Current through Register No. 40, October 3, 2024
(a) The licensee
shall ensure that sufficient numbers of qualified personnel are present in the
SUD-RTF to meet the needs of clients at all times.
(b) There shall be at least one awake
personnel member on duty at all times while clients are in the
facility.
(c) For all applicants
for employment, for all volunteers, for all independent contractors who will
provide direct care or personal care services to clients or who will be
unaccompanied by an employee while performing non-direct care or non-personal
care services within the facility, 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 accordance with (d) below;
(3) Verify the qualifications of all
applicants prior to employment; and
(4) Verify that the applicant is not listed
on the BEAS registry maintained by the department's bureau of elderly and adult
services.
(d) Unless a
waiver is granted in accordance with (f) (2) below, the licensee shall not
offer employment, contract with, or engage a person in (c) above, if the
person:
(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 in this or any other state;
(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 of any person; or
(4) Otherwise poses a threat to the health,
safety, or well-being of the clients.
(e) If the information identified in (d)
above regarding any person in (c) above is learned after the person is hired,
contracted with, or engaged, or after the person becomes a household member,
the licensee shall immediately notify the department and either:
(1) Cease employing, contracting with, or
engaging the person, or not permit the household member to continue to reside
in the residence; or
(2) Request a
waiver of (d) above.
(f)
If a waiver of (d) above is requested, the department shall review the
information and the underlying circumstances in (d) 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, or the person cannot or can no longer reside in the facility if,
after investigation, it determines that the person poses a threat to the
health, safety, or well-being of a client; or
(2) Grant a waiver of (d) above if, after
investigation, it determines that the person does not pose a current threat to
the health, safety, or well-being of a client(s) .
(g) The licensee shall:
(1) Not employ, contract with, or engage, any
person in (c) above who is listed on the BEAS state registry unless a waiver is
granted by BEAS; and
(2) Only
employ, contract with, or engage persons in (c) above who are listed on the NH
board of nursing unless a waiver is granted by the NH board of
nursing.
(h) In lieu of
(c) and (g) above, the licensee may accept from independent agencies contracted
by the licensee or by an individual client to provide direct care or personal
care services a signed statement that the agency's employees have complied with
(c) and (g) above and do not meet the criteria in (d) and (g) above.
(i) Administrators shall be at least 21 years
of age and have a minimum of one of the following combinations of education and
experience:
(1) A bachelor's degree from an
accredited institution and one year of relevant experience working in a health
related field;
(2) A New Hampshire
license as an RN, with at least one year relevant experience working in a
health related field;
(3) An
associate's degree from an accredited institution plus 3 years relevant
experience in a health related field;
(4) A MLADC or LADC license issued by the
State of New Hampshire; or
(5)
Licensed by the board of mental health practice with at least one year of
relevant experience working in substance use disorder treatment.
(j) All administrators shall
obtain and document in accordance with (q) (7) and (q) (8) below, 12 hours of
continuing education related substance use disorder services each annual
licensing period.
(k) The licensee
shall employ or contract with a medical director who is:
(1) A licensed practitioner who is licensed
in the state of New Hampshire; and
(2) Has experience providing medical services
to clients with behavioral health or substance use disorder needs.
(l) All direct care personnel
shall be at least 18 years of age unless they are:
(1) A licensed nursing assistant working
under the supervision of a nurse in accordance with Nur 700; or
(2) Involved in an established educational
program working under the supervision of licensed staff.
(n) The licensee shall inform personnel of
the line of authority at the SUD-RTF.
(n) The licensee shall educate personnel
about the needs and services required by the clients under their
care.
(o) Prior to having contact
with clients or food, 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 Centers for Disease Control, both conducted not more than 12
months prior to employment, contract, or engagement;
(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.
(p) In lieu of (o) (1) above, independent
agencies contracted by the facility or by an individual client to provide
direct care or personal care services may provide the licensee with a signed
statement that its employees have complied with (o) (1) and (3) above before
working at the SUD-RTF.
(q) Prior
to having contact with clients or food, personnel shall receive a tour of and
orientation to the SUD-RTF that includes the following:
(1) The clients' rights in accordance with
RSA
151:20;
(2) The SUD-RTF's complaint
procedures;
(3) The duties and
responsibilities of the position;
(4) The medical emergency
procedures;
(5) The emergency and
evacuation procedures;
(6) The
infection control procedures as required by He-P 826.21;
(7) The facility confidentiality
requirements;
(8) Grievance
procedures for both staff and clients;
(9) The procedures for food safety for
personnel involved in preparation, serving, and storing of food; and
(10) The mandatory reporting requirements
including
RSA
161-F:46 and
RSA
169-C:29.
(r) The licensee shall provide all personnel
with an annual continuing education or in-service education training, which at
a minimum contains the following:
(1) The
licensee's client's rights and complaint procedures required under RSA
151;
(2) The licensee's infection
control program;
(3) The licensee's
written emergency plan;
(4) The
provisions of 42 CFR Part 2;
(5)
The licensee's policies and procedures; and
(6) The mandatory reporting requirements
including
RSA
161-F:46 and
RSA
169-C:29.
(s) The SUD-RTF shall maintain a separate
employee file for each employee, which shall include the following:
(1) A completed application for employment or
a resume;
(2) Proof that the
individual meets the minimum age requirements;
(3) A statement signed by each individual
that he or she has received a copy of and received training on the
implementation of the licensee's policy setting forth the clients rights and
responsibilities as required by
RSA
151:21;
(4) A copy of the results of the criminal
record check as described in (c) above;
(5) A job description signed by the
individual that identifies the:
a. Position
title;
b. Qualifications and
experience; and
c. Duties required
by the position;
(6)
Record of satisfactory completion of the orientation program required by (r)
above;
(7) Information as to the
general content and length of all in-service or educational programs
attended;
(8) Record of
satisfactory completion of all required education programs required by (s)
above;
(9) A copy of each current
driver's license, including proof of insurance, if the employee transports
clients using their own vehicle;
(10) Documentation that the required physical
examinations, health screenings, TB test results, and radiology reports of
chest x-rays, if required, have been completed by the appropriate health
professionals;
(11) The statement
required by (v) below; and
(12) The
results of the registry checks in (g) above.
(t) The SUD-RTF 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 clients 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 (s)
(1), (3), (4), (6), and (8) -(12) above; and
(2) For independent contractors, the
information in (s) (3), (4), (6), and (8) -(12) above, except that the letter
in (h) and (o) above may be substituted for (s) (4), (10), and (12) above, if
applicable.
(u) 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 client; or
(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.
(v) An
individual shall not have to re-disclose any of the matters in (u) above if the
documentation is available and the department has previously reviewed the
material and determined that the individual can continue employment, contract,
or engagement.
(w) The licensee
shall protect and store in a secure and confidential manner all records
described in (s) and (t) above.
(x)
The licensee shall document evidence of immunization against influenza and
pneumococcal disease for all consenting employees and shall provide to its
consenting employees annual immunizations against influenza, to include:
(1) That immunizations shall be provided and
reported in accordance with
RSA
151:9-b, I-V; and
(2) The facility shall have a plan that
identifies and documents, with dates, employees that have received or declined
to receive immunizations.
(y) Personnel shall not be impaired while on
the job by any substances including, but not limited to, legally prescribed
medication, therapeutic cannabis, or alcohol.
(z) The SUD-RTF shall have a written policy,
as described in
RSA
151:41, establishing procedures for the
prevention, detection, and resolution of controlled substance misuse, and
diversion, which shall apply to all personnel, and which shall be the
responsibility of a designated employee or interdisciplinary team.
(aa) The policy in (z) above shall include:
(1) Education;
(2) Procedures for monitoring the
distribution and storage of controlled substances;
(3) Voluntary self-referral by employees who
are misusing substances;
(4)
Co-worker reporting procedures;
(5)
Drug testing procedures to include at a minimum, testing where reasonable
suspicion exists;
(6) Employee
assistance procedures;
(7)
Confidentiality;
(8) Investigation,
reporting, and resolution of controlled drug misuse or diversion; and
(9) The consequences for violation of the
controlled substance misuse, and diversion prevention policy.
(See Revision Note at Part Heading for He-P 826) #12658,
eff 11-1-18
