N.H. Admin. Code § He-M 614.07

Current through Register No. 50, December 12, 2024

Section He-M 614.07 - Completion of Certificate by Certifying Practitioner

(a) The certificate portion of the petition and certificate form shall be completed in accordance with the following:

(1) Within 3 days of completion of the petition, a certifying practitioner shall state the following on page 8 of the petition and certificate:

a. He or she is a licensed practitioner who is on the list identified in He-M 614.06 as approved to certify IEAs;

b. He or she is not a relative of the person named in the petition who is alleged to be mentally ill;

c. He or she has conducted or has designated a licensed practitioner to conduct a physical examination of the individual;

d. He or she has conducted or has designated a licensed practitioner to conduct a mental examination of the individual;

e. The time and date that he or she personally examined the person sought to be admitted and that this time and date are within 3 days of completion of the attached petition;

f. Certify that as a result of the physical and mental examinations that the certifying practitioner has completed and/or reviewed, and the acts or behaviors the licensed practitioner has observed or which were reported by the petitioner and/or witness, the criteria of RSA 135-C:27 are satisfied, as the person is in such mental condition as a result of mental illness as defined in He-M 614.02(m), that he or she poses a serious likelihood of danger to self or others as described in He-M 614.03(b);

g. He or she understands they may be required to appear in court for a hearing;

h. The DRF which can best provide the degree of security and treatment required by the person sought to be admitted;

i. That the certifying practitioner informed the person of the DRF to which the person will be or will likely be transported;

j. All statements are true; and

k. The certifying practitioner's signature, printed name, address, and phone number;

(2) A certifying practitioner shall not complete a certificate for a person who consents to voluntary mental health treatment at any time the individual is under the care of the certifying practitioner, unless the individual withdraws that consent and the practitioner subsequently determines that an IEA is necessary; and

(3) A certifying practitioner shall only complete a certificate for a person:

a. When the certifying practitioner has determined that the dangerous behavior(s) is not caused by an untreated physical ailment;

b. When the certifying practitioner has determined that the dangerous behavior(s) is not caused by the influence or acute withdrawal from alcohol or other substances;

c. When the certifying practitioner has determined that the dangerous behavior(s) is not caused by an intellectual disability as defined in RSA 135-C:2, X;

d. When the certifying practitioner has determined that the dangerous behavior(s) is not caused by a neurocognitive disorder, such as Alzheimer's disease or dementia; and

e. When the certifying practitioner has reviewed and considered a less restrictive voluntary option for treatment in accordance with He-M 614.10(a).

(b) The petition and certificate are not complete until:

(1) All requirements of He-M 614.04 through 614.07 are met;

(2) The DRF to which the individual is transferring is identified on the petition and certificate. If a DRF bed is not available, the certifying practitioner shall identify on the petition and certificate the DRF which best meets the needs of the patient; and

(3) Be signed and dated by the certifying practitioner.

(c) The individual shall be admitted to the state mental health system as soon as the petition and certificate are complete.

(d) Treatment of individuals within the state mental health system shall be administered in accordance with all applicable federal and state laws and rules, such as:

(1) All practitioner or clinical standards of practice such as RSA 329, RSA 328-D, and RSA 326-B and the rules promulgated thereunder;

(2) All health facility standards such as RSA 151, He-P 802, and Center for Medicare and Medicaid Services (CMS) conditions of participation;

(3) The Emergency Medical Treatment and Labor Act (EMTALA); and

(4) Any other federal and state laws and rules that govern the treatment of individuals seeking and receiving mental health treatment from a medical provider.

N.H. Admin. Code § He-M 614.07

Amended by Volume XLII Number 14, Filed April 7, 2022, Proposed by #13350, EMERGENCY RULE, Effective 3/16/2022, Expires 9/12/2022 (EMERGENCY).

Derived from Volume XLII Number 45, Filed November 10, 2022, Proposed by #13456, Effective 10/6/2022, Expires 10/6/2032.