Section He-M 305.03 - Emergency Response(a) As soon as possible after an admission, the treatment staff of the facility and the individual shall develop a crisis plan to:(1) Identify the individual's preferred response to a psychiatric emergency situation in order to avoid more restrictive interventions;(2) Identify the individual's history of physical, sexual, or emotional trauma, if any;(3) Minimize the possibility of involuntary emergency measures; and(4) If the individual is a child, the plan shall meet the requirements of RSA 126-U:3.(b) Involuntary emergency treatment, seclusion, or restraint in a facility shall not be implemented unless a physician determines that a personal safety emergency exists.(c) A physician shall authorize involuntary emergency treatment, seclusion, or restraint without consent of the individual or his or her guardian only following personal examination or observation, except as provided in He-M 305.04 or He-M 305.05(b) .(d) No involuntary emergency treatment shall be administered pursuant to He-M 305 unless it is to take effect within 24 hours and is expected to alleviate or ameliorate the status or condition which has caused the emergency.(e) The emergency response that is administered pursuant to He-M 305 shall be an intervention that:(1) Is expected to be effective;(2) Considers whether any of the following factors regarding the individual's condition would require special accommodation to ensure necessary communication and the individual's safety:b. Psychological factors; andc. Physical factors, including: 1. Blindness or other limitations of sight;2. Deafness or other limitations of hearing; and3. Any other physical limitation that would require special accommodation;(3) Is the least restrictive of the individual's freedom of movement; and(4) Gives consideration to the individual's preferred response to a psychiatric emergency situation.(f) Involuntary emergency treatment, seclusion, or restraint ordered following a personal safety emergency shall be authorized for no more than is necessary, but in no case for more than 24 hours in accordance with He-M 305.04(k) .(g) If the individual is a child, and the emergency response and involuntary emergency treatment set forth in (c) through (e) above includes the use of restraint or seclusion, that use shall be made in accordance with RSA 126-U:5, RSA 126 U:5-a, and RSA 126 U:5-b and shall not include techniques listed in RSA 126-U:4.(h) If the individual is a child, notification of the use of restraint or seclusion as part of an emergency response in (a) -(g) above shall be made to the child's parent or guardian pursuant to RSA 126-U:7.N.H. Admin. Code § He-M 305.03
#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
Amended by Volume XXXVI Number 23, Filed June 9, 2016, Proposed by #11102, Effective 5/25/2016, Expires 11/21/2016.Amended by Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12077, Effective 12/28/2016, Expires 12/28/2026.