) above, the employer shall document and retain the following information in
the individual's record:
(1) The date(s) of
the approvals in (e) above;
(2) The
name of the individual for whom the person will provide services;
(3) The name of the person hired;
(4) Description of the person's criminal
offense;
(5) The type of service
the person is hired to provide;
(6)
The employer's name and address;
(7) A full explanation of why the employer is
hiring the person despite the person's criminal record;
(8) Signature of the individual, or of the
legal guardian(s) if applicable, indicating agreement with the employment and
date signed;
(9) Signature of the
staff person who obtained the individual's or guardian's signature and date
signed;
(10) Signature of the area
agency's executive director or designee approving the employment; and
(11) The signature and phone number of the
person being hired.
(g)
For the purposes of (b) above, the area agency shall be the employer for
parents paid to provide in-home residential habilitation.
(h) The employer shall provide information
regarding the staff development elements identified in
He-M
506.05 to assist the individual or representative in
making informed decisions with respect to orientation and training of
non-family staff and providers.
(i)
Subsequent to (h) above, and consistent with the area agency or subcontract
agency's personnel policies, the employer shall ensure that non-family staff
and providers receive the orientation and training selected by the individual
or representative.
(j) The service
coordinator shall:
(1) For individuals aged 3
and over, comply with
He-M
503.08(e) and (f); or
(2) For individuals under age 3, comply with
He-M
510.02(ak) and
He-M
510.11(j).
(k) When an individual or representative
chooses in-home supports to be provided by a family member, the employer shall
require the individual or representative to submit documentation describing any
orientation and training provided to the family member.
(l) Providers of assistive technology, in
accordance with He-M 524.10, shall have
specialized training relative to the specific item of assistive
technology.
(m) Providers of
consultative services, in accordance with
He-M
524.07, shall meet one of the following
qualifications:
(1) Be a psychiatrist,
psychologist, or other provider that requires a license and hold a valid
license issued by the appropriate licensing board;
(2) For other disability professionals who do
not require professional licensure as specified in (1) above, have specialized
knowledge in the subject matter they are providing consultative services for;
or
(3) A master's level clinical
degree with expertise and experience to provide supports to individuals with
developmental disabilities who are at risk for unsafe sexual behaviors or
arson.
(n) Providers of
environmental or vehicle modifications in accordance with
He-M
524.09 shall have any license, certificate, or permit
as required by state law or local ordinance for the particular modification
provider.
(o) Providers of
non-medical transportation in accordance with
He-M
524.13 shall:
(1)
Have a current driver's license;
(2) Consent to a New Hampshire driving record
check completed by the employer within 30 days or providing transportation;
and
(3) Provide proof of automobile
insurance.
