Section He-M 614.08 - Filing of Completed Petition and Certificate for Involuntary Emergency Admission(a) Immediately upon completion of the certificate, the certifying practitioner or designee shall transmit the petition and certificate in its entirety to the DRF identified on the certificate.(b) If NHH is identified as the DRF on the petition and certificate, the completed petition and certificate shall be sent directly to NHH.(c) If another DRF is identified on the petition and certificate, the completed petition and certificate shall be sent to that DRF with a copy of the petition and certificate sent to NHH.(d) If NHH determines prior to filing with the court that the petition and certificate is not completed in accordance with the requirements of this rule, the petition and certificate shall be considered invalid.(e) If a certificate is determined invalid, the individual subject to the certificate shall not be considered in the state mental health services system until a certificate is complete.(f) The certifying practitioner shall be responsible for completing the certificate fully prior to resubmitting to NHH.(g) NHH shall contact the certifying practitioner to notify them that the certificate is invalid and that the individual is not in the custody of the state mental health system.(h) The completed petition and certificate shall be filed with the circuit court that shall schedule a probable cause hearing, even if the individual has yet to be transferred to the DRF.(i) If the person is transferred to a different DRF than the one originally identified on the certificate, or discharged to another non-DRF location, the hospital shall notify the original DRF of the transfer immediately upon knowledge of the change.(j) The DRF shall then notify the court in which the petition was filed and inform the court of the disposition and location, if known, of the individual.(k) Only the DRF originally identified on the petition and certificate shall be responsible for filing the completed petition and certificate with the court but any DRF shall consider for admission any completed petition and certificate received by any DRF.(l) The transmission of the petition and certificate to other medical providers as well as the court system shall be done in accordance with HIPAA and any other applicable privacy and confidentiality laws.N.H. Admin. Code § He-M 614.08
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.