1. (a) Program staff shall:

   1. (1) Establish and make residents aware of rules or limits for acceptable behavior which are consistently applied, realistic, designed to promote cooperation and respect, and are appropriate and understandable to the development level of the resident;
   2. (2) Apply rules in accordance with the resident’s individual service plan and treatment plan as they apply to their behaviors and staff responses thereto; and
   3. (3) Make residents aware of the consequences of not complying with the established limits or rules for acceptable behavior, as identified in their individual service plan and treatment plan.

2. (b) Program staff shall not:

   1. (1) Abuse or neglect residents;
   2. (2) Use corporal punishment;
   3. (3) Attempt to control any resident’s behavior by actions which are humiliating, threatening, shaming, frightening, or otherwise damaging to residents;
   4. (4) Withhold food from residents or take food away as a means of discipline;
   5. (5) Shame, humiliate, or discipline any resident for toileting accidents;
   6. (6) Prevent a resident from using bathroom facilities, except as necessary to protect a resident’s safety, as documented in the resident’s case plan or treatment plan;

   7. (7) As a means of discipline or punishment:

      1. a. Require or deny residents sleep or rest;
      2. b. Require residents younger than 6 years of age to go to their crib, bed, or playpen;
      3. c. Withhold a resident’s shoes or clothing, except as necessary to protect the resident’s health or safety or to prevent the resident from running away;
      4. d. Require a resident to perform physical exercise or perform tasks, which are humiliating, unusual, or physically exhausting; or
      5. e. Use group punishment for misbehaviors of individuals except when documented as part of the treatment plan;
   8. (8) Use sensory deprivation;
   9. (9) Use mechanical restraints, and specifically any equipment, material, or device that is applied to a resident for the purpose of restricting their movement or activity;
   10. (10) Allow residents to discipline other residents; or
   11. (11) Use rough handling on residents, including but not limited to, grabbing, pushing, pulling, and dragging.

3. (c) Each use of time out shall:

   1. (1) Not be in a locked room;
   2. (2) Be appropriate to the resident’s developmental level and circumstances; and

   3. (3) Be limited to the minimum amount of time necessary to:

      1. a. Allow the resident to regain self-control;
      2. b. Be effective as a consequence; or
      3. c. Protect the safety of the resident in time out or other residents.
4. (d) The applicant, licensee, program director, and program staff shall take prompt action to protect residents from abuse, neglect, corporal punishment, or other mistreatment by any individual.
5. (e) Program staff shall use seclusion and restraint in accordance with RSA 126-U and He-C 901.
6. (f) Before any program staff participates in a restraint or the use of seclusion, they shall have completed a curriculum in restraint techniques that is designed to protect the resident from risk of harm to self, others, property, or the public.
7. (g) Restraint techniques used shall be consistent with the curriculum required in (f) above and be reviewed at least annually with program staff to maintain competency.

Source. #2664, eff 3-30-84, EXPIRED: 3-30-90 New. #8581, eff 4-20-06, EXPIRED: 4-20-14 New. #10576, INTERIM, eff 4-26-14, EXPIRES: 10-23-14; ss by #10705, eff 10-23-14; ss by #13151, eff 12-30-20; amd by #13991, EMERGENCY RULE, eff 5-29-24, EXPIRED: 11-25-24 New. #14123, eff 11-26-24, EXPIRED: 11-26-25; ss by #14214, eff 4-1-25, EXPIRES: 4-1-35