N.H. Admin. Code § Cor 304.06 - Procedures for Commitment to the Secure Psychiatric Unit
(a) All persons committed or transferred to
the unit pursuant to
RSA
171-B:2,
RSA
135:17-a,
RSA
135-C:34,
RSA
135-E:4,
RSA 135-E:11,
RSA 623:1,
RSA
651:8-b,
RSA 651:9-a,
RSA
651:11, or
RSA
651:11-a, as lawfully ordered by the court of
competent jurisdiction or the commissioner, shall be persons under departmental
control or patients of the unit unless otherwise discharged pursuant to New
Hampshire law.
(b) A person in the
custody of the commissioner who needs hospitalization for a mental illness
shall be transferred to the unit following a due process hearing pursuant to
RSA 623:1.
If the person requires immediate transfer, the due process review shall occur
within 24 hours following the transfer.
(c) Any person subject to an involuntary
admission to New Hampshire hospital shall be transferred to the unit, per
RSA 622:40-48, upon a
determination that the person would present a serious likelihood of danger to
himself or to others if admitted to or retained at New Hampshire
hospital.
(d) Admission to the unit
shall be ordered by:
(1) A probate court
pursuant to the relevant sections of RSA 135-C, RSA 171, or RSA
135-E;
(2) A criminal court order
pursuant to the relevant sections of RSA 651; or
(3) An emergency transfer pursuant to RSA
623.
(e) Except upon an
order of court or in an emergency, no admission or transfer to the SPU shall
occur without the prior approval of the commissioner or designee and the
director of medical and forensic services or their designees. The request for
approval shall be made in writing to the commissioner by the sending unit. The
commissioner's approval shall be based upon the physician's or ARPN's
certification documenting the dangerousness of the person to self or others. In
such instances, if the person to be admitted or transferred objects to the
admission or transfer, he or she shall request a review of the decision by the
director of medical and forensic services or their designee. The review shall
occur prior to the admission or transfer, or within 24 hours following the
admission or transfer where immediate admission or transfer has been determined
necessary by the physician or APRN to protect the person or others. If the
director of medical and forensic services upholds the objection of a person to
be transferred, the transfer shall not be made. If the director of medical and
forensic services upholds the objection of a person already admitted or
transferred, the person shall promptly be transferred back to a receiving
facility named by the director of medical and forensic services.
Notes
(See Revision Note at chapter heading for Cor 300) #7448, eff 2-6-01; ss by #9383, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9508, eff 7-8-09
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.