Section He-M 201.02 - Definitions The words and phrases used in these rules shall mean the following:
(a) "Abuse" means an act or omission by an employee, consultant or volunteer of an institution that: (2) Harms or threatens to harm a client's physical, mental or emotional health or safety; and(3) Includes emotional abuse, physical abuse, and sexual abuse.(b) "Client" means a person receiving services at a state institution.(c) "Commissioner" means the commissioner of the department of health and human services.(d) "Complaint investigator" means an employee of a state institution who is designated by the commissioner and is responsible for conducting investigations of complaints of alleged rights violations, including investigations of abuse, neglect, or exploitation in accordance with RSA 161-F:46, II and 49, I and II and other rights violations.(e) "Department" means the department of health and human services.(f) "Emotional abuse" means: (1) The misuse of power, authority or both;(2) Verbal harassment; or(3) Unreasonable confinement that results or could result in mental anguish or emotional distress of a client.(g) "Employee" means an employee of a state institution.(h) "Exploitation" means: (1) The use of a client's person or property for another's profit or advantage; or(2) Breach of a fiduciary relationship through improper use of a client's person or property including situations where a person obtains money, property, or services from a client through undue influence, harassment, duress, deception, or fraud.(i) "Finding" means a decision made by a complaint investigator pursuant to He-M 201.03(c) that an allegation of abuse, neglect, or exploitation of a client by an employee has been substantiated.(j) "Incapacitated" means "incapacitated" as defined in RSA 161-F:43, VII.(k) "Institution" means New Hampshire hospital or Glencliff home for the elderly.(l) "Neglect" means an act of omission that results or could result in the deprivation of essential services necessary to maintain the minimum mental, emotional, or physical health of a client.(m) "Physical abuse" means the use of physical force that results or could result in physical injury to a client.(n) "Sexual abuse" means contact or interaction of a sexual nature involving a client and an employee of, or a consultant or volunteer for, an institution.N.H. Admin. Code § He-M 201.02
#4924, eff 8-24-90, EXPIRED 8-24-96
New. #6981, eff 4-22-99; ss by #8847, INTERIM, eff 4-16-07, EXPIRED: 10-13-07
New. #9058, eff 1-3-08, EXPIRED: 1-3-16