Section He-M 614.10 - Rescission of Involuntary Emergency Admission(a) Following completion of a certificate pursuant to RSA 135-C:28 and before custody of the person is accepted by a law enforcement officer pursuant to RSA 135-C:29, the certificate shall be rescinded if the individual no longer meets the criteria of RSA 135-C:27.(b) Following completion of a certificate pursuant to RSA 135-C:28 and before custody of the person is accepted by a law enforcement officer pursuant to RSA 135-C:29, the certificate may be rescinded and the person who is the subject of the certificate released in any of the following circumstances: (1) A mobile crisis team under contract with the department accepts transfer of the person's care;(2) An assertive community treatment team operated by a CMHP accepts transfer of the person's care;(3) A community-based provider accepts transfer of the person's care;(4) Clinical reasons preclude the continuation of an IEA; or(5) Any other circumstance exists that the certifying practitioner believes addresses the individual's needs and the individual's care can be conducted safely outside of inpatient treatment.(c) A rescission shall be completed on form "Involuntary Emergency Admission Invalidation Form" (September 2022) and sent to the DRF identified on the completed petition and certificate, the court, and to NHH.(d) Upon the rescission of the certificate in accordance with (a) or (b) above, the hospital emergency department shall immediately notify the patient that the certificate has been rescinded and that the patient is no longer in custody.(e) Pursuant to RSA 135-C:29-a, no civil action shall be maintained against a person who rescinds an involuntary admission in accordance with (a) or (b) above, provided that the practitioner is acting in good faith within the limits of their authority.N.H. Admin. Code § He-M 614.10
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.