N.H. Admin. Code § Cor 501.02 - Definitions
(a) "Administrator "
means the non-medical administrator of the secure psychiatric unit (SPU) or, in
the absence of the administrator , the designee in charge of the
facility .
(b) "Administrative
review committee (ARC) " means a committee comprised of administrators from the
division of medical and forensic services assigned by the director of medical
and forensic services as a risk management and clinical review committee of the
treatment rendered to residents who have committed sexually-related offenses or
have a documented sexually violent history.
(c) "Advance practice registered nurse
(APRN) " means an advanced practice registered nurse licensed by the board of
nursing who is certified as a psychiatric behavioral health nurse practitioner
by a board-recognized national certifying body.
(d) "Behavioral contract " means a document
that addresses current negative behaviors which are preventing a resident from
being successful in a program or treatment , and that contains an agreement to
ensure that the resident is made aware of concerns and how the resident and
treatment provider can work together to resolve barriers to
treatment .
(e) "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.
(f)
"Completion without full application " means that the sexual offender treatment
participant is not consistently demonstrating use of the tools and concepts
learned in treatment and is not consistently demonstrating the application of
interventions necessary for full completion.
(g) "Correctional Offender Record Information
System (CORIS) " means the resident 's official electronic record.
(h) "Cycle of offending " means an individual
model which graphically demonstrates early antecedents in a person's sexual
offending behavior.
(i)
"Department" means the department of corrections.
(j) "Emergency " means the physical or
behavioral status of a resident that, if not treated promptly, will likely
result in substantial harm to the resident or others.
(k) "Facility " means New Hampshire state
prison for men, New Hampshire correctional facility for women, northern New
Hampshire correctional facility , the residential treatment unit, and the
SPU.
(l) "Female sexual offender
treatment services " means treatment for females that have sexually related
charges unique to the needs and differing typologies of the female
offender.
(m) "Individual " means a
person receiving services from a facility .
(n) "Individual treatment plan (ITP) " means a
documented plan that describes the resident 's condition and procedures that
will be needed, detailing the treatment to be provided, expected outcomes, and
expected duration of the treatment outlined by the treating clinician and with
the resident 's feedback.
(o)
"Informed decision " means a choice made voluntarily by an individual or
applicant for services or, where appropriate, such person's legal guardian, or
durable power of attorney after all relevant information necessary to making
the choice has been provided, when:
(1) The
person understands that he or she is free to choose or refuse any available
alternative;
(2) The person clearly
indicates or expresses his or her choice; and
(3) The choice is free from all
coercion.
(p) "Involuntary
admission " means admission to the secure psychiatric unit pursuant to
RSA
623:1.
(q) "Lack of capacity " means the inability of
a person, after efforts have been made to explain the nature, effects, and
risks of the proposed treatment and alternatives to the proposed treatment , to
engage in a rational decision-making process regarding the proposed treatment
as evidenced by his or her inability to weigh the nature, purpose, risks, and
benefits of the proposed treatment and any available alternatives and the
likely consequences of refusing treatment .
(r) "Licensed provider " means a provider
licensed in the state of New Hampshire.
(s) "Maintenance contract " means a document
created by residents in the sexual offender treatment programs to mitigate
sexual re-offending. This is an agreement that is a work in progress during
treatment and residents leave with a contract. This document includes the
resident 's triggers, and his or her abilities to change thinking patterns, and
ideas to keep him or her free from reoffending.
(t) "Medical emergency " means a physical
condition of a patient which, if not treated, will result in an immediate,
substantial, and progressive deterioration of a serious physical illness or
injury.
(u) "Nursing staff " means a
registered or licensed practical nurse or other care provider working under the
direct supervision of a registered nurse.
(v) "Patient " means a person involuntarily
admitted to the SPU by order of a probate court pursuant to
RSA 623:1,
or any other person admitted to the SPU.
(w) "Personal safety emergency " means a
physical status, a behavioral status, or 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.
(x) "Physician " means a medical doctor
licensed in the state of New Hampshire who is employed by, consultant to, or
otherwise under contract with the department.
(y) "Psychiatric emergency " means a condition
of a patient , resulting from psychiatric illness, which, if not treated
promptly, likely will result in either:
(1)
Imminent danger of harm to the patient or others as evidenced by:
a.Symptoms that in the past have immediately
preceded acts of harm to self or others; or
b.A recent overt act including, but not
limited to, an assault or self-injurious behavior when the likelihood of
preventing such harm would be substantially diminished if treatment is delayed;
or
(2) Deterioration of
the patient 's psychiatric status from his or her usual behavioral status as
manifested by exacerbation of psychiatric symptoms that potentially endanger
self or others, or lead to severe self-neglect, or lead to a failure to
function in a less restrictive environment when the likelihood of stabilizing
and reversing such deterioration would be substantially diminished if treatment
is delayed.
(z)
"Resident " means any person housed in a department facility , work center, or
transitional housing unit.
(aa)
"Restraint " means a mechanical device, drug, or medication when it:
(1) Is used as a restriction to manage an
individual 's behavior or restrict the individual 's freedom of
movement;
(2) Is not a standard
treatment or dosage for the individual 's condition, in order to modify a
individual 's interaction with others to achieve the highest level of function;
or
(3) Any manual method, physical
or mechanical device, material, or equipment that immobilizes an individual or
reduces the ability of an individual to move his or her arms, legs, 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 permitting the individual to participate in activities
without the risk of physical harm.
(ab) "Safety booth " means an enclosure a
resident is placed in, that allows the resident who is known to be assaultive
towards others to have interpersonal interactions with other residents and to
participate in group gatherings that include, but are not limited to, group
therapy and educational classes.
(ac) "Seclusion " means the involuntary
confinement of an individual who is 18 or older who:
(1) Is placed alone in a room or area from
which the individual is physically prevented, by lock or person, from leaving;
and
(2) Cannot or will not make an
informed decision to agree to such confinement.
(ad) "Steering committee " means a group of
participants that steers the direction of a unit or program. The committee
works on projects such as the contract, agenda for monthly unit meeting and is
the voice of the unit.
(ae) "Sexual
offender treatment services (SOTS) " means treatment specifically established to
create accountability and eliminate any further sexual victimization and
sexually deviant behaviors.
(af)
"Training " means provision of education to staff, based on the specific needs
of the individual population, resulting in demonstrated knowledge and
documented competency.
(ag)
"Treatment " means medical or psychiatric care, excluding seclusion or
restraint , provided by a physician , a person acting under the direction of a
physician , or a clinician in accordance with generally accepted clinical and
professional standards.
(ah)
"Treatment team " means all the disciplines participating in the implementation
and oversight of the individual treatment plan.
Notes
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