Elderly & Adult Services State Registry
The Bureau of Elderly and Adult Services (BEAS) State Registry is a database containing information on founded reports of abuse, neglect or exploitation of vulnerable adults by a paid or volunteer caregiver, guardian, or agent acting under the authority of a power of attorney (POA) or any durable power of attorney (DPOA). The creation and maintenance of the Registry is required under New Hampshire’s Adult Protection Law (RSA 161-F:49).
Effective July 1, 2007, the New Hampshire Statute RSA 161-F:49 requires that all employers of programs that are licensed, certified, or funded by the NH Department of Health and Human Services to provide services, submit the name of prospective employees, contractors, consultants or volunteers who may have client contact for review against the registry of founded reports of abuse, neglect, and exploitation of vulnerable adults.
A BEAS State Registry Consent Form must be completed and submitted to the State Registry before a prospective employee is hired. After receipt of a complete Consent Form, the State Registry will inform the employer whether a prospective employee is or is not on the registry. The completed consent form will be processed and returned to the employer as soon as possible and within five (5) business days from the date it was received. Please keep in mind the turnaround time when submitting these forms in order to prevent delay in hiring.
- BEAS State Registry Consent Form - to be initiated by the employer of prospective employees to request a review of the registry.
- BEAS State Registry Consent Form - Employer Instructions
- BEAS State Registry Consent Form - Employee Instructions
- BEAS GM-23-14 - BEAS State Registry Update
- BEAS State Registry Overview and Q&A Presentation - May 10, 2023
If you have any questions about the Department's responsibilities to administer the BEAS State Registry, please contact the BEAS State Registry by telephone at (800) 852-3345, extension 8154 or (603) 271-8154, or via e-mail at BEASStateRegistry@dhhs.nh.gov. Individual employers with questions about their responsibilities under the Statute may wish to seek legal advice from their own legal counsel.
Who can access the State Registry to check if an individual’s name is on it?
The State Registry is not public information and is confidential. Any employer that is licensed, certified or funded through the NH Department of Health & Human Services (DHHS) and provides services to vulnerable adults must submit form 3655, “BEAS State Registry Consent Form” before hiring a prospective employee. Any person designating another to act as an agent on his or her behalf- as a POA or DPOA- can submit a consent form to check the individual’s name. Any person hiring or employing a paid or volunteer caregiver, consultant or contractor directly to provide personal care services can submit a consent form to check the individual’s name.
Can I check to see if I am listed on the Registry?
Yes, you can. You will need to submit a BEAS Consent Form through DocuSign online or you may call (603) 271-8154 with questions.
As an employer, should I submit the consent form as I consider offering employment to an individual?
An offer of employment should be imminent before submitting the consent form.
As an employer, how would I submit consent forms for volunteers/prospective employees who are under 18 years of age?
You can submit the consent form for individuals under the age of 18. However, the consent form must be signed by his or her parent or guardian and their role indicated on the form.
As an employer, can I get information over the telephone?
No information is given over the telephone. A signed and witnessed consent form from the prospective employee must be submitted. Since DocuSign is a secure process and is interactive with the perspective employee and employer, a witness for the employee signature is not needed in this process.
Can Employment Agencies check the State Registry?
No, Employment agencies are considered third party agencies. The employer that will be hiring the individual must submit the consent form directly.
May I designate another person to act under the authority of a Power of Attorney (POA) or Durable Power of Attorney (DPOA) if that person’s name is on the Registry? For example, if I, as an individual, want to name my daughter as my POA and she is on the Registry, can I still name her as my POA?
Yes. However, if an individual is on the Registry, you should examine their fitness to serve as your agent under a POA or DPOA.
Is there a charge for submitting a consent form?
There is no charge for submitting a consent form to the State Registry.
How often should an employer submit an individual’s name to check to see if their name has been entered onto the registry?
An individual’s name need only be checked once upon employment. However, there is a process for appealing a founded report, and during the appeal process, the individual’s name will not be entered on the Registry. Therefore, it would be prudent to check employees’ names periodically.
If I am a contractor providing services through a larger employer/agency, can I submit the consent forms for someone moving into my home?
No, the employer that contracts with you must submit the consent form
What if the form comes back with a positive check, can I hire the individual?
No, if your agency is licensed, certified or funded through the NH Department of Health and Human Services unless your agency requests and obtains a waiver from the Department as explained in #14 below.
Yes, if you are an individual hiring or employing a paid or volunteer caregiver, consultant or contractor directly to provide personal care services. Although you can hire the person, it is a red flag if they are on the Registry.
As an employer, if I hire an individual and check his or her name periodically, and I am notified of a positive check, must I terminate the individual?
No, you do not have to terminate the individual’s employment. However, if you are notified by the State Registry Office of a positive check, you must take immediate action to ensure the safety of the people in your care. This action may include, but not be limited to: providing more training for the individual, reassignment, probationary employment and/or ensuring that the individual has more direct supervision when working with the people in your care.
For employers who are licensed, certified or funded through DHHS, are there any exceptions to the requirement that the individual cannot be hired if his or her name is on the registry?
The employer can request a waiver to this requirement from the NH DHHS, and if the waiver is granted, may hire the individual. Additional information on the waiver process can be obtained by calling the State Registry Office at (603) 271-8154.
How long will it take to process the consent form?
Although RSA 161-F:49 III (b) allows five (5) business days to process a registry check, every attempt is made to complete forms as soon as possible. Please keep in mind the turnaround time when submitting these forms in order to prevent delay in hiring.
How will I receive the processed consent form?
The consent form will be processed through DocuSign and the completed form will appear in the employer's email folder.
Why is an individual’s name placed on the Registry?
An individual’s name is placed on the Registry when BEAS has investigated a report that the individual abused, neglected or exploited a vulnerable adult, and has determined that the report is founded. The Bureau notifies the individual of this finding by letter. The individual must have been a paid or volunteer caregiver, guardian, or agent acting under the authority of a POA or any DPOA when the abuse or exploitation occurred.
Do I have the right to appeal the decision to put my name on the Registry?
Yes, once you have received the founded determination letter, you have 10 business days from the date of the letter to request an appeal through the NH Department of Health and Human Services (NH DHHS) Administrative Appeals Unit. If the decision is upheld, your name will go on the Registry. If the decision is overturned, your name will not go on the Registry.
Do I have the right to appeal the decision that the Administrative Appeals Unit upheld?
Yes, you may file a petition in the 6th Circuit Court-Probate Division, located in Concord, NH, to review the Appeal Unit’s final decision, which will be issued to you in writing. Your petition must be filed within 30 days of the date of the final decision. Your name will not be entered on the Registry while the petition is being considered.
Once a name is entered on the Registry, how long does it remain there?
A name remains on the Registry for 7 years.
Under what circumstances can a name be removed from the Registry before the seven-year period has expired?
After one year, an individual can request an expungement through the Circuit Court, Probate Division, where the individual resides or where the abuse, neglect or exploitation occurred. Form # NHJB-2619-P “Petition to Expunge” can be downloaded. If the expungement is not granted, the individual must wait three years before petitioning again.
How can I check the status of a consent form?
- Check with the employee to verify that they received and completed the form.
- If employee did not receive the form
- Verify email address
- Ask that they check Junk and Spam folders
- If employee did not receive the form
- If employee has completed the form and it has been at least five (5) days since it was completed, reach out to BEAS Registry
NOTE: Calling BEAS Registry prior to five(5) days of employee completing the form and submitting duplicate forms will cause delays in response time.