Title XII, Public Safety and Welfare

I. There is hereby established within the department an institutional review board which shall be known as the committee for the protection of human subjects. The committee shall oversee research conducted in department-funded programs that serve people with mental illness, devel…

The commissioner may adopt rules, pursuant to RSA 541-A, relative to the operation of the committee for the protection of human subjects, established in RSA 171-A:19-a, the procedures, conditions, and criteria for the conduct and approval of research, and fees charged by the comm…

In this chapter: I. "Administrator" means the superintendent or chief administrative officer of any facility or of any program or service for the developmentally disabled conducted under the supervision of the commissioner or any employee he so designates as his deputy. I-a. "Are…

The standard to be used by a court, physician, psychologist or psychiatrist in determining whether a person should be admitted on an involuntary basis shall be whether: I. The person has been charged with a felony involving serious bodily injury or the use of a deadly weapon, or …

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and procedures for designation of receiving facilities which receive persons for involuntary admissions under RSA 171-B. A receiving facility may be designated by the commissioner for one or more …

I. When any person has been involuntarily admitted to a receiving facility pursuant to RSA 171-B or conditionally discharged pursuant to paragraph II of this section, the administrator of the receiving facility most recently providing services to the person may grant an absolute …

I. The administrator of a receiving facility may, with prior approval of the chief administrator of the state developmental services system or designee, grant a conditional discharge to any person who consents, by an informed decision, to participate in continuing services from a…

I. If an administrator at an area agency providing continuing services to a person conditionally discharged pursuant to RSA 171-A:22 or the administrator's designee reasonably believes that: (a) The person has violated a condition of the discharge; or (b) A condition or behavior …

A person whose conditional discharge is revoked pursuant to RSA 171-A:23 may appeal the decision to the chief administrator of the state developmental services system. The person shall be entitled to a hearing on the appeal, before the chief administrator of the state development…

Any person subject to an order for involuntary admission pursuant to RSA 171-B:12 may file in probate court a petition setting forth such person's name, the underlying circumstances and date of the prior order of the court ordering such person's involuntary admission, a request f…

RSA 171-A:25 shall not be construed to deprive any person of the benefits of the writ of habeas corpus. If the court issuing the writ of habeas corpus grants relief, the court shall enter an order discharging the person and shall transmit a certified copy of it to the probate cou…

I. Any law enforcement officer shall take custody of persons who are subject to proceedings for involuntary admission under the following circumstances: (a) Upon issuance by an administrator or designee of a complaint for delivery for review pursuant to RSA 171-A:23, II; (b) Upon…

Upon request, the office of the sheriff of the county in which any person is located who is to be taken into custody in accordance with RSA 171-A:27 shall take such person into custody and transport that person to the appropriate destination.

All rights guaranteed by RSA 171-A to persons with developmental disabilities shall be retained by persons involuntarily admitted under RSA 171-B except where safety or security mandates restriction of such rights. Any restriction of rights under this section may be appealed to t…

Only the attorney general, or designee, or the commissioner of the department of health and human services, or designee, may bring a petition for a hearing under RSA 171-B:4.

The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A to implement this chapter.

I. There is established a council on autism spectrum disorders to provide leadership in promoting comprehensive and quality education, health care, and services for individuals with autism spectrum disorders and their families. The members of the council shall be as follows: (a) …

I. There is established the developmental services quality council to provide leadership for consistent, systemic review and improvement of the quality of the developmental disability and acquired brain disorder services provided within New Hampshire's developmental services syst…

I. There is established the developmental services oversight commission to continuously and effectively assure the health and welfare of participants receiving home and community based 1915(c) waiver services within the developmental services system. The commission is tasked with…

The petition for admission on an involuntary basis shall include: I. The name of the person sought to be admitted and such person's last known address. II. The specific facts that the petitioner alleges satisfy RSA 171-B:2. III. A certificate from a physician, psychiatrist, or ps…

The department shall maintain a state service delivery system for the care, habilitation, rehabilitation, treatment and training of developmentally disabled persons. Such service delivery system shall be under the supervision of the commissioner.

I. Applications for service shall be made by the developmentally disabled person seeking such service, and all placements shall be voluntary. If the client is under the age of 18, the application for service may be initiated by a parent or legal guardian. If the client is over th…

The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 20 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition.

I. A person seeking service shall make application in accordance with rules adopted by the commissioner to the area agency in his or her appropriate geographic region as designated by rule pursuant to RSA 171-A:2, I-b. II. A comprehensive screening evaluation, coordinated by the …

Subsequent to receipt of the petition for involuntary admission, the clerk shall, within 2 days of receipt of the petition, forward 2 copies to the person sought to be admitted.

Except for a person admitted involuntarily pursuant to RSA 171-B, a client at any time may seek a change in services or withdraw entirely from the service delivery system. A parent or legal guardian may seek a change of services for or withdraw entirely a minor or ward in his or …

Upon receipt of the petition, the court shall order a person sought to be admitted to submit to an examination by a physician, psychiatrist, or psychologist, who shall have experience and training in developmental and intellectual disabilities, who is designated by the court. The…

I. The administrator may terminate service to a client at any time that such termination is deemed in the best interest of the client or when the client can function independently without such service or when the client has received optimal benefit from such service. II. In every…

No later than 5 days prior to the day of the hearing, a copy of the report prepared pursuant to RSA 171-B:7 shall be made available to the petitioner, the person sought to be admitted and to such person's attorney.

I. A receiving facility to which a person is ordered for involuntary admission or to which such person has been transferred may transfer the person to another receiving facility if the receiving facility to which the person is to be transferred can better provide the degree of se…

I. There is hereby established the developmental services fund. The fund, from appropriations provided in accounting unit 05-95-93-930010-7100, shall be used to carry out the provisions of this chapter. The fund shall be nonlapsing and shall be continually appropriated to the com…

I. The commissioner shall adopt rules pursuant to RSA 541-A relative to clients in residential services, including but not limited to such matters as restraint and seclusion. II. Restraint or seclusion may be used only in cases of emergency such as the occurrence or serious threa…

Either party may apply to the court for continuance of the hearing on a petition for involuntary admission which the court may grant for good cause shown.

In this chapter: I. "Alcohol abuser" means anyone who drinks to an extent or with a frequency which impairs or endangers his health, or his social and economic functioning, or the health and welfare of others. The class of alcohol abusers includes the smaller class of alcoholics.…

Certain terms used in this chapter shall be construed as follows unless a different meaning is clearly apparent from the language or context. I, II. [Repealed.] III. "Commissioner" means the commissioner of health and human services. IV-IX. [Repealed.] IX-a. "Client" means a pers…

Within the limits of available appropriations and funds, the commissioner may contract for such educational, research, case work, institutional, medical facilities, personnel and services of public or private agencies as are necessary or desirable to carry out the provisions of t…

If a client manifests both chemical dependency and psychiatric problems, he may be referred to a designated receiving facility of the department of health and human services on an inpatient basis. If admitted, the client shall be evaluated by a qualified mental health worker and …

I. Any resident of the state, or the parent, person in loco parentis, or the legal guardian of a resident under 18 years of age or mentally incompetent, may apply to the commissioner for voluntary admission of such resident for care, treatment and guidance. The commissioner may a…

I. In respect to any or all items of expense incurred by the commissioner in connection with the treatment and rehabilitation of clients of a certified substance abuse facility, the commissioner insofar as possible shall seek to be reimbursed by the client or persons liable for t…

I. When a peace officer encounters a person who, in the judgment of the officer, is intoxicated as defined in RSA 172:1, XXVII, the officer may take such person into protective custody and shall take whichever of the following actions is, in the judgment of the officer, the most …

I. The commissioner shall have the authority and accountability for providing or arranging for the provision of a comprehensive system of alcoholism prevention and treatment services. II. All state funds appropriated specifically for the prevention and treatment of alcoholism, an…

The commissioner shall provide for the scientific care, treatment, and rehabilitation of individuals with substance use disorders and their families, and work towards the prevention of, and assist in the control of, alcohol and drug misuse within the state through education, trea…

Any city, county, town, or any individual, partnership, association, public or private, for profit or nonprofit, agency or corporation may establish and administer a community substance use disorder treatment program for the purpose of providing substance use disorder treatment s…

I. When a peace officer encounters a person who, in the judgment of the officer, is intoxicated as defined in RSA 172-B:1, X, the officer may take such person into protective custody and shall take whichever of the following actions is, in the judgment of the officer, the most ap…

I. No political subdivision of the state may adopt or enforce an ordinance or bylaw having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty. No political subdivision may interpr…