N.H. Admin. Code § He-M 613.04

Current through Register No. 50, December 12, 2024
Section He-M 613.04 - Involuntary Admission of Adults to NHH
(a) Involuntary Emergency Admission (IEA) shall be made according to the following criteria:
(1) If the official current Judicial Branch form (NHJB-2826-D) including the petitioner's statement, the physical examination, mental examination, and certificate of examining physician or APRN requesting admission are complete as to form and content, the admission:
a. Shall be made if the person being referred meets the criteria for admission specified in RSA 135-C:27, as judged by the NHH admitting practitioner; or
b. Shall be denied if, in the opinion of the admitting practitioner, with the verbal concurrence of the medical director or his or her designee, the person being referred fails to meet the criteria specified in RSA 135-C:27;
(2) If an IEA is denied, the denial shall result in the admitting practitioner immediately notifying the certifying practitioner and the CMHP of the reason(s) for the denial;
(3) Except as allowed by (4) below, if a practitioner's certificate or petition requesting admission is not complete as to form and content:
a. The person being referred shall not be admitted;
b. The person being referred shall be returned to the place where he or she was taken into custody; and
c. The admitting practitioner shall notify the certifying practitioner and the community mental health program approving that practitioner of the reasons for the denial of the admission; and
(4) Minor deficiencies in the form and content of the petition and practitioner's certificate including a misplaced or omitted signature, or the failure to transmit to the court the original petition or original practitioner's certificate, or any other detail that on its own would not result in a denial of admission, shall:
a. Not be the cause for denial of an admission pursuant to He-M 613.04(a) (2) above; and
b. Be remedied within 24 hours of admission.
(b) Non-emergency involuntary admissions shall be made according to the following criteria:
(1) Pursuant to RSA 135-C:34, the person being admitted shall be in such mental condition as a result of mental illness as to create a potentially serious likelihood of danger to self or others; and
(2) Admissions shall not occur unless ordered by a probate court pursuant to RSA 135-C:45.

N.H. Admin. Code § He-M 613.04

#4838, eff 6-15-90, EXPIRED: 6-15-96

New. #7050, eff 6-29-99, EXPIRED: 6-29-07

New. #9191, eff 6-26-08

Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11183, Effective 9/20/2016, Expires 9/20/2026.