Current through Register No. 40, October 3, 2024
(a) The licensee
shall comply with all federal, state and local laws, rules, codes, and
ordinances, including
RSA 161-F:49 and rules
promulgated thereunder, as applicable.
(b) The licenses shall register only those
patients whose needs can be met by the NEWCC.
(c) The licensee shall comply with the
patients' bill of rights as set forth in
RSA
151:19-21.
(d) The licensee shall define, in writing,
the scope and type of services to be provided by the NEWCC including the mobile
NEWCC vehicle and shall post the same in the facility and in all facility
advertising including on the facility's website.
(e) The licensee shall have a written
policies and procedures to include:
(1) The
rights and responsibilities of registered patients in accordance with the "
Patients' Bill of Rights" under
RSA
151:21;
(2) The policies described in He-P 806;
and
(3) A policy that ensures the
safety of all persons present on the licensed premises where firearms are
permitted.
(f) The
licensee shall develop and implement written policies and procedures governing
the operation and all services provided by the facility and for:
(1) Reviewing the policies and procedures
every 3 years; and
(2) Revising
them as needed.
(g) All
policies and procedures shall be reviewed and approved by the medical
director.
(h) The licensee shall
assess and monitor the quality of care and service provided to patients on an
ongoing basis.
(i) The licensee or
any employee shall not falsify any documentation or provide false or misleading
information to the department.
(j)
The licensee shall not:
(1) Advertise or
otherwise represent itself as operating a NEWCC, unless it is licensed;
and
(2) Advertise that it provides
services that it is not authorized to provide.
(k) The licensee shall comply with all
conditions of warnings and administrative remedies issued by the department,
and all court orders.
(l) Licensees
shall:
(1) Meet the needs of the patients
during those hours that the patients are in the care of the NEWCC;
(2) Establish, in writing, a chain of command
that sets forth the line of authority for the operation of the NEWCC;
(3) Appoint an administrator;
(4) Verify the qualifications of all
personnel;
(5) Provide sufficient
numbers of qualified personnel to meet the needs of patients during all hours
of operation;
(6) Provide
sufficient supplies, equipment, and lighting to meet the needs of the
patients;
(7) Require all personnel
to follow the orders of the licensed practitioner for every patient that has
such orders and encourage the patient to follow the licensed practitioner's
orders;
(8) Initiate action to
maintain the NEWCC in full compliance at all times with all relevant health and
safety requirements contained in applicable federal, state, and local laws,
rules, regulations, and ordinances; and
(9) Implement any POC that has been accepted
by the department.
(m)
The licensee shall consider all patients to be competent and capable of making
health care decisions unless the patient:
(1)
Has a guardian appointed by a court;
(2) Has a durable power of attorney for
health care or surrogate decision making that has been activated; or
(3) Is an un-emancipated minor.
(n) In accordance with
RSA
141-C:7,
He-P 301.02,
and
He-P
301.03 the licensee shall report all positive
tuberculosis test results for personnel to the office of infectious disease
control by:
(1) Telephone at
603-271-4496;
(2) Telephone at
603-271-5300 after business hours; or
(3) Fax to 603-271-0545.
(o) If the licensee registers and/or treats a
patient who is known to have a disease reportable under He-P 301 or an
infectious disease, which is any disease caused by the growth of microorganisms
in the body which might or might not be contagious, the licensee shall follow
the required procedures and personnel training for the care of the patients, as
specified by the Centers for Disease Control and Prevention "2007 Guideline for
Isolation Precautions: Preventing Transmission of Infectious Agents in
Healthcare Settings" (June 2007 edition), available as noted in Appendix
A.
(p) In addition to the posting
requirements specified in
RSA 151:29,
the licensee shall post the following documents in a public area:
(1) The license and current license
certificate issued in accordance with
RSA
151:2;
(2) All inspection reports issued in
accordance with,
He-P 806.09(d)
for the previous 12 months;
(3) A copy of the patients' bill of
rights;
(4) A copy of the
licensee's policies and procedures relative to the implementation of patient
rights and responsibilities as required by
RSA
151:20;
(5) The licensee's evacuation floor plan
identifying the location of, and access to all fire exits, except that mobile
NEWCC vehicles shall be exempt from this requirement; and
(6) A copy of the licensee's complaint
procedure, including a statement that complaints may be submitted, in writing,
to the Department of Health and Human Services, Health Facilities
Administration, 129 Pleasant Street, Concord, NH 03301 or by calling
1-800-852-3345;
(q) The
licensee shall admit and allow any department representative to inspect the
premises and all programs and services that are being provided by the licensee
at any time for the purpose of determining compliance with RSA 151 and He-P 806
as authorized by
RSA
151:6 and
RSA
151:6-a.
(r) A licensee shall, upon request, provide a
patient or the patient's guardian, agent, or surrogate decision-maker if any,
with a copy of his or her patient record pursuant to the provisions of
RSA
151:21, X.
(s) All records required for licensing shall
be legible, current, accurate and available to the department during an
inspection or investigation conducted in accordance with
RSA
151:6 and
RSA
151:6-a.
(t) Any licensee that maintains electronic
records shall develop written policies and procedures designed to protect the
privacy of patients and personnel that, at a minimum, include:
(1) Procedures for backing up files to
prevent loss of data;
(2)
Safeguards for maintaining the confidentiality of information pertaining to
patients and staff; and
(3) Systems
to prevent tampering with information pertaining to patients and
staff.
(u) The licensee
shall develop policies and procedures regarding the release of information
contained in patient records.
(v)
The building or mobile vehicle that houses the NEWCC shall comply with all
state and local:
(1) Health
requirements;
(2) Building
ordinances;
(3) Fire ordinances;
and
(4) Zoning
ordinances.
(w) Smoking
shall be prohibited in the facility as required by
RSA 155:66, I(b)
.
(x) For reportable incidents, licensees shall
have responsibility for:
(1) Completing an
investigation to determine if abuse or neglect could have been a contributing
factor to the incident;
(2) Faxing
to 271-4968 or, if a fax machine is not available, submit via regular mail,
postmarked within 48 hours of the incident together with a telephone call to
the department reporting the incident and notifying the department of the
mailed report, the following information to the department within 48 hours of a
reportable incident:
a. The NEWCC
name;
b. A description of the
incident, including identification of injuries, if applicable;
c. The name of the licensee(s) or personnel
involved in, witnessing, or responding to the reportable incident;
d. The name of client(s) involved in or
witnessing the reportable incident;
e. The date and time of the reportable
incident;
f. The action taken in
direct response to the reportable incident, including any follow-up;
g. If medical intervention was required, by
whom, and the date and time;
h.
When the client's guardian, agent, surrogate decision-maker or personal
representative, if any, was notified;
i. The signature of the person reporting the
reportable incident; and
j. The
date and time the client's licensed practitioner was notified, if applicable;
and
k. The date the facility
performed the investigation required by (1) above;
(3) As soon as practicable, notifying the
local police department, the department, and the guardian, agent, surrogate
decision-maker, or personal representative, if any, when a client has an
unexplained absence and the licensee has searched the building and the grounds
of the NEWCC without finding the client and it has been determined by the
facility that the client is a danger to themselves or others; and
(4) If abuse or neglect is suspected,
notifying the department with a written report within 5 days describing the
actions taken by personnel, the final outcome or continuation of the reportable
incident, and actions taken to prevent a reoccurrence if it was not submitted
in the initial report.
(y) The licensee shall maintain a log in each
mobile vehicle to document that all on-board water is from a verifiable potable
source.
#2349, eff 4-28-83; ss by #3193, eff 1-28-86; ss by
#5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92
New. #5512, eff 11-25-92; ss by
#6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #9655, eff
2-13-10
