Section He-P 817.03 - 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 clients;(2) "Physical abuse" means the misuse of physical force which results or could result in physical injury to clients; and(3) "Sexual abuse" means contact or interaction of a sexual nature involving clients with or without his or her informed consent.(b) "Administrator" means the licensee or an individual appointed by the licensee who has responsibility for all aspects of the daily operations of the collection station.(c) "Applicant" means an individual, agency, partnership, corporation, federal, state, county, or local government entity, association, or other legal entity seeking a license for the operation of a collection station pursuant to RSA 151:2, I(c) .(d) "Change of ownership" means a change in the controlling interest of an established collection station to a successor business entity.(e) "Client" means any person admitted to or in any way receiving care, services, or both from a collection station licensed in accordance with RSA 151 and He-P 817.(f) "Client record" means the documentation of all care and services, which includes all documentation required by RSA 151 and He-P 817 and any other applicable federal and state requirements.(g) "Collection station" means any building, place, or mobile collection station van used for the purpose of receiving or obtaining specimens from the human body for laboratory examination.(h) "Commissioner" means the commissioner of the NH department of health and human services, or his or her designee.(i) "Deficiency" 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 817, or other federal and state requirements.(j) "Department" means the New Hampshire department of health and human services.(k) "Directed plan of correction" means a plan developed and written by the department that specifies the necessary actions the licensee must take to correct identified deficiencies.(l) "Emergency plan" means a document outlining the responsibilities of personnel in an emergency.(m) "Exploitation" means the illegal use of a client'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 client through the use of undue influence, harassment, duress, deception or fraud.(n) "Inspection" means the process used by the department to determine an applicant's or a licensee's compliance with RSA 151 and He-P 817 or to respond to allegations of non-compliance with RSA 151 and He-P 817.(o) "Investigation" means the process used by the department to respond to allegations of non-compliance with RSA 151 and He- P 817.(p) "Licensed premises" means the facility that comprises the physical location, including mobile collection station vans, that the department has approved for the licensee to conduct operations in accordance with its license. It does not include the private residence of a client receiving services from an agency licensed under the authority of RSA 151.(q) "Licensee" means any person or other legal entity to which a license has been issued pursuant to RSA 151 and He-P 817.(r) "Licensing classification" means the specific category of services authorized by a license.(s) "Mobile collection station van" means a vehicle capable of traveling under its own power or being towed from site to site and which is fully equipped to meet all the requirements specified in section He-P 817.21.(t) "Neglect" means an act or omission, which results, or could result, in the deprivation of essential services necessary to maintain the mental, emotional, or physical health and safety of a client.(u) "Owner" means a person or organization who has controlling interest in the collection station.(v) "Personnel" means individual(s), either paid or volunteer, including independent contractors, who provide direct care or services to a client.(w) "Plan of correction (POC) " means a plan developed and written by the licensee, which specifies the actions that will be taken to correct non-compliance 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.(x) "Procedure" means a licensee's written, standardized method of performing duties and providing services.(y) "Qualification" means education, experience, and skill requirements specified by the federal government, state government, an accredited professional review agency, or by policy of the licensee.(z) "Reportable incident" means an occurrence of an error, a negative outcome, or an accident, which occurs while the client is in the care of the licensee, and has resulted in injury that requires examination or treatment by a licensed practitioner. (aa) "Specimen" means a portion of tissue, body fluid, or material from a human body.(ab) "Statement of findings" means a document issued by the department following an inspection or investigation identifying areas in which the licensee is not in compliance with He-P 817 or RSA 151 and which sets forth the evidence that supports the findings of noncompliance.N.H. Admin. Code § He-P 817.03
#5775, eff 1-24-94, EXPIRED: 1-24-00
New. #8410 eff 8-19-05; ss by #8853, eff 3-24-07
Amended by Volume XXXV Number 49, Filed December 10, 2015, Proposed by #10979, Effective 11/20/2015, Expires11/20/2025.