Current through Register No. 40, October 3, 2024
(a) The licensee
shall develop a job description for each position in the ADP containing:
(1) Duties of the position;
(2) Physical requirements of the position;
and
(3) Education and experience
requirements of the position.
(b) All applicants for a license shall obtain
a criminal record check from the New Hampshire department of safety in
accordance with RSA
151:2-d.
(c) For all applicants for employment,
except, pursuant to RSA 151:2-d,
VI, those licensed by the New Hampshire board
of nursing, for all volunteers and independent contractors who will have direct
contact with participants, and for all household members, the licensee shall:
(1) Obtain and review a criminal records
check from the New Hampshire department of safety;
(2) Review the results of the criminal
records check in accordance with (d) below; and
(3) Verify the qualifications of all
applicants prior to employment.
(d) Unless a waiver is granted in accordance
with (e) below, the licensee shall not offer employment for any position or
allow a household member to continue to reside in the ADP 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 participants.
(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 threat to the health, safety, or well-being of
participants.
(f) If the
information identified in (d) above is learned after the person is hired or
after an individual becomes a household member, the licensee shall immediately
notify the department.
(g) The
department shall review the information in (d) above and notify the licensee
that the individual can no longer be employed or, if a household member, can no
longer reside at the premises if, after investigation, it determines that the
individual poses a threat to the health, safety, or well-being of a
participant.
(h) The licensee shall
check the names of the following people against the bureau of elderly and adult
services (BEAS) state registry, maintained pursuant to
RSA
161-F:49 and He-W 720, and against the NH
board of nursing, nursing assistant registry, maintained pursuant
RSA
326-B:26 and
42 CFR
483.156:
(1) All household members;
(2) All volunteers and independent
contractors prior to having any direct contact with participants; and
(3) All prospective employees, prior to
hiring.
(i) The licensee
shall not permit any volunteer or independent contractor to have direct contact
with participants or make a final offer of employment to any prospective
employee 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) All
personnel including volunteers and independent contractors shall:
(1) Meet the requirements of the position as
listed in the job description described in (a) above, as applicable;
(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) Be at least 18 years of age if working as
direct care personnel unless they are:
a. A
licensed nursing assistant working under the supervision of a nurse in
accordance with Nur 700; or
b.
Involved in an established educational program working under the supervision of
a nurse; and
(5) Receive
an orientation within the first 3 days of work including:
a. The ADP's policies on participant 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 ADP's policies, procedures, and guidelines;
d. The ADP's infection control
program;
e. The ADP's fire and
emergency plans; and
f. Mandatory
reporting requirements such as those found in
RSA
161-F:42-57 and
RSA
169-C:29.
(k) All personnel shall complete annual
continuing education, including a review of the ADP's:
(1) Policies and procedures relative to
participant rights and complaint procedures as required by
RSA
151:20;
(2) Infection control program;
(3) Education program on fire and emergency
procedures; and
(4) Mandatory
reporting requirements such as those found in
RSA
161-F:42-57 and
RSA
169-C:29.
(l) There shall be at least one personnel
member on duty who has current certification in adult cardio pulmonary
resuscitation (CPR) equivalent to basic life support from either the American
Red Cross or the American Heart Association whenever the ADP is in
operation.
(m) Prior to having
contact with participants or food, personnel, including volunteers and
independent contractors, shall:
(1) Submit to
the licensee the results of a physical examination or a health screening and
the results of a 2-step tuberculosis (TB) test, Mantoux method, or other method
approved by the Centers for Disease Control, 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
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.
(n) In
lieu of (m) (1) above, independent contractors hired by the ADP may provide the
ADP with a signed statement that they have complied with (m) (1) and (3) above
for their employees working at the ADP.
(o) All licensees using the services of
independent clinical contractors, such as a podiatrist, shall:
(1) Have a written agreement with each
clinical contractor that describes the services that will be provided;
and
(2) Maintain a copy of the
clinical contractors' licenses as required by (j) (3) above if
applicable.
(p) All
personnel shall follow the orders of the licensed practitioner for each
participant and encourage participants to follow the practitioner's
orders.
(q) Current, separate, and
complete personnel files shall be maintained and stored in a secure and
confidential manner at the licensed ADP premises for all personnel of the
ADP.
(r) The personnel file
required by (q) 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 ADP's policy setting forth the participant 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 (j)
(5) above;
(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) Information as
to the general content and length of all continuing education or educational
programs attended;
(9)
Documentation of annual continuing education as required by (k)
above;
(10) 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;
c.
Have not 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; and
d. Do not otherwise
pose a threat to the health, safety or well-being of participants;
and
(11) Documentation
of the criminal records check.
(s) An individual need not re-disclose any of
the matters in (r) (10) above if the documentation is available and the
department has previously reviewed the material and determined that the
individual can continue employment.
(t) Personnel shall not be impaired while on
the job by any substances including, but not limited to, legally prescribed
medication, therapeutic cannabis, or alcohol.
#9106, eff 3-18-08; ss by #9565, eff
10-16-09
