reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:25-a - Nursing Home Facility Statement Required.

151:25-a Nursing Home Facility Statement Required. –
Any nursing home licensed under this chapter, which offers medical services shall provide a written statement setting forth the following to prospective clients:
I. A specific description of the medical services offered on site.
II. The rates charged by the nursing home and what is included in the rates.
III. The client's rights in the event of a temporary absence from the nursing home facility, in accordance with RSA 151:25, and the client's rights in the event of a proposed transfer or discharge from the facility, in accordance with RSA 151:26.
IV. The circumstances under which a discharge or transfer to another facility may occur, including situations in which the client's needs would exceed what the nursing home could provide, and the responsibility of the nursing home in transitioning the client to another location.
V. A statement affirming that the prospective client has received the nursing home disclosure statement in accordance with this section, that the client has read it or it has been read to the client, and that the client understands its contents.
VI. Any other disclosures or information required by this chapter, if applicable, and any other provisions of state or federal law.
Source.
2006, 239:1, eff. July 31, 2006.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:25-b - Nursing Home Policies Regarding Notice of Vacancy.

151:25-b Nursing Home Policies Regarding Notice of Vacancy. –
A public or private nursing home or assisted living facility, for which residents are paying out of pocket, shall not enforce a 30-day notice of vacancy policy in the event of the resident's death. The nursing home or assisted living facility shall be entitled to rent and fees for not more than 10 days from the date of the resident's death. If there is personal property to remove that impedes the reuse of the room, the 10-day period shall not begin until after the family, estate, or responsible party has removed the deceased person's personal property. If the room is occupied by a new resident before the expiration of the 10-day period, rent and fees for the 10-day period shall be prorated from the date of such occupancy and returned to the family, estate, or other responsible party.
Source.
2022, 330:1, eff. Sept. 6, 2022.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:27 - Abuse of Facility Patients.

151:27 Abuse of Facility Patients. –
I. A facility licensee, administrator, or employee shall not willfully physically or mentally abuse, mistreat, or harmfully neglect or deprive a patient.
II. The attorney general shall be responsible for the investigation and prosecution of patient abuse or neglect in any health care facility, whether licensed or unlicensed.
III. Any person who violates the provisions of paragraph I of this section shall be guilty of a misdemeanor for the first offense or guilty of a class B felony if serious bodily injury results. For a subsequent offense, a natural person shall be guilty of a class B felony or guilty of a class A felony if serious bodily injury results, or guilty of a felony if any other person.
IV. Any facility licensee or administrator who shall evict, harass, dismiss, or retaliate against a patient, a patient's personal representative, or an employee, as a consequence of such person's filing of a report under this section, shall be guilty of a misdemeanor.
Source.
1981, 453:1. 1983, 274:10. 1987, 207:4, eff. July 1, 1987.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:28 - Access of Approved Organizations.

151:28 Access of Approved Organizations. –
I. The office of ombudsman, established under RSA 167-A:22, shall approve the application of an organization seeking designation as an organization authorized for access to facilities and their patients if the organization is a bona fide community organization which has, as a substantial portion of its activities, the provision of one or more of the services listed in paragraph II and which is likely to utilize the access provided to enhance the welfare of facility patients, or if the organization is a legal aid program. The office of the ombudsman shall approve or disapprove the organization's application within 30 days after receipt.
II. A facility shall permit a representative of an approved organization, who carries proper identification access to facility patients to:
(a) Visit, talk with, and make personal, social, and legal services available to the patients;
(b) Inform patients of their rights and entitlements and corresponding obligations under federal and state law by distribution of educational materials and discussion in groups and with individual patients;
(c) Assist patients in asserting their legal rights relative to claims for public assistance, medical assistance, and social services benefits and in all matters in which patients might have a legal claim. Assistance may be provided individually or on a group basis and may include organizational activity, counseling, and litigation assistance; and
(d) Engage in other methods of assisting, advising, and representing patients to extend to them the full enjoyment of their rights.
III. Access shall be permitted during regular visiting hours each day. A representative shall not enter a patient's living area without identifying himself or herself to the patient and without receiving the patient's permission to enter. A representative shall use only patient areas of the facility for these purposes.
IV. Patients shall have the right to terminate a visit by a representative. Communication between a patient and the representative shall be confidential unless the patient authorizes the release of information.
V. If a facility believes that an individual or organization provided access is acting or has acted in a manner detrimental to the health or safety of patients, the facility may file a complaint with the office of ombudsman. Upon receipt of a complaint the office shall make an investigation and findings regarding the complaint and shall notify, in writing, the facility and individual or organization against whom the complaint was made of its findings. Any person aggrieved by the decision of the office of ombudsman may appeal the decision under RSA 541.
Source.
1981, 453:1. 1983, 274:10, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:29 - Posting Requirement.

151:29 Posting Requirement. –
A facility licensee shall conspicuously post in an area of its offices accessible to patients, employees, and visitors the following:
I. A description of complaint procedures established under this subdivision, provided by the commissioner, and the name, address, and telephone number of a person authorized by the commissioner to receive complaints;
II. A copy of the notice of any pending hearing or order pertaining to the facility issued by the commissioner or a court under the authority of this subdivision or rules adopted by the commissioner of the department of health and human services.
Source.
1981, 453:1. 1983, 274:10. 1995, 310:182, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:30 - Equitable and Other Relief.

151:30 Equitable and Other Relief. –
I. Any person aggrieved by a facility's failure to abide by the provisions of this subdivision may seek equitable relief from the superior court, which shall have original jurisdiction over all proceedings under this subdivision.
II. Damages shall be assessed in a proceeding against a facility which violates this subdivision and the facility shall be liable for the sum of $50 for each violation per day or part of a day or for all damages proximately caused by the violations, whichever is greater. If a facility is found to be in contempt of a court order issued under this section the facility shall be liable for the plaintiff's reasonable attorney fees and costs.
III. Violations of this subdivision may be raised in any other proceedings for damages and by way of counterclaim, setoff, or recoupment.
Source.
1981, 453:1. 1983, 274:10, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:32 - Definitions.

151:32 Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Department" means the department of health and human services.
III. "Infection" means any localized or systemic patient condition that resulted from the presence of an infectious agent or agents, or its toxin or toxins as determined by clinical examination.
Source.
2006, 292:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:35 - Limitation.

151:35 Limitation. –
Notwithstanding any provision of law to the contrary, hospitals, end-stage renal dialysis centers, nursing and other residential care facilities, the New Hampshire veterans' home, assisted living residences, or ambulatory surgical facilities may provide, and the department may collect under this subdivision, any data or patient identifiers as set forth in the protocols and specifications published and periodically amended by the National Healthcare Safety Network; provided that an individual patient's name, street address, city or town, telephone number, and social security number shall not be included in any data collected.
Source.
2006, 292:1, eff. July 1, 2007. 2010, 77:5, eff. July 1, 2011. 2014, 8:1, eff. May 14, 2014. 2016, 192:1, eff. Aug. 2, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:36 - Payment by Hospitals, End-Stage Renal Dialysis Centers, and Ambulatory Surgical Centers.

151:36 Payment by Hospitals, End-Stage Renal Dialysis Centers, and Ambulatory Surgical Centers. –
I. The department shall assess a fee to hospitals, end-stage renal dialysis centers, and ambulatory surgical centers that are required to report under RSA 151:33 to support the program's approved operating budget.
(a) The hospitals' portion shall be proportional to the number of measures reported by all hospitals in the state.
(b) The ambulatory surgical centers' portion shall be proportional to the total number of measures reported by ambulatory surgical centers in the state.
(c) The end-stage renal dialysis centers' portion shall be proportional to the total number of measures reported by end-stage renal dialysis centers in the state.
II. There shall be proportional fee categories based on the hospital's number of beds, which shall total the amount of payment required by the hospitals. Of that base amount as stated in subparagraph I(a), each individual hospital shall pay a fee based on the appropriate category for that hospital.
III. There shall be proportional fee categories based on the range of procedures performed annually at an ambulatory surgical center, which shall equal the total amount of payment that is required by all ambulatory surgical centers. Of that base amount as stated in subparagraph I(b), each ambulatory surgical facility required to report shall pay a fee based on the appropriate category for that ambulatory surgical center.
III-a. There shall be proportional fee categories based on the range of patient visits annually at an end-stage renal dialysis center, which shall equal the total amount of payment that is required by all end-stage renal dialysis centers. Of that base amount as stated in subparagraph I(c), each end-stage renal dialysis center required to report shall pay a fee based on the appropriate category for that end-stage renal dialysis center.
IV. The department shall adopt rules, pursuant to RSA 541-A, relative to proportional rates, fee categories, and a payment schedule.
V. There is hereby established the health care associated infections fund. The fund shall be composed of fees collected in accordance with RSA 151:36, I-II-a and shall be used to carry out the provisions of this subdivision. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of this subdivision.
VI. The commissioner shall apply for all federal funding available to supplement the health care associated infections program. In the event federal funding is unavailable to cover the program costs either in part or in its entirety, the hospitals and ambulatory surgical centers shall be responsible for paying their proportion of the fees under this chapter to support the program's operating budget.
Source.
2009, 159:1, eff. July 1, 2009. 2012, 117:3, eff. July 1, 2012. 2016, 192:2-4, eff. Aug. 2, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:37 - Definitions.

151:37 Definitions. –
In this subdivision:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Department" means the department of health and human services.
III. "Serious disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual or a loss of bodily function, if the impairment or loss lasts more than 7 days or is still present at the time of discharge from an inpatient health care facility, or loss of a body part.
IV. "Surgery" means the treatment of disease, injury, or deformity by manual or operative methods. Surgery includes endoscopies and other invasive procedures.
Source.
2009, 287:2, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:38 - Hospitals and Ambulatory Surgical Centers Required to Report Adverse Events.

151:38 Hospitals and Ambulatory Surgical Centers Required to Report Adverse Events. –
I. Any hospital or ambulatory surgical center licensed pursuant to this chapter shall report to the commissioner the occurrence of any of the adverse health care events described in subparagraphs (a) and (b) as soon as is reasonably and practically possible, but no later than 15 working days after discovery of the event. The report shall be filed in a format specified by the commissioner and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. The commissioner may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards. Events to be reported under this subdivision include:
(a) Serious reportable events and specifications published and periodically amended by the National Quality Forum, which are incorporated in this subdivision by reference. The department shall provide a link from its Internet website to the serious reportable events and specifications on the National Quality Forum Internet website and shall provide a printed copy upon request.
(b) The exposure of a patient to a non-aerosolized bloodborne pathogen by a health care worker's intentional, unsafe act. An act by hospital or ambulatory surgery center staff resulting in an infection or disease shall be considered to be purposefully unsafe if it meets all of the following criteria:
(1) There was an intentional act or reckless behavior;
(2) No reasonable person with similar qualifications, training, and experience would have acted the same way under similar circumstances; and
(3) There were no extenuating circumstances that could justify the act.
II. Following the occurrence of an adverse health care event, the facility shall conduct a root cause analysis of the event. Following the analysis, the facility shall implement a corrective action plan to implement the findings of the analysis or report to the commissioner any reasons for not taking corrective action. If the root cause analysis and the implementation of a corrective action plan are complete at the time an event must be reported, the findings of the analysis and the corrective action plan shall be included in the report of the event. The findings of the root cause analysis and a copy of the corrective action plan shall otherwise be filed with the commissioner within 60 days of the event.
III. All information and data made available to the department and its designees under this section shall be confidential and shall be exempt from public access under RSA 91-A.
Source.
2009, 287:2, eff. Jan. 1, 2010. 2013, 27:1, eff. July 15, 2013.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:40 - Penalties.

151:40 Penalties. –
Any facility which violates this subdivision for failure to file a timely adverse event report or failure to conduct a root cause analysis, to implement a corrective action plan, or to provide the findings of a root cause analysis or corrective action plan in a timely fashion shall be subject to disciplinary action under this chapter and any other appropriate sanctions under this chapter.
Source.
2009, 287:2, eff. Jan. 1, 2010. 2017, 195:18, eff. Sept. 3, 2017.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:41 - Controlled Substance Abuse, Misuse, and Diversion Prevention.

151:41 Controlled Substance Abuse, Misuse, and Diversion Prevention. –
I. Facilities and providers licensed under this chapter, with the exception of laboratories and collection stations, shall adopt a policy establishing procedures for prevention, detection, and resolution of controlled substance abuse, misuse, and diversion. The facility or provider shall establish written procedures to implement its policy that shall apply to employees, contractors, and agents of the facility who provide direct or hands on care to clients when acting within the scope of their employment or representation and shall designate an employee or interdisciplinary team of employees to be responsible for the policy.
II. The policy required under paragraph I shall include:
(a) Education of health care workers.
(b) Procedures for monitoring storage, distribution, and procurement of inventory if controlled substances are stored, dispensed, or administered at the health care setting.
(c) Procedures for voluntary self-referral by addicted employees.
(d) Procedures for co-worker reporting.
(e) Procedures for drug testing which shall include, at a minimum, testing where reasonable suspicion exists.
(f) Procedures for employee assistance.
(g) Provisions for confidentiality.
(h) A process for the investigation, reporting, and resolution of drug misuse or diversion.
(i) Consequences for violation of the drug misuse and diversion prevention policy.
Source.
2014, 36:2, eff. Aug. 25, 2014.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:42 - Definitions.

151:42 Definitions. –
In this subdivision:
I. "After-care" means any assistance provided by a caregiver to a patient under this chapter after the patient's discharge from a hospital. Such assistance includes, but is not limited to, assisting with basic activities of daily living (ADLs), instrumental activities of daily living (IADLs), or carrying out medical/nursing tasks, such as managing wound care, assisting in administering medications, and operating medical equipment.
II. "Caregiver" means any individual duly designated as a caregiver by a patient under this chapter who provides after-care assistance to a patient living in his or her residence. A designated caregiver includes, but is not limited to, a relative, partner, friend, or neighbor who has a significant relationship with the patient.
III. "Discharge" means a patient's exit or release from a hospital to the patient's residence following a hospital stay.
IV. "Entry" means a patient's entrance into a hospital for the purposes of medical care.
V. "Hospital" means a facility licensed under this chapter.
VI. "Legally designated health care decision maker" means a durable power of attorney for health care, a surrogate decision maker, or a guardian with specific authority granted by the probate court.
VII. "Residence" means a dwelling that the patient considers to be his or her home. A "residence" shall not include any licensed rehabilitation facility, hospital, nursing home, assisted living facility, or group home.
Source.
2015, 44:2, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:43 - Opportunity to Designate a Caregiver.

151:43 Opportunity to Designate a Caregiver. –
I. A hospital shall provide each patient or, if applicable, the patient's legally designated health care decision maker with at least one opportunity to designate at least one caregiver following the patient's entry into a hospital, prior to the patient's discharge or transfer to another facility, in a timeframe that is consistent with the discharge planning process.
(a) If the patient is unconscious or otherwise incapacitated upon his or her entry into a hospital, the hospital shall provide such patient or his or her legally designated health care decision maker with an opportunity to designate a caregiver within 24 hours following the patient's recovery of his or her consciousness or capacity.
(b) If the patient or the patient's legally designated health care decision maker declines to designate a caregiver, the hospital shall promptly document this in the patient's medical record, and the hospital shall be deemed to have complied with the provisions of RSA 151:43.
(c) If the patient or the patient's legally designated health care decision maker designates an individual as a caregiver:
(1) The hospital shall promptly request the written consent of the patient or the patient's legally designated health care decision maker to release medical information to the patient's designated caregiver following the hospital's established procedures for releasing personal health information and in compliance with all federal and state laws. If the patient or the patient's legally designated health care decision maker declines to consent to release medical information to the patient's designated caregiver, the hospital shall not be required to provide notice to the caregiver under RSA 151:44 or provide information contained in the patient's discharge plan under RSA 151:45.
(2) The hospital shall record the patient's designation of caregiver, the relationship of the designated caregiver to the patient, and the name, telephone number, and address of the patient's designated caregiver in the patient's medical record.
(d) A patient may elect to change his or her designated caregiver at any time, and the hospital shall record this change in the patient's medical record.
II. A designation of a caregiver by a patient or a patient's legally designated health care decision maker under this section shall not obligate any individual to perform any after-care tasks for any patient.
III. This section shall not be construed to require a patient or a patient's legally designated health care decision maker to designate any individual as a caregiver.
Source.
2015, 44:2, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:44 - Notice to Designated Caregiver.

151:44 Notice to Designated Caregiver. –
A hospital shall notify the patient's designated caregiver of the patient's discharge or transfer to another hospital or facility as soon as possible, and in any event, upon issuance of a discharge order by the physician or APRN responsible for the patient's transfer to another facility.
Source.
2015, 44:2, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:45 - Instruction to Designated Caregiver; Rulemaking.

151:45 Instruction to Designated Caregiver;  Rulemaking. –
I. As soon as possible, the hospital shall consult with the designated caregiver and the patient regarding the caregiver's capabilities and limitations and issue a discharge plan that describes a patient's after-care needs at his or her residence. At minimum, a discharge plan shall include:
(a) The name and contact information of the caregiver;
(b) A description of all after-care tasks necessary to maintain the patient's ability to reside at home, taking into account the capabilities and limitations of the caregiver; and
(c) Contact information for any health care, community resources, and long-term services and supports necessary to successfully carry out the patient's discharge plan.
II. The hospital issuing the discharge plan shall provide caregivers with instruction in all after-care tasks described in the discharge plan.
(a) At minimum, such instruction shall include:
(1) A live demonstration of the tasks performed by a hospital employee authorized to perform the after-care task, provided in a culturally competent manner and in accordance with the hospital's requirements to provide language access services under state and federal law.
(2) An opportunity for the caregiver to ask questions about the after-care tasks.
(3) Answers to the caregiver's questions provided in a culturally competent manner and in accordance with the hospital's requirements to provide language access services under state and federal law.
(b) Any instruction required under this paragraph shall be documented in the patient's medical record, including, at minimum, the date, time, and contents of the instruction.
III. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Procedures to designate and change a caregiver under RSA 151:43.
(b) Other matters necessary to effectuate the scope of this subdivision.
Source.
2015, 44:2, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:46 - Applicability; Limitations; Discharge or Transfer of Patient Unaffected.

151:46 Applicability;  Limitations;  Discharge or Transfer of Patient Unaffected. –
I. Nothing in this subdivision shall be construed to create a private right of action against a hospital, a hospital employee, or a duly authorized agent of the hospital, or to otherwise supersede or replace existing rights or remedies under any other provision of law.
II. Nothing in this subdivision shall be construed to interfere with the rights of an agent operating under a valid advance directive under RSA 137-J.
III. Nothing in this subdivision shall delay medical care, or the discharge of a patient, or the transfer of a patient from a hospital to another facility.
Source.
2015, 44:2, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:47 - Definitions.

151:47 Definitions. –
In this subdivision:
I. "Ancillary staff member" means a staff member who neither has incidental contact on a recurring basis with residents or program participants nor has supervisory responsibility over staff members who have such contact.
II. "Contracted staff member" includes independent consultants, and staff of contractors and subcontractors.
III. "Covered administrative staff member" means the senior manager of the facility or program, including administrators, as well as managerial staff members that directly supervise covered direct service staff members.
IV. "Covered direct service staff member" means a staff member whose work involves extensive contact with residents or program participants in facilities or programs serving an adult population. Such staff members may include: licensed nursing assistants, nurse aides, personal care assistants, home health or personal care aides, licensed practical nurses, licensed vocational nurses, registered nurses, social workers, activity directors, and dietary staff. Covered direct service staff members shall not include those employees who provide care solely to pediatric clients or young adults who are not at risk for Alzheimer's or related dementias.
V. "Department" means the department of health and human services.
VI. "Employed staff member" includes full and part-time employees.
VII. "Facilities or programs" means residential facilities or home and community-based programs, serving an adult population, licensed as appropriate under this chapter, that provide supportive services including, but not limited to, skilled care facilities, intermediate care facilities, assisted living facilities, residential care for the elderly, adult day programs, home health, in-home services, or adult family care homes or programs that advertise specialty memory care that have residents or program participants with Alzheimer's disease or other dementias.
VIII. "Other covered staff member" means a staff member who has incidental contact on a recurring basis with residents or program participants, which may include housekeeping staff, front desk staff, maintenance staff, other administrative staff, and other individuals who have such incidental contact.
IX. "Staff member" includes full and part-time employees, independent consultants, and staff of contractors and subcontractors.
Source.
2019, 346:366, eff. Jan. 1, 2020. 2020, 2:1, eff. Feb. 6, 2020.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:48 - Initial and Continuing Training in Dementia Required.

151:48 Initial and Continuing Training in Dementia Required. –
I. Facilities and programs shall provide initial training to:
(a) All covered employed staff members hired on or after February 1, 2020, who shall complete initial training within 90 days of the commencement of employment.
(b) All covered employed staff members who were employed prior to the date under subparagraph (a) and who have not received equivalent training; such training shall be completed within 6 months of that date.
(c) Contracted staff members, at the expense of the consultant, contractor, or subcontractor, unless the consultant, contractor, or subcontractor provides documentation of successful completion of an evaluation equivalent to that required of employed staff members in paragraph V.
II. Each facility or program shall establish a system for ongoing onsite support, supervision, and mentoring for its staff with regard to the treatment and care of persons with dementia.
III. For covered direct service staff members and covered administrative staff members, at a minimum, the curriculum used for the initial training shall be consistent with recommendations from the Center for Medicare and Medicaid Services, the National Institute for Health's National Institute on Aging or the latest nationwide Alzheimer's Association Dementia Care Practice Recommendations and, at a minimum, cover the following topics:
(a) Alzheimer's disease and dementia;
(b) Person-centered care;
(c) Assessment and care planning;
(d) Activities of daily living; and
(e) Dementia related behaviors and communication.
IV. For other covered staff members, training shall include, at a minimum, communication issues related to dementia.
V. Initial dementia training shall be considered complete only after the staff member has demonstrated related competency.
VI. No training shall be required for ancillary staff members.
Source.
2019, 346:366, eff. Jan. 1, 2020. 2020, 2:2, eff. Feb. 6, 2020.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:49 - Portability.

151:49 Portability. –
I. The facility or staff shall issue a certificate to covered staff members upon completion of initial training, which shall be portable between settings. Provided that the covered staff member does not have a lapse of dementia related direct service or administration employment for 24 consecutive months or more, the covered staff member shall not be required to repeat the initial dementia training.
II. Covered staff members shall be responsible for maintaining records of certificates received.
Source.
2019, 346:366, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:50 - Continuing Education.

151:50 Continuing Education. –
The commissioner shall adopt rules to require at least 6 hours of initial continuing education for covered administrative staff members and covered direct service staff members and shall require at least 4 hours of ongoing training each calendar year. Such continuing education shall include new information on best practices in the treatment and care of persons with dementia.
Source.
2019, 346:366, eff. Jan. 1, 2020. 2020, 2:3, eff. Feb. 6, 2020.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:51 - Requirements for Trainers; Training Costs.

151:51 Requirements for Trainers;  Training Costs. –
Persons responsible for conducting in-person dementia trainings shall meet minimum criteria including: 2 years of work experience related to Alzheimer's disease or other dementias or in health care, gerontology, or other related field; and have completed training equivalent to the requirements provided herein. Covered staff members shall not be required to bear any of the cost of training or to attend trainings and shall receive their normal compensation when attending required trainings.
Source.
2019, 346:366, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151 - Residential Care and Health Facility Licensing › Section 151:52 - Departmental Oversight.

151:52 Departmental Oversight. –
I. The department shall exercise oversight of a facility's or program's dementia training program as part of its comprehensive regulatory responsibilities. Such oversight shall:
(a) Ensure that the facility or program provides continuing education opportunities.
(b) Ensure that the facility or program uses online training programs or facility-based training that meets the requirements for dementia training in the state.
(c) Ensure compliance with any other requirements specified in this subdivision.
(d) Ensure compliance with federal regulations including 42 C.F.R. section 483.95.
(e) Permit the commissioner to grant, on a case-by-case basis, an extension for compliance with any specific provision of RSA 151:48, 151:49, or 151:50, if in the opinion of the commissioner, such an extension would be in the public interest. The commissioner of the department may adopt rules pursuant to RSA 541-A relative to procedures for such extensions.
II. The department may use all of its enforcement tools to ensure that facilities and programs comply with paragraph I.
Source.
2019, 346:366, eff. Jan. 1, 2020. 2020, 2:4, eff. Feb. 6, 2020.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:1 - Definitions.

151-A:1 Definitions. –
As used in this chapter, unless otherwise stated, the following terms shall have the respective meanings hereinafter set forth:
I. "Board" means the board of examiners of nursing home administrators of the state of New Hampshire.
II. "Secretary" means the secretary of the board of examiners of nursing home administrators of the state of New Hampshire.
III. "Nursing home administrator" means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not such individual's functions and duties are shared with one or more other individuals.
IV. "Nursing home" means any institution or facility, whether proprietary or non-proprietary, defined as a nursing home for licensing purposes pursuant to RSA 151, or the equivalent facility or facilities as defined by the secretary of the United States Department of Health, Education and Welfare.
Source.
1969, 459:1. 1977, 477:1. 1998, 137:1, eff. Aug. 7, 1998.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:2 - Nursing Home Administrator License Required.

151-A:2 Nursing Home Administrator License Required. –
No nursing home in the state may operate unless it is under the supervision of an administrator who holds a currently valid nursing home administrator's license and registration issued pursuant to this chapter. No person shall practice or offer to practice nursing home administration in this state or use any title, sign, card or device to indicate that such person is a nursing home administrator unless such person is duly licensed and registered as a nursing home administrator as required by this chapter. However, nothing in this chapter or the rules adopted under this chapter shall be construed to require an applicant for a license as a nursing home administrator who is certified by a recognized church or religious denomination which teaches reliance on spiritual means alone for healing as having been approved to administer institutions certified by such church or denomination for the care and treatment of the sick in accordance with its teachings, to demonstrate proficiency in any medical techniques or to meet any medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in such institutions.
Source.
1969, 459:1. 1977, 477:2. 1998, 137:2, eff. Aug. 7, 1998.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:3 - Board of Examiners of Nursing Home Administrators.

151-A:3 Board of Examiners of Nursing Home Administrators. –
I. There shall be a board of examiners of nursing home administrators, which board shall be composed of 9 members, as follows: Four members shall be nursing home administrators duly licensed and registered under this chapter; four members shall be selected from other professions and institutions concerned with the care of chronically ill and infirm aged patients; and one member representative of the public at large; provided, however, that no more than 2 of the members of the board shall be officials or full time employees of state or local governments; and, provided further, that less than a majority of the board shall be representatives of a single profession or institutional category. All members of the board shall be citizens of the United States or shall have declared their intent to become citizens of the United States, and shall be residents of this state. The noninstitutional members shall have no direct financial interest in any nursing home.
II.
Terms of Office. Three members of the initial board shall be appointed for a one-year term of office; 3 members of the initial board shall be appointed for a 2-year term of office; and 3 members of the initial board shall be appointed for a 3-year term of office. Thereafter, the term of office for each member of the board shall be 3 years. No member shall serve more than 2 consecutive full terms.
III.
Nominations and Appointments.
(a) Appointments to the board shall be made by the governor after consultation with the associations and societies appropriate to the disciplines and professions representative of the vacancies to be filled.
(b) Each member of the board, before beginning the member's term of office, shall receive a certificate of appointment, and shall file the constitutional oath of office.
(c) The governor may remove any examiner for misconduct, incapacity, incompetence, or neglect of duty after the examiner so charged has been served with a written statement of charges and has been given an opportunity to be heard.
(d) [Repealed.]
(e) The public member shall be a resident of the state of New Hampshire who is not, and never has been, a nursing home administrator, or the spouse of any such person. The public member shall not have, and shall never have had, a material financial interest in either the provision of nursing home administration services or an activity directly related to nursing home administration, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]
Source.
1969, 459:1. 1973, 83:1. 1977, 477:3, 4. 1985, 416:11. 1989, 337:1. 1998, 137:3, 4, eff. Aug. 7, 1998. 2010, 118:3, eff. July 1, 2010. 2015, 276:108, XVI, eff. July 1, 2015. 2021, 197:98, I and II, eff. July 1, 2021. 2023, 212:27, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:4 - Functions and Duties of the Board.

151-A:4 Functions and Duties of the Board. –
I. It shall be the function and duty of the board to:
(a) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;
(c) Issue licenses and registrations to qualified individuals and invoke disciplinary actions for violations of the provisions of licensure or practice under this chapter. The disciplinary actions may include revocation or suspension of a license or registration, imposition of a fine, or reprimand or censure of the licensee. All disciplinary proceedings by the board shall meet due process requirements for notice and hearings as provided in RSA 541-A.
(d) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards;
(e) [Repealed.]
(f) Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.
II. [Repealed.]
III. [Repealed.]
Source.
1969, 459:1. 1989, 337:2, 11, eff. Aug. 1, 1989. 2023, 212:29, I, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:4-a - Rulemaking.

151-A:4-a Rulemaking. –
The board shall adopt rules pursuant to RSA 541-A as may be necessary for the proper performance of its duties, and to take such other actions as may be necessary to enable the state:
I. To meet the requirements set forth in section 1908 of the Social Security Act and other federal requirements.
II. To establish and collect fees for examination of applicants, for temporary and emergency permits, and for transcribing and transferring records and other services.
III. To establish a schedule of fines.
IV. To establish criteria for disciplinary actions.
V. To establish standards and criteria for licensing, application and examination of applicants, and criteria for granting waivers of experience pursuant to RSA 151-A:5, II.
VI. To establish criteria for review and approval of educational requirements, including formal educational requirements for licensure or renewal and practical training requirements.
VII. [Repealed.]
Source.
1989, 337:3, eff. Aug. 1, 1989. 2014, 167:30, eff. July 1, 2014. 2023, 212:28, 29, II, eff. Oct. 3, 2023.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:5 - Qualifications for Admission to Examination.

151-A:5 Qualifications for Admission to Examination. –
The board shall admit to examination for licensure as a nursing home administrator any candidate who pays a licensing fee and submits evidence of good moral character and suitability prescribed by the board and evidence that the candidate is at least 21 years old and has completed preliminary education satisfactory to the board; provided:
I. That no applicant for licensure as a nursing home administrator shall be admitted to such licensing examination, nor shall such applicant be entitled to or be granted a license as a nursing home administrator unless such applicant shall submit written evidence, on forms provided for such purpose by the board, that the applicant has successfully completed a bachelor of science or bachelor of arts degree from an accredited school.
II. That no applicant for licensure as a nursing home administrator shall be admitted to such licensing examination, nor shall such applicant be entitled to or be granted a license as a nursing home administrator unless the applicant submits evidence satisfactory to the board that such applicant possesses such training or experience in the field of institutional administration as is required by the rules of the board, or has been granted a waiver by the board based on conditions established by rule.
Source.
1969, 459:1. 1977, 477:5. 1989, 337:4. 1998, 137:5, eff. Aug. 7, 1998. 2014, 167:31, eff. July 1, 2014. 2022, 314:10, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title XI - Hospitals and Sanitaria › Chapter 151-A - Nursing Home Administrators › Section 151-A:6 - Examinations.

151-A:6 Examinations. –
I. The board shall determine the subjects of examination for applicants for licensure as nursing home administrators, and the scope, content and format of such examinations which in any examination shall be the same for all candidates; provided, however, that such examinations shall include examination of the applicant to demonstrate the applicant's proficiency in the rules of the department of health and human services pertaining to health and safety.
II. Examinations shall be held at least 2 times each year, at such times and places as the board shall designate.
Source.
1969, 459:1. 1989, 337:5. 1995, 310:181. 1998, 137:6, eff. Aug. 7, 1998.