Section He-M 311.02 - Definitions(a) "Abuse" means an act or omission by an employee, consultant or volunteer of a mental health facility or designated receiving facility 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) "Attorney" means a member of the New Hampshire Bar Association who is retained, employed, or appointed by a court to represent an individual.(c) "Bureau" means the bureau of behavioral health within the department of health and human services.(d) "Client" means "individual" as defined in (l) below.(e) "Community residence" means a residence, exclusive of any independent living arrangement, that: (1) Provides residential services in accordance with He-M 426 for at least one individual with a mental illness;(2) Provides services based on the needs identified in a resident's individual service plan (ISP) ;(3) Is operated directly by a facility or by contract or agreement between a facility and another entity;(4) Serves individuals whose services are funded by the department; and(5) Is certified pursuant to He-M 1002.(f) "Department" means the department of health and human services.(g) "Direct care" means services provided to individuals including, but not limited to: assistance with medication, accompanying an individual to a treatment team or other clinical meeting, or providing ongoing direct and active support.(h) "Emotional abuse" means the misuse of power, authority or both, verbal harassment, or unreasonable confinement which results or could result in mental anguish or emotional distress of an individual.(i) "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 money, property, or services from an individual through undue influence, harassment, deception, or fraud.(j) "Facility" means New Hampshire hospital, Glencliff home, and any receiving facility so designated by the commissioner pursuant to RSA 135-C:26.(k) "Guardian" means a person appointed under RSA 463, or RSA 464-A, or who is a parent of an individual under the age of 18 whose parental rights have not been terminated or limited by law in such a way as to remove the person's right to make health care decisions on behalf of the individual.(l) "Individual" means: A person who is receiving or applying for a service from a facility. The term includes "client."(m) "Informed decision" means "informed decision" as defined in RSA 135-C:2, IX namely, "a choice made by a client, an individual, or person seeking to be admitted who has the ability to make such a choice and who makes it voluntarily after all relevant information necessary to making the decision has been provided, and who understands that he or she is free to choose or refuse any available alternative, and who clearly indicates or expresses his or her choice. The choice shall be free from all coercion." The term also includes such decision of an individual, as defined in He-M 311.02(l) above, and the individual's legal guardian, where appropriate, based on the same factors as an informed decision by an individual or person seeking to be admitted.(n) "Mental illness" means "mental illness" as defined in RSA 135-C:2 X, namely, "a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It does not include impairment primarily caused by: (b) intellectual disability;(c) continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or(d) dependence upon or addiction to any substance such as alcohol or drugs."(o) "Neglect" means an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health of an incapacitated adult. The term also includes neglect toward an individual.(p) "Physical abuse" means the use of physical force which results or could result in physical injury to an individual.(q) "Program" means any public or private corporation, person or organization which provides services to individuals with a mental illness or intellectual disability when such services are funded in whole or in part or are operated, monitored or regulated by the bureau.(r) "Service" means any evaluation, training, counseling, therapy, habilitation, case management, or other type of assistance, medical care, or treatment provided by a facility.(s) "Service delivery system" means those facilities and programs funded, in whole or in part, operated, monitored, or regulated by the bureau.(t) "Sexual abuse" means contact or interaction of a sexual nature between an individual and an employee of or a consultant or volunteer for a facility.(u) "Treatment" means "treatment" as defined in RSA 135-C:2, XVI, namely, "examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to individuals in the mental health services system. Treatment shall not include examination or diagnosis for the purpose of determining the need for involuntary emergency admissions pursuant to RSA 135-C:27-33 or involuntary admissions pursuant to RSA 135-C:34-54." The term includes treatment provided to individuals in the mental health system.N.H. Admin. Code § He-M 311.02
#4414, eff 4-27-88; ss by #5095, eff 3-15-91, EXPIRED: 3-15-97
New. #6759, eff 5-27-98; ss by #8641, INTERIM, eff 5-27-06, EXPIRES: 11-23-06; ss by #8758, eff 11-17-06
Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10707, Effective 11/15/2014, Expires5/14/2015.Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10820, Effective 4/23/2015, Expires4/23/2025.The amended version of this section by New Hampshire Register Number 37, eff. 7/30/2024 is not yet available.