N.H. Admin. Code § He-A 304.17

Current through Register No. 2, January 9, 2025

Section He-A 304.17 - Personnel Requirements

(a) The OTP shall employ an administrator responsible for the day to day operations of the OTP.

(b) Administrators appointed after the 2018 effective date of these rules 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 substance use disorders treatment related field;

(2) An associate's degree from an accredited institution plus 3 years of relevant experience working in a substance use disorders treatment related field; or

(3) A New Hampshire license as an RN, MLADC, LADC, or other licensed behavioral health practitioner, with at least one year of relevant experience working in a substance use disorders treatment related field.

(c) The OTP shall employ a medical director that meets the requirements of He-A 304.23.

(d) The OTP shall meet the minimum staffing requirements:

(1) At least one:

a. Masters licensed alcohol and drug counselor (MLADC); or

b. Licensed alcohol and drug counselor (LADC) who also holds the licensed clinical supervisor (LCS) credential;

(2) Sufficient staffing levels that are appropriate for the services provided and the number of clients served;

(3) All unlicensed staff providing treatment, education, and/or recovery support services shall be under the direct supervision of a licensed supervisor;

(4) No licensed supervisor shall supervise more than 8 unlicensed staff;

(5) Unlicensed staff shall receive at least one hour of supervision for every 20 hours of direct client contact;

(6) Supervision shall be provided on an individual or group basis, or both, depending upon the employee's need, experience, and skill level;

(7) Supervision shall include following techniques:

a. Review of case records;

b. Observation of interactions with clients;

c. Skill development; and

d. Review of case management activities; and

(8) Supervisors shall maintain a log of the supervision date, duration, content, and who was supervised by whom.

(e) Individuals licensed or certified by the NH board of licensing for alcohol and other drug use professionals or any other NH licensing board shall receive supervision in accordance with the requirements set forth for the license(s) held by the individual.

(f) The certificate holder shall develop a current job description for all staff, including contracted staff, volunteers, and student interns, which includes:

(1) Job title;

(2) Physical requirements of the position;

(3) Education and experience requirements of the position;

(4) Duties of the position;

(5) Positions supervised; and

(6) Title of immediate supervisor.

(g) For all applicants for employment, for all contractors, for all volunteers, and for all student interns, the certificate holder shall:

(1) Require those individuals listed in (d) above to sign a release to allow the OTP to obtain his or her criminal record;

(2) 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;

(3) Review the results of the criminal records check in (2) above in accordance with (h) below; and

(4) Verify the qualifications of all applicants prior to employment.

(h) Unless a waiver is granted in accordance with (j) (2) below, the certificate holder shall not offer employment, contract with, or engage a person in (g) above, if the person:

(1) Has been convicted of a felony in this or any other state;

(2) Has been convicted of a 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 clients.

(i) If the information identified in (h) above regarding any person in (g) above is learned after the person is hired, contracted with, or engaged, the certificate holder shall immediately notify the department and either:

(1) Cease employing, contracting with, or engaging the person; or

(2) Request a waiver of (h) above.

(j) If a waiver of (h) above is requested, the department shall review the information and the underlying circumstances in (h) above and shall either:

(1) Notify the certificate holder that the person cannot or can no longer be employed, contracted with, or engaged by the certificate holder 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 (h) 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.

(k) The certificate holder shall check the names of the persons in (g) above against the bureau of elderly and adult services (BEAS) state registry, maintained pursuant to RSA 161-F:49 and He-W 720, prior to employing, contracting with, or engaging them.

(l) The certificate holder shall not employ, contract with, or engage, any person in (g) above who is listed on the BEAS state registry unless a waiver is granted by BEAS.

(m) In lieu of (g) and (k) above, the licensee may accept from independent agencies contracted by the certificate holder a signed statement that the agency's employees have complied with (g) and (k) above and do not meet the criteria in (h) and (l) above.

(n) All staff, including contracted staff, volunteers, and student interns, shall:

(1) Meet the educational, experiential, and physical qualifications of the position as listed in their job description;

(2) Be licensed, registered, or certified as required by state statute and as applicable;

(3) Receive an orientation within the first 3 days of work or prior to direct contact with clients and annually thereafter, which includes:

a. The OTP's code of ethics, including ethical conduct and the reporting of unprofessional conduct;

b. The OTP's policies on client rights and responsibilities and complaint procedures;

c. Confidentiality requirements as required by He-A 304.12(p) ;

d. Grievance procedures for both clients and staff as required in He-A 304.12(v) (2) ;

e. The duties and responsibilities and the policies, procedures, and guidelines of the position they were hired for;

f. Topics covered by both the administrative and personnel manuals;

g. The OTP's infection prevention program;

h. The OTP's fire, evacuation, and other emergency plans which outline the responsibilities of personnel in an emergency; and

i. Mandatory reporting requirements for abuse or neglect such as those found in RSA 161-F and RSA 169-C:29; and

(4) Sign and date documentation that they have taken part in an orientation as described in (3) above;

(o) Prior to having contact with clients, employees, contractors, volunteers, and student interns shall:

(1) Submit to the certificate holder proof of a physical examination or a health screening conducted not more than 12 months prior to employment which shall include at a minimum the following:

a. The name of the examinee;

b. The date of the examination;

c. Whether or not the examinee has a contagious illness or any other illness that would affect the examinee's ability to perform their job duties;

d. Results of a 2-step tuberculosis (TB) test, Mantoux method, or other method approved by the Centers for Disease Control (CDC); and

e. The dated signature of the licensed health practitioner;

(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) Employees, contractors, volunteers, and student interns who have direct contact with clients who have a history of TB or a positive skin test shall have a symptomatology screen of a TB test.

(q) The certificate holder shall maintain and store in a secure and confidential manner, a current personnel file for each employee, contractor, volunteer, and student intern.

(r) A personnel file shall include, at a minimum, the following:

(1) A completed application for employment or a resume, including:

a. Identification data; and

b. The education and work experience of the employee;

(2) A copy of the current job description or agreement, signed by the individual, that identifies the:

a. Position title;

b. Qualifications and experience; and

c. Duties required by the position;

(3) Written verification that the person meets the OTP's qualifications for the assigned job description, such as school transcripts, certifications, and licenses as applicable;

(4) A signed and dated record of the orientation required by (n) (3) above;

(5) A copy of each current New Hampshire license, registration, or certification, including CPR certification, as applicable;

(6) Records of screening for communicable diseases results required in (o) above;

(7) Written performance appraisals for each year of employment or engagement including a description of any corrective actions, supervision, or training determined by the person's supervisor to be necessary;

(8) Documentation of annual in-service education required in He-A 304.12(x) ;

(9) Information as to the general content and length of all continuing education or educational programs attended;

(10) A signed statement acknowledging the receipt of the OTP's policy setting forth the client's rights and responsibilities, including confidentiality requirements, and acknowledging training and implementation of the policy;

(11) A statement, which shall be signed at the time the initial offer of employment is made and then annually thereafter, stating that he or she:

a. Does not have a felony conviction in this or any other state;

b. Has not been convicted of a sexual assault, other violent crime, assault, fraud, theft, abuse, neglect, or exploitation or pose a threat to the health, safety, or well-being of a client; and

c. Has 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;

(12) Documentation of the criminal records check and any waivers per (g) and (j) above; and

(13) The results of a check of the BEAS state registry per (k) above.

(s) An individual need not re-disclose any of the matters in (r) (11) 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.

(t) All OTPs using the services of independent contractors as personnel shall ensure that each personnel file includes a written agreement that describes the services that will be provided.

N.H. Admin. Code § He-A 304.17

#7496, eff 5-23-01; ss by #9476, eff 5-22-09 (from He-A 304.16 )

Amended by Volume XXXVIII Number 10, Filed March 8, 2018, Proposed by #12476, Effective 2/16/2018, Expires 2/16/2028.