New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-P - Former Division of Public Health Services
Chapter He-P 800 - RESIDENTIAL CARE AND HEALTH FACILITY RULES
Part He-P 810 - BIRTHING CENTER RULES
Section He-P 810.03 - Definitions

Universal Citation: NH Admin Rules He-P 810.03

Current through Register No. 12, March 21, 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 clients;

(2) "Physical abuse" means the misuse of physical force which results or could result in physical injury to clients; and

(3) "Sexual abuse" means contact or interaction of a sexual nature involving clients with or without his or her informed consent.

(b) "Administer" means "administer" as defined in RSA 318:1, I.

(c) "Administrative remedy" means an action imposed upon a licensee in response to non-compliance with RSA 151, He-P 810, or other licensing rules.

(d) "Administrator" means the licensee or individual appointed by the birthing center to be responsible for all aspects of the daily operation of the licensed premises.

(e) "Admission" means the point in time when a client has been accepted by a licensee for the provision of services and is physically present in the licensed facility.

(f) "Advanced practice registered nurse-certified nurse midwife (APRN-CNM) " means an individual licensed by the New Hampshire board of nursing in accordance with RSA 326-B:11 and certified by the American Certified Nurse Midwife Certification Council.

(g) "Applicant" means an individual, agency, partnership, corporation, government entity, association, or other legal entity seeking a license to operate a birthing center pursuant to RSA 151.

(h) "Area of noncompliance" 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 810, or other federal and state requirements.

(i) "Assessment" means an evaluation of the client to determine the care and services that are needed.

(j) "Birthing center" means a facility that is not located in a licensed acute care hospital, and which provides prenatal care through postnatal care, and which instructs and assists women in natural childbirth.

(k) "Care plan" means a written guide developed by a licensed or certified practitioner, in consultation with the client, as a result of the assessment process for the provision of care and services as required by He-P 810.16(g) and (h) .

(l) "Certified midwife" means a "certified midwife" as defined in Mid 301.01(b) .

(m) "Certified nurse-midwife" means a "certified nurse-midwife" as defined in Mid 301.01(c) .

(n) " Change of ownership" means a change in the controlling interest in an established birthing center to a successor business entity.

(o) "Client" means any person admitted to or in any way receiving care, services, or both from a birthing center licensed in accordance with RSA 151 and all other applicable federal and state requirements.

(p) "Commissioner" means the commissioner of the New Hampshire department of health and human services, or his or her designee.

(q) "Department" means the New Hampshire department of health and human services.

(r) "Direct care personnel" means any person providing hands-on care or services to a client.

(s) "Directed plan of correction" means a plan developed and written by the department that specifies the necessary actions the licensee must take to correct identified areas of non-compliance.

(t) "Emergency" means an unexpected occurrence or set of circumstances that require immediate, remedial attention.

(u) "Emergency plan" means a document outlining the responsibilities of personnel in an emergency.

(v) "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, deception, or fraud.

(w) "Infectious waste" means those items specified by Env-Sw 103.28.

(x) "Inspection" means the process followed by the department to determine an applicant's or a licensee's compliance with RSA 151 and He-P 810, or to respond to allegations of non-compliance with RSA 151 or He-P 810.

(y) "License" means the document issued by the department to an applicant at the start of operation as a birthing center, which authorizes operation in accordance with RSA 151 and He-P 810, and includes the name of the licensee, the name of the business, the physical address, the license category, the effective date, and license number.

(z) "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, the type(s) of services authorized, and the number of beds for which the birthing center is licensed.

(aa) "Licensed or certified practitioner" means a:
(1) Medical doctor;

(2) Licensed advanced practice registered nurse-certified nurse midwife (APRN-CNM);

(3) Doctor of osteopathy;

(4) Doctor of naturopathic medicine with certification in natural childbirth; or

(5) Certified midwife.

(ab) "Licensed premises" means the facility that comprises the physical location that the department has approved for the birthing center to conduct operations in accordance with its license. It can include the private home of the licensed or certified practitioner, but it does not include the private residence of a client receiving services from the birthing center licensed under the authority of RSA 151.

(ac) "Licensee" means any person or other legal entity to which a license has been issued pursuant to RSA 151and He-P 810.

(ad) "Licensing classification" means the specific category of services authorized by a license.

(ae) "Medical director" means a New Hampshire licensed physician, doctor of naturopathic medicine with certification in natural childbirth, or an APRN-CNM who is responsible for overseeing the quality of medical care and services at the birthing center.

(af) "Medication" means a substance available with or without a prescription, which is used as a curative or remedial substance.

(ag) "Neglect" means an act or omission that 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 a client.

(ah) "Owner" means a person or organization who has controlling interest in the birthing center.

(ai) "Personnel" means individual(s), either paid or volunteer, including independent contractors, who provide direct care or services to a client.

(aj) "Physician" means an individual licensed in the state of New Hampshire pursuant to RSA 329.

(ak) "Plan of correction (POC) " means a plan developed and written by the licensee, which specifies the actions that will be taken to correct non-compliance with applicable rules or codes identified at the time of a clinical or life safety inspection conducted pursuant to RSA 151:6-a or during the course of a complaint investigation conducted pursuant to RSA 151:6.

(al) "Pro re nata (PRN) medication" means medication taken as circumstances may require.

(am) "Procedure" means a licensee's written, standardized method of performing duties and providing services.

(an) "Reportable incident" means an occurrence of an error, a negative outcome, or an accident, which occurs while the client is in the care of the licensee, and has resulted in injury that requires examination or treatment by a licensed practitioner.

(ao) "Service" means a specific activity performed by the licensee, either directly or indirectly, to benefit or assist a client.

#5635, eff 6-7-93; ss by #7006, INTERIM, eff 5-26-99, EXPIRED: 9-23-99

New. #8957, eff 7-27-07

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