Current through Register No. 40, October 3, 2024
(a) The licensee
shall develop a job description for each position at the EHC containing:
(1) Duties of the position;
(2) Physical requirements of the position;
and
(3) Education and experience
requirements of the position.
(b) For all applicants for employment, and
for all volunteers and independent contractors who will have direct contact
with participants, 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, except, pursuant to
RSA
151:2-d, VI, for those
licensed by the New Hampshire board of nursing;
(2) Review the results of the criminal
records check in (1) above in accordance with (c) below; and
(3) Verify the qualifications of all
applicants prior to employment.
(c) Unless a waiver is granted in accordance
with He-P 816.10 and(d) below, the licensee shall not offer employment for any
position if the individual:
(1) Has been
convicted of any felony in this or any other state;
(2) Has been convicted for sexual assault,
other violent crime, assault, fraud, theft, abuse, neglect, or
exploitation;
(3) Has been found 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 students.
(d) The department shall grant a waiver of
(c) 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
students.
(e) If the information
identified in (c) above regarding any employee is learned after the person is
hired, the licensee shall immediately notify the department.
(f) The department shall review the
information in (c) above and notify the licensee that the individual can no
longer be employed if, after investigation, it determines that the individual
poses a threat to the health, safety, or well-being of a student.
(g) All personnel shall:
(1) Meet the educational and physical
qualifications of the position as listed in their job description;
(2) Not have been convicted of a felony,
sexual assault, other violent crime, assault, fraud, theft, 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;
(3) Be
licensed, registered, or certified as required by state statute;
(4) Receive an orientation within the first 3
days of work that includes:
a. The EHC's
policies on 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 EHC's policies, procedures, and guidelines;
d. The EHC's infection control
program;
e. The EHC's fire,
evacuation, and emergency plans which outline the responsibilities of personnel
in an emergency; and
f. Mandatory
reporting requirements such as those found in
RSA
169-C:29; and
(5) Complete mandatory annual in-service
education, which includes a review of the EHC's:
a. Polices and procedures on student rights
and responsibilities;
b. Infection
control program;
c. Education
program on fire and emergency procedures; and
d. Mandatory reporting requirements such as
those found in RSA
161-F:42-57 and
RSA
169-C:29.
(h) All direct care staff shall have current
certifications in adult cardio pulmonary resuscitation (CPR) equivalent to
basic life support from either the American Red Cross or the American Heart
Association.
(i) Prior to having
contact with students, 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 practitioner and the
results of a 2-step tuberculosis (TB) test, Mantoux method, or other method
approved by the United States Centers for Disease Control and Prevention,
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 United States 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.
(j) Personnel, volunteers. or independent
contractors hired by the licensee who will have direct contact with students
who have a history of TB or a positive skin test shall have a symptomatology
screen of a TB test.
(k) All
licensees using the services of independent clinical contractors at the EHC,
such as psychologists, shall ensure that these personnel have:
(1) Been oriented in accordance with (g) (4)
above;
(2) Submitted results of
tuberculosis testing, either Mantoux method or blood assay, conducted not more
than 12 months prior to employment;
(3) Provided a copy of any license required
by law; and
(4) A written agreement
that describes the services that will be provided.
(l) All personnel shall follow the orders of
the licensed practitioner for each student and shall encourage students to
follow the practitioner's orders.
(m) Current, separate, and complete personnel
files shall be maintained and stored in a secure and confidential manner at the
EHC or the administrative office for all EHC personnel and independent clinical
contractors.
(n) The personnel file
required by (m) above shall include the following:
(1) A completed application for employment or
a resume, including:
a. Identification data,
including date of birth; and
b. The
education and work experience of the employee;
(2) A signed statement acknowledging the
receipt of the EHC's policy setting forth the student'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)
Record of satisfactory completion of the orientation program required by (g)
(4) above and any required annual continuing education, if any;
(5) A copy of each current New Hampshire
license, registration, or certification in health care field, 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) Copies of current CPR
certifications;
(8) Documentation
of annual in-service education as required by (g) (5) above;
(9) Information as to the general content and
length of all continuing education or educational programs attended;
(10) For unlicensed personnel 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) A statement that shall be signed at the
time the initial offer of employment is made and then annually thereafter by
all personnel stating that they:
a. Do not
have a felony conviction in this or any other state;
b. Have 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
student; and
c. Have 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;
and
(12) Documentation
of the criminal records check.
(o) An individual need not re-disclose any of
the matters in (n) (11) and (12) above if the documentation is available and
the department has previously reviewed the material and determined that the
individual can continue employment.
(p) Personnel shall not be impaired while on
the job by any substances including, but not limited to, legally prescribed
medication, therapeutic cannabis, or alcohol.
#9193, eff 6-26-08; ss by #9565, eff
10-16-09
