Section He-M 529.04 - Transfers to Less Restrictive Settings(a) Whenever a DRF has custody of a person for a period of involuntary admission, the DRF administrator shall order the transfer of the person to another DRF if: (1) The DRF to which the person will be transferred can provide an environment that is less restrictive of the person's freedom of movement than the DRF having custody of the person; and(2) The DRF to which the person will be transferred can provide the care, treatment, and security required for the person.(b) When a transfer is being made to a DRF with a less restrictive setting, the administrator of the transferring DRF shall sign an order of transfer.(c) The transfer order shall state the reason for the transfer and identify the DRF to which the person is to be transferred.(d) The person to be transferred shall be given a copy of the transfer order and a verbal explanation of the order, the transfer procedures, and the right to object to the transfer.(e) A copy of the order shall also be sent to the person's guardian or attorney, if any.(f) Any transfer under He-M 529.04 shall require:(1) Prior approval by the bureau administrator, based upon a determination that the transfer criteria specified in (a) above have been met; and(2) Prior approval by the administrator of the DRF to which the person is being transferred.(g) If a person being transferred under He-M 529.04 objects to the transfer, the challenge shall be treated as an appeal in accordance with He-C 200, notwithstanding the consent of the person's guardian, if any.(h) Once transferred, a person shall be subject to RSA 171-B as if originally placed in the custody of the DRF to which the person was transferred.(i) Transportation of a person under this section shall be arranged by the DRF making the transfer, as follows: (1) The person may be transported by staff of the DRF from which or to which the person is being transferred; or(2) The person may be transported by any law enforcement officer empowered to transport under RSA 171-A:27.N.H. Admin. Code § He-M 529.04
#6216, eff 3-30-96, EXPIRED: 12-31-98
New. #7090, eff 8-31-99, EXPIRED: 8-31-07
New. #9062, eff 1-3-08
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11009, Effective 1/3/2016, Expires 7/1/2016.Amended by Volume XXXVI Number 28, Filed July 14, 2016, Proposed by #11125, Effective 7/1/2016, Expires 7/1/2026.