He-C 500

CHAPTER He-C 500 PUBLIC HEALTH AND SAFETY

PART He-C 501 SCHEDULING OF SUBSTANCES

Statutory Authority: RSA 318-B:1-a, I

He-C 501.01 Purpose. The purpose of these rules is to outline the procedures for adding, deleting, or rescheduling substances by the department of health and human services (DHHS) in accordance with RSA 318-B.

Source. #6743, eff 4-30-98; EXPIRED: 4-30-06

New. #8637, eff 5-26-06; ss by #10660, eff 8-23-14

He-C 501.02 Definitions.

(a) “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

(b) “Controlled drug analog” means “controlled drug analog” as defined in RSA 318-B:1, VI-a.

(d) “Department” means “department” as defined in RSA 318-B:1, VII-a.

(e) “Substance” means any matter which has a chemical constitution.

Source. #6743, eff 4-30-98; EXPIRED: 4-30-06

New. #8637, eff 5-26-06; ss by #10660, eff 8-23-14

He-C 501.03 Scheduling of Substances.

(a) Substances that are designated, rescheduled, or deleted as controlled drugs or controlled drug analogs pursuant to 21 CFR 1308.11-15 shall be recognized as a controlled substance by the commissioner in accordance with RSA 318-B:1-a, V.

(b) If the commissioner does not object to the inclusion, rescheduling, or deletion of a substance under federal law within 30 days from publication in the federal register of a final order designating a substance as a controlled substance or rescheduling or deleting a substance, such final order shall become immediately effective under RSA 318-B.

(c) If the commissioner wishes to designate, reschedule, or delete a substance other than as described in (a) above, the commissioner shall:

(1) Comply with RSA 318-B:1-a, I-III; and

(2) Hold a public hearing as described in He-C 501.04.

(d) If the commissioner objects to the designation, rescheduling, or deletion of a substance under federal law, then the substance shall be designated, rescheduled, or deleted from the state schedule in accordance with RSA 318-B:1-a, V, after:

(1) A public hearing has been held as described in He-C 501.04; and

(2) The commissioner’s final decision is published as described in He-C 501.05.

(e) Publication of the controlled substances schedules of the department shall be in accordance with RSA 318-B:1-a, VIII.

Source. #6743, eff 4-30-98; EXPIRED: 4-30-06

New. #8637, eff 5-26-06; ss by #10660, eff 8-23-14

He-C 501.04 Public Notice and Hearings.

(a) In accordance with RSA 318-B:1-a, III and V, a public hearing shall be held to obtain public comment from all interested parties when the commissioner wishes to:

(1) Add, delete, or reschedule substances from the state schedule of controlled substances; or

(2) Object to the inclusion, rescheduling, or deletion of a substance under federal law.

(b) Notice of the public hearing shall be provided to the regulatory boards and professional organizations for all entities and professions as listed in RSA 318-B:1-a, III, for distribution to their registrants or members, including:

(1) The pharmacy board;

(2) The board of medicine;

(3) The board of veterinary medicine;

(4) The board of podiatry;

(5) The board of nursing;

(6) The board of registration in optometry;

(7) The board of dental examiners; and

(8) Any other board or state agency, or professional entity or organization, as determined by the commissioner, that has an interest in the controlled substance schedule and would want to attend the public hearing.

(d) The public hearing shall not be held earlier than 21 days after the publication of the notice in (b) above.

(e) The notice described in (b) above shall include the following information for public hearings held pursuant to (a)(1) above:

(1) The substance(s) to be scheduled, rescheduled, or deleted;

(2) A brief explanation of the reasons(s) why the substance is to be scheduled, rescheduled, or deleted from the state schedule;

(3) The time, place, and date of the hearing; and

(4) The date of the deadline for submission of written comments.

(f) The notice described in (b) above shall include the following information for public hearings held pursuant to (a)(2) above:

(1) The substance(s) to be scheduled, or rescheduled, or deleted from the state schedule;

(2) The current federal schedule of the substance or an indication that it is not currently scheduled on the federal controlled substance list;

(3) A brief explanation of the reason(s) why the department is objecting to the federal scheduling of the substance or the inaction of the federal government to schedule a substance;

(4) The time, place, and date of the hearing; and

(5) The date of the deadline for submission of written comments.

(g) Oral or written testimony regarding the proposed scheduling shall be taken at the public hearing by a department representative.

(h) The public hearing shall be recorded.

(i) All arguments for or against the proposed scheduling shall be taken into consideration by the commissioner during his/her review of the hearing recording and all written testimony prior to his/her final decision.

(j) The commissioner shall publish his/her final decision as described in He-C 501.05.

Source. #6743, eff 4-30-98; EXPIRED: 4-30-06

New. #8637, eff 5-26-06; ss by #10660, eff 8-23-14

He-C 501.05 Publication of State Schedule of Controlled Substances. All substances scheduled by the commissioner pursuant to He-C 501 shall be published as follows:

(a) By providing a copy of the schedule to the regulatory boards and professional organizations described in He-C 501.04(b) for distribution to their registrants or members; and

(b) By publishing the schedule on the department’s web site, http://www.state.nh.us/dhhs.

Source. #6743, eff 4-30-98; EXPIRED: 4-30-06

New. #8637, eff 5-26-06; ss by #10660, eff 8-23-14

PART He-C 502 SYRINGE SERVICE PROGRAMS

Statutory Authority: RSA 318-B:43

He-C 502.01 Purpose. The purpose of this part is to define the following entities that may register to operate a syringe services program in New Hampshire to prevent the transmission of disease and reduce morbidity and mortality among individuals who inject drugs, and those individuals' contacts.

Source. #12624, eff 9-26-18

He-C 502.02 Definitions.

(a) “AIDS service organization” means those agencies providing case management and support services to people living with HIV/AIDS.

(b) “Community based organization” means a legal entity, public or private nonprofit, that is representative of a community or significant segment of a community, and engaged in meeting human, health, educational, environmental, or public safety community needs.

(c) “Community health center” means a health center as defined under Section 330 of the Public Health Service Act but does not receive grant funding through the Health Center Program.

(d) “Federally qualified health center” means a health center as defined in section 1905(l)(2)(B) of the Social Security Act, 42 U.S.C. section 1396d(l)(2)(B).

(e) “Public health network” means a Regional Public Health Network contracted through the Department of Health and Human Services.

(f) “Substance misuse support or treatment organization” means organizations with the primary purpose to treat substance use disorders delivered in a variety of settings using levels of care defined by the American Society of Addiction Medicine.

Source. #12624, eff 9-26-18

PARTS He-C 503 through He-C 504 - RESERVED

PART He-C 505 CRIMINAL RECORDS AND CENTRAL REGISTRY CHECK FOR CERTAIN APPLICANTS

Statutory Authority: RSA 170-G:8-c, IV

He-C 505.01 Purpose.

(a) The rules in this part describe the procedures to be followed by the department of health and human services (DHHS) in reviewing information on new, transferring or contract staff members of DHHS whose job descriptions would cause them to come into direct contact with children. The names of these individuals will be reviewed against the state central registry of founded child abuse and neglect reports as well as state police criminal records information.

(b) These rules further the department’s commitment to support families and ensure the protection of children and the communities in which they live.

Source. #7407, eff 11-21-00, EXPIRED: 11-12-08

He-C 505.02 Definitions.

(a) “Applicant” means any person, including any current or prospective state employee, who is selected for any position in DHHS through any application process, including hiring, promotion, transfer, contract, or demotion.

(b) “Central registry” means the central registry of founded reports of child abuse and neglect as established by and defined under RSA 169-C:35.

(d) “Criminal records” means information relative to conviction for felonies, misdemeanors, or violations maintained by the New Hampshire division of state police as provided for under RSA 106-B:14.

(e) “Director” means the administrator of human resources for DHHS or his or her designee.

Source. #7407, eff 11-21-00, EXPIRED: 11-12-08

He-C 505.03 Conditional Offers of Employment for Certain Positions.

(a) For those applicants who have been selected for positions which require direct contact with children as specified in the department’s official job description, any offer of employment made prior to receipt of the results of the central registry and criminal records check shall be a conditional offer of employment.

(b) The condition of employment shall be deemed satisfied only upon one of the following:

(1) Verification from the department of safety, division of state police, that the individual has no criminal record as specified in He-C 505.02(d), and verification from the division for children, youth and families (DCYF) that the applicant’s name does not appear on the central registry as the subject of a founded report of child abuse or neglect; or

(2) A determination pursuant to the provisions of these rules that the applicant does not pose a threat to the safety of children despite the criminal record or central registry information.

Source. #7407, eff 11-21-00, EXPIRED: 11-12-08

He-C 505.04 Procedure for Obtaining Criminal Records from Division of State Police.

(a) For each position that requires direct contact with children as specified in the department’s official job description, the current criminal records release authorization form from the division of state police shall be attached to each application for employment and completed by the applicant before submitting the application.

(b) The criminal records release authorization form shall be signed by the applicant and notarized in accordance with RSA 106-B:14, I(c).

(d) Upon receipt of the completed criminal records release authorization form, the director shall submit the form for review by the central repository for criminal records maintained at the New Hampshire division of state police.

(e) The submission of the form to the central repository shall occur within 15 business days after a conditional offer of employment is made.

Source. #7407, eff 11-21-00, EXPIRED: 11-12-08

He-C 505.05 Procedure for Obtaining Central Registry Information from DCYF.

(a) For each position that requires direct contact with children as specified in the department’s official job description, the following information shall be included in the application for employment in order to obtain central registry information before the application is considered:

(1) Name;

(2) Birth name;

(3) Date of birth;

(4) Address; and

(5) A specific authorization for the director to receive any information which may be contained in the state central registry of founded child abuse and neglect reports which has been:

a. Signed and dated by the applicant; and

b. Witnessed.

(b) The authorization shall be forwarded by the director to the DCYF central registry administrator who determines whether the applicant is listed in the registry as having been the subject of a founded report of child abuse or neglect.

(c) If the applicant is not listed in the central registry, DCYF shall mark the form “no match” and return it to the director.

(d) If the applicant is listed in the central registry as the subject of a founded report of child abuse or neglect, the form shall be marked as a “match” and returned to the director.

(e) The central registry information shall be returned within 15 business days after a conditional offer of employment is made.

Source. #7407, eff 11-21-00, EXPIRED: 11-12-08

He-C 505.06 Procedure When Criminal or Central Registry History Exists. When an applicant has a criminal record or is the subject of a central registry match as described in He-C 505.04 and He-C 505.05, the following shall occur:

(a) The director in consultation with the hiring authority, the administrator of the central registry and the child protection administrator for the DCYF shall conduct an investigation as to whether the applicant poses a risk of danger to children in the position for which the individual has applied or is currently working;

(b) The investigation shall include the following:

(1) A review of the information, specifics and the circumstances of the criminal record or the finding of child abuse or neglect;

(2) An examination of the nature of the position in connection with the existence and frequency of contact with children with the possibility of altering the position so that the applicant will not be in contact with children;

(3) A determination whether an alternative position might be available for the applicant if contact with children is deemed necessary to perform the requirements for the position; and

(4) When the applicant is currently a DHHS employee, a review of other options if the individual will be unavoidably in contact with children, such as demotion, transfer or terminating employment;

(c) The applicant shall be provided, at minimum, with the opportunity to present evidence to the investigators and to show that he/she does not pose a threat to children.

(d) If, after investigation, the director determines that the individual is unsuitable for the position in question, the director shall:

(1) Deny employment to the applicant; or

(2) When the applicant is currently a DHHS employee, terminate, suspend, demote, or transfer the individual, or allow the individual to remain in the current position pending implementation of an approved corrective action plan, according to the following circumstances:

a. Terminate the employee if the individual’s skills and qualifications do not meet the department's requirements in any other position which does not include contact with children;

b. Terminate the employee when the applicant currently holds a position involving contact with children and the criminal records or central registry check reveals a criminal record or finding of child abuse or neglect;

c. Terminate the employee if, after the individual has transferred into the new position pursuant to He-C 505.03:

1. A criminal history record or finding of child abuse or neglect is discovered; and

2. The position previously held by the employee has been filled;

d. Suspend the employee without pay if there is the possibility of obtaining another position in another location or office that does not involve contact with children, and that position will become available within 3 months;

e. Demote the employee if there is a position available in another location or office which does not involve contact with children but is a lower labor grade;

f. Transfer the employee when there is a position which does not involve contact with children in another DHHS location or office for which the employee qualifies;

g. If the applicant currently holds a position that does not involve contact with children, allow that individual to remain in the current position; and

h. If the applicant currently holds a position that involves contact with children, and the department determines that the nature of the crime committed does not warrant action permitted under He-C 505.06(d)(l) or (2)a.-f., the applicant shall be permitted to remain in the position provided that the applicant develops and implements a corrective action plan in accordance with the provisions set forth below:

1. A description of the nature of the crime committed; and

2. A statement as to what steps the applicant has taken to address that behavior.

(e) For applicants who submitted a corrective action plan pursuant to (d)(2)h. above, if the department determines the corrective action plan is insufficient to prevent a recurrence of the previous criminal behavior, the department shall take further action based on (d)(2)a.-h.

Source. #7407, eff 11-21-00, EXPIRED: 11-12-08

He-C 505.07 Confidentiality.

(a) All applicant and employee information obtained under this part shall be subject to department of personnel rules regarding confidentiality pursuant to Per 1500, except as specified in (b) below.

(b) In accordance with RSA 170-G:8-c, VII and RSA 106-B:14, prior to transfer of an employee’s personnel records to any other state department, any information obtained from the division of state police or central registry shall be destroyed.

Source. #7407, eff 11-21-00, EXPIRED: 11-12-08

APPENDIX

RULE	STATUTE

He-C 501.01 through He-C 501.03	RSA 318-B:1-a
He-C 501.04	RSA 318-B:1-a, III
He-C 501.05	RSA 318-B:1-a, III
He-C 502.01	RSA 318-B:43, I
He-C 502.02	RSA 318-B:43, I
He-C 505.02	RSA 170-G:8-c, I, II, III and VI
He-C 505.03	RSA 170-G:8-c, IV
He-C 505.04	RSA 170-G:8-c, I and II
He-C 505.05	RSA 170-G:8-c, I and III
He-C 505.06	RSA 170-G:8-c, IV and V
He-C 505.07	RSA 170-G:8-c, VII