Section He-P 830.18 - Personnel(a) The licensee shall ensure that sufficient numbers of qualified personnel are present in the PRTP to meet the needs of clients at all times.(b) In an acute setting or facilities approved for IEA's there shall be at least 2 staff members on duty at all times while clients are in the facility, one of whom shall be a registered nurse.(c) A psychiatrist shall be available to the PRTP 24 hours a day for face-to-face consultation.(d) For all applicants for employment, volunteers, contracted employees, and 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 in accordance with RSA 151:2-d;(2) Review the results of the criminal records check in accordance with (e) below;(3) Verify that the potential employee is not listed on the state registry maintained by the department's bureau of elderly and adult services in accordance with RSA 161-F:49;(4) Verify that the applicant meets the qualifications of the position prior to employment; and(5) If the applicant will be employed by a child or youth program, verify that the potential employee is not listed in the DCYF central registry.(e) Unless a waiver is granted in accordance with (g) below, the licensee shall not offer employment, contract with, or otherwise engage a person in (d) above if the individual: (1) Has been convicted of a felony in this of 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, abuse, neglect or exploitation of any person; or(4) Otherwise poses a threat to the health, safety, or well-being of the clients.(f) If the information identified in (e) above regarding any person subject to (d) above is learned after the person is hired, contracted with, or engaged with, the licensee shall immediately notify the department and either:(1) Cease employing, contracting with, or engaging the person; or(2) Request a waiver of (d) above.(g) 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 shall not or no longer shall be employed, contracted with, or engaged by the licensee, or the person shall not or no longer shall 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).(h) The licensee shall: (1) Not employ, contract with, or engage any person in (d) above who is listed on the BEAS state registry or DCYF central registry unless a waiver is granted by BEAS and/or DCYF; 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 or are licensed with a reciprocal multi-compact state.(i) Administrators appointed after the 2021 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 clinician licensed by the New Hampshire board of mental health or board of psychology practice with at least one year of relevant experience;(2) A master's degree in counseling, psychology, or mental health from an accredited institution and 3 years of relevant experience;(3) A bachelor's degree in counseling, psychology, or mental health from an accredited institution and 5 years of relevant experience working in a behavioral health related field;(4) A New Hampshire license as an RN, with at least 5 year of relevant experience working in a behavioral health related field; or(5) A degree which would make them eligible for licensure from the board of mental health or psychology.(j) All personnel providing care to adult clients shall be at least 18 years of age if working as direct care personnel 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 a licensed clinical supervisor.(k) All personnel providing care to children and youth shall be at least 21 years of age if working as a direct care personnel.(l) The licensee shall inform personnel of the line of authority at the PRTP.(m) 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 licensed practitioner and submit 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 "Guidelines for Preventing the Transmission of t in Health-Care Settings" (2005 edition), available as noted in Appendix A, if the individual 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.(n) In lieu of (l)(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 (l)(1) and (3) above before working at the PRTF.(o) Prior to having contact with clients or food, personnel shall receive a tour of the PRTF and an orientation that explains the following:(1) The clients' rights in accordance with RSA 151:20;(2) The PRTF's complaint procedures;(3) The duties and responsibilities of the position;(4) The medical emergency procedures;(5) Education focused on treating and caring for residents with acute and persistent mental illness;(6) The emergency and evacuation procedures;(7) The infection control procedures as required by He-P 830.21;(8) The facility confidentiality requirements;(9) Grievance procedures for both staff and clients;(10) The procedures for food safety for personnel involved in preparation, serving, and storing of food; and(11) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29.(p) 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 clients' rights and complaint procedures required under RSA 151;(2) The licensee's infection control program;(3) The licensee's written emergency plan;(4) The licensee's policies and procedures;(5) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29; and(6) Education on treating and caring for residents with acute and persistent mental illness.(q) The PRTP shall maintain a separate employee file for each employee, which includes 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 (d) above and a copy of initial and annual signed conviction statement per He-P 830.18(r);(5) A job description signed by the individual that identifies the:b. Qualifications and experience; andc. Duties required by the position;(6) Record of satisfactory completion of the orientation program required by (q) 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 above;(9) A copy of a current, valid driver's license, including proof of insurance, if the employee transports clients;(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 (u) below; and(12) The results of the registry checks in (h) above.(r) The PRTP 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 (p)(1), (3), (4), (6), and (8)-(12) above; and(2) For independent contractors, the information in (p)(3), (4), (6), and (8)-(12) above, except that the letter in (h) and (p) above may be substituted for (p)(4), (10), and (12) above, if applicable.(s) Personnel records shall be maintained in a confidential manner by: (1) Maintaining a separate file for each employee which shall contain information relating only to that employee; and(2) Storing the file in a locked container or cabinet in the facility.(t) 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.(u) For individuals with the waiver described in (f) above, the statement required by (s) above shall cover the period of time since the waiver was granted.(v) An individual shall not be required to re-disclose any of the matters in (r) above if the documentation is available and the department has previously reviewed the material and determined that the individual can continue employment.(w) An individual shall disclose any new convictions, as soon as practicable, to the facility administrator. Any such convictions shall be reported to the department for review.(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 PRTF 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 (y) above shall include provisions relating to the following:(2) Procedures for monitoring the distribution and storage of controlled substances;(3) Procedures for 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 of misuse or diversion by personnel exists;(6) Employee assistance procedures;(7) Confidentiality of investigations, reports, and resolutions of controlled drug misuse or diversion;(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.N.H. Admin. Code § He-P 830.18
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12952, Effective 12/21/2019, Expires 6/18/2020.Amended by Volume XLI Number 19, Filed May 13, 2021, Proposed by #13195, Effective 4/24/2021, Expires 4/24/2031.