1. (a) The licensee shall ensure that sufficient numbers of qualified personnel are present in the birthing center to meet the needs of patients at all times.

2. (b) The licensee shall develop a job description for each position in the birthing center containing:

   1. (1) Duties of the position;
   2. (2) Physical requirements of the position; and
   3. (3) Qualifications and educational requirements of the position.

3. (c) For all applicants for employment, volunteers, and independent contractors who will

   1. (1) Obtain and review a criminal records check in accordance with RSA 151:2-d which shall include criminal history from the state of New Hampshire ; and
   2. (2) Review the results of the criminal records check in accordance with (d) below and verify the qualifications and licenses, as applicable, of all applicants prior to employment.

   provide direct care to patients or who will be unaccompanied by an employee while performing non-direct care or non-personal care services within the facility the licensee shall:

4. (d) Unless a waiver is granted in accordance with (f) below, the licensee shall not offer employment, contract with, or engage a person for any position if the individual:

   1. (1) Has been convicted of a felony in this or any other state;
   2. (2) Has been convicted of a sexual assault, other violent crime, assault, fraud, abuse, theft, neglect, or exploitation in this or any other state;
   3. (3) Has 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. (4) Otherwise poses a threat to the health, safety, or well-being of patient(s).

5. (e) If the information identified in (d) above regarding any person in (c) above is learned after the person is hired, contracted with, or engaged, the licensee shall immediately notify the department and either:

   1. (1) Cease employing, contracting with, or engaging the person; or
   2. (2) Request a waiver of (d) above.

6. (f) 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. (1) Notify the licensee that the person cannot or can no longer be employed, contracted with, or engaged by the licensee; or
   2. (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 patient(s).
7. (g) If the information identified in (d) above regarding any employee is learned after the person begins employment, the licensee or administrator shall submit the information to the department immediately upon discovery.

8. (h) All personnel shall:

   1. (1) Be at least 18 years of age if working as direct care personnel;
   2. (2) Meet the educational and physical qualifications for their position, as listed in the job description in (b) above;
   3. (3) Be licensed, registered, or certified if required by federal law or state law or rule; and

   4. (4) Receive an orientation within the first 3 days of work, including:

      1. a. The patient rights and responsibilities in accordance with RSA 151:21;
      2. b. The duties and responsibilities of the position;
      3. c. The birthing center’s policies, procedures, and guidelines;
      4. d. The birthing center’s infection control program;
      5. e. The birthing center’s fire, evacuation, and emergency plans outlining the responsibilities of personnel in an emergency;
      6. f. Mandatory reporting requirements such as those found in RSA 161-F:46 or RSA 169-C: 29-30;
      7. g. The medical emergency procedures; and
      8. h. The procedures for food safety for those personnel involved in preparation, serving, and storing of food.

9. (i) Prior to having contact with patients or food, personnel, including volunteers, shall:

   1. (1) Submit to the birthing center the results of a physical examination or health screening and results of a 2-step tuberculosis (TB) test, Mantoux method, or other method approved by the Centers for Disease Control (CDC), conducted not more than 12 months prior to employment;
   2. (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. (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.

10. (j) All personnel shall complete annual in-service education, including a review of the birthing center’s:

    1. (1) Policies and procedures relative to patient rights in accordance with RSA 151:21;
    2. (2) Infection control program;
    3. (3) Education program on fire, evacuation, and emergency procedures;
    4. (4) The mandatory reporting requirements including RSA 161-F:46 and RSA 169-C:29-30;
    5. (5) The medical emergency procedures;
    6. (6) The procedures for food safety for those personnel involved in preparation, serving, and storing of food; and
    7. (7) The birthing center’s policies, procedures and guidelines.

11. (k) All professional direct care personnel shall have current certificates in:

    1. (1) Adult cardio pulmonary resuscitation (CPR) equivalent to basic life support from either the American Red Cross or the American Heart Association; and
    2. (2) Neonatal CPR equivalent to the American Heart Association and American Academy of Pediatrics’ “2005 American Heart Association (AHA) Guidelines for Cardiopulmonary Resuscitation (CPR) and Emergency Cardiovascular Care (ECC) of Pediatric and Neonatal Patients: Neonatal Resuscitation Guidelines,” available as noted in Appendix A.
12. (l) All direct care personnel shall be familiar with the location, operation, and use of all equipment in the birthing center.

13. (m) All birthing centers using the service of independent clinical contractors who have direct contact with patients shall:

    1. (1) Provide each clinical contractor with an orientation as specified in (h)(4) above;
    2. (2) Maintain copies on file of a physical examination or health screening and 2-step tuberculosis testing, Mantoux method, that were conducted not more than 12 months prior to employment for each clinical contractor;
    3. (3) Maintain a copy of the clinical contractors’ licenses as required by (h)(3) above, if applicable; and
    4. (4) Have a written agreement with each clinical contractor that describes the services that will be provided.
14. (n) Current and complete personnel files shall be maintained at the birthing center for all personnel.

15. (o) The personnel file required by (n) above shall include the following:

    1. (1) A completed application for employment or a resume;
    2. (2) Proof that the individual meets the minimum age requirements;
    3. (3) A statement signed by each individual that they have received a copy of the birthing center’s policy setting forth the patient rights and responsibilities, and acknowledging training and implementation of the policy as required by RSA 151:21;
    4. (4) A copy of the results of the criminal record check as described in (c) above;

    5. (5) A job description signed by the individual that identifies the:

       1. a. Position title;
       2. b. Qualifications and experience; and
       3. c. Duties required by the position;
    6. (6) A record of satisfactory completion of the orientation program required by (h)(4) above;
    7. (7) Information as to the general content and length of all in-service or educational programs attended;
    8. (8) Record of satisfactory completion of all required education programs required by (h), (j), and (k) above;
    9. (9) A copy of each current New Hampshire license, registration, or certification in a health care field, if applicable;
    10. (10) Documentation that the required physical examination or health screenings, TB test results, and radiology reports of chest x-rays, if required, have been completed by the appropriate health professionals;

    11. (11) If applicable, copies of current certificates in:

        1. a. Adult CPR equivalent to basic life support from either the American Red Cross or the American Heart Association; and
        2. b. Neonatal CPR equivalent to the American Heart Association and American Academy of Pediatrics “2005 American Heart Association (AHA) Guidelines for Cardiopulmonary Resuscitation (CPR) and Emergency Cardiovascular Care (ECC) of Pediatric and Neonatal Patients: Neonatal Resuscitation Guidelines,” available as noted in Appendix A; and
    12. (12) The statement required by (p) below.

16. (p) All personnel shall sign a non-conviction attestation at the time the initial offer of employment is made and then annually thereafter stating that they:

    1. (1) Do not have a felony conviction in this or any other state;
    2. (2) Have not been convicted of a sexual assault, other violent crime, assault, fraud, abuse, neglect, or exploitation;
    3. (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; or
    4. (4) Otherwise poses a threat to the health, safety, or well-being of patients.

17. (q) The licensee shall maintain separate personnel records that:

    1. (1) Contain the information required by (o) above; and
    2. (2) Are protected and stored in a secure and confidential manner.

18. (r) The licensee shall document evidence of immunization against influenza for all consenting employees and shall provide to its consenting employees annual immunizations against influenza, to include:

    1. (1) That immunizations shall be provided and reported in accordance with RSA 151:9-b, I-V;

       and

    2. (2) The facility shall have a plan that identifies and documents, with dates, employees that have

       received or declined to receive immunizations.

19. (s) If the facility uses an electronic record storage system, it shall provide computer access to all

    personnel records for the purpose of verifying compliance with all provisions of RSA 151 and He-P 810 for the onsite inspection. Access shall include assistance navigating the database and printing portions of the record, if needed.

20. (t) All personnel electronic records shall have security provisions to ensure confidentiality.
21. (u) Personnel shall not be impaired while on the job by any substances including, but not limited to, legally prescribed medication, cannabis, or alcohol.

Source. #8957, eff 7-27-07, EXPIRED: 7-27-15 New. #11039, INTERIM, 2-24-16, EXPIRES: 8-22-16; ss by #11161, eff 8-20-16; ss by #14074, eff 9-20-24, EXPIRES: 9-20-34 (formerly He-P 810.18)