Current through Register No. 40, October 3, 2024
(a) For all
applicants for employment, except those licensed by the New Hampshire board of
nursing, and for all household members 17 years of age or older, 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 (b) below; and
(3) Verify the qualifications of all
applicants prior to employment.
(b) Unless a waiver is granted in accordance
with (c) below, the licensee shall not offer employment for any position or
allow a household member to continue to reside in the residence 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, abuse, theft, 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, abuse, neglect or exploitation of any person;
or
(4) Otherwise poses a threat to
the health, safety or well-being of the residents.
(c) The department shall grant a waiver of
(b) 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
residents.
(d) No employee shall be
permitted to maintain their employment, and no household member shall be
permitted to remain residing in the facility, if he or she has been convicted
of a felony, sexual assault, other violent crime, assault, fraud, abuse,
neglect or exploitation of any person in this or any other state by a court of
law or has had a complaint investigation for abuse, neglect, or exploitation
adjudicated and founded by the department unless a waiver has been granted by
the department.
(e) The licensee
shall check, prior to hiring, the names of all prospective employees against
the bureau of elderly and adult services (BEAS) state registry maintained
pursuant to RSA
161-F:49 and He-W 720, and the NH board of
nursing, nursing assistant registry maintained pursuant
RSA
326-B:26 and 42 C.F.R. section
483.156.
(f) The licensee shall not
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 the bureau of elderly and adult services or the NH board
of nursing, respectively.
(g) For
an SRHCF licensed for 17 or more beds, all administrators shall be at least 21
years of age and have one of the following combinations of education and
experience:
(1) A bachelor's degree from an
accredited institution and 2 years of relevant experience working in a health
care setting;
(2) A New Hampshire
license as an RN, with at least 2 years of relevant experience working in a
health care setting;
(3) An
associate's degree from an accredited institution plus 4 years of relevant
experience working in a health care setting; or
(4) A New Hampshire license as an LPN, with
at least 4 years of relevant experience working in a health care
setting.
(h) For an
SRHCF licensed for 16 or fewer beds, all administrators shall be at least 21
years of age and have one of the following combinations of education and
experience:
(1) A bachelor's degree from an
accredited institution and one year of relevant experience working in a health
care setting;
(2) A New Hampshire
license as an RN, with at least one year of relevant experience working in a
health care setting;
(3) An
associate's degree from an accredited institution plus 2 years of relevant
experience working in a health care setting;
(4) New Hampshire license as an LPN, with at
least 2 years of relevant experience working in a health care setting;
or
(5) Be a high school graduate or
have a GED with 6 years of relevant experience working in a health care setting
with at least 2 of those years as direct care personnel in a long-term care
setting within the last 5 years.
(i) All administrators shall obtain and
document in accordance with (q) (7) and (8) below, 12 hours of continuing
education related to the operation and services of the SRHCF each annual
licensing period.
(j) All personnel
shall be at least 18 years of age if working as direct care personnel unless
they are:
(1) A licensed nursing assistant
working under the supervision of a nurse in accordance with Nur 700;
or
(2) Involved in an established
educational program working under the supervision of a nurse.
(k) The licensee shall inform
personnel of the line of authority at the SRHCF.
(l) The licensee shall educate personnel
about the needs and services required by the residents under their
care.
(m) Prior to having direct
care contact with residents, 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 SRHCF.
(n) Within the first 7 days of employment,
all personnel who have direct or indirect contact with residents, to include
volunteers who have direct care contact or who prepare and serve food shall
receive a tour of the SRHCF and an orientation that includes the following:
(1) The residents' rights in accordance with
RSA
151:21;
(2) The SRHCF's complaint
procedures;
(3) The duties and
responsibilities of the position;
(4) The medical emergency
procedures;
(5) The emergency and
evacuation procedures;
(6) The
infection control procedures as required by
He-P
805.22;
(7) The procedures for food safety for
personnel involved in preparation, serving and storing of food; and
(8) The mandatory reporting requirements
including RSA
161-F:46 and
RSA
169-C:29.
(o) The licensee shall provide all personnel
with an annual continuing education or in-service education training, which at
a minimum contains the following:
(1) The
licensee's resident's rights and complaint procedures required under RSA
151;
(2) The licensee's infection
control program;
(3) The licensee's
written emergency plan; and
(4) The
mandatory reporting requirements including
RSA
161-F:46 and
RSA
169-C:29.
(p) The licensee shall provide an annual
review of its policies and procedures for self-administration of medication
without assistance, self-administration of medication with assistance and
self-directed medication administration to all direct care personnel.
(q) 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 residents 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:
a. Position
title;
b. Qualifications and
experience; and
c. 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 (r) below.
(r) 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 resident; 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.
(s) The licensee shall maintain separate
personnel records that:
(1) Contain the
information required by (q) above; and
(2) Are protected and stored in a secure and
confidential manner.
#8746, eff
10-25-06
