Current through Register No. 40, October 3, 2024
(a) The licensee
shall comply with all relevant federal, state, and local laws, rules, codes,
and ordinances as applicable.
(b)
The licensee shall have a written policy and procedure setting forth the rights
and responsibilities of clients receiving services at the facility in
accordance with RSA
151:20.
(c) The licensee shall define, in writing,
the scope and type of services to be provided at the collection station or
mobile collection station van.
(d)
The licensee shall not falsify or omit any information contained in:
(1) The "Application for Residential or
Health Care License," or any other documents required for the licensing of a
collection station; or
(2) The
records maintained for the clients and personnel of the collection
station.
(e) The
licensee shall have responsibility and authority for:
(1) Managing, controlling and operating the
collection station;
(2) Developing
and implementing written policies and procedures governing all of the
operations and services provided, and for reviewing said policies and
procedures annually and revising them as needed;
(3) Initiating action to maintain the
collection station in full compliance at all times with all relevant health and
safety requirements contained in applicable federal, state, and local laws,
rules, regulations, and ordinances;
(4) Establishing, in writing, a chain of
command that sets forth the line of authority for the operational
responsibilities of the collection station;
(5) Appointing an administrator who shall be
responsible for the day-to day operations of the collection station;
(6) Providing sufficient numbers of personnel
who are present in the collection station and are qualified to perform the
services stated in the collection station's scope of services;
(7) Providing sufficient supplies, equipment,
and lighting to ensure all services are provided in a safe and timely
manner;
(8) Reporting all positive
tuberculosis test (TB) results for personnel to the department's TB program in
accordance with RSA
141-C:7,
He-P
301.02 and 301.03; and
(9) Implementing any POC that has been
accepted or issued by the department.
(f) The licensee shall ensure that all
specimen collection and storage requirements are met and only provide
phlebotomy collection services:
(1) At their
licensed premises, including in a licensed mobile collection station van under
the oversight of the collection station;
(2) At a client's place of residence;
and
(3) At a senior center, adult
day care center, or an outpatient mental health facility provided that
collection occurs no more than one day per week at this location.
(g) The licensee shall post the
following documents in an area of the licensed premises that is conspicuous and
open to clients and the general public:
(1)
The current license issued in accordance with
RSA
151:2;
(2) All inspection and investigation reports
issued in accordance with
He-P
817.09(c) and
He-P
817.11(d) (2) a. for the previous 12
months;
(3) Any notice of pending
hearing or order as required by
RSA
151:29, II, pertaining to the licensee issued
by the department, or a court during the previous 24 months;
(4) A copy of the patients' bill of rights
specified by RSA
151:21 or
RSA
151:21-b;
(5) A notice as required by
RSA
151:29 stating complaints may be submitted
to:
Department of Health and Human Services
Health Facilities Administration
129 Pleasant Street
Concord, NH 03301
(6) The licensee's evacuation floor plan
identifying the location of, and access to, all fire exits, except that mobile
collection station vans shall be exempt from this requirement.
(h) The licensee shall ensure that
all personnel read and comply with the patients' bill of rights as set forth in
RSA
151:21.
(i) The licensee shall admit and allow any
department representative to inspect the licensed premises and all programs and
services of any licensee that is providing collection station services at any
time for the purpose of determining compliance with RSA 151 and He-P 817 as
authorized by RSA
151:6 and
RSA
151:6-a.
(j) All records required for licensing shall
be:
(1) Available to the department during
any inspection or investigation conducted in accordance with
RSA
151:6 and
RSA
151:6-a; and
(2) Legible, current, and accurate.
(k) For reportable incidents, the
licensee shall:
(1) Convey by electronic or
regular mail the following information to the department within 48 hours of a
reportable incident as defined in
He-P
817.03(z) :
a. The collection station name;
b. A description of the incident, including
identification of injuries, if applicable;
c. The name of the licensee(s) or personnel
involved in, witnessing, or responding to the reportable incident;
d. The name of client(s) involved in the
reportable incident;
e. The date
and time of the reportable incident;
f. The action taken in direct response to the
reportable incident; and
g. If
medical intervention was required, by whom and the date and time; and
(2) Notify the department with a
written report within 5 days describing the actions taken by personnel, the
final outcome or continuation of the reportable incident, and actions taken to
prevent a reoccurrence if these were not submitted in the initial
report.
(l) Any licensee
maintaining electronic records shall develop a system with written policies and
procedures to protect the privacy of clients and staff that, at a minimum,
include:
(1) Procedures for backing up files
to prevent deletion;
(2) Safeguards
to ensure the confidentiality of the information on clients and staff;
and
(3) Systems to prevent the
tampering of information on clients and staff.
(m) The licensee shall provide a client or
their legal representative with a copy of his or her client record, pursuant to
the provisions of RSA 151:21, X, upon
request.
(n) The licensee shall
develop written policies and procedures that will ensure that only the client
and the ordering licensed practitioner are allowed to receive a copy of the
laboratory tests results unless the collection station has written consent from
the client to release the test results to others.
(o) Mobile collection station vans shall
maintain a log on-site documenting that all on-board water used for drinking
and washing was obtained from a verifiable potable source.
#5775, eff 1-24-94, EXPIRED: 1-24-00
New. #8410 eff 8-19-05; ss by
#8853, eff 3-24-07
