New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 800 - RESIDENTIAL CARE AND HEALTH FACILITY RULES
Part He-P 814 - COMMUNITY RESIDENCES AT THE RESIDENTIAL CARE AND SUPPORTED RESIDENTIAL CARE LEVEL
Section He-P 814.18 - Personnel

Universal Citation: NH Admin Rules He-P 814.18

Current through Register No. 12, March 21, 2024

(a) CRs operating under He-M 1001 shall provide personnel in accordance with He-M 506 staff qualifications and staff development requirements for developmental services agencies.

(b) Prior to delivering services to an individual, personnel in all CRs shall have received training in the following areas:

(1) Rights as set forth in He-M 309 or He-M 310;

(2) The specific health-related requirements of each individual, including:
a. All current medical conditions, medical history, and routine and emergency protocols; and

b. Any special nutrition, dietary, hydration, elimination, or ambulation needs;

(3) Any specific communication needs of individuals served;

(4) Any behavioral supports required of individuals served; and

(5) Any assistance individuals need to evacuate the residence in the case of emergency.

(c) Documentation of the training in (b) above shall be maintained in personnel records.

(d) Unless a waiver is granted in accordance with (e) below, the licensee shall not offer employment, allow to be a volunteer, contract with an independent contractor who will provide direct care or personal care services to individuals or who will be unaccompanied by an employee while performing non-direct care or non-personal care services within the facility, or allow a household member to continue to reside in the residence if the person:

(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 had a finding by the department or any administrative agency in this or any other state to have committed assault, fraud, theft, abuse, neglect, or exploitation of any person; or

(4) Otherwise poses a threat to the health, safety, or well-being of individuals.

(e) The department shall grant a waiver of (d) above if, after reviewing the underlying circumstances, it determines that the person does not pose a current threat to the health, safety, or well-being of individuals.

(f) If the information identified in (d) above regarding any person in (d) above is learned after the person is hired, contracted with, or engaged, or after the person becomes a household member, the licensee shall immediately notify the department and either:

(1) Cease employing, contracting with, or engaging the person, or not permit the household member to continue to reside in the residence; or

(2) Request a wiaver of (d) above.

(g) If a waiver of (d) above is requested, the department shall review the information and the underlying circumstances in (d) 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, or the person cannot or can no longer reside in the residence if, after investigation, it determines that the person poses a threat to the health, safety, or well-being of an individual; or

(2) Grant a waiver of (d) above if, after investigation, it determines that the person does not pose a current threat to the health, safety, or well-being of an individual.

(h) The licensee shall check the names of the persons in (d) above against the bureau of elderly and adult services (BEAS) state registry, maintained pursuant to RSA 161-F:49 and He-E 720, and, if appropriate, the NH board of nursing registry maintained pursuant RSA 326-B:26 and 42 CFR 483.156, prior to employing, contracting with, or engaging them, or prior to allowing or continuting to allow a household member to reside at the residence.

(i) The licensee shall not employ, contract with, engage, or allow to reside in the residence any person in (d) above who is listed on the BEAS state registry or the NH board of nursing, nursing assistant registry, unless a waiver is granted by BEAS or the NH board of nursing, respectively.

(j) In lieu of (h) above, the licensee may accept from independent agencies contracted by the licensee or by an individual to provide direct care or personal care services a signed statement that the agency's employees have complied with (h) above and do not meet the criteria in (d) and (i) above.

(k) All personnel shall sign a statement at the time the initial offer of employment, contract, or engagement 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, theft, fraud, abuse, neglect, or exploitation or pose a threat to the health, safety, or well-being of a resident; and

(3) Have not had a finding upheld by the department or any administrative agency in this or any other state for assault, fraud, theft, abuse, neglect, or exploitation of any person.

(l) All administrators appointed after the 2017 effective date of these rules 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 experience working in a health care facility;

(2) A New Hampshire license as an RN and at least 6 months of experience working in a health care facility;

(3) An associate's degree from an accredited institution and at least 2 years of experience working in a health care facility; or

(4) A New Hampshire license as an LPN and at least one year of experience working in a health care facility.

(m) All administrators shall obtain and document 12 hours of continuing education related to the operation and services of the CR each annual licensing period.

(n) The licensee shall document evidence of immunization against influenza and pneumococcal disease for all consenting employees and shall provide to its consenting employees annual immunizations against influenza, to include:

(1) That immunizations shall be provided and reported in accordance with RSA 151:9-b, I-V and as required by He-P 309.02 and He-P 309.08; and

(2) The facility shall have a plan that identifies and documents, with dates, all individuals and employees that have received or declined to receive immunizations.

(o) Employees shall not be impaired while on the job by any substances including, but not limited to, legally prescribed medication, therapeutic cannabis, or alcohol.

(p) The CR shall have a written policy, as described in RSA 151:41, establishing procedures for the prevention, detection, and resolution of controlled substance abuse, misuse, and diversion, which shall apply to all personnel, and which shall be the responsibility of a designated employee or interdisciplinary team.

(q) The policy in (p) above shall include:

(1) Education;

(2) Procedures for monitoring the distribution and storage of controlled substances;

(3) Voluntary self-referral by employees who are addicted;

(4) Co-worker reporting procedures;

(5) Drug testing procedures to include at a minimum, testing where reasonable suspicion exists;

(6) Employee assistance procedures;

(7) Confidentiality;

(8) Investigation, reporting, and resolution of controlled drug misuse or diversion; and

(9) The consequences for violation of the controlled substance abuse, misuse, and diversion prevention policy.

#9288, eff 10-3-08

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