Section He-M 529.05 - Emergency Transfers(a) A person who has been admitted to a DRF by an involuntary admission pursuant to RSA 171-B:12 shall, in the event that an emergency is determined to exist pursuant to (b) below, be transferred to another DRF by the DRF administrator without the prior approval of the bureau administrator.(b) A DRF administrator shall determine that an emergency exists when there is serious likelihood of danger to the person or to others or a serious likelihood of substantial damage to property if the transfer is not made and an immediate transfer is necessary in order to protect the person or others.(c) The determination of a serious likelihood of danger shall be based upon the behavior(s) of the person to be transferred or other circumstances that create a strong probability that the person will cause or attempt to cause harm to self or others, or will cause or attempt to cause substantial damage to property and the DRF cannot reasonably provide the degree of safety and security necessary to prevent the harm or the damage.(d) Prior to the emergency transfer of the person, the DRF administrator or his or her designee shall: (1) Inform the person verbally and in writing of the transfer and reasons therefor; and(2) Give the person an opportunity to consent to the transfer.(e) The commissioner shall, within 24 hours, excluding Saturdays, Sundays and holidays, of an emergency approve the transfer of the person if the criteria identified in (b) above have been met.(f) If the approval referenced in (e) above is not granted within 24 hours after the transfer, the person shall be immediately returned to the DRF from which he or she was transferred.(g) If the commissioner approves the emergency transfer and the person transferred has consented to the transfer, no further action shall be necessary and the person will then be in the care and custody of the DRF to which he or she has been transferred.(h) If the person being transferred 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.(i) A hearing shall be conducted in accordance with the procedures set forth in He-M 202.08 and He-C 200 within 72 hours, excluding Saturdays, Sundays and holidays, after the transfer has been approved. The review or hearing may occur following the transfer.(j) Following a hearing, the person shall promptly be returned to the DRF from which he or she was transferred if the commissioner finds that an emergency pursuant to (b) above did not exist.N.H. Admin. Code § He-M 529.05
#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.