Current through Register No. 52, December 26, 2024
(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 a patient;
(2) "Physical abuse" means the misuse of
physical force which results or could result in physical injury to a patient;
and
(3) "Sexual abuse" means
contact or interaction of a sexual nature involving a patient with or without
his or her informed consent.
(b) "Activities of daily living (ADL) " means
basic daily routine tasks such as eating, transferring, toileting, bathing,
dressing, and self-management of medications.
(c) "Administer" means "administer" as
defined by
RSA 318:1,
I, namely "an act 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 HHCP.
(e)
"Admission" means accepted by a licensee for the provision of services to a
patient.
(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 HHCP pursuant to RSA 151.
(h) "Area of non-compliance" 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 809, or other federal or state
requirements.
(i) "Assessment"
means an evaluation of the patient to determine the care and services that are
needed.
(j) "Branch office" means a
location physically separate from the primary location of the HHCP and that:
(1) Provides oversight for employees who
provide direct care services to patients in their residential setting;
and
(2) Is under the administration
and supervision of the primary location of the HHCP.
(k) "Care plan" means a written guide
developed by the licensee, or its personnel, in consultation with the patient,
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 809.15(o) -(q)
.
(l) "Change of ownership" means a change in
the controlling interest of an established HHCP to a successor business
entity.
(m) "Commissioner" means
the commissioner of the department of health and human services or his or her
designee.
(n) "Community health
services" means services that are provided in community settings, including but
not limited to foot clinics, flu shot clinics, educational programs and
nutrition services.
(o) "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.
(p) "Days"
means calendar days unless otherwise specified in the rule.
(q) "Department" means the New Hampshire
department of health and human services.
(r) "Direct care" means hands-on care and
services provided to a patient, including but not limited to medical, nursing,
psychological, or rehabilitative treatments.
(s) "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.
(t) "Do not
resuscitate order (DNR order) " means an order that, in the event of an actual
or imminent cardiac or respiratory arrest, chest compression and ventricular
defibrillation will not be performed, the patient will not be intubated or
manually ventilated, and there will be no administration of resuscitation
drugs. This term includes "do not attempt resuscitation order (DNAR order)
".
(u) "Drop site" means a
location, which does not meet the definition of a branch office, where
materials, equipment, and supplies used in the provision of services may be
temporarily stored.
(v) "Emergency
plan" means a document outlining the responsibilities of personnel in an
emergency.
(w) "Exploitation" means
the illegal use of a patient'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 patient through the use of undue
influence, harassment, duress, or fraud.
(x) "Guardian" means a person appointed in
accordance with RSA 464-A to make informed decisions relative to the patient's
health care and other personal needs.
(y) "Home health care provider (HHCP) " means
any organization or business entity, whether public or private, whether
operated for profit or not, which is engaged in arranging or providing,
directly or through contract arrangement, one or more of the following
services:
(2) Home health aide services; or
(3) Other therapeutic and related services,
which can include, but are not limited to;
a.
Physical and occupational therapy;
d. Medical social services;
e. Personal care services; and
f. Homemaker services which may be of a
preventative, therapeutic, rehabilitative, health guidance, or supportive
nature to persons in their places of residence.
(z) "Homemaker services" means services that
are of a supportive nature that do not routinely require hands-on contact with
a patient other than to maintain the patient's safety. Such services may
include, but are not limited to, laundry, housecleaning, cooking, transporting
to and from medical or other appointments, shopping, companion services, and
medication reminders.
(aa) "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.
(ab) "Infectious waste" means those items
specified by Env-Sw 904.
(ac)
"In-service" means an educational program, which is designed to increase the
knowledge, skills, and overall effectiveness of personnel.
(ad) "Inspection" means the process followed
by the department to determine an applicant's or a licensee's compliance with
RSA 151 and He-P 809 or to respond to allegations, pursuant to
RSA
151:6, of non-compliance with RSA 151 and
He-P 809.
(ag) "Investigation"
means the process used by the department to respond to allegations of
non-compliance with RSA 151 and He-P 809.
(ae) "License" means the document issued by
the department to an applicant at the start of operation as an HHCP which
authorizes operation in accordance with RSA 151 and He-P 809, and includes the
name of the licensee, the name of the business, the physical address, the
license classification, the effective date, and license number.
(af) "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 HHCP is licensed.
(ag) "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.
(ah) "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 drop sites or the
private residence of a patient receiving services from a HHCP.
(ai) "Licensing classification" means the
specific category of services authorized by a license.
(aj) "Medication" means a substance available
with or without a prescription, which is used as a curative or remedial
substance.
(ak) "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 patient.
(al) "Orders" means a document, produced
verbally, electronically or in writing, by a licensed practitioner for
medications, treatments, recommendations, 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 denotes approval by the
licensed practitioner.
(am) "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.
(an) "Patient" means any
person admitted to or in any way receiving care, services, or both from a HHCP
licensed in accordance with RSA 151 and He-P 809. Patient includes patient as
used in
RSA
151:20 and
RSA
151:21.
(ao) "Patient record" means the documentation
of all care and services, which includes all documentation required by RSA 151
and He-P 809 and any other applicable federal or state requirements.
(ap) "Patient rights" means the privileges
and responsibilities possessed by each patient provided by
RSA
151:21-b.
(aq) "Personal care service provider" means a
person who provides non-medical hands-on assistance to a patient, to help with
activities of daily living such as grooming, toileting, eating, dressing,
bathing, getting into or out of a bed or chair, walking, assisting with topical
medications, or reminding a patient to take medications.
(ar) "Personal representative" means a person
designated in accordance with
RSA 151:19,
V, to assist the patient for a specific,
limited purpose or for the general purpose of assisting the patient in the
exercise of any rights.
(as)
"Personnel" means an individual who is employed by the facility, who is a
volunteer, or who is an independent contractor who provides direct care or
personal care services to patients.
(at) "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.
(au) "Point of care testing (POCT) " means
laboratory testing performed using either manual methods or hand held
instruments at or near the site of patient care.
(av) "Point of care devices" means testing
involving a system of devices, typically including:
(1) A lancing or finger stick device to get
the blood sample;
(2) A test strip
to apply the blood sample; or
(3) A
meter or monitor to calculate and show the results including:
a. Blood glucose meters, also called
"glucometers";
b. Prothrombin time
(PT) and iternational normalized ratio (INR) anticoagulation meters;
or
(aw) "Primary location"
means the principal site for the HHCP where the business office and
administrative staff are located.
(ax) "Pro re nata (PRN) medication" means
medication taken as circumstances may require in accordance with licensed
practitioner's orders.
(ay)
"Procedure" means a licensee's written, standardized method of performing
duties and providing services.
(az)
"Professional staff" means:
(2) Physician
assistants;
(3) Advanced practice
registered nurses;
(5) Registered physical
therapists;
(7) Licensed practical
nurses;
(8) Licensed respiratory
therapists;
(9) Occupational
therapists;
(10) Medical social
workers; and
(ba)
"Reportable incident" means an occurrence of any of the following while the
patient is in the care of HHCP personnel:
(1)
The unanticipated death of the patient; or
(2) An injury to a patient that is
potentially due to abuse or neglect.
(bb) "Self-administration of medication with
assistance" means an act whereby the patient takes his or her own medication
after being prompted by personnel but without requiring physical assistance
from others beyond placing the container within reach, opening the medication
container, reading the medication label to the patient, and utilizing hand over
hand technique pursuant to Nurs 404.03(b) .
(bc) "Self-administration of medication
without assistance" means the participant is able to take his or her own
medication(s) without the assistance of personnel, including
prompting.
(bd) "Self-directed
medication administration" means an act whereby a patient, who has a physical
limitation that prohibits him or her from self-administration of medication
without assistance, directs personnel to physically assist in the medication
process, which does not include assisting with infusions, injections or filling
insulin syringes.
(be) "Significant
change" means a visible or observable change in functional, cognitive, or daily
activity ability of the patient.
(bf) "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.
#4073, eff 6-26-86, EXPIRED: 6-26-92
New. #5630, eff 5-26-93; amd by
#6240, HB 32, eff 5-3-96, EXPIRED 12-31-98; ss by #7006, INTERIM, eff 5-26-99,
EXPIRED: 9-23-99
New. #9466, eff
5-2-09
