Current through Register No. 40, October 3, 2024
(a) The licensee
shall develop a job description for each position in the CMA containing:
(1) Duties of the position; and
(2) Education and experience requirements of
the position.
(b) For all
applicants for employment, the licensee shall:
(1) Obtain and review a criminal records
check in accordance with
RSA
151:2-d. Results shall include criminal
history from the state of New Hampshire
(2) Verify that the potential employee is not
listed on the State Registry maintained by the department's bureau of elderly
and adult services (BEAS) per
RSA
161-F:49. The licensee shall not employ any
person who is listed on the BEAS state registry unless a waiver is granted by
BEAS.
(3) Require the employee to
submit the results of a physical examination or pre-employment health screening
performed by a licensed nurse or a licensed practitioner and 2 step
tuberculosis testing, Mantoux method, or other method approved by the Centers
for Disease Control, conducted not more than 12 months prior to
employment;
(4) Allow the employee
to work while waiting for the results of the second step of the TB test when
the results of the first test are negative for TB; and
(5) 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.
(c) Unless
a waiver is granted in accordance with (d) below, the licensee shall not offer
employment for any position if the individual:
(1) Has been convicted of a 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 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 clients.
(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
clients.
(e) Waivers granted under
(d) above shall be permanent as long as the individual is employed by the
CMA.
(f) All personnel shall:
(1) Meet the requirements of the position as
listed in the job description required by (a) above;
(2) Be licensed, registered, or certified as
required by state statute; and
(3)
Receive an orientation within the first 3 business days of work that includes:
a. The CMA's policies on client 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 CMA's policies, procedures, and guidelines;
d. The CMA's emergency plans; and
e. Mandatory reporting requirements such as
those found in RSA
161-F:42-57 and
RSA
169-C:29.
(g) Comply with all dementia training
requirements pursuant to
RSA
151:47-49, including continuing education, as
applicable.
(h) Such continuing education in (g) above
shall include new information on best practices in the treatment and care of
persons with dementia and be provided for:
(1) A minimum of 6 hours for initial
continuing education to covered administrative staff members and covered direct
service staff members; and
(2) A
minimum of 4 hours of ongoing training each calendar year.
(i) All personnel shall complete annual
continuing education, which shall include a review of the CMA's policies and
procedures relative to client rights and complaint procedures.
(j) Current, separate, and complete personnel
files shall be maintained and stored in a secure and confidential manner at the
licensed premises for all personnel of the CMA.
(k) The personnel file required by (j) above
shall include the following:
(1) A completed
application for employment or a resume;
(2) A signed statement acknowledging the
receipt of the CMA's policy setting forth the client's rights and
responsibilities, and acknowledging training and implementation of the policy
as required by RSA
151:20;
(3) Record of satisfactory completion of the
orientation program required by (f)(3) above;
(4) A copy of each current New Hampshire
license, registration, or certification in health care field, if
applicable;
(5) Documentation that
the required TB test results or radiology reports of chest x-rays, if required,
have been completed by the appropriate health professionals;
(6) Documentation of annual continuing
education as required by (j) above;
(7) Documentation of the BEAS state registry
check and the criminal record check; and
(8) 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 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
d. Do not pose a threat to the
health, safety, or well-being of a client.
