Section He-M 1201.02 - Definitions(a) "Acquired brain disorder" means a disruption in brain functioning that: (1) Is not congenital or caused by birth trauma;(2) Presents a severe and life-long disabling condition, which significantly impairs a person's ability to function in society;(3) Occurs prior to age 60;(4) Is attributable to one or more of the following reasons: a. External trauma to the brain as a result of:1. A motor vehicle incident;4. Another related traumatic incident or occurrence;b. Anoxic or hypoxic injury to the brain such as from:1. Cardiopulmonary arrest;2. Carbon monoxide poisoning;c. Infectious diseases such as encephalitis and meningitis;f. Cerebrovascular disruption such as a stroke;h. Other neurological disorders such as Huntington's disease or multiple sclerosis which predominantly affect the central nervous system; and(5) Is manifested by: a. Significant decline in cognitive functioning and ability; or b. Deterioration in: 4. Modulation of mood; or5. Awareness of deficits.(b) "Administration" means an act whereby a single dose of a drug is instilled into the body of, applied to the body of, or otherwise given to an individual by an authorized provider for immediate consumption or use.(c) "Area agency" means an entity established as a non-profit corporation in the state of New Hampshire which is designated by the bureau administrator to provide services to persons with developmental disabilities and acquired brain disorders in a geographic area in accordance with RSA 171-A:18 and He-M 505.(d) "Authorized provider" means a person who meets the requirements of He-M 1201.06 and is employed by, has a contract with, or receives any form of remuneration from a provider agency, individual, or family to deliver services to an individual pursuant to He-M 1001, He-M 507, He-M 518, He-M 521, He-M 524, or He-M 525, as applicable.(e) "Bureau" means the bureau of developmental services of the department of health and human services.(f) "Bureau administrator" means the chief administrator of the bureau of developmental services or his or her designee.(g) "Competent" means having the knowledge, judgment, and skills necessary to perform safe medication administration and other nursing-related activities in accordance with Nur 404.(h) "Controlled drug" means a drug which is included in schedule I, II, III, IV, or V of part B of the Controlled Substances Act, 21 U.S.C. 811-812.(i) "Department" means the New Hampshire department of health and human services.(j) "Developmental disability" means "developmental disability" as defined in RSA 171-A: 2, V, namely, "a disability:(a) Which is attributable to an intellectual disability, cerebral palsy, epilepsy, autism, or a specific learning disability, or any other condition of an individual found to be closely related to an intellectual disability as it refers to general intellectual functioning or impairment in adaptive behavior or requires treatment similar to that required for persons with an intellectual disability; and(b) Which originates before such individual attains age 22, has continued or can be expected to continue indefinitely, and constitutes a severe handicap to such individual's ability to function normally in society."(k) "Family residence" means a residence that is:(1) Operated by a person or family residing therein; and(2) Under contract with a provider agency.(l) "Individual" means a person with a developmental disability or acquired brain disorder who receives services from an area agency.(m) "Frail health" means an acute or chronic medical condition that results in the inability of the individual to perform activities of daily living or daily routines which the individual previously had the ability to perform, and which has been identified by a nurse trainer to require ongoing monitoring to guard against deterioration.(n) "Guardian" means the parent of a child under the age of 18 whose parental rights have not been terminated under RSA 170-C or a person appointed to be guardian of the individual under RSA 464-A.(o) "Licensed person" means one of the following persons, who are licensed or registered in the state of New Hampshire:(2) A licensed practical nurse;(3) An advanced practice registered nurse;(6) A physician assistant;(p) "Medical director" means the medical director of the bureau or his or her designee.(q) "Medication" means a drug prescribed for an individual by a prescribing practitioner, including drugs to be taken on a pro re nata (PRN) basis and over-the-counter drugs.(r) "Medication error" means any deviation in the administration of a medication as prescribed or in the documentation of such administration, with the exception of an individual's refusal.(s) "Medication log" means a written record of medications prescribed for, and administered to, an individual.(t) "Medication order" means: (1) Written directions provided by a prescribing practitioner for a specific drug to be administered to an individual; or(2) Verbal directions provided by a prescribing practitioner to a licensed person for a specific drug to be administered to an individual.(u) "Nurse trainer" means a registered nurse subject to the nursing scope of practice outlined in RSA 326B and related administrative rules who has been designated as a trainer pursuant to He-M 1201.10.(v) "Nursing-related activities" means tasks that relate to an individual's health care and are delegated by a licensed nurse to an unlicensed person, when the tasks: (1) Are routine in nature;(2) Do not require the judgment of a nurse; and(3) Raise no expectation that the individual's symptoms, vital signs, or reactions to medications will suddenly change.(w) "PRN medication" means a drug ordered to be taken as needed under specific conditions.(x) "Prescribing practitioner" means a licensed professional with prescriptive authority, including the following:(2) Advanced practice registered nurse (A.P.R.N.);(4) Physician's assistant;(y) "Provider" means a person who is employed by, has a contract with, or receives any form of remuneration from a provider agency, individual, or family to deliver services to an individual pursuant to He-M 1001, He-M 507, He-M 518, He-M 521, He-M 524, or He-M 525 as applicable.(z) "Provider agency" means an area agency or an entity under contract with an area agency that is responsible for provision of services to individuals.N.H. Admin. Code § He-M 1201.02
(See Revision Note at part heading for He-M 1201) #4809, eff 5-1-90; amd by #5246, eff 10-8-91; ss by #6000, eff 3-21-95; ss by #7836, INTERIM, eff 3-22-03, EXPIRES: 9-18-03; ss by #7956, eff 9-19-03; ss by #9982, eff 9-19-11
Amended by Volume XXXIX, Number 41, Filed October 10, 2019, Proposed by #12876, Effective 9/25/2019, Expires 3/23/2020.Amended by Volume XL Number 28, Filed July 9, 2020, Proposed by #13057, Effective 6/17/2020, Expires 6/17/2030