New Hampshire Code of Administrative Rules He-M §202.02

“Definitions under the division of mental health and developmental services regulations”

 (a) “Abuse” means an intentional act or omission by an employee of an area agency or program harms or is likely to harm an individual’s physical, mental, or emotional health or safety.  Abuse includes emotional, physical, and sexual abuse.

(b) “Area agency” is a nonprofit organization established to provide services to developmentally disabled people.

(g) “Complaint” means:

• Any allegation that a right of an individual has been violated;
• Any allegation that an individual with abused, neglected, or exploited an employee of an area agency or program; and
• Any allegation that the department of health and human services or an area agency or program in an illegal or an unjust manner to an individual.

(k) “Emotional abuse” means the misuse of power or authority, verbal harassment, or unreasonable confinement that results or is likely to result in the mental anguish or emotional distress of an individual.

(l) “Exploitation” means the use of an individual’s person or property for another’s profit or advantage or breach of a fiduciary relationship through improper use of an individual’s person or property.

(o) “Incident report” means a document used to inform management, supervisory staff, or any other appropriate staff of a program or facility of a serious injury or other event threatening the health or safety of individuals or staff.

(p) “Individual” means a person with a developmental disability or acquired brain disorder who receives services from an area agency or program.

(q) “Neglect” means an act or omission which results or is likely to result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health of an individual.

(s) “Physical abuse” means the use of physical force which results or is likely to result in physical injury to an individual.

(w) “Sexual abuse” means contact or interaction of a sexual nature between an individual and an employee of an area agency or program.

(z) “Unreasonable confinement” means any confinement that is neither medically necessary nor necessary for the protection of a person or to prevent harmful behavior, or confinement used with punitive intent.