Current through Register No. 40, October 3, 2024
(a) The licensee
shall develop a job description for each position at the ICF/IID containing:
(1) Duties of the position;
(2) Physical requirements of the position;
and
(3) Education and experience
requirements of the position.
(b) All direct care personnel shall be at
least 18 years of age unless they are:
(1) A
student in a New Hampshire board of nursing approved nursing or nursing
assistant program;
(2) A nursing
assistant working under the supervision of a nurse in accordance with Nur 700;
or
(3) Part of an established
educational program working under the supervision of a nurse.
(c) For all applicants for
employment, for all volunteers, or for all independent contractors who will
provide direct care or personal care services to residents, the licensee shall:
(1) Obtain and review a criminal records
check in accordance with
RSA
151:2-d;
(2) Verify the qualifications and licenses,
as applicable, of all applicants prior to employment;
(3) If residents are adults the licensee
shall check the names of the persons in (c) above against the bureau of elderly
and adult services (BEAS) state registry, maintained pursuant to
RSA
161-F:49; and
(4) If residents are minors, the licensee
shall check the names of the persons in (c) above against the DCYF central
registry check of founded reports of abuse and neglect.
(d) Unless a waiver is granted in accordance
with He-P 815.10 and (f) below, the licensee shall not make a final offer of
employment for any position if the individual:
(1) Has been convicted of any felony in this
or any other known state;
(2) Has
been convicted for sexual assault, other violent crime, assault, fraud, abuse,
theft, neglect, or exploitation;
(3) Has had a finding by the department or
any administrative agency in this or any other known state for assault, fraud,
theft, abuse, neglect, or exploitation or any person; or
(4) Otherwise poses a threat to the health,
safety, or well-being of residents.
(e) If the information identified in (d)
above regarding any person in (c) above 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 (d) above.
(f) 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
(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 a
resident(s).
(g) If
residents are adults, the licensee shall not employ, contract with, or engage,
any person who is listed on the BEAS state registry unless a waiver is granted
by BEAS.
(h) If residents are
minors, the licensee shall not employ, contract with, or engage, any person who
is listed on the DCYF central registry of founded reports of abuse and
neglect.
(i) In lieu of (c), (g),
and (h), if applicable, above, the licensee may accept from independent
agencies contracted by the licensee or by a resident to provide direct care or
personal care services a signed statement that the agency's employees have
complied with (c), (g), and (h), if applicable, above and do not meet the
criteria in (d) above.
(j) All
employees shall:
(1) Meet the educational and
physical qualifications of the position as listed in their job
description;
(2) Not be permitted
to maintain their employment if they have 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 had a complaint
investigation for abuse, neglect, or exploitation adjudicated and founded by
the department unless a waiver has been granted by the department;
(3) Be licensed, registered, or certified as
required by state statute and as applicable;
(4) Receive an orientation within the first 3
days of work prior to the assumption of duties that includes:
a. The ICF/IID's policies on resident rights
and responsibilities and complaint procedures as required by
RSA
151:20;
b. The duties and responsibilities, policies,
procedures, and guidelines of the position they were hired for;
c. The ICF/IID's infection control
program;
d. The ICF/IID's fire,
evacuation, and emergency plans which outline the responsibilities of personnel
in an emergency; and
e. Mandatory
reporting requirements for abuse or neglect such as those found in RSA 161-F
and RSA
169-C:29; and
(5) Complete a mandatory annual in-service
education, which includes a review of the ICF/IID's:
a. Policies and procedures on resident rights
and responsibilities and abuse or neglect;
b. Infection control;
c. Education program on fire and emergency
procedures; and
d. Mandatory
reporting requirements.
(k) Prior to having contact with residents,
employees shall:
(1) Submit to the licensee
the results of a physical examination or a health screening performed by a
licensed nurse or a licensed practitioner and the results of a 2-step
tuberculosis (TB) test, Mantoux method or other method approved by the 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;
(3) Comply
with the requirements of the CDC "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 Mycobacterium tuberculosis
through shared air space with persons with infectious tuberculosis;
and
(4) Comply with all public
health guidelines with regard to the requirements for communicable infectious
disease reporting pursuant to He-P 301.
(l) All licensees using the services of
independent contractors as direct care personnel shall ensure and document that
the independent clinical contractors have:
(1)
Been oriented in accordance with (i)(4) above;
(2) Documented results of all infectious
disease testing shall comply as required by (k) (1)-(4) above;
(3) Licenses that are current and valid;
and
(4) A written agreement that
describes the services that will be provided.
(m) Current, separate, and complete employee
files shall be maintained and stored in a secure and confidential manner at the
ICF/IID.
(n) The employee file
shall include the following:
(1) A completed
application for employment or a resume, including:
a. Identification data; and
b. The education and work experience of the
employee;
(2) A signed
statement acknowledging the receipt of the ICF/IID's policy setting forth the
resident'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 employee
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 (i)(4)
above and any required annual continuing education, if any;
(5) Verification of 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) Documentation of annual in-service
education as required by (i)(5) above;
(8) A statement, which shall be signed at the
time the initial offer of employment 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, abuse, neglect or exploitation or
pose a threat to the health, safety, or well-being of a resident; and
c. Has 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;
(9) Documentation of the criminal records
check;
(10) Documentation that the
employee is not on the BEAS registry maintained by the department's bureau of
elderly and adult services per
RSA
161-F:49 if serving residents who are adult;
and
(11) Documentation that the
employee is not on the DCYF central registry of founded reports of abuse and
neglect if serving residents who are minors.
(o) An employee shall not be required to
re-disclose any of the matters in (n)(8) and (n)(9) above if the documentation
is available and the department has previously reviewed the material and
granted a waiver so that the individual can continue employment.
