Section He-M 614.12 - IEA Probable Cause Hearings(a) Within 3 days after completion of the certificate, not including Sundays and holidays, and subject to the notice requirements of RSA 135-C:24, there shall be a probable cause hearing in the circuit court having jurisdiction over the matter to determine if there is probable cause for involuntary emergency admission in accordance with RSA 135-C.(b) For 48 hours prior to the hearing, the person sought to be admitted shall not be given medication or treatment that would adversely affect their judgment or limit their ability to prepare for the hearing unless the person sought to be admitted makes an informed decision to consent to treatment or unless a medical or psychiatric emergency exists in accordance with the following: (1) A person's judgment is adversely affected or their ability to prepare is limited if they are unable to work with their counsel and unable to understand the reasons why an involuntary emergency admission is sought; and(2) If medication or treatment is given to the person sought to be admitted prior to the probable cause hearing, the physician prescribing the medication shall advise the district court of the nature of the medication, the reason for it, and its probable effect upon the person in writing, prior to the hearing or if at the hearing, presented by the physician.(c) If an individual has received medications within the 48 hour period prior to the hearing, the certifying provider or designee shall complete "48 Hour Rule-MEDICATION LISTING FORM" (September 2022).(d) The medication form identified in (c) above shall be sent to NHH or DRF identified on the certificate so that it can be sent to the court for its review.(e) For good cause, the person or the person's attorney may file a motion requesting a change of venue or transfer.(f) The hospital or DRF having custody of the person at the time the probable cause hearing is scheduled shall be responsible for ensuring the person has virtual or telephonic access so that the individual may participate in their hearing.N.H. Admin. Code § He-M 614.12
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.