Section He-P 822.03 - Definitions(a) "Abuse" means any one of the following: (1) "Emotional abuse" which 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 client;(2) "Physical abuse" which means the misuse of physical force which results or could result in physical injury to a client; or(3) "Sexual abuse" which means contact or interaction of a sexual nature involving a client with or without his or her informed consent.(b) "Activities of daily living (ADL) " means basic daily routine tasks such as grooming, eating, transferring, toileting, bathing, dressing, and self-management of medications.(c) "Administer" means an act, by an individual authorized by law, whereby a single dose of a drug is instilled into the body of, applied to the body of, or otherwise given to a person for immediate consumption or use.(d) "Administrator" means the licensee, or an individual appointed by the licensee, who is responsible for all aspects of the daily operations of the HCSPA.(e) "Admission" means accepted by a licensee for the provision of services to a client.(f) "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 or a surrogate decision-maker in accordance with RSA 137-J:35.(g) "Applicant" means an individual, agency, partnership, corporation, government entity, association, or other legal entity seeking a license to operate a HCSPA pursuant to RSA 151.(h) "Area of non-compliance" means any action, failure to act, or other set of circumstances that causes a licensee to be out of compliance with RSA 151, He-P 822, or other federal or state requirements.(i) "Assessment" means an in-person evaluation to determine the services that are needed.(j) "Branch office" means a location physically separate from the primary location of the HCSPA and that: (1) Provides oversight for employees who provide direct care services to clients in their residential setting; and(2) Is under the administration and supervision of the primary location of the HCSPA.(k) "Change of ownership" means a change in the controlling interest of an established HCSPA to a successor business entity.(l) "Client" means any person admitted to or in any way receiving services from a HCSPA licensed in accordance with RSA 151 and He-P 822. "Client" includes "patient" as used in RSA 151:20 and RSA 151:21.(m) "Client record" means the documentation of all services, which includes all documentation required by RSA 151 and He-P 822 and any other applicable federal and state requirements.(n) "Client rights" means the privileges and responsibilities possessed by each client provided by RSA 151:21-b.(o) "Commissioner" means the commissioner of the department of health and human services or his or her designee.(p) "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.(q) "Days" means calendar days unless otherwise specified in the rule.(r) "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 822.(s) "Department" means the New Hampshire department of health and human services.(t) "Direct care" means hands-on care and services provided to a client, including but not limited to medical, nursing, psychological, or rehabilitative treatments.(u) "Direct care personnel" means any person providing hands-on services to a client.(v) "Directed plan of correction" means a plan developed and written by the department that specifies the necessary actions the licensee shall take to correct identified areas of non-compliance.(w) "Emergency plan" means a document outlining the responsibilities of personnel in an emergency.(x) "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, or fraud.(y) "Guardian" means a person appointed in accordance with RSA 464-A to make informed decisions relative to the client's health care and other personal needs.(z) "Home care service provider agency (HCSPA) " means any organization or business entity, except as identified in He-P 822.02(e) , whether public or private, whether operated for profit or not, which is engaged in providing, through its employees, personal care services or homemaker services which may be of a supportive nature to persons in their places of residence. (aa) "Homemaker" means an employee of a home care service provider agency whose scope of services is limited to providing homemaker services as reflected on the license certificate.(ab) "Homemaker services" means non-medical services that are of a supportive nature that do not require hands-on contact with a client other than to maintain the client's safety. Such services can include, but are not limited to, laundry, housecleaning, cooking, transporting to and from medical or other appointments, shopping, and companion services.(ac) "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, and 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.(ad) "Infectious disease" means any disease caused by the growth of microorganisms in the body which might or might not be contagious.(ae) "Infectious waste" means those items specified by Env-Sw 904.(af) "In-service" means an educational program, which is designed to increase the knowledge, skills, and overall effectiveness of personnel.(ag) "Inspection" means the process followed by the department to determine an applicant's or a licensee's compliance with RSA 151 and He-P 822 or to respond to allegations pursuant to RSA 151:6, of non-compliance with RSA 151 and He-P 822.(ah) "Investigation" means the process used by the department to respond to allegations of non-compliance with RSA 151 and He-P 822.(ai) "License" means the document issued by the department to an applicant at the start of operation as a HCSPA which authorizes operation in accordance with RSA 151 and He-P 822, and includes the name of the licensee, the name of the business, the physical address, the license classification, the effective date, and the license number.(aj) "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 and the type(s) of services authorized for which the HCSPA is licensed for.(ak) "Licensed practitioner" means a: (2) Physician's assistant;(3) 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.(al) "Licensed premises" means the building(s) that comprises the physical location the department has approved for the licensee to conduct operations in accordance with its license. This term includes branch offices. This term does not include the private residence of a client receiving services from a HCSPA.(am) "Licensing classification" means the specific category of services authorized by a license.(an) "Medication" means a substance available with or without a prescription, which is used as a curative or remedial substance.(ao) "Neglect" means an act or omission, that results, or could result, in the deprivation of essential services or supports necessary to maintain the mental, emotional, or physical health and safety of a client.(ap) "Owner" means any person, corporation, association, or any other legal entity, whether organized for profit or not, holding or claiming ownership of, or title to, a license.(aq) "Personal care" means personal care services that are non-medical, hands-on services provided to a client to assist with activities of daily living such as grooming, toileting, eating, dressing, bathing, getting into or out of a bed or chair, walking, or reminding the client to take medications.(ar) "Personal care service provider" means a person who provides non-medical hands-on assistance to a client, to help with activities of daily living such as grooming, toileting, eating, dressing, bathing, getting into or out of a bed or chair, walking, or reminding a client to take medications.(as) "Personal representative" means a person designated in accordance with RSA 151:19, V, to assist the client for a specific, limited purpose or for the general purpose of assisting the client in the exercise of any rights.(at) "Personnel" means an individual who is employed by the HCSPA, who is a volunteer, or who is an independent contractor and provides direct care, personal care services, homemaker services, or all to a client(s) .(au) "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 inspection conducted pursuant to RSA 151:6-a or during the course of a complaint investigation conducted pursuant to RSA 151:6.(av) "Primary location" means the principle site for the HCSPA where the business office and administrative staff are located.(aw) "Procedure" means a licensee's written, standardized method of performing duties and providing services.(ax) "Professional staff" means: (2) Physician assistants;(3) Advanced practice registered nurses (APRN);(5) Registered physical therapists;(7) Licensed practical nurses;(8) Licensed respiratory therapists;(9) Occupational therapists;(10) Medical social workers; and(ay) "Reportable incident" means an occurrence of any of the following while the client is in the care of HCSPA personnel:(1) The unanticipated death of the client; or(2) An injury to a client that is potentially due to abuse or neglect.(az) "Service plan" means a written guide developed by the licensee, or its personnel, in consultation with the client, guardian, agent, or personal representative, if any, as a result of the assessment process for the provision of care and services as required by He-P 822.15(l) -(n) .(ba) "Significant change" means a visible or observable change in functional, cognitive, or daily activity ability of the client.(bb) "Volunteer" means an unpaid person who assists with the provision of personal care services, food services, or activities, and who does not provide direct care or assist with direct care. This term does not include visitors or those persons who provide religious services or entertainment.N.H. Admin. Code § He-P 822.03
#9522, eff 7-25-09; amd by #10013, eff 10-22-11
Amended by Volume XXXIX Number 02, Filed January 10, 2019, Proposed by #12702, Effective 1/3/2019, Expires 1/3/2029.