Find & Ask New Hampshire › this rule

N.H. Rev. Stat. Ann. (RSA) 151:2-d - Criminal Record Check Required

New HampshirestatuteNew Hampshire Department of Health and Human Services (licensing under RSA ch. 151); NH State Police (record checks)

What this rule requires your agency to do

  • 1The provider must submit, with its initial application for licensure or certification, the results of a criminal records check for the applicant, the licensee/certificate holder, the administrator, and each household member 17 years of age or older residing at the facility, and for each new such household member for the duration of licensure. (RSA 151:2-d, I)(N.H. Rev. Stat. Ann. (RSA) 151:2-d - Criminal Record Check Required)
  • 2A staffing agency supplying temporary or per diem personnel must conduct the required criminal records check before offering the services of such staff to the licensed provider. (RSA 151:2-d)(N.H. Rev. Stat. Ann. (RSA) 151:2-d - Criminal Record Check Required)
  • 3Where a licensed nursing assistant works conditionally pending check results, the provider must limit such conditional employment to no more than 90 days and ensure the person works under direct supervision after providing written attestation of no disqualifying history. (RSA 151:2-d)(N.H. Rev. Stat. Ann. (RSA) 151:2-d - Criminal Record Check Required)
  • 4The provider must obtain a criminal records check for every employee and volunteer who has or will have direct contact with clients. (RSA 151:2-d)(N.H. Rev. Stat. Ann. (RSA) 151:2-d - Criminal Record Check Required)
  • 5The provider (employer) must review the results of the criminal history records check before making a final offer of employment to a prospective employee. (RSA 151:2-d)(N.H. Rev. Stat. Ann. (RSA) 151:2-d - Criminal Record Check Required)
  • 6The provider/licensee must bear the cost of the criminal records checks, though it may require applicants to pay the actual expense of their own check. (RSA 151:2-d)(N.H. Rev. Stat. Ann. (RSA) 151:2-d - Criminal Record Check Required)

Applies to: home care / home health (home health care providers licensed under RSA 151 and He-P 809)

RSA 151:2-d requires every applicant for and holder of a license/certification under RSA chapter 151 (which includes home health care providers) to obtain and submit criminal records checks for the licensee, administrator, adult household members, and all employees and volunteers with direct client contact, and to review criminal history before making a final offer of employment. Temporary/per diem staffing agencies must conduct checks before supplying staff, with a limited 90-day conditional-employment provision for licensed nursing assistants meeting specified conditions.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.