Section He-P 816.03 - Definitions(a) "Abuse" means any one of the following: (1) "Emotional abuse" means the misuse of power, authority, or both, verbal harassment, or unreasonable confinement which results or could result in the mental anguish or emotional distress of a student;(2) "Physical abuse" means the misuse of physical force which results or could result in physical injury to a student; and(3) "Sexual abuse" means contact or interaction of a sexual nature involving a student with or without his or her informed consent.(b) "Academic program" means a course of study, offered by the licensee, in subjects such as English, social studies, the arts, mathematics, language, and science.(c) "Administer" means "administer" as defined by RSA 318:1.(d) "Administrator" means the licensee or individual appointed by the licensee to be responsible for all aspects of the daily operation of the licensed premises.(e) "Admission" means accepted by a licensee for the provision of services to a student.(f) "Applicant" means an individual, agency, partnership, corporation, government entity, association, or other legal entity seeking a license to operate an EHC pursuant to RSA 151:2, I(a) .(g) "Area of non-compliance" means any action, failure to act, or other set of circumstances that cause a licensee to be out of compliance with RSA 151, He-P 816, or other federal or state requirements.(h) "Chemical restraint" means any medication prescribed to control a student's behavior or emotional state without a supporting diagnosis or for the convenience of personnel.(i) "Change of ownership" means a change in the controlling interest in an EHC to a successor business entity.(j) "Continuing education" means an educational program which is designed to increase the knowledge, skills, and overall effectiveness of personnel.(k) "Commissioner" means the commissioner of the New Hampshire department of health and human services, or his or her designee.(l) "Critical Incident Stress Management (CISM) " means an adaptive, short-term psychological helping-process that focuses solely on an immediate and identifiable problem. Its purpose is to enable people to return to their daily routine more quickly and with less likelihood of experiencing post-traumatic stress disorder.(m) "Days" means calendar days unless otherwise specified in the rule.(n) "Department" means the New Hampshire department of health and human services.(o) "Direct care personnel" means any person providing hands-on care or services to a student.(p) "Directed plan of correction" means a plan developed and written by the department that specifies the actions the licensee must take to correct areas of non-compliance.(q) "Educational health center (EHC) " means a facility that provides health care services to students of a residential educational institution, including but not limited to, private schools and colleges.(r) "Educational institution" means an established institution, other than an institution operated by a government entity, whose purpose is to impart knowledge or skills.(s) "Emergency plan" means a document outlining the responsibilities of personnel in an emergency.(t) "Exploitation" means the illegal use of a 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 person through the use of undue influence, harassment, duress, deception, or fraud.(u) "Guardian" means the parent of a student under the age of 18 or a person appointed under RSA 463.(v) "Guideline" means a written statement that specifies the assessment and treatment to be provided to a student of the EHC for a specific medical condition.(w) "Incident Command System (ICS) " means a standardized on-scene emergency management system specifically designed to provide for the adoption of an integrated organizational structure that reflects the complexity and demands of single or multiple incidents, without being hindered by jurisdictional boundaries. ICS is the combination of facilities, equipment, personnel, procedures, and communications operating within a common organizational structure, designed to aid in the management of resources during incidents.(x) "Infectious waste" means those items specified by Env-Wm 2604.(y) "Inspection" means the process followed by the department to determine an applicant's or a licensee's compliance with RSA 151 and He-P 816 or to respond to allegations of non-compliance with RSA 151 or He-P 816.(z) "License" means the document issued by the department to an applicant at the start of operation as an EHC which authorizes operation in accordance with RSA 151 and He-P 816, and includes the name of the licensee, the name of the business, the physical address, the license category, the effective date, and the license number. (aa) "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 for which the EHC is licensed.(ab) "Licensed practitioner" means a:(2) Physician's assistant;(3) Licensed advanced practice registered nurse (APRN);(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.(ac) "Licensed premises" means the facility that comprises the physical location the department has approved for the licensee to conduct operations in accordance with its license.(ad) "Licensee" means any person or legal entity to which a license has been issued pursuant to RSA 151 and He-P 816.(ae) "Licensing classification" means the specific category of services authorized by a license.(af) "Mechanical restraint" means locked, secured, or alarmed EHCs or units within an EHC, or anklets, bracelets, or similar devices that cause a door to automatically lock when approached, thereby preventing a student from freely exiting the EHC or unit within.(ag) "Medical director" means a physician licensed in New Hampshire in accordance with RSA 329, or an APRN licensed in accordance with RSA 326-B, who is responsible for overseeing the quality of medical care and services at the EHC.(ah) "Medication" means a substance available with or without a prescription, which is used as a curative or remedial substance.(ai) "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 student.(aj) "Nurse" means a person licensed in accordance with RSA 326-B as either an APRN, registered nurse (RN), or a licensed practical nurse (LPN) .(ak) "Orders" means written prescriptions, instructions for treatments, special diets, or therapies given by a licensed practitioner.(al) "Patient rights" means the privileges and responsibilities possessed by each student provided by RSA 151:21.(am) "Personnel" means individual(s), either paid or volunteer, including independent contractors, who provide direct or indirect care or services, or both, to a student(s) .(an) "Physical restraint" means the use of hands-on or other physically applied technique to physically limit the student's freedom of movement, which includes but is not limited to forced escorts, holding, prone restraints, or other containment techniques.(ao) "Plan of correction (POC) " means a plan developed and written by the licensee, which specifies the actions that will be taken to correct areas of non-compliance with applicable rules or codes identified at the time of a clinical or life safety code inspection conducted pursuant to RSA 151:6-a or during the course of a complaint investigation conducted pursuant to RSA 151:6.(ap) "Pro re nata (PRN) medication" means medication taken as circumstances may require in accordance with licensed practitioner's orders.(aq) "Procedure" means a licensee's written, standardized method of performing duties and providing services.(ar) "Reportable incident" means an occurrence of any of the following while the student is either in the EHC or in the care of EHC personnel: (1) The unanticipated death of the student; or(2) An injury to a student 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 student.(as) "Student" means any person enrolled at the educational institution, or any faculty, staff, or visitor of the educational institution, who is admitted to or is in any way receiving care, services, or both from an EHC licensed in accordance with RSA 151 and He-P 816.(at) "Student record" means the documentation of all care and services, which includes all documentation required by RSA 151, He-P 816, and any other federal and state requirements.N.H. Admin. Code § He-P 816.03
#5516, eff 11-25-92; ss by #5984, eff 2-4-95; ss by #6895, INTERIM, eff 11-26-98, EXPIRED: 3-26-99
New. #9193, eff 6-26-08
Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #11199, Effective 10/14/2016, Expires 4/12/2017.Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12197, Effective 6/2/2017, Expires 6/2/2027.