1. (a) “Advance practice registered nurse (APRN)” means “advanced practice registered nurse” as defined in RSA 135-C:2, II-a, namely, “an advanced practice registered nurse licensed by the board of nursing who is certified as a psychiatric mental health nurse practitioner by a board-recognized national certifying body.”
2. (b) “CMS regional office” means the office of the U.S. Department of Health and Human Services, Branch Chief, Survey and Enforcement Branch, Centers for Medicare & Medicaid Services, Room 2275, John F. Kennedy Federal Building, Boston, Massachusetts 02203.
3. (c) “Child” means “child” as defined in RSA 126-U:1, I.
4. (d) “Department” means the department of health and human services.
5. (e) “Facility” means New Hampshire hospital, Glencliff home for the elderly, Hampstead hospital and residential treatment facility, or any other treatment program designated under RSA 135-C:26
6. (f) “Individual” means a person receiving services from a facility.
7. (g) “Informed decision” means “informed decision” as defined in RSA 135-C: IX namely, “ a choice made by a client or person seeking to be admitted who has the ability to make such a choice and who makes it voluntarily after all relevant information necessary to making the decision has been provided, and who understands that he is free to choose or refuse any available alternative, and who clearly indicates or expresses his choice. The choice shall be free from all coercion”. The term also includes such decision of an individual, as defined in He-M 311.02(l), and the individual’s legal guardian, where appropriate, based on the same factors as an informed decision by an individual or person seeking to be admitted.
8. (h) “Nursing staff” means a registered or licensed practical nurse or other care provider working under the direct supervision of a registered nurse.
9. (i) “Personal safety emergency” means a physical status or a mental status and an act or pattern of behavior of an individual which, if not treated immediately, will result in serious physical harm to the individual or others.
10. (j) “Physician” means “physician” as defined in RSA 135-C:2, XII namely, “a medical doctor licensed to practice in New Hampshire”.

11. (k) “Restraint” means:

    1. (1) Any drug or medication when it:

       1. a. Is used as a restriction to manage an individual’s behavior or restrict the individual’s freedom of movement; and
       2. b. Is not a standard treatment or dosage for the individual’s condition, in that its overall effect reduces an individual’s ability to effectively or appropriately interact;

    2. (2) Any manual method, physical or mechanical device, material, or equipment that immobilizes an individual or reduces the ability of an individual to move their arms, legs,

       1. a. Conducting routine physical examinations or tests;
       2. b. Protecting the individual from falling out of bed; or
       3. c. Permitting the individual to participate in activities without the risk of physical harm; or

       head, or other body parts freely but does not include devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or other methods that involve the physical holding of an individual, if necessary, for the purpose of:

    3. (3) The term restraint means “restraint” as defined in RSA 126-U:1, IV as applied to a person who has not reached 18 years of age, or who is otherwise a child as defined by RSA 126-U:1, I.

12. (l) “Seclusion” means the involuntary confinement of an individual who:

    1. (1) With regard to a person who is 18 or older:

       1. a. Is placed alone in a room or area from which the individual is physically prevented, by lock or person, from leaving; and
       2. b. Cannot or will not make an informed decision to agree to such confinement; or
    2. (2) The term “seclusion” as defined in RSA 126-U:1, V-a as applied to a person who has not reached 18 years of age, or who is otherwise a child as defined by RSA 126-U:1, I.
13. (m) “Training” means provision of education to staff, based on the specific needs of the individual population, resulting in demonstrated knowledge and documented competency.
14. (n) “Treatment” means medical or psychiatric care, excluding seclusion or restraint, provided by a physician, or a person acting under the direction of a physician, in accordance with generally accepted clinical and professional standards.

Source. #3095, eff 8-19-85; EXPIRED: 8-19-93 New. #5204, eff 8-22-91, EXPIRED: 8-22-97 New. #7183, eff 12-24-99, EXPIRED: 12-24-07 New. #9120, eff 4-3-08, EXPIRED: 4-3-16 New. #11102, INTERIM, eff 5-25-16, EXPIRED: 11-21-16 New. #12077, eff 12-28-16; ss by #14033-B, eff 7-30-24