Current through Register No. 40, October 3, 2024
(a) The licensee
shall develop a job description for each position in the HHCP containing:
(1) Duties of the position;
(2) Physical requirements of the position;
and
(3) Qualifications and
educational requirements of the position.
(b) For all applicants for employment,
volunteers, and independent contractors who will provide direct care or
personal care services to patients, the licensee shall:
(1) Obtain and review a criminal records
check from the New Hampshire department of safety, 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) (1) -(3) below; and
(3) Verify the qualifications of applicants
prior to employment.
(c)
Unless a waiver is granted in accordance with He-P 823.10 and(d) below, the
licensee shall not offer employment, contract with, or engage a person in (b)
above, 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 in this or any other state;
(3) Has 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; or
(4) Otherwise poses a threat to the health,
safety, or well-being of patients.
(d) If the information identified in (c)
above regarding any person identified in (b) 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 (c) above.
(e) If a waiver of (c) above is
requested, the department shall review the information and the underlying
circumstances in (c) 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, after investigation, if it determines that the person poses a threat
to the health, safety, or well-being of a patient; or
(2) Grant a waiver of (c) above if, after
investigation, it determines that the person does not pose a current threat to
the health, safety, or well-being of a patient(s) .
(f) The licensee shall:
(1) Not employ, contract with, or engage, any
person in (b) above who is listed on the BEAS state registry unless a waiver is
granted by BEAS; and
(2) Only
employ, contract with, or engage board of nursing licensees who are listed on
the nursing assistant registry or licensing site with the NH board of
nursing.
(g) In lieu of
(b) and (f) above, the licensee may accept, from independent agencies
contracted by the licensee to provide direct care or personal care services, a
signed statement that the agency's employees have complied with (b) and (f)
above and do not meet the criteria in (c) and (f) above.
(h) All personnel shall:
(1) Meet the educational and physical
qualifications of the position as listed on their job description;
(2) Be licensed, registered, or certified as
required by state statute;
(3)
Receive an orientation prior to contact with a patient that includes:
a. The HHCP's policy on patient 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 HHCP's policies, procedures and guidelines;
d. The HHCP's infection control
program;
e. The HHCP's fire,
evacuation, and emergency plans which outline the responsibilities of personnel
in an emergency; and
f. The
mandatory reporting requirements such as RSA 161:F: 46-48 and RSA 169-C:
29-31;
(4) Within the
first 3 months of employment, receive an orientation to hospice philosophy
relative to the delivery of care and services to hospice patients and their
families;
(5) Complete mandatory
annual in-service education, which includes a review of the HCCP's:
a. Policies and procedures on patient rights
and responsibilities;
b. Infection
control program; and
c. Fire and
emergency procedures;
(6) 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 registered nurse
in accordance with Nur 700; or
b.
Part of an established educational program working under the supervision of a
registered nurse;
(7)
Prior to contact with patients or food, submit to the HHCP the results of a
physical examination or 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;
(8) Be
allowed 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
(9) 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.
(i) In
lieu of (h) (8) above, independent agencies contracted by the facility to
provide direct care or personal care services may provide the licensee with a
signed statement that its employees have complied with (h) (7) and (9) above
before working at the HHCP.
(j) All
personnel shall sign a statement at the time the initial offer of employment is
made and then annually thereafter stating that they:
(1) Do not have a felony conviction in this
or any other state;
(2) Have 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 patient; and
(3) Have 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.
(k) Personnel,
volunteers, or independent contractors hired by the licensee who will have
direct care contact with patients or food who have a history of TB or a
positive skin test shall have a symptomatology screen in lieu of a TB
test.
(l) All personnel shall
follow the orders of the licensed practitioner for each patient and encourage
patients to follow the practitioner's order.
(m) Current, separate, and complete employee
files shall be maintained and stored in a secure and confidential manner at the
HHCP licensed premises.
(n) The
employee 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 HHCP's policy setting forth the patients' 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 (h)
(4) and (5) above and any required continuing education program;
(5) A copy of each current New Hampshire
license, registration, or certification in a 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) Documentation of annual in-service
education as required by (h) (5) above;
(8) 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 that the personnel
member is competent to administer medications;
(9) A statement that shall be signed at the
time the initial offer of employment is made and then annually thereafter by
all personnel as required by (j) above;
(10) Documentation of the criminal records
check;
(11) The results of the
registry checks in (f) above; and
(12) Copy of certification of (h) (7)
above.
(o) The HHCP
shall maintain the records, but not necessarily a separate file, for all
volunteers and for all independent contractors who provide direct care or
personal care services to patients or who will be unaccompanied by an employee
while performing non-direct care or non-personal care services within the
facility, as follows:
(1) For volunteers, the
information in (n) (1), (2), (4), and (6) -(11) above; and
(2) For independent contractors, the
information in (n) (2), and (4) -(11) above, except that the letter in (g) and
(i) above may be substituted for (n) (6), (10), and (11) above, if
applicable.
#9292, eff
10-9-08
