N.H. Admin. Code § He-P 823.18

Current through Register No. 50, December 12, 2024

Section He-P 823.18 - Personnel

(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.

N.H. Admin. Code § He-P 823.18

#9292, eff 10-9-08

Amended by Volume XXXVII Number 19, Filed May 11, 2017, Proposed by #12168, Effective 4/29/2017, Expires 10/26/2017.

Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12642, Effective 10/9/2018, Expires 10/9/2028.