Section He-M 611.05 - Transfers to the Unit(a) The chief executive officer of New Hampshire hospital, or designee, or the administrator of a developmental services DRF shall transfer a person from the DRF to the unit under the following circumstances:(1) The person was admitted either to New Hampshire hospital or the developmental services DRF by: a. An involuntary emergency admission pursuant to RSA 135-C:27-33;b. An involuntary admission pursuant to RSA 135-C:34-54;c. An involuntary admission pursuant to RSA 171-B; ord. The administrator of a state DRF;(2) The chief executive officer, or designee, or administrator has determined that the person would present a serious likelihood of danger to self or others if retained at either New Hampshire hospital or the developmental services DRF;(3) Such determination of serious likelihood of danger is based upon the behavior(s) of the person to be transferred or other circumstances which create a strong probability that New Hampshire hospital or the developmental services DRF cannot reasonably provide the degree of safety and security necessary to prevent the harm;(4) The person has been informed verbally and in writing of the proposed transfer and the reasons therefor, and has been given the opportunity to consent or object to the transfer in accordance with the requirements in He-M 611.07; and(5) The commissioner and the corrections commissioner, or a third party who is mutually acceptable to the commissioner and corrections commissioner, determine that the criteria in (1)-(4) above have been met.(b) In approving or objecting to a transfer pursuant to (c)-(g) below, the commissioner, corrections commissioner, or third party shall determine whether the criteria in He-M 611.05(a)(1)-(4) have been met. Any transfer that meets such criteria shall be approved.(c) An order for transfer shall be signed by the chief executive officer of New Hampshire hospital, or designee, or by the administrator of the developmental services DRF and sent to the commissioner for approval. If the commissioner objects to the transfer, the transfer shall not be made. If the commissioner approves the transfer, the order for transfer shall be sent to the corrections commissioner.(d) If the corrections commissioner, or his or her designee, objects to the transfer, the transfer shall not be made. However, the commissioner and the corrections commissioner may agree to have the disagreement resolved by a mutually acceptable third party. The decision of the third party shall be binding upon the commissioner and the corrections commissioner.(e) If the third party objects to the transfer, the transfer shall not be made.(f) If the commissioner and the corrections commissioner, or the third party, approve the transfer and the person to be transferred has consented to the proposed transfer, the administrator ordering the transfer shall be notified and shall make arrangements for the transfer in accordance with He-M 611.08.(g) A transfer shall be suspended to the unit until a bed is available. If a transfer is accepted pending bed availability, the unit administrator shall inform the referring DRF within 24 hours of a bed becoming available. . The person shall not be transferred unless the chief executive officer, designee, or other DRF staff familiar with the circumstances necessitating the transfer, or administrator who ordered the transfer determines that the person continues to meet the criteria in He-M 611.05(a)(1)-(4).(h) If the commissioner and the corrections commissioner, or the third party, approve the transfer and the person to be transferred objects to the proposed transfer and requests an appeal of the proposed transfer, the person shall not be transferred. A hearing on the proposed transfer shall be held in accordance with He-M 611.07 and He-C 200 within 5 days, excluding Saturdays, Sundays, and holidays after the transfer has been approved or suspended pending bed availability.N.H. Admin. Code § He-M 611.05
#7299, eff 5-25-00; amd by #7504, eff 6-16-01; ss by #9229, EMERGENCY, eff 8-5-08, EXPIRES: 2-1-09; ss by #9371, eff 2-1-09
Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12104, Effective 2/14/2017, Expires 8/13/2017.Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12341, Effective 7/25/2017, Expires 7/25/2027.Amended by Volume XLI Number 36, Filed September 9, 2021, Proposed by #13255, Effective 8/21/2021, Expires 8/21/2031.