Section He-M 305.02 - Definitions(a) "Advance practice registered nurse (APRN) " means advanced practice registered nurse as defined in RSA 135-C:2, II-a, namely, "an advanced practice registered nurse licensed by the board of nursing who is certified as a psychiatric mental health nurse practitioner by a board-recognized national certifying body."(b) "CMS regional office" means the office of the U.S. Department of Health and Human Services, Branch Chief, Survey and Enforcement Branch, Centers for Medicare & Medicaid Services, Room 2275, John F. Kennedy Federal Building, Boston, Massachusetts 02203.(c) "Child" means "child" as defined in RSA 126-U:1, I.(d) "Department" means the department of health and human services.(e) "Facility" means New Hampshire hospital, Glencliff home for the elderly, or any other treatment program designated under RSA 135-C:26(f) "Individual" means a person receiving services from a facility.(g) "Informed decision" means a choice made voluntarily by an individual or applicant for services or, where appropriate, such person's legal guardian, after all relevant information necessary to making the choice has been provided, when:(1) The person understands that he or she is free to choose or refuse any available alternative;(2) The person clearly indicates or expresses his or her choice; and(3) The choice is free from all coercion.(h) "Nursing staff" means a registered or licensed practical nurse or other care provider working under the direct supervision of a registered nurse.(i) "Personal safety emergency" means a physical status or a mental status and an act or pattern of behavior of an individual which, if not treated immediately, will result in serious physical harm to the individual or others.(j) "Physician" means a medical doctor licensed in the state of New Hampshire who is employed by, consultant to, or otherwise under contract with a facility.(k) "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; or(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) The term restraint means "restraint" as defined in RSA 126-U:1, IV as applied to a person who has not reached 18 years of age, or who is otherwise a child as defined by RSA 126-U:1, I.(l) "Seclusion" means the involuntary confinement of an individual who: (1) With regard to a person who is 18 or older: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) The term "seclusion" as defined in RSA 126-U:1, V-a as applied to a person who has not reached 18 years of age, or who is otherwise a child as defined by RSA 126-U:1, I.(m) "Training" means provision of education to staff, based on the specific needs of the individual population, resulting in demonstrated knowledge and documented competency.(n) "Treatment" means medical or psychiatric care, excluding seclusion or restraint, provided by a physician, or a person acting under the direction of a physician, in accordance with generally accepted clinical and professional standards.N.H. Admin. Code § He-M 305.02
#3095, eff 8-19-85; EXPIRED: 8-19-93
New. #5204, eff 8-22-91, EXPIRED: 8-22-97
New. #7183, eff 12-24-99, EXPIRED: 12-24-07
New. #9120, eff 4-3-08, EXPIRED: 4-3-16
New. #11102, INTERIM, eff 5-25-16, EXPIRED: 11-21-16
New. #12077, eff 12-28-16
Amended by Volume XXXVI Number 23, Filed June 9, 2016, Proposed by #11102, Effective 5/25/2016, Expires 11/21/2016.Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12077, Effective 12/28/2016, Expires 12/28/2026.The amended version of this section by New Hampshire Register Number 37, eff. 7/30/2024 is not yet available.