Section He-M 306.02 - Definitions(a) "Administrator" means the chief executive officer of New Hampshire hospital or, in the absence of the administrator, the executive person in charge of the facility.(b) "Advance practice registered nurse (APRN)" means "advanced practice registered nurse" as defined in RSA 135-C:2, II-a, namely "an advanced practice registered nurse licensed by the board of nursing who is certified as a psychiatric mental health nurse practitioner by a board-recognized national certifying body."(c) "Involuntary admission" means admission to New Hampshire hospital pursuant to RSA 135-C:34-54.(d) "Lack of capacity" means the inability of a person, after efforts have been made to explain the nature, effects, and risks of the proposed treatment and alternatives to the proposed treatment, to engage in a rational decision-making process regarding the proposed treatment as evidenced by his or her inability to weigh the nature, purpose, risks, and benefits of the proposed treatment and any available alternatives and the likely consequences of refusing treatment.(e) "Medical emergency" means a physical condition of a patient which, if not treated, will result in an immediate, substantial, and progressive deterioration of a serious physical illness.(f) "Patient" means a person involuntarily admitted to New Hampshire hospital by order of a probate court pursuant to RSA 135-C:34-54.(g) "Presiding officer" means an individual who has been delegated authority by the commissioner of the department of health and human services, in accordance with RSA 126-A:5, III, to render decisions on appeals under RSA 126-A:5, VIII.(h) "Psychiatric emergency" means a mental condition of a patient, resulting from mental illness, which, if not treated promptly, likely will result in either:(1) Imminent danger of harm to the patient or others as evidenced by: a. Symptoms that in the past have immediately preceded acts of harm to self or others; orb. A recent overt act including, but not limited to, an assault, or self-injurious behavior when the likelihood of preventing such harm would be substantially diminished if treatment is delayed;(2) Deterioration of the patient's mental status from his or her usual mental status as manifested by exacerbation of psychiatric symptoms that potentially endanger self or others, or lead to severe self-neglect, or lead to a failure to function in a less restrictive environment when the likelihood of stabilizing and reversing such deterioration would be substantially diminished if treatment is delayed; or (3) Continued decompensation of the patient's mental status from his or her usual mental status as manifested by persistent psychiatric symptoms that potentially endanger self or others, or lead to severe self-neglect, or lead to a failure to function in a less restrictive environment when there is a reasonable likelihood that such symptoms could be alleviated if treatment could be administered to the patient.(i) "Treatment" means a form of medical or psychiatric care that:(1) Is provided by a physician, or a person acting under the direction of a physician;(2) Is provided in accordance with generally accepted clinical and professional standards; and(3) Does not include: b. Electroconvulsive therapy;d. Experimental treatment of any kind.N.H. Admin. Code § He-M 306.02
#3096, eff 8-19-85; EXPIRED: 8-19-91
New. #4708, eff 12-1-89, EXPIRED: 12-1-95
New. #7133, eff 11-23-99; ss by #7559, eff 9-25-01; ss by #9520, eff 8-4-09
Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10641, Effective 7/18/2014, Expires7/18/2024.Amended by Volume XL Number 19, Filed May 7, 2020, Proposed by #13035, Effective 4/14/2020, Expires 10/11/2020.Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13108, Effective 9/22/2020, Expires 9/22/2030