Section He-P 805.03 - Definitions(a) "Abuse" means any one of the following: (1) "Emotional abuse" means the misuse of power, authority, or both, verbal harassment, or confinement which results or could result in the mental anguish or emotional distress of residents;(2) "Physical abuse" means the misuse of physical force which results or could result in physical injury to residents; or(3) "Sexual abuse" means contact or interaction of a sexual nature involving residents without his or her informed consent.(b) "Activities of daily living (ADL) " means basic daily routine tasks such as eating, transferring, toileting, bathing, dressing, and medication management.(c) "Addition" means an increase in the building area, aggregate floor area, building height, or number of stories of a structure.(d) "Administer" means an act whereby one or more doses of a medication is instilled into the body, applied to the body of, or otherwise given to a person for immediate consumption or use by an individual authorized by law, including RSA 318-B and RSA 326-B.(e) "Administrative remedy" means an action imposed upon a licensee in response to non-compliance with RSA 151 and He-P 805.(f) "Administrator" means the licensee or individual appointed by the licensee to be responsible for all aspects of the daily operation of the licensed premise.(g) "Admission" means the point in time when a resident, who has been accepted by a licensee for the provision of services, physically moves into the facility.(h) "Agent" means an adult to whom authority to make health care decisions is delegated under an activated durable power of attorney for health care executed in accordance with RSA 137-J.(i) "Applicant" means an individual, agency, partnership, corporation, government entity, association, or other legal entity seeking a license to operate an SRHCF pursuant to RSA 151.(j) "Assessment" means an evaluation of the resident to determine the care and services that are needed.(k) "Care plan" means a written guide developed by the licensee, in consultation with the resident and/or guardian, agent or personal representative, if applicable, as a result of the assessment process for the provision of care and services as required by He-P 805.16(d) - (j) .(l) "Change of ownership" means the transfer of the controlling interest of an established SRHCF to any individual, agency, partnership, corporation, government entity, association or other legal entity.(m) "Chemical restraints" means any medication prescribed to control a resident's behavior or emotional state without a supporting diagnosis, or without the presence of a hospice plan of care, or for the convenience of program personnel.(n) "Core services" means those services provided by the licensee that are included in the basic rate.(o) "Commissioner" means the commissioner of the New Hampshire department of health and human services, or his or her designee.(p) "Days" means calendar days unless otherwise specified in the rule.(q) "Deficiency" means any action, failure to act or other set of circumstances that cause a licensee to be out of compliance with RSA 151 or He-P 805 or other federal and state requirements.(r) "Department" means the New Hampshire department of health and human services at 129 Pleasant Street, Concord, NH 03301.(s) "Direct care" means the provision of hands on care and services to a resident.(t) "Directed plan of correction" means a plan developed and written by the department that specifies the actions the licensee must take to correct identified deficiencies.(u) "Elopement" means when a resident who is cognitively, physically, mentally, emotionally, and/or chemically impaired and is no longer making decisions on their own behalf, wanders away, walks away, runs away, escapes, or otherwise leaves a caregiving facility or environment unsupervised, unnoticed, and/or prior to their scheduled discharge.(v) "Emergency plan" means a document outlining the responsibilities of personnel in an emergency.(w) "Exploitation" means the illegal use of a resident's person or property for another person's profit or advantage, or the breach of a fiduciary relationship through the use of a person or person's property for any purpose not in the proper and lawful execution of a trust, including, but not limited to, situations where a person obtains money, property, or services from a resident through the use of undue influence, harassment, duress, deception, or fraud.(x) "Guardian" means a person appointed in accordance with RSA 464-A to make informed decisions relative to the resident's health care and other personal needs.(y) "Health care occupancy" means facilities that provide sleeping accommodations for individuals who are incapable of self-preservation.(z) "Household member" means the caregiver, all family members and any other individuals age 17 or older, other than residents, that reside at the licensed premises for more than 30 days.(aa) "Infectious waste" means those items specified by Env-Wm 2604.01.(ab) "In-service" means an educational program, which is designed to increase the knowledge, skills, and overall effectiveness of personnel.(ac) "Inspection" means the process followed by the department to determine an applicant's or a licensee's compliance with RSA 151 and He-P 805 or to respond to allegations of non-compliance with RSA 151 and He-P 805.(ad) "License" means the document issued to an applicant at the start of operation as an SRHCF which authorizes operation in accordance with RSA 151 and He-P 805, and includes the name of the licensee, the name of the business, the physical address, the license category, the effective date and license number.(ae) "License certificate" means the document issued by the department to an applicant or licensee that, in addition to the information contained on a license, includes the name of the administrator, the type(s) of services authorized and the number of beds that the SRHCF is licensed for.(af) "Licensed practitioner" means a: (2) Physician's assistant;(3) Advanced practice registered nurse;(4) Doctor of osteopathy;(5) Doctor of naturopathic medicine; or(6) Any other practitioner with diagnostic and prescriptive powers licensed by the appropriate state licensing board.(ag) "Licensed premises" means the building that comprises the physical location that the department has approved for the licensee to conduct operations in accordance with its license.(ah) "Licensee" means any person or other legal entity to which a license has been issued pursuant to RSA 151.(ai) "Licensing classification" means the specific category of services authorized by a license.(aj) "Mechanical restraint" means locked, secured and/or alarmed SRHCFs or units within an SRHCF, or anklets, bracelets or similar devices that cause a door to automatically lock when approached, thereby preventing a resident from freely exiting the SRHCF or unit within.(ak) "Medication" means a substance available with or without a prescription, which is used as a curative or remedial substance.(al) "Modification" means: (1) The reconfiguration of any space;(2) The addition, relocation, or elimination of any door or window;(3) The addition or elimination of load-bearing elements;(4) The reconfiguration or extension of any system; or(5) The installation of any additional equipment.(am) "Neglect" means an act or omission that results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional or physical health and safety of a resident.(an) "Notice to correct" means a report issued pursuant to RSA 151:6-a, II, following a life safety inspection when a facility is found to be out of compliance with applicable life safety rules or codes.(ao) "Nursing care plan" means a written guide developed by a nurse in consultation with the resident and/or guardian, agent, or personal representative, that lists the interventions necessary to meet the resident's nursing needs.(ap) "One and 2 family dwelling unit" means one- and 2-family dwellings, which shall include those buildings containing not more than 2 dwelling units in which each dwelling unit is occupied by members of a single family with not more than 3 outsiders, if any, accommodated in rented rooms.(aq) "Orders" means prescriptions, instructions for treatments, special diets or therapies given by a licensed practitioner, or other professional with prescriptive powers.(ar) "Over-the-counter medications" means medications for which a prescription is not required.(as) "Patient rights" means the privileges and responsibilities possessed by each resident provided by RSA 151:21.(at) "Performance based design" means an engineering approach to fire protection design and construction based on: (1) Established fire safety goals and objectives;(2) Deterministic and probabilistic analysis of fire scenarios; and(3) Quantitative assessment of design alternatives against the fire safety goals and objectives using accepted engineering tools, methodologies, and performance criteria.(au) "Personal assistance" means providing or assisting a resident in carrying out activities of daily living.(av) "Personal representative" means a person designated in accordance with RSA 151:19, V to assist the resident for a specific, limited purpose or for the general purpose of assisting the resident in the exercise of any rights.(aw) "Personnel" means individual(s) employed by the SRHCF.(ax) "Physical restraint" means the use of hands-on or other physically applied technique to physically limit the resident's freedom of movement, which includes but are not limited to forced escorts, holding, prone restraints or other containment techniques.(ay) "Plan of correction (POC) " means a plan developed and written by the licensee, which specifies the actions that will be taken to correct noncompliance with applicable rules or codes identified at the time of a clinical or life safety inspection conducted pursuant to RSA 151:6-a or during the course of a complaint investigation conducted pursuant to RSA 151:6.(az) "Pro re nata (PRN) medication" means medication taken as circumstances may require.(ba) "Procedure" means a licensee's written, standardized method of performing duties and providing services.(bb) "Protective care" means the provision of resident monitoring services, including but not limited to: (1) Knowledge of resident whereabouts; and(2) Minimizing the likelihood of accident or injury.(bc) "Reconstruction" means the reconfiguration of a space: (1) That affects an exit or a corridor shared by more than one occupant space; or(2) Such that the rehabilitation work area is not permitted to be occupied because existing means of egress and fire protection systems, or their equivalent, are not in place or continuously maintained.(bd) "Renovation" means the replacement in kind or strengthening of load-bearing elements, or the refinishing, replacement, bracing, strengthening, or upgrading of existing materials, elements, equipment, or fixtures, without involving the reconfiguration of spaces.(be) "Repair" means repair, other than the patching, restoration, or painting of materials, elements, equipment, or fixtures for the purpose of maintaining such materials, elements, equipment, or fixtures in good or sound condition.(bf) "Reportable incident" means an occurrence of any of the following while the resident is either in the SRHCF or in the care of SRHCF personnel: (1) The unanticipated death of the resident;(2) An injury to a resident, that is of a suspicious nature of potential abuse or neglect under circumstances where the injury was not observed by any person or the cause of the injury could not be explained by the resident; or(3) The elopement or unexplained absence of a resident from the SRHCF.(bg) "Resident" means any person admitted to or in any way receiving care, services or both who resides in a SRHCF.(bh) "Resident assessment tool (RAT) " means the document developed by the department to assess the needs of a resident or potential resident as required by RSA 151:5-a, I.(bi) "Residential board and care", as defined in NFPA 101 of the fire code, means a facility where residents are provided with personal care and activities that foster continued independence and residents are trained and required to respond to fire drills to the extent they are able. These facilities are further grouped as "small", 4-16 beds or "large", over 16 beds.(bj) "Residential care facility", as defined in NFPA 101 of the fire code, means a long term care residence providing personal assistance at the residential care level pursuant to RSA 151:9, VII(a) (1) .(bk) "Resident record" means a separate file maintained for each resident, which includes all documentation required by RSA 151 and He-P 805 and as required by other federal and state law.(bl) "Respite care" means the admission of a person from his or her primary residence to an SRHCF, on either a planned or emergency basis, for a period not to exceed 30 days in order to relieve the primary caregiver from the demands of providing home-based care.(bm) "Self administration with assistance" means the resident takes his or her own medication(s) after being prompted by personnel, but without requiring physical assistance from others.(bn) "Self administration without assistance" means an act whereby the resident takes his or her own medication(s) without the assistance of another person.(bo) "Self directed medication administration" means an act whereby a resident, who has a physical limitation that prohibits him or her from self-administering, directs personnel to physically assist in the medication process.(bp) "Service" means a specific activity performed by the licensee, either directly or indirectly, to benefit or assist a resident.(bq) "Severe mobility impairment" means the ability to move to stairs but without the ability to use them.(br) "Significant change" means a change in cognitive or physical capabilities that decreases a resident's ability to care for himself beyond an episodic event.(bs) "State monitoring" means the placement of individuals by the department at an SRHCF to monitor the operation and conditions of the facility.(bt) "Stock medication" means over-the-counter medication available for use by more than one resident.(bu) "Supported residential health care facility (SRHCF) " means a long-term care residence providing personal assistance at the supported residential care level pursuant to RSA 151:9, VII(a) (2) .(bv) "Therapeutic diet" means a diet ordered by a licensed practitioner or other licensed professional with prescriptive authority as part of the treatment for disease, clinical conditions, or increasing or decreasing specific nutrients in the food consumed by the resident.(bw) "Unexplained absence" means an incident involving a resident leaving the premises of the SRHCF without the knowledge of the SRHCF personnel in a manner that is contrary to their normal routine.(bx) "Written and signed orders" means a document, produced electronically or via paper, by a licensed practitioner for medications, treatments, recommendations, and referrals, and signed by the licensed practitioner using terms such as authorized by, authenticated by, approved by, reviewed by or any other term that denotes approval by the licensed practitioner.N.H. Admin. Code § He-P 805.03
#2261, eff 1-17-83; ss by #3193, eff 1-28-86; ss by #5317, EMERGENCY, eff 1-29-92, EXPIRED: 5-28-92
New. #5513, eff 11-25-92; ss by #5665, eff 7-14-93; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #8746, eff 10-25-06
Amended byVolume XXXV Number 18, Filed May 7, 2015, Proposed by #10813, Effective 4/21/2015, Expires4/21/2025.