Section He-E 720.03 - Definitions(a) "Abuse" means "abuse" as defined by RSA 161-F:43, II, namely, "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 an incapacitated adult;(2) 'Physical abuse' means the use of physical force which results in or could result in physical injury to an incapacitated adult; or(3) 'Sexual abuse' means contact or interaction of a sexual nature involving an incapacitated adult without his or her informed consent."(b) "Applicant" means a prospective employee, contractor, consultant, or volunteer who, through an employer if hired, might be in contact with individuals.(c) "Bureau of Elderly and Adult Services state registry (state registry) " means a database containing information on founded reports of abuse, neglect or exploitation of incapacitated adults by a paid or volunteer caregiver, guardian or agent acting under the authority of any power of attorney or any durable power of attorney pursuant to RSA 161-F: 49.(d) "Commissioner" means the commissioner of the New Hampshire department of health and human services or his or her designee. (e) "Employer" means a person or agency that is licensed, certified, or funded by the department to provide services to individuals. (f) "Exploitation" means "exploitation" as defined in RSA 161-F: 43, IV namely, "the illegal use of an incapacitated adult'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 a 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 an incapacitated adult through the use of undue influence, harassment, duress, deception, or fraud."(g) "Expunged" means the removal of information contained on the state registry that relates to matching a specific perpetrator's name to a founded report of abuse, neglect, or exploitation.(h) "Founded report of abuse, neglect or exploitation" means the determination that one or more of the allegations of abuse, neglect, or exploitation of an incapacitated adult met one or more of the definitions contained in RSA 161-F: 43, II (a), (b), (c), III, IV or VI pursuant to a protective investigation completed in accordance with He-E 700.(i) "Incapacitated" means incapacitated as defined in RSA 161-F: 43, namely, VII "the physical, mental or emotional ability of a person is such that he is unable to manage personal, home, or financial affairs, in his own best interest, or he is unable to act or unable to delegate responsibility to a responsible caretaker or caregiver."(j) "Incapacitated adult" means a person aged 18 or older who is incapacitated as defined in (i) above and RSA 161-F: 43, VII.(k) "Individual" means an individual, 18 years of age or older, found eligible for or receiving services pursuant to RSA 171-A, RSA 135-C: 13 & 14, RSA 161-E & I or programs licensed under RSA 151:2, I(b), (e), or (f) or who is an incapacitated adult, as defined under RSA 161-F:43, VII.(l) "Match" means BEAS has identified the name submitted on the consent form in He-E 720.04(a) as a perpetrator in a founded report of abuse, neglect, or exploitation listed on the state registry.(m) "Neglect" means "neglect" as defined in RSA 161-F: 43, III, namely, "an act or omission which 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 an incapacitated adult."(n) "Perpetrator" means the individual who, following a protective investigation completed in accordance with RSA 161-F:42-57 and He-E 700, is found to have abused, neglected or exploited an incapacitated adult.(o) "Prospective agent" means a person being considered to act under the authority of a power of attorney or any durable power of attorney.N.H. Code Admin. R. He-E 720.03