Section He-M 204.02 - Definitions(a) "Abuse" means an act or omission by an employee, subcontracted service provider, consultant, student, intern or volunteer of a program which is not accidental and harms or threatens to harm an individual's physical, mental or emotional health or safety and includes emotional abuse, physical abuse, and sexual abuse.(b) "Administrator" means the chief administrator for the bureau of mental health services of the department of health and human services.(c) "Agency" means a facility, community mental health program, community mental health provider, or any of their subcontracted service providers.(d) "Agency director" means the person responsible for the overall administration or operation of a CMHP, community mental health provider, peer support agency, emergency shelter, or facility or his or her designee.(e) "Bureau of mental health services (BMHS) " means the bureau of mental health services of the department of health and human services.(f) "Coercion" means an act by an employee, subcontracted service provider, student, intern, or volunteer, which is designed to compel an individual to act in clear opposition to the preference of the individual excluding involuntary admissions, revocations of conditional discharge, the imposition of emergency treatment, and as otherwise prescribed by law or rule.(g) "Commissioner" means the commissioner of the department of health and human services or his or her designee.(h) "Community mental health program (CMHP) " means "community mental health program" as defined in RSA 135-C:2, IV.(i) "Community mental health provider" means a medicaid provider of community mental health services that has been approved by the commissioner to provide specific mental health services pursuant to He-M 426.(j) "Complaint" means: (1) Any allegation or assertion that a right of an individual as set forth in He-M 309, rights of persons receiving mental health services in the community, or He-M 311, rights of persons in state mental health facilities, have been violated; or(2) Any allegation or assertion that the department or an agency has acted in an illegal or unjust manner with respect to an individual or category of individuals.(k) "Complaint investigator" means the person who is designated by office of client and legal services or a facility to investigate, resolve or take other appropriate action on complaints.(l) "Complaint manager" means a person designated by the community mental health program or the community mental health provider who is responsible for receiving, managing, and resolving complaints in accordance with these rules.(m) "Department" means the New Hampshire department of health and human services.(n) "Emotional abuse" means any of the following when the act results, or is likely to result in the mental anguish or emotional distress of an individual: (1) The misuse of power, authority or both;(3) Unreasonable confinement.(o) "Exploitation" means the use of an individual's person or property for another's profit or advantage, or breach of a fiduciary relationship through improper use of an individual's person or property, including situations where a person obtains property or services from an individual through undue influence, harassment, deception, fraud, or duress.(p) "Facility" means New Hampshire hospital, Glencliff home, or any other treatment program designated under RSA 135-C:26.(q) "Facility administrator" means the chief executive officer at New Hampshire hospital, or administrator at Glencliff home, or any other treatment program designated under RSA 135-C:26.(r) "Founded" means that the facts indicate that the rights of an individual under He-M 309, or He-M 311 were violated.(s) "Guardian" means a person appointed by the court pursuant to RSA 464-A:9 to have care and custody of an individual, or the parent or legal custodian of a minor child.(t) "Individual" means a consumer as defined by He-M 401 or a client as defined in He-M 311, who has applied for, has been found eligible for, or is receiving state-funded services from an agency, or peer support agency, or a guardian acting on his or her behalf.(u) "Neglect" means an act or omission which results or is likely to result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of an individual.(v) "Office of client and legal services (OCLS) " means the client and legal services section of the department established by RSA 171-A:19 to, in part, assist the commissioner in responding to complaints by or on behalf of persons with mental illness.(w) "Physical abuse" means the use of physical force which results or is likely to result in physical injury to an individual.(x) "Restraint" means: (1) Any drug or medication when it: a. Is used as a restriction to manage an individual's behavior or restrict the individual's freedom of movement; andb. Is not a standard treatment or dosage for the individual's condition, in that its overall effect reduces an individual's ability to effectively or appropriately interact;(2) Any manual method, physical or mechanical device, material or equipment that immobilizes an individual or reduces the ability of an individual to move his or her arms, legs, head, or other body parts freely but does not include devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of an individual, if necessary, for the purpose of:a. Conducting routine physical examinations or tests;b. Protecting the individual from falling out of bed; orc. Permitting the individual to participate in activities without the risk of physical harm; or(3) "Restraint" as defined in RSA 126-U:1, IV when the individual is a child as defined in RSA 126-U:1,I.(y) "Seclusion" means: (1) The involuntary confinement of an individual who:a. Is placed alone in a room or area from which the individual is physically prevented, by lock or person, from leaving; andb. Cannot or will not make an informed decision to agree to such confinement; or(2) "Seclusion" as defined in RSA 126-U:1, V-a when the individual is a child as defined in RSA 126-U:1,I.(z) "Sexual abuse" means contact or interaction of a sexual nature between an individual and an employee of, a consultant, or a volunteer for a program.(aa) "Unfounded" means that the facts do not indicate that the rights of an individual under He-M 309, or He-M 311 were violated.(ab) "Unreasonable confinement" means any confinement which is neither medically necessary nor necessary for the protection of a person or to prevent harmful behavior, or confinement used with punitive intent.N.H. Admin. Code § He-M 204.02
(See Revision Note at part heading for He-M 204) #5868, eff 7-15-94, EXPIRED 7-15-00
New. #9850, eff 1-20-11
Amended by Volume XXXIX Number 10, Filed March 7, 2019, Proposed by #12731, Effective 2/22/2019, Expires 8/21/2019.Amended by Volume XXXIX Number 41, Filed October 10, 2019, Proposed by #12878, Effective 9/25/2019.The amended version of this section by New Hampshire Register Number 37, eff. 7/30/2024 is not yet available.