Current through Register No. 40, October 3, 2024
(a) For all
applicants for employment, except, pursuant to
RSA
151:2-d, VI, 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;
and
(2) Review the results of the
criminal records check in accordance with (b) below and verify the
qualifications of all applicants prior to employment.
(b) 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 in
this or any other state;
(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 clients.
(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 clients.
(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 or any administrative
agency in this or any other state 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-E 720, and the NH board of
nursing's nursing assistant registry maintained pursuant
RSA
326-B:26 and
42 C.F.R. section
483.156.
(f) If the information identified in (b)
above regarding any employee is learned after the person begins employment, the
licensee or administrator shall submit the information to the department
immediately upon discovery.
(g) All
personnel shall:
(1) Be at least 18 years of
age if working as direct care personnel;
(2) Meet the educational and physical
qualifications for their position, as listed in the job description in (n) (5)
below;
(3) Be licensed, registered,
or certified if required by state statute;
(4) Receive an orientation within the first 3
days of work, including:
a. The birthing
center's policy on client rights and responsibilities and complaints in
accordance with RSA
151:20;
b. The duties and responsibilities of the
position;
c. The birthing center's
policies, procedures, and guidelines;
d. The birthing center's infection control
program;
e. The birthing center's
fire, evacuation, and emergency plans outlining the responsibilities of
personnel in an emergency; and
f.
Mandatory reporting requirements such as those found in
RSA
161-F:46 or RSA 169-C: 29;
(h) Prior to having
contact with clients or food, personnel shall:
(1) Submit to the birthing center the results
of a physical examination or health screening and r esults of a 2-step
tuberculosis (TB) test, Mantoux method or other method approved by the Centers
for Disease Control (CDC), conducted not more than 12 months prior to
employment;
(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; and
(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.
(i) All
personnel shall complete annual in-service education, including a review of the
birthing center's:
(1) Policies and procedures
relative to patient's rights;
(2)
Infection control program;
(3)
Education program on fire, evacuation, and emergency procedures; and
(4) The mandatory reporting requirements
including RSA
161-F:46 and
RSA
169-C:29.
(j) All professional direct care personnel
shall have current certificates in:
(1) Adult
cardio pulmonary resuscitation (CPR) equivalent to basic life support from
either the American Red Cross or the American Heart Association; and
(2) Neonatal CPR equivalent to the American
Heart Association and American Academy of Pediatrics' " 2005 American Heart
Association (AHA) Guidelines for Cardiopulmonary Resuscitation (CPR) and
Emergency Cardiovascular Care (ECC) of Pediatric and Neonatal Patients:
Neonatal Resuscitation Guidelines," available as noted in Appendix A
.
(k) All direct care
personnel shall be familiar with the location, operation, and use of all
equipment in the birthing center.
(l) All birthing centers using the service of
independent clinical contractors who have direct contact with clients shall:
(1) Provide each clinical contractor with an
orientation as specified in (g) (4) above;
(2) Maintain copies on file of a physical
examination or health screening and 2-step tuberculosis testing, Mantoux
method, that were conducted not more than 12 months prior to employment for
each clinical contractor;
(3)
Maintain a copy of the clinical contractors' licenses as required by (g) (3)
above, if applicable; and
(4) Have
a written agreement with each clinical contractor that describes the services
that will be provided.
(m) Current and complete personnel files
shall be maintained at the birthing center for all personnel.
(n) The personnel file required by (m) above
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 the
birthing center's policy setting forth the client's rights and
responsibilities, and acknowledging training and implementation of the policy
as required by RSA
151:20;
(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) A
record of satisfactory completion of the orientation program required by (g)
(4) 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 required by (g), (i)
and (j) above;
(9) A copy of each
current New Hampshire license, registration, or certification in a health care
field, if applicable;
(10)
Documentation that the required physical examination or health screenings, TB
test results and radiology reports of chest x-rays, if required, have been
completed by the appropriate health professionals;
(11) If applicable, copies of current
certificates in:
a. Adult CPR equivalent to
basic life support from either the American Red Cross or the American Heart
Association; and
b. Neonatal CPR
equivalent to the American Heart Association and American Academy of Pediatrics
"2005 American Heart Association (AHA) Guidelines for Cardiopulmonary
Resuscitation (CPR) and Emergency Cardiovascular Care (ECC) of Pediatric and
Neonatal Patients: Neonatal Resuscitation Guidelines," available as noted in
Appendix A; and
(12) The
statement required by (o) below.
(o) 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;
(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;
or
(4) Otherwise poses a threat to
the health, safety or well-being of clients.
(p) An individual need not re-disclose any of
the matters in (o) above if the documentation is available and the department
has previously reviewed the material and determined that the individual can
continue employment.
(q) The
licensee shall maintain separate personnel records that:
(1) Contain the information required by (n)
above; and
(2) Are protected and
stored in a secure and confidential manner.
#8957, eff
7-27-07
