Section He-M 311.03 - Notice of Individual and Applicant Rights(a) Facilities shall inform individuals or guardians of the individual's rights under RSA 135-C and these rules in clearly understandable language and form, both verbally and in writing.(b) The notification of rights required pursuant to (a) above shall include, at a minimum, the following measures: (1) Individuals applying for services shall be informed of the rights in (a) above relating to evaluations and access to treatment;(2) Facilities shall provide meaningful and understandable information about the rights described in (a) above to individuals who are minors or who have been adjudicated incapacitated as well as to their parents, guardians, or attorneys;(3) Individuals shall be advised of their rights upon entry into any facility, upon change from one facility to another, and at least once a year after entry;(4) Every facility within the service delivery system shall post a notice of the rights set forth in these rules, as follows: a. The notice shall be posted continuously and conspicuously; andb. The notice shall be presented in clearly understandable language and form;(5) Each facility and community residence shall have on the premises complete copies of He-M 311 available for individual and staff review; and(6) Individuals admitted to a receiving facility pursuant to RSA 135-C:27-33 shall be given immediate notice by the facility administrator or his/her designee in simple language he/she understands, and written notice within 12 hours, of the following rights: a. To be represented by legal counsel;b. To have legal counsel appointed for him or her if he or she is indigent;c. To apply for admission on a voluntary basis;d. To consult with legal counsel prior to a change in admission status;e. That involuntary emergency admission shall not exceed a period of 10 days unless the period is extended pursuant to RSA 135-C:32; andf. That no treatment shall be administered during involuntary emergency admission unless the individual makes an informed decision to consent to treatment, or unless a medical or psychiatric emergency exists in accordance with He-M 305.(c) Each facility shall document notifications of He-M 311 in the individual's records.(d) Any person shall have the right to complain or bring a grievance on behalf of an individual or a group of individuals pursuant to He-M 204.N.H. Admin. Code § He-M 311.03
#4414, eff 4-27-88; ss by #5095, eff 3-15-91, EXPIRED: 3-15-97
New. #6759, eff 5-27-98; ss by #8641, INTERIM, eff 5-27-06, EXPIRES: 11-23-06; ss by #8758, eff 11-17-06
Amended byVolume XXXIV Number 46, Filed November 13, 2014, Proposed by #10707, Effective 11/15/2014, Expires5/14/2015.Amended byVolume XXXV Number 18, Filed May 7, 2015 , Proposed by #10820, Effective 4/23/2015, Expires4/23/2025.