New Hampshire’s Dementia Care Training Law
RSA 151 RESIDENTIAL CARE AND HEALTH FACILITY LICENSING
Dementia Training for Direct Care Staff in Residential Facilities
Section: 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.
Section: 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.
Section: 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.
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.
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.
Section: 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.