Section He-M 315.08 - Suspension of Membership or Participation(a) A PSA shall suspend a member or participant for the day and require him or her to immediately leave the agency premises under the following circumstances: (1) The member or participant engages in behavior that poses an imminent risk of harm to the health and safety of others in the agency;(2) The member or participant engages in behavior which poses an imminent risk of harm to his or her own health or safety; or(3) The member or participant is verbally abusive of others in the agency.(b) A PSA may suspend a member or participant for up to 12 months under the following circumstances: (1) The member or participant steals or destroys the property of the PSA or any person while on the premises of the PSA;(2) The member or participant engages in behavior that substantially interferes with the use and enjoyment of the premises by others; or(3) The member or participant violates a rule of the PSA for which the rules of the PSA impose such a suspension.(c) If the member or participant denies allegations made pursuant to a suspension and files a complaint pursuant to He-M 315.10, a proposed suspension under He-M 315 shall not be effective unless: (1) The member or participant is arrested by the police; or(2) The allegation is founded following a review pursuant to the PSA's internal complaint procedures.(d) Whenever a member or participant is directed to leave a PSA pursuant to He-M 315, the agency shall, no later than 24 hours after the person is excluded, create a written record which contains the following information: (1) A full description of the member's or participant's behavior that resulted in him or her being directed to leave the PSA; and(2) The PSA shall make good faith effort to obtain the signature(s) of the individual(s) who witnessed the behavior.(e) Any member or participant suspended from services available on-site at a PSA shall be eligible for off-site services offered by the PSA, such as warm-line services, provided that he or she agrees to comply with all rules of the PSA.(f) Any member or participant suspended from services available off-site shall be eligible for on-site services offered by the PSA, provided that he or she agrees to comply with all rules of the PSA.(g) Providers shall ensure that all guests follow the same rules as members and participants, and shall ask guests to leave the premises of the PSA if they refuse to comply.(h) Any member or participant suspended pursuant to He-M 315 for a period of more than 5 days shall be reinstated following the suspension period at such time as a reentry plan developed by the member or participant which addresses the circumstances that led to the suspension is accepted by the PSA director or his or her designee.(i) Any member or participant subject to suspension may exercise his or her rights as provided in He-M 315.N.H. Admin. Code § He-M 315.08
Amended by Volume XXXVII Number 23, Filed June 8, 2017, Proposed by #12191, Effective 5/26/2017, Expires 5/26/2027.