N.H. Admin. Code § He-M 612.05

Current through Register No. 45, November 7, 2024

Section He-M 612.05 - Transfers to Less Restrictive Settings

(a) Whenever a receiving 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 if:

(1) That facility can provide an environment which is less restrictive of the person's freedom of movement than the receiving facility having custody of the person; and

(2) That facility can provide the care, treatment, and security required for the person.

(b) When a transfer is being made to a facility with a less restrictive setting, the administrator or the administrator's designee shall sign an order of transfer. The transfer order shall state the reason for the transfer and the facility to which the person is to be transferred.

(c) The administrator or the administrator's designee shall give:

(1) The person to be transferred:

a. A copy of the transfer order; and

b. A verbal explanation of:

1. The transfer order;

2. The transfer procedures; and

3. The right to object to the transfer; and

(2) The person's guardian and attorney, if any, a copy of the order; and

(3) If the person to be transferred is a child, the required notice and documentation required by RSA 126-U:12.

(d) No transfer shall take place under He-M 612.05 without the prior approval, based on the criteria listed in (a) above, of the commissioner and the administrator of the facility to which the person is being transferred.

(e) If a person being transferred under He-M 612.05 objects to the transfer, the challenge shall be treated as a client complaint in accordance with He-M 204.

(f) 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.

(g) Transportation of a person under this section shall be arranged by the facility making the transfer.

(h) 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.

N.H. Admin. Code § He-M 612.05

#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.