Section He-M 305.08 - Notice and Right of Appeal(a) On the business day following administration of emergency treatment, seclusion, or restraint under He-M 305, the individual's case manager or another staff member designated by the program or facility shall forward the following to the individual or his or her guardian: (1) A copy of the record completed pursuant to He-M 305.06(a) ;(2) The specific rules that support, or the federal or state law that requires, the action;(3) Notice of the individual's right to complain against and appeal the administration of emergency treatment as a client rights violation in accordance with the emergency procedures contained in He-M 204 and He-C 200, rules of practice and procedure;(4) Notice of the right to have representation in an appeal by:(5) Notice that neither the facility nor the bureau is responsible for the cost of representation; and(6) Notice of organizations with their addresses and phone numbers that might be available to provide legal assistance and advocacy, including the Disabilities Rights Center and pro bono or reduced fee assistance.(b) Appeals of the final decision under He-M 204 shall be forwarded, in writing, to the director of the bureau of behavioral health in care of the department's office of client and legal services. An exception shall be that appeals may be filed verbally if the individual is unable to convey the appeal in writing.(c) The director shall immediately forward the appeal to the department's administrative appeals unit for action in accordance with He-C 200. The burden shall be as provided by He-C 203.14. A proposed decision shall be issued in accordance with He-M 204.N.H. Admin. Code § He-M 305.08
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.