1. (a) “Abuse” as defined by RSA 161-F:43, II, means any one of the following:
2. (a) “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 vulnerable adult;
3. (b) “Physical abuse” means the use of physical force which results or could result in physical injury to a vulnerable adult; or
4. (c) ”Sexual abuse” means contact or interaction of a sexual nature involving a vulnerable adult without his or her informed consent”.
5. (b) “Applicant” means a prospective employee, contractor, consultant, or volunteer who, through an employer if hired, might be in contact with individuals.
6. (c) “Bureau of elderly and adult services state registry (state registry)” means a database containing information on founded reports of abuse, neglect, or exploitation of vulnerable adults by a paid or volunteer caregiver, guardian, or agent acting under the authority of any power of attorney or any durable power of attorney pursuant to RSA 161-F:49.
7. (d) “Commissioner” means the commissioner of the New Hampshire department of health and human services or designee.
8. (e) “Employer” means a person or agency that is licensed, certified, or funded by the department to provide services to individuals.
9. (f) “Exploitation” means “exploitation” as defined in RSA 161-F:43, IV namely, “the illegal use of a vulnerable adult’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 a 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 vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud.”
10. (g) “Expunged” means the removal of information contained on the BEAS state registry that relates to matching a specific perpetrator’s name to a founded report of abuse, neglect, or exploitation.
11. (h) “Founded report of abuse, neglect, or exploitation” means the determination that one or more of the allegations of abuse, neglect, or exploitation of a vulnerable adult met one or more of the definitions contained in RSA 161-F:43, II (a), (b), (c), III, IV, or VI pursuant to a protective investigation completed in accordance with He-E 700.
12. (i) “Individual” means a person18 years of age or older, found eligible for or receiving services pursuant to RSA 171-A, RSA 135-C:13 & 14, RSA 161-E & I or programs licensed under RSA 151:2, I(b), (e), or (f) or who is a vulnerable adult.
13. (j) “Match” means BEAS has identified the name submitted on the consent form in He-E 720.04(a) as a perpetrator in a founded report of abuse, neglect, or exploitation listed on the BEAS state registry.
14. (k) “Neglect” means “neglect” as defined in RSA 161-F:43, III, namely, “an act or omission which 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 vulnerable adult.”
15. (l) “Perpetrator” means the individual who, following a protective investigation completed in accordance with RSA 161-F:42-57 and He-E 700, is found to have abused, neglected, or exploited a vulnerable adult.
16. (m) “Prospective agent” means a person being considered to act under the authority of a power of attorney or any durable power of attorney.
17. (n) “Vulnerable” means vulnerable as defined in RSA 161-F:43 VII, namely, “the physical, mental, or emotional ability of a person is such that he or she is unable to manage personal, home, or financial affairs in his or her own best interest, or he or she is unable to act or unable to delegate responsibility to a responsible caretaker or caregiver.”
18. (o) “Vulnerable adult” means a person aged 18 or older who is vulnerable as defined in RSA 161-F:43, VII.

Source. #10191, eff 9-27-12; ss by #13602, eff 3-28-23, EXPIRES: 3-28-33