Section He-M 609.03 - Grant of Conditional Discharge(a) The administrator of a facility shall grant a conditional discharge to a person who has been involuntarily admitted to the facility pursuant to RSA l35-C:34-54 when the following criteria have been met:(1) The person is determined to be in need of care;(2) A recommendation for conditional discharge of the person has been made in accordance with the procedures in He-M 609.03(b); and(3) The person or his or her guardian understands and, following an informed decision, consents to the conditions and term of discharge, including any requirement for participation in continuing treatment on an outpatient basis.(b) A recommendation for conditional discharge of a person shall be made to the administrator of a facility by a psychiatrist, APRN, or PA at the facility only after a conference has been held, pursuant to He-M 401.10 or He-M 401.11, in which: (1) The psychiatrist, APRN, or PA participated and concurred in the results thereof;(2) A determination has been made that the person is in need of care and the mental health treatment and supervision needed by the person can be provided in a CMHP, THPS, or other setting which is less restrictive of the person's freedom and ability to make informed decisions;(3) A recommendation for conditional discharge has been adopted; and(4) The person, community mental health center representative or THPS representative, and designated receiving facility (DRF) staff have agreed to the term of and conditions for discharge.(c) The facility to which the person to be conditionally discharged has been involuntarily admitted shall inform the person and his or her guardian, if any, orally and in writing of the term and conditions of discharge and of the criterion and process for revocation of conditional discharge.(d) No conditional discharge shall be granted by a facility unless the person to be discharged or his or her guardian, if any, has knowledge of and, following an informed decision, consents to the term and conditions of discharge and the provisions of He-M 609. Consent shall be documented in writing.(e) The term of conditional discharge granted to a person under He-M 609 shall not exceed the period of time remaining on the person's order of involuntary admission made pursuant to RSA l35-C:34-54.(f) Information regarding a person's conditional discharge shall be shared between the community mental health center or THPS and the facility serving the person as necessary to treat him or her and to otherwise carry out the purposes of RSA 135-C and He-M 609.N.H. Admin. Code § He-M 609.03
#2748, eff 6-14-84; ss by #4205, eff 1-15-87; ss by #4810, eff 5-1-90; ss by #5554 eff 1-15-93, EXPIRED: 1-15-99
New. #7228, eff 3-31-00; ss by #9113, INTERIM, eff 3-25-08, EXPIRES: 9-21-08; ss by #9240, eff 8-23-08
Adopted byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10641, Effective 7/18/2014, Expires7/18/2024.Amended by Volume XXXVI Number 45, Filed November 10, 2016, Proposed by #12014, Effective 10/25/2016, Expires 10/25/2026.Amended by Volume XLI Number 36, Filed September 9, 2021, Proposed by #13250, Effective 8/6/2021, Expires 2/2/2022 (EMERGENCY).Amended by Volume XLII Number 6, Filed February 10, 2022, Proposed by #13332, Effective 1/25/2022, Expires 1/25/2032.