Current through Register No. 40, October 3, 2024
(a) The licensee
shall develop a job description for each position at the ESRDDC containing:
(1) Position title;
(2) Duties of the position;
(3) Physical requirements of the position;
and
(4) Qualifications and
education requirements of the position.
(b) For all applicants considered 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 ESRDDC, 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 accordance with (c) below;
(3) Verify that the person is not listed on
the BEAS state registry maintained by the department's bureau of elderly and
adult services in accordance with
RSA 161-F:49;
(4) Verify that the applicant meets the
educational and physical qualifications of the position; and
(5) Verify that the applicant is licensed,
registered, or certified if required by state statute.
(c) Unless a waiver is granted in accordance
with (c) below, the licensee shall not offer employment, contract with, or
engage a person in (d) above if the person:
(1) Has been convicted of a felony in this or
any other state;
(2) Has been
convicted for sexual assault, other violent crime, assault, fraud, theft,
abuse, 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 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 the clients.
(d) If the information identified in (c)
above regarding any employee is learned after the person is hired, the licensee
shall immediately notify the department and either:
(1) Cease employing, contracting with, or
engaging the person; or
(2) Request
a waiver of (d) above.
(e) If a waiver of (b) above is requested,
the department shall review the information and the underlying circumstances in
(b) above 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 client;
or
(2) Grant a waiver of (b) above
if, after investigation, it determines that the person does not pose a current
threat to the health, safety, or well-being of a client(s) .
(f) The waiver in (e) (2) above
shall be permanent for as long as the individual remains in the same job unless
additional convictions or findings under (c) above occur.
(g) 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 licensed clinical
supervisor.
(h) The
licensee shall inform personnel of the line of authority at the
ESRDDC.
(i) Prior to having contact
with clients, all personnel shall:
(1) Submit
to the licensee the results of a physical examination or a health screening
performed by a licensed nurse or a licensed practioner and the results of a
2-step tuberculosis (TB) test, Mantoux method, or other method approved by the
Centers for Disease Control, both conducted not more than 12 months prior to
employment, contracting or engagement;
(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 "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.
(j) In
lieu of (o) (1) below, independent agencies contracted by the facility or by an
individual client to provide direct care or personal care services shall
provide the licensee with a signed statement that its employees have complied
with (o) (1) and (3) below before working at the ESRDDC.
(k) Prior to having contact with clients, all
personnel shall receive a tour of the ESRDDC and have an orientation that
explains the following:
(1) The clients'
rights in accordance with
RSA
151:20;
(2) The ESRDDC'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
811.21;
(7) The licensee's confidentiality
requirements;
(8) The grievance
procedures for staff and clients; and
(9) The mandatory reporting requirements
including
RSA
161-F:46 and
RSA
169-C:29.
(l) 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 client rights and complaint procedures required under RSA
151;
(2) The licensee's infection
control program;
(3) The
licensee's written emergency plan;
(4) The licensee's policies and procedures;
and
(5) The mandatory reporting
requirements including
RSA
161-F:46 and
RSA
169-C:29.
(m) All licensees using the service of
independent clinical contractors who have direct contact with clients shall
ensure that these personnel have:
(1) Been
oriented in accordance with (k) above;
(2) Submitted results of a physical
examination or health screening and 2 step tuberculosis testing, mantoux
method, conducted not more than 12 months prior to employment;
(3) Provided a copy of any license,
registration, or certification as required by (a) (5) above; and
(4) Have a written agreement with the
licensee that describes the services that will be provided and agrees to comply
with (1) through (3) above.
(n) Current and complete personnel files
shall be maintained and available to the department for inspection.
(o) The personnel file required by (n) 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 and
received training on the implementation of the of the licensee's policy setting
forth the client rights and responsibilities as required by
RSA
151:20;
(4) A copy of the results of the criminal
record check required by (b) (1) 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 (k)
above;
(7) A copy of each current
New Hampshire license, registration, or certification in health care field, if
applicable;
(8) 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;
(9) Documentation of annual in-service
education as required by (l) above;
(10) For patient care technicians that have
been delegated the task of medication administration, the written evaluation by
the delegating registered nurse that was used to determine the personnel member
is competent to administer medications;
(11) Results of the registry checks required
in (b) above;
(12) A signed
statement from the employee required by (o) below; and
(13) Documentation to verify compliance with
(r), (s) and (t) below, as applicable.
(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
or pose a threat to the health, safety, or well-being of a client; and
(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.
(p) For individuals with the waiver described
in (e) above, the statement required by (o) above shall cover the period of
time since the waiver was granted.
(q) An individual shall not be required to
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.
(r) The license shall ensure that all direct
care personnel have current certification in:
(1) Basic life support (BLS);
(2) Cardio pulmonary resuscitation (CPR);
and
(3) Automatic electronic
defibrillator (AED) .
(s) The licensee shall ensure that all
personnel are familiar with the location of the equipment required by
He-P 811.22(k)
.
(t) The licensee shall ensure that all
personnel, in accordance with their practice act, are familiar with the
operation and use of the equipment required by
He-P 811.22(k)
.
#9963, eff
7-28-11
