Section He-M 613.02 - Definitions(a) "Absolute discharge" means the complete and unconditional discharge of an individual from NHH.(b) "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."(c) "Certificate" means the certificate of a physician or an APRN pursuant to RSA 135-C:28, I, stating that the person to be admitted meets the criteria for IEA specified in RSA 135-C:27.(d) "Certifying practitioner" means a physician or an APRN who issues a certificate of involuntary emergency admission in accordance with RSA 135-C:28, I.(e) "Commissioner" means the commissioner of the department of health and human services.(f) "Community mental health program" (CMHP) means "community mental health program" as defined in RSA 135-C:2, IV, namely, "a program established and administered by the state, city, town, or county, or a nonprofit corporation for the purpose of providing mental health services to the residents of the area and which minimally provides emergency, medical or psychiatric screening and evaluation, case management, and psychotherapy services."(g) "Conditional discharge" means "conditional discharge" as defined in RSA 135-C:2, V, namely, "the release of an involuntarily admitted person from a receiving facility on the condition that the person accept treatment in the community or be subject to readmission."(h) "Director" means the director of the bureau of behavioral health of the department of health and human services.(i) "District court" means the state court that has the authority pursuant to RSA 135-C:20 to conduct probable cause hearings for involuntary emergency admissions and order an evaluation of a minor pursuant to RSA 169-B:20, RSA 169-B:21, I, RSA 169-C:16, III, and RSA 169-D:14, III. The term also includes the term "circuit court - district court division" which is a state court located in each county of New Hampshire with a district, probate, and family court division.(j) "Informed decision" means a choice made voluntarily by a patient or person for whom admission is sought 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.(k) "Involuntary admission" means admission of a person to a receiving facility on an involuntary basis by order of the probate court pursuant to RSA 135-C:34-54.(l) "Involuntary emergency admission" (IEA) means admission to a receiving facility on an involuntary, emergency basis, pursuant to RSA 135-C:27-33, of an individual who is in such mental condition as a result of a mental illness as to pose a likelihood of harm to self or others.(m) "Least restrictive alternative" means the program or service which least inhibits a person's freedom of movement, participation in the community, and informed decision-making while achieving the purposes of treatment.(n) "Medical director" means the person responsible for providing oversight and advice regarding the clinical services and treatment within the state mental health services system.(o) "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: (2) Intellectual disability;(3) Continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or(4) Dependence upon or addiction to any substance such as alcohol or drugs."(p) "Minor" means any person under the age of 18 years.(q) "Parent" means a biological or adoptive parent who has legal custody of a minor, including either parent if custody is shared, or a person or agency appointed as a guardian of the person of a minor.(r) "Petition" means a request for the involuntary admission of a person completed in accordance with RSA 135-C:36.(s) "Physician" means "physician" as defined in RSA 135-C:2, XII, namely, "a medical doctor licensed to practice in New Hampshire."(t) "Preadmission screening" means a review of a nursing home applicant conducted prior to admission pursuant to He-M 1302 that allows the department to confirm the applicant's diagnosis, identify the necessary level of care, and determine the need for specialized services.(u) "Probate court" means the state circuit court - probate division which has authority to preside over civil commitment and guardianship proceedings.(v) "Psychiatric disorder" means a mental disorder classified in the Diagnostic and Statistical Manual of Mental Disorders, fifth edition, (DSM-5), published by the American Psychiatric Association, with the exception of intellectual disability, organic mental disorders, substance abuse disorders, adjustment disorders, and Z codes.(w) "Psychiatrist" means "psychiatrist" as defined in RSA 135-C:2, XIII, namely, "a physician licensed to practice in New Hampshire who is either board-certified or board-eligible according to the most recent regulations of the American Board of Psychiatry and Neurology, Inc., or its successor organization."(x) "Receiving facility" means "receiving facility" as defined in RSA 135-C:2, XIV, namely, "a treatment facility which is designated by the commissioner to accept for care, custody and treatment persons involuntarily admitted to the state mental health services system."(y) "Severe personality disorder" means a mental disorder classified in the DSM-V and characterized by personality traits which are inflexible, maladaptive, and cause a severe degree of either functional impairment or subjective distress.(z) "Skilled nursing facility" means a medical facility which provides skilled nursing and rehabilitation services for a limited period of time following inpatient hospital care. (aa) "Superintendent" means the chief administrative officer of NHH.(ab) "Transitional housing services" (THS) means a residential and rehabilitative program that assists people with mental illness who have been discharged from NHH to adjust to living in a non-institutional, community-based setting.(ac) "Voluntary admission" means admission to NHH subsequent to the documented consent of the person being admitted or his or her legal guardian.(ad) "Z codes" means DSM-5 categories that describe clinically-related conditions of a person that are not directly attributable to a mental illness but might interfere with treatment of that illness or otherwise have an effect on the person's ability to carry out functions of daily living.N.H. Admin. Code § He-M 613.02
#4838, eff 6-15-90, EXPIRED: 6-15-96
New. #7050, eff 6-29-99, EXPIRED: 6-29-07
New. #9191, eff 6-26-08
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11183, Effective 9/20/2016, Expires 9/20/2026.