N.H. Admin. Code § He-M 506.03

Current through Register No. 45, November 7, 2024

Section He-M 506.03 - Minimum Staff Qualifications

(a) Provider agency staff shall meet the qualifications for and conditions of employment identified in He-M 507, He-M 510, He-M 513, He-M 518, He-M 521, He-M 524, He-M 1001, and He-M 1201.

(b) Each applicant for employment shall:

(1) Meet the educational qualifications, or the equivalent combination of education and experience, identified in the job description;

(2) Meet professional certification and licensure requirements of the position;

(3) Meet the motor vehicle licensure requirement identified in the job description;

(4) Either:

a. Present documentation of a tuberculosis (TB) test performed within the past 6 months; or

b. Undergo a TB test prior to employment; and

(5) If a test referenced in (4) above is positive, provide evidence of follow-up conducted in accordance with the Centers for Disease Control and Prevention "Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in Health-Care Settings, 2005," available as noted in Appendix A.

(c) All staff shall be at least 18 years of age.

(d) Prior to a person working directly with an individual, the provider agency, with the consent of the person, shall:

(1) Obtain at least 2 references for the person;

(2) Complete, at a minimum, a New Hampshire criminal records check no more than 30 days prior to hire;

(3) If a person's primary residence is out of state, complete a criminal records check for their state of residence;

(4) If a person has resided in New Hampshire for less than one year, complete a criminal records check for their previous state of residence; and

(5) Complete a BEAS state registry check no more than 30 days prior to hire.

(e) Except as allowed in (f) -(g) below, the provider agency shall not hire a person:

(1) Who has a:

a. Felony conviction; or

b. Any misdemeanor conviction involving:

1. Physical or sexual assault;

2. Violence;

3. Exploitation;

4. Child pornography;

5. Threatening or reckless conduct;

6. Theft;

7. Driving under the influence of drugs or alcohol; or

8. Any other conduct that represents evidence of behavior that could endanger the well-being of an individual; or

(2) Whose name is on the BEAS state registry.

(f) A provider agency may hire a person with a criminal record listed in (e) (1) a. or b. above for a single offense that occurred 10 or more years ago in accordance with (g) and (h) below. In such instances, the individual, his or her guardian if applicable, and the area agency shall review the person's history prior to approving the person's employment.

(g) Employment of a person pursuant to (f) above shall only occur if such employment:

(1) Is approved by the individual, his or her guardian if applicable, and the area agency;

(2) Does not negatively impact the health or safety of the individual(s); and

(3) Does not affect the quality of services to individuals.

(h) Upon hiring a person pursuant to (f) above, the provider agency shall document and retain the following information in the individual's record:

(1) Identification of the region, according to He-M 505.04, in which the provider agency is located;

(2) The date(s) of the approvals in (f) above;

(3) The name of the individual or individuals for whom the person will provide services;

(4) The name of the person hired;

(5) Description of the person's criminal offense;

(6) The type of service the person is hired to provide;

(7) The provider agency's name and address;

(8) The certification number and expiration date of the certified program, if applicable;

(9) A full explanation of why the provider agency is hiring the person despite the person's criminal record;

(10) Signature of the individual(s), or of the legal guardian(s) if applicable, indicating agreement with the employment and date signed;

(11) Signature of the staff person who obtained the individual's or guardian's signature and date signed;

(12) Signature of the area agency's executive director or designee approving the employment; and

(13) The signature and phone number of the person being hired.

(i) Personnel records, including background information relating to a staff person's qualifications for the position held, shall be maintained by the provider agency for a period of 7 years after that staff person's employment termination date.

N.H. Admin. Code § He-M 506.03

#2033, eff 6-7-82; ss by #2679, eff 4-18-84; ss by #5047, eff 1-18-91, EXPIRED: 1-18-97

New. #6645, eff 12-2-97, EXPIRED: 12-2-05

New. #8604, eff 4-11-06; ss by #10528, eff 3-1-14