Section He-M 612.04 - Treatment and Security Transfers Whenever a facility has custody of a person for a period of involuntary emergency admission or involuntary admission, the administrator of the facility or the administrator's designee shall order the transfer of the person to another receiving facility under the following circumstances and procedures:
(a) Transfers for treatment purposes shall be ordered if: (1) A person's condition is such that the facility which has custody cannot reasonably provide the treatment required to stabilize or ameliorate the person's condition; and(2) The administrator or the administrator's designee has determined that the facility to which the person is to be transferred can provide the treatment the person requires;(b) Transfers for security purposes shall be ordered if: (1) A person's behavior is such that the facility which has custody cannot reasonably provide the supervision and control necessary to prevent the person from causing bodily harm to self or others, or significant damage to property; and(2) The administrator or the administrator's designee has determined that the facility to which the person is to be transferred can provide the supervision and control the person requires;(c) All transfers under He-M 612.04 shall only occur following the prior approval of the commissioner or the commissioner's designee;(d) The commissioner or the commissioner's designee shall grant prior approval for transfer verbally or in writing after: (1) Consideration of the facts upon which the transfer order was based; and(2) Determination that the transfer complies with He-M 612;(e) When a transfer is to be made for treatment or security purposes, the administrator or the administrator's designee shall sign a transfer order which shall state the reasons for the transfer and the facility to which the person is to be transferred;(f) The administrator or the administrator's designee shall give: (1) The person to be transferred: a. A copy of the transfer order; andb. A verbal explanation of: 2. The transfer procedures; and3. The right to object to the transfer; and(2) The person's guardian and attorney, if any, a copy of the order;(g) The administrator of a facility shall order an emergency transfer of a person without securing the prior approval of the commissioner if: (1) There is serious likelihood that the person or others will be in danger if the transfer is not made; and(2) An immediate transfer is necessary in order to protect the person or others;(h) Immediately following an emergency transfer of a person, the administrator of a facility shall provide to the commissioner or the commissioner's designee a copy of the transfer order required by He-M 612.04(d) ;(i) Within 48 hours of receipt of a transfer order, the commissioner or the commissioner's designee shall either approve the transfer or disapprove the transfer based upon the criteria listed in (g) (1) and (2), and, if the- transfer is disapproved, the person shall be promptly returned to the facility from which the person was transferred;(j) Objections to transfers under this section shall require emergency action pursuant to He-M 204;(k) Once transferred, a person shall be subject to RSA 135-C as if originally placed in the custody of the facility to which the person was transferred;(l) Transportation of a person under this section shall be arranged by the facility making the transfer;(m) The person shall be transported by staff of the facility from which or to which the person is being transferred or by any law enforcement officer empowered to transport under RSA 135-C:62; and(n) If the person to be transferred is a child, any transportation, notice and documentation shall comply with the requirements of RSA 126-U:12.N.H. Admin. Code § He-M 612.04
#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.