Current through Register No. 50, December 12, 2024
Section He-M 614.02 - Definitions(a) "Certificate" means the document completed by a certifying practitioner 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.(b) "Certifying practitioner" means a licensed practitioner who has been approved by either a DRF or a CMHP to have the expertise and qualifications to complete an IEA certificate in accordance with RSA 135-C:28, I, and placed on a list of certifying practitioners by the commissioner.(c) "Commissioner" means the commissioner of the department of health and human services.(d) "Community mental health program" (CMHP) means "community mental health program" as defined in RSA 135-C:2, IV. The term includes the term "community mental health provider".(e) "Designated receiving facility" (DRF) means a "receiving facility" as defined in RSA 135-C:2, XIV and includes NHH pursuant to RSA 135-C:26.(f) "Incapacitated" means that a person, as a result of the use of alcohol or substances, is in a state of intoxication, or mental confusion resulting from withdrawal, such that: (1) The person appears to need medical care or supervision to assure his or her safety; or(2) The person appears to present a direct active or passive threat to the safety of others.(g) "Informed decision" means an "informed decision" as defined by RSA 135-C:2, IX.(h) "Intoxicated" means a condition in which the mental or physical functioning of an individual is substantially impaired as a result of the presence of alcohol or substances in his or her system.(i) "Involuntary admission" means an order of involuntary commitment made pursuant to RSA 135-C:34-54 by a probate court.(j) "Involuntary emergency admission (IEA)" means admission to the state mental health system on an involuntary, emergency basis, pursuant to RSA 135-C:27-33, of a person who is in such mental condition as a result of a mental illness as to pose a likelihood of harm to self or others.(k) "Licensed practitioner" means a physician, physician's assistant (PA), or advance practice registered nurse (APRN) licensed to practice in this state.(l) "Mental health program" means any program in which mental health services are performed to treat someone with a mental health concern.(m) "Mental illness" means "mental illness" as defined in RSA 135-C:2, X.(n) "Minor" means any person under the age of 18 years.(o) "Parent" means a biological or adoptive legal custodian of a minor, or a person or agency appointed as a guardian of the person of a minor.(p) "Petition" means a written document that requests the IEA of a person and that is completed in accordance with the requirements in RSA 135-C:27-28.(q) "Petition and certificate" means the entire document entitled "Petition and Certificate for Involuntary Emergency Admission (IEA)" created by the State of New Hampshire, Judiciary Branch, Form NHJB-2826-D, (03/17/2022).(r) "Petitioner" means any individual who has petitioned for an examination of a person for the purpose of an IEA, which may include a certifying practitioner who has conducted or caused to be conducted an examination or completed a certificate for purposes of IEA.N.H. Admin. Code § He-M 614.02
Amended by Volume XLII Number 14, Filed April 7, 2022, Proposed by #13350, EMERGENCY RULE, Effective 3/16/2022, Expires 9/12/2022 (EMERGENCY).Derived from Volume XLII Number 45, Filed November 10, 2022, Proposed by #13456, Effective 10/6/2022, Expires 10/6/2032.