Section He-M 612.03 - Status Transfers(a) Receiving facilities shall be designated under RSA 135-C:26 and He-M 405.04 for any one or more of the following purposes: (1) To receive persons for involuntary emergency admission beginning with initial custody and continuing through the day following the probable cause hearing;(2) To receive persons for the period of involuntary emergency admission after the probable cause hearing; and(3) To receive persons for involuntary admission pursuant to RSA 135-C:34-54.(b) Whenever a receiving facility has custody of a person for a period of an involuntary emergency admission or an involuntary admission and the facility has not been designated by the commissioner as a receiving facility for that purpose, the administrator of the receiving facility shall transfer the person to New Hampshire hospital, or another facility which has been designated for that purpose, for any remaining period of involuntary emergency admission or involuntary admission.(c) When a receiving facility is aware that it has custody of a person who requires a transfer under this section, the facility shall immediately notify New Hampshire hospital, or another facility which has been designated for that purpose, of the need to transfer the person;(d) Notification pursuant to (c) above shall be in the form of a transfer order which shall: (1) State the reason for the transfer;(2) Identify the facility to which the person is being transferred;(3) Be signed by the facility administrator or the administrator's designee; and(4) If the person to be transferred is a child, comply with the requirements of RSA 126-U:12.(e) A copy of the transfer order shall be given to the person being transferred and the person's guardian and attorney, if any.(f) Within 24 hours of receipt of a transfer order, the facility from which a person is being transferred shall arrange for transportation of the person from the facility to New Hampshire hospital or another facility receiving the person. The person shall be transported by facility staff, New Hampshire hospital staff, or any law enforcement officer empowered to transport under RSA 135-C:62.(g) If, prior to taking custody of a person under RSA 135-C:27-33 or RSA 135-C:34-54, a receiving facility determines that it has not been designated for the purpose for which the person is being placed at the facility, the administrator of the facility or the administrator's designee shall: (1) Refuse to accept custody of the person and direct the law enforcement officer transporting the person to deliver the person to a receiving facility which has the requisite designation; or(2) Admit the person to the facility and arrange a transfer pursuant to (c) and (d) above if the administrator or the administrator's designee determines that the refusal to accept custody likely will result in harm to the person or to others.(h) Once transferred, a person shall be subject to RSA 135-C, and RSA 126-U if applicable, as if originally placed in the custody of New Hampshire hospital or another facility to which the person was transferred.(i) If a person being transferred under He-M 612.03 objects to the transfer, the challenge shall be treated as a client complaint in accordance with He-M 204.N.H. Admin. Code § He-M 612.03
#3178, eff 1-21-86; ss by #5483, eff 10-23-92, EXPIRED: 10-23-98
New. #6982, eff 4-22-99, EXPIRED: 4-22-07
New. #9192, eff 6-26-08
Amended by Volume XXXVI Number 36, Filed September 8, 2016, Proposed by #11168, Effective 8/26/2016, Expires 8/26/2026.