TITLE X
PUBLIC HEALTH

CHAPTER 135-C
NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM

Section 135-C:2

    135-C:2 Definitions. –
As used in this chapter:
I. "Absolute discharge" means the final and complete discharge of a mentally ill patient from any form of treatment by the department.
II. "Administrator" means the superintendent, executive director, or other chief administrative officer of any facility or of any community mental health program operated under the supervision of the commissioner.
II-a. "Advanced practice registered nurse" or "APRN" means 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.
II-b. "Behavioral health crisis programs" means the continuum of services to address crisis intervention, crisis stabilization, and crisis residential treatment needs of those with a mental health and/or substance use disorder crisis that are person-first, wellness, resiliency, and recovery oriented. These include, but are not limited to, crisis intervention, including counseling provided by centers participating in the National Suicide Prevention Lifeline network, mobile crisis response teams, and crisis receiving and stabilization services.
III. "Commissioner" means the commissioner of the department of health and human services.
IV. "Community mental health program" means a program established and administered by the state, city, town, or county, or a nonprofit corporation for the purpose of providing mental health services to the residents of the area and which minimally provides emergency, medical or psychiatric screening and evaluation, case management, and psychotherapy services.
V. "Conditional discharge" means the release of an involuntarily admitted person from a receiving facility on the condition that the person accept treatment in the community or be subject to readmission.
VI. "Department" means the department of health and human services.
VII, VIII. [Repealed.]
IX. "Informed decision" means 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.
X. "Mental illness" means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It does not include impairment primarily caused by: (a) epilepsy; (b) intellectual disability; (c) continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or (d) dependence upon or addiction to any substance such as alcohol or drugs.
XI. "Neglect" means 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 an incapacitated adult.
XII. "Physician" means a medical doctor licensed to practice in New Hampshire.
XII-a. "Physician assistant" or "PA" means a physician assistant licensed to practice in New Hampshire.
XIII. "Psychiatrist" means a physician licensed to practice in New Hampshire who is either board certified or board eligible according to the most recent regulations of the American Board of Psychiatry and Neurology, Inc., or its successor organization.
XIV. "Receiving facility" means a treatment facility which is designated by the commissioner to accept for care, custody, and treatment persons involuntarily admitted to the state mental health services system.
XV. "Severely mentally disabled" means having a mental illness which is either so acute or of such duration as to cause a substantial impairment of a person's ability to care for himself or to function normally in society in accordance with rules authorized by RSA 135-C:61.
XV-a. "Transitional housing program services" means a residential program that provides housing and support services to persons with serious and persistent mental illness through a contract with the department of health and human services.
XVI. "Treatment" means examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to clients in the mental health services system. Treatment shall not include examination or diagnosis for the purpose of determining the need for involuntary emergency admissions pursuant to RSA 135-C:27-33 or involuntary admissions pursuant to RSA 135-C:34-54.

Source. 1986, 212:1. 1995, 310:170, III, 175, 183. 2001, 184:2. 2002, 36:1. 2008, 52:3. 2009, 54:4, 5. 2011, 209:1, eff. July 1, 2011; 224:15, eff. July 1, 2011. 2018, 343:4, eff. July 1, 2018. 2019, 278:2, eff. Sept. 17, 2019. 2023, 240:2, eff. Aug. 8, 2023.