New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 4000 - CHILD CARE LICENSING RULES
Part He-C 4002 - NH CHILD CARE PROGRAM LICENSING RULES
Section He-C 4002.01 - Definitions

Universal Citation: NH Admin Rules He-C 4002.01

Current through Register No. 40, October 3, 2024

(a) "Accredited college or university" means a college or university acknowledged as meeting acceptable levels of quality through accreditation by any of the accrediting organizations recognized by the US department of education or the council for higher education accreditation.

(b) "Agency" means "child day care agency" as defined in RSA 170-E:2, IV. The term also includes "child care program" or "program."

(c) "Agency administrator" means a person who meets the qualifications of a center director and is employed by the licensee to oversee multiple child care agencies by a single or the same applicant, licensee, or permittee.

(d) "Applicant" means "applicant" as defined in RSA 170-E:2, I.

(e) "Assistant group leader" means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education and experience requirements specified in He-C 4002.35.

(f) "Assistant teacher" means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.35.

(g) "Associate teacher" means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.35.

(h) "Authorized staff" means child care staff that have completed training in medication safety and administration who are responsible for administration of medications to children.

(i) "Center based program" means any program owned and operated by one applicant which is not licensed as a family or family group child care home and is licensed to provide any of the following types of child care:

(1) Group child care center;

(2) Infant and toddler program;

(3) Night care program;

(4) Preschool program;

(5) School-age program; or

(6) Any combination thereof.

(j) "Child" means "child" as defined in RSA 170-E:2, II.

(k) "Child care" means "child day care" as defined in RSA 170-E:2, III.

(l) "Child care staff" means:

(1) All child care staff categories as specified in He-C 4002.34 and 4002.35; and

(2) Agency administrator and site coordinator, as defined in He-C 4002.01(c) and 4002.01(bf), respectively.

(m) "Clean" means to remove dirt, debris, and bodily fluids by scrubbing and washing with a detergent solution and rinsing with water.

(n) "Commissioner" means "commissioner" as defined in RSA 170-E:2, V.

(o) "Corporal punishment" means the intentional infliction of physical pain by any means for the purpose of punishment, correction, discipline, instruction, or any other reason.

(p) "Corrective action plan (CAP)" means "corrective action plan" as defined in RSA 170-E:2, VI.

(q) "Department" means "department" as defined in RSA 170-E:2, VII.

(r) "Developmentally appropriate" means actions, environment, equipment, supplies, communications, interactions, or activities that are based on the developmental level and abilities, the family culture, and the individual needs of each child in care.

(s) "Family child care home" means "family day care home" as defined in RSA 170-E:2, IV(a).

(t) "Family child care assistant" means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.34(f).

(u) "Family child care provider" means the individual in whose home family or family group child care services are provided, who is responsible for the operation of the program, and who provides the child care for at least 2/3 of the operating hours.

(v) "Family child care worker" means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.34(e).

(w) "Family group child care home" means "family group day care home" as defined in RSA 170-E:2, IV(b).

(x) "Full day school program" means a program administered by a public or private school that is approved by the department of education.

(y) "Group child care center" means "group child care center" as defined in RSA 170-E:2, IV(c).

(z) "Group leader" means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.35(q).

(aa) "Guardian" means "guardian" as defined in RSA 170-E:2, VIII.

(ab) "Household member" means any person residing in the home of an applicant for licensure as a program, if the program will be located in that home.

(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. 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, in coordination with local emergency response agencies in the community in which the program is located.

(ad) "Infant" means a child from the time of birth through 12 months old, except as referenced in He-C 4002.37.

(ae) "Infant and toddler program" means "day care nursery" as defined in RSA 170-E:2, IV(d).

(af) "In-service professional development" means professional development activities including training or education acquired after an individual meets the qualifications for his or her position and which is acceptable toward meeting the annual professional development requirements for childcare staff, as specified in He-C 4002.33.

(ag) "Junior helper" means a person who is engaged in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.34(j) or He-C 4002.35(o).

(ah) "Lead teacher" means a person who is employed in or is seeking employment in a New Hampshire licensed childcare program, who meets the age, education, and experience requirements specified in He-C 4002.35(k).

(ai) "License" means "license" as defined in RSA 170-E:2, IX.

(aj) "License capacity" means the number and ages of children specified on the license or permit allowed to be on the premises at any one time.

(ak) "Licensed practitioner" means a physician, physician's assistant, advanced registered nurse practitioner, dentist, or other licensed professional with prescriptive authority.

(al) "Licensing coordinator" means a person employed by the department who consults with and inspects programs for compliance with RSA 170-E and He-C 4002.

(am) "Medication" means a drug prescribed for a child by a licensed practitioner.

(an) "Medication error" means any error in the administration of a prescribed or over-the-counter medication, or an error in the documented administration of any medication or over-the-counter medication.

(ao) "Medication order" means a document, produced electronically or in writing, for an identified child by a licensed practitioner for medications, treatments, and referrals, and signed by the licensed practitioner using terms such as authorized by, authenticated by, approved by, reviewed by, or any other term that denoted approval by the licensed practitioner.

(ap) "Monitoring visit" means "monitoring visit" as defined in RSA 170-E:2, X.

(aq) "Night care program" means "night care agency" as defined in RSA 170-E:2, IV(e).

(ar) "Over-the-counter medications" means non-prescription medications.

(as) "Parent" means a father, mother, guardian, or person legally authorized to act on behalf of a child.

(at) "Permit" means "permit" as defined in RSA 170-E:2, XI.

(au) "Preschool program" means "preschool program" as defined in RSA 170-E:2, IV(f).

(av) "Program" means any or all of the various types of childcare agencies providing care on or off the approved licensed premises listed below:
(1) Center based;

(2) Infant and toddler;

(3) Family child care home;

(4) Family group child care home;

(5) Group child care center;

(6) Night care;

(7) Preschool; and

(8) School age.

(aw) "Project leader" means a person who is engaged in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.35(s).

(ax) "Qualified substitute director" means a person who assumes the responsibilities of a center director or site director and who meets the age, education, and experience requirements of the position for which they are substituting in order to meet the requirements under He-C 4002.35(a) and (b).

(ay) "Regularly" means "regularly" as defined in RSA 170-E:2I, XI.

(az) "Related coursework" unless otherwise specified, means courses completed at an accredited college or university in child growth and development, lifespan development, human growth and development, infant and toddler development, developmental psychology, family studies, early childhood, elementary, and special education, and any other coursework focused on children.

(ba) "Repeat citation" means a citation of a specific licensing rule or law for which the program has been previously cited during the past 3 years, and which has not been removed as a result of an informal dispute resolution or overturned as a result of an adjudicatory procedure. A repeat citation does not need to include the same set of circumstances, or involve the same child care staff or the same child or children as in the original citation.

(bb) "Rough handling" means an aggressive physical act against a child, except when necessary to protect a child from harming themselves or others.

(bc) "Sanitize" means to clean to remove all organic material then wipe down or wash with a solution of chlorine bleach and room temperature or cool water which is mixed fresh daily per manufacturer's directions for sanitation and left on the surface for 2 minutes or with an environmental protection agency (EPA) approved germicide designed to kill germs and which, when used in accordance with manufacturer's directions, does not pose a health or safety risk to children.

(bd) "School-age program" means "school-age program" as defined in RSA 170-E:2, IV(g).

(be) "Serious safety risk" means behavior of such intensity, frequency, or duration that the safety of the child or others is placed in serious jeopardy.

(bf) "Site coordinator" means a person who is qualified as a site director and is employed to oversee multiple school age program licenses by a single applicant, licensee, or permittee.

(bg) "Site director" means a person who is employed in or is seeking employment in a New Hampshire licensed child care program, who meets the age, education, and experience requirements specified in He-C 4002.35(p).

(bh) "Statement of findings" means a written report issued by the department which details the findings of a visit or an investigation conducted by the department.

(bi) "Substitute" means a person who assumes the responsibility of associate teachers, lead teachers, or group leaders, on a temporary basis, who meets the age requirements of the position for which they are substituting.

(bj) "Toddler" means a child 19 months to 35 months old, except as referenced in He-C 4002.37.

(bk) "Topical substances" include, but are not limited to, non-prescription medications such as sunscreen, insect repellent, powders, teething aids, and diaper ointments.

(bl) "Unit" means the child care licensing unit within the department.

(bm) "Water activity" means any activity during which children have access to swimming pools, water features, or other bodies of water, whether the children will be in, on, or near a pool or body of water.

#2664, eff 3-30-84, EXPIRED 3-30-90

New. #4871, eff 7-24-90; ss by #5203, eff 8-16-91; ss by #6558, INTERIM, eff 8-16-97, EXPIRED: 12-14-97

New. #6719, eff 3-25-98; ss by #7294, eff 5-26-00; ss by #9160, INTERIM, eff 5-26-08, EXPIRES: 11-22-08; ss by #9310, eff 11-23-08

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