N.H. Code Admin. R. He-M 507.10 - Staff and Provider Qualifications

(a) Community participation services staff, contracted providers, and consultants shall collectively possess professional backgrounds and competencies such that the needs of the individuals who receive community participation services can be met.

(b) Community participation services shall be provided, in accordance with each individual's service agreement, by:

(1) Direct service staff;

(2) Contracted providers;

(3) Consultants;

(4) Professional staff;

(5) Non-professional staff; or

(6) Volunteers.

(c) All personnel identified in (b) above shall be supervised by professional staff or by the director of community participation services or his or her designee.

(d) If clinical consultants are used, they shall be licensed or certified as required by New Hampshire law.

(e) All persons who provide community participation services shall be at least 18 years of age.

(f) Prior to a person providing community participation services to individuals, 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;

(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 motor vehicles record check to ensure that the person has a valid driver's license.

(g) Except as allowed in (h) -(i) 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 registry of founded reports of abuse, neglect, and exploitation pursuant to RSA 161-F:49.

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

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

(1) Is approved by the individual, his or her guardian 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.

(j) Upon hiring a person pursuant to (h) 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 (h) 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 legal guardian(s) 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.

Notes

N.H. Code Admin. R. He-M 507.10

#4659, eff 8-4-89; EXPIRED: 8-4-95

New. #6285, eff 7-12-96, EXPIRED: 7-12-04

New. #8142, INTERIM, eff 8-21-04, EXPIRED: 2-17-05

New. #8324, eff 4-16-05 (formerly He-M 507.09 ), EXPIRED: 4-16-13

New. #10320, INTERIM, eff 4-25-13, EXPIRES: 10-22-13; ss by #10426, eff 10-1-13