Current through Register No. 40, October 3, 2024
(a) Each NEWCC
shall be staffed with at least one licensed practitioner on site during the
full hours of operation.
(b) The
licensee shall ensure that sufficient numbers of qualified personnel are
present in the facility to meet the needs of the patients at all
times.
(c) The licensee shall
develop a job description for each position in the NEWCC containing:
(1) Position title;
(2) Duties of the position;
(3) Physical requirements of the position;
and
(4) Qualifications and
educational requirements of the position.
(d) For all applicants for employment, for
all volunteers, for all independent contractors who will provide direct care or
personal care services to clients or who will be unaccompanied by an employee
while performing non-direct care or non-personal care services within the
facility, the licensee shall:
(1) Obtain and
review a criminal records check from the New Hampshire department of safety in
accordance with
RSA
151:2-d;
(2) Review the results of the criminal
records check in He-P 806.16(1) in accordance with He-P 806.16(e);
(3) Verify the qualifications of all
applicants prior to employment; and
(4) Verify that the applicant is not listed
on the BEAS registry maintained by the department's bureau of elderly and adult
services.
(e) Unless a
waiver is granted in accordance with
He-P 806.10 and He-P
806.16(f), the licensee shall not offer employment, contract with, or engage a
person in He-P 806.16(d) if the person:
(1)
Has been convicted of any 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 He-P
806.16(e) regarding any person in He-P 806.16(d) 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 He-P 806.16(d)
.
(g) If a waiver of
He-P 806.16(d) above is requested, the department shall review the information
and the underlying circumstances in He-P 806.16(d) and shall either:
(1) Notify the licensee that the person
cannot or can no longer be employed, contracted with, or engaged by the
licensee if, after investigation, it determines that the person poses a threat
to the health, safety, or well-being of a patient; or
(2) Grant a waiver of He-P 806.16(d) 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 check the
names of the persons in He-P 806.16(d) against the bureau of elderly and adult
services (BEAS) state registry, maintained pursuant to
RSA 161-F:49 and He-W
720, the NH board of nursing, nursing assistant registry, maintained pursuant
RSA
326-B:26 and
42 CFR
483.156, and the medical technician registry,
maintained pursuant to RSA 328-I prior to employing, contracting with, or
engaging them.
(i) The licensee
shall:
(1) Not employ, contract with, or
engage any person in He-P 806.16(d) who is listed on the BEAS state registry
unless a waiver is granted by BEAS; and
(2) Only employ, contract with, or engage
board of nursing licensees who are listed on the nursing assistant registry or
licensing site with the NH board of nursing or are licensed with a reciprocal
multi-compact state.
(j)
In lieu of He-P 806.16(d) and (h), 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 He-P 806.16(d) and (h) and do not meet the
criteria in He-P 806.16(ed) and (h) .
(k) Prior to having contact with patients or
food, personnel shall:
(1) Receive a tour of
the NEWCC;
(2) Receive a copy of
the job description for his or her position at the NEWCC containing:
a. Position title;
b. Duties of the position;
c. Physical requirements of the position;
and
d. Education and experience
requirements of the position;
(3) Meet the educational qualifications of
the position as listed on their job description;
(4) Be licensed, registered, or certified as
required by state statute;
(5)
Receive an orientation within the first 3 days of work or prior to the
assumption of duties that includes:
a. The
NEWCC's policy on patient rights and responsibilities and complaint procedures
as required by
RSA
151:20;
b. The duties and responsibilities of the
position they were hired for;
c.
The NEWCC's policies, procedures and guidelines;
d. The NEWCC's infection control program
policies and procedures;
e. The
NEWCC's fire, evacuation, and emergency plans which outline the
responsibilities and educational requirements of personnel in an emergency;
and
f. The mandatory reporting
requirements such as
RSA
161-F:46-48 and
RSA
169-C:29-31;
(6) Complete mandatory annual in-service
education, which includes a review of the NEWCC's:
a. Polices and procedures on patient rights
and responsibilities, and complaints;
b. Infection control program;
c. Education program on fire and emergency
procedures; and
d. Mandatory
reporting requirements such as
RSA
161-F:46-48 and
RSA
169-C:29-31;
(7) Be at least 18 years of age unless they
are:
a. A licensed nursing assistant working
under the supervision of a registered nurse in accordance with Nur 700;
or
b. Part of an established
educational program working under the supervision of a registered
nurse;
(8) Prior to
contact with patients, submit to the NEWCC the results of a physical
examination or pre-employment health screening performed by a licensed nurse or
a licensed practitioner and 2 step tuberculosis testing, Mantoux method, or
other method approved by the Centers for Disease Control, conducted not more
than 12 months prior to employment;
(9) Be allowed to work while waiting for the
results of the second step of the TB test when the results of the first test
are negative for TB; and
(10)
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.
(l) Personnel who have direct contact with
patients who have a history of TB or a positive laboratory and antigen testing
shall have a symptomatology screen of a TB test.
(m) 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 patient'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.
(n) Current, separate, and complete employee
files shall be maintained and stored in a secure and confidential manner in one
location, for example, hospital human resources department or on site of
NEWCC;
(o) The licensee shall
maintain a separate employee file for each employee, which shall include the
following:
(1) A completed application for
employment or a resume;
(2) A
signed statement acknowledging the receipt of the licensee's policy setting
forth the patient's rights and responsibilities, and acknowledging training and
implementation of the policy as required by
RSA
151:20;
(3) A job description signed by the
individual that identifies the:
a. Position
title;
b. Qualifications and
experience; and
c. Duties required
by the position;
(4) A
record of satisfactory completion of the orientation program required by He-P
806.16;
(5) A copy of each current
New Hampshire license, registration, or certification in health care field and
CPR certification, if applicable;
(6) Documentation that the required physical
examination, or health screening, and TB test results or radiology reports of
chest x-rays, if required, have been completed by the appropriate health
professionals;
(7) Record of
satisfactory completion of all required education programs and demonstrated
competencies that are signed and dated by the employee;
(8) Documentation of an annual performance
review;
(9) Information as to the
general content and length of all continuing education or educational programs
attended;
(10) A statement, which
shall be signed at the time the initial offer of employment, contract, or
engagement is made and then annually thereafter, stating that he or she:
a. Does not have a felony conviction in this
or any other state;
b. Has not been
convicted of a sexual assault, other violent crime, assault, fraud, theft,
abuse, neglect, or exploitation or pose a threat to the health, safety, or
well-being of a patient in this or any other state; and
c. Has not 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 in this or any other
state;
(11)
Documentation of the criminal records check; and
(12) The results of the registry checks in
He-P 806.16(g) .
(p) The
licensee shall maintain the records, but not necessarily a separate file, for
all volunteers and for all independent contractors who provide direct care or
personal care services to patients or who will be unaccompanied by an employee
while performing non-direct care or non-personal care services within the
facility, as follows:
(1) For volunteers, the
information in He-P 806.16(n) (1), (2), (4), (6), (7), (10), (11), and(12);
and
(2) For independent
contractors, the information in He-P 806.16(n) (2), (4), (6) , (7), (10), (11),
and (12), except that the letter in He-P 806.16(i) and (j) (7) may be
substituted for (n) (6), (11), and (12), if applicable.
(q) An individual need not re-disclose any of
the matters in He-P 806.16(e) if the documentation is available and the
department has previously reviewed the material and granted a waiver so that
the individual can continue employment.
(r) Personnel shall not be impaired while on
the job by any substances including, but not limited to, legally prescribed
medication, therapeutic cannabis, or alcohol.
#9655, eff
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