Title X, Public Health

I. The commissioner of the department of health and human services, or designee, shall establish a multidisciplinary team or teams, each of which shall include, but is not limited to, 2 licensed psychiatrists or psychologists or one licensed psychiatrist and one licensed psycholo…

I. In this chapter, "system of care" means an integrated and comprehensive delivery structure for the provision of publicly funded behavioral health services to New Hampshire children and youth. II. The system of care is to provide services to all children and youth receiving pub…

The department shall establish, maintain, implement, and coordinate a system of mental health services under this chapter and a system of developmental services under RSA 171-A. Both systems shall be supervised by the commissioner. At the discretion of the commissioner, the depar…

At the receiving facility, any person sought to be involuntarily admitted for involuntary emergency admission shall be given immediate notice by the facility administrator or his designee in simple language he may understand, and written notice within 12 hours, of the following r…

I. Within 3 days after an involuntary emergency admission, 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 district court having jurisdiction to determine if there was probable cause for in…

I. If the district court finds that the petitioner has failed to meet the burden specified in RSA 135-C:31, I, all court documents pertaining to the petition, including the physician's, PA's, or APRN's certificate, and the complaint shall be sealed and the involuntary emergency a…

No person shall be admitted for an involuntary emergency admission under RSA 135-C:27-33 for longer than a 10-day period, not including Saturdays and Sundays, unless a subsequent petition for involuntary emergency admission which contains allegations of specific acts or actions w…

I. At any time during the period of involuntary emergency admission the administrator of the receiving facility or designee in such facility shall discharge the person admitted if the administrator decides that the person no longer meets the criteria established by RSA 135-C:27. …

The standard to be used by a court, physician, or psychiatrist in determining whether a person should be admitted to a receiving facility for treatment on an involuntary basis shall be whether the person is in such mental condition as a result of mental illness as to create a pot…

Any responsible person may petition for a hearing relative to the need for admission on an involuntary basis of another person due to mental illness under RSA 135-C:36.

I. The petition for admission on an involuntary basis shall include: (a) The name of the person sought to be admitted and his last known address. (b) The specific acts or actions that the petitioner alleges satisfy RSA 135-C:34. (c) A certificate from a physician, physician assoc…

The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 15 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition.

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 with notice to the appropriate receiving facility.

I. The person sought to be admitted for treatment on an involuntary basis shall be at liberty pending the hearing, unless: (a) The person is under the protective custody of the department in accordance with RSA 135-C:27-33; (b) The client has been admitted for voluntary care and …

I. In the event that a person who has been convicted of a sexually violent offense is eligible for immediate release upon completion of the maximum term of incarceration, the agency with jurisdiction shall provide immediate notice to the county attorney or attorney general of the…

I. The commissioner shall have charge of the property and concerns of any facility owned by the state which provides, or which may be established to provide, care and treatment to persons who have mental illness or developmental disabilities, including those subject to the except…

The commissioner of the department of health and human services shall: I. To the extent possible within existing statutory and budgetary constraints, modify the policies and practices of the department of health and human services to establish a system of care; and II. Develop a …

Any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into hereunder shall be a charge upon the appropriation for the respective state institution.

Upon receipt of the petition, the court shall order the person sought to be admitted to make himself available for an examination by a psychiatrist designated by the court prior to the date of the hearing. A written report prepared by a psychiatrist shall be filed with the court …

No later than on the day before the hearing, 2 copies of the report prepared pursuant to RSA 135-C:40 shall be made available to the person sought to be admitted and to his or her attorney.

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

I. For hearings held under this chapter, the person sought to be admitted shall have the right to legal counsel, to present evidence on his or her own behalf, to have a closed hearing and a closed file unless he or she requests otherwise, and to cross-examine witnesses. He or she…

In hearings held under this chapter, upon the request of the person sought to be admitted, a change of venue or transfer may be granted at the court's discretion.

I. In hearings held under this chapter, after hearing all the evidence, the court may order the respondent to be released, notwithstanding expert testimony, or it may order the person to submit to some form of treatment other than inpatient treatment on an involuntary basis, whic…

I. In any case in which the petition includes a request for appointment of a guardian, the court shall also determine whether to appoint a guardian over the person for the purpose of providing health care. There shall be a legal presumption of capacity, and the burden of proof sh…

No order made pursuant to RSA 135-C:45 for involuntary admission or any other type of treatment shall be valid for longer than 5 years. For the order to be renewed, another judicial hearing shall be held pursuant to RSA 135-C:34-54.

I. The court issuing an order for treatment, other than inpatient treatment at a receiving facility, shall retain jurisdiction of the case for the duration of the order. At any time during the period of such order, any person may petition the probate court having jurisdiction for…

A receiving facility to which a person is ordered for involuntary admission pursuant to RSA 135-C:34-54 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 security and treatment…

I. When a person has been involuntarily admitted to a receiving facility pursuant to RSA 135-C:34-54, or conditionally discharged pursuant to paragraph IV of this section, the clinical staff of the receiving facility where the person has most recently received treatment may recom…

I. If the county attorney or attorney general seeks to civilly commit a person charged with a sexually violent offense and found incompetent to stand trial, the court shall order the person to remain in custody for a reasonable period of time, not to exceed 90 days, for proceedin…

The commissioner of the department of education shall: I. To the extent possible within existing statutory and budgetary constraints, support the system of care established under this chapter through: (a) The development of a multi-tiered system of supports for New Hampshire scho…

I. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the requirements for services within the state mental health services system, which shall include those services operated or administered by the department or supported by funds granted by or provided under c…

The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the proba…

I. The administrator, or designee, of a receiving facility may grant a conditional discharge under this chapter to any person who consents, by an informed decision, to participate in continuing treatment on an out-patient basis, who agrees to be subject to any rules adopted by th…

I. In this section, "parties" means the prosecution, the defense, and the office of the forensic examiner. II. The department of health and human services shall establish a 2-year pilot program creating the position of one or more forensic liaisons (FL) and contracting for all se…

I. If a psychiatrist, psychiatrist-supervised PA, or APRN, as defined in RSA 135-C:2, II-a, at a community mental health program or transitional housing program services providing continuing treatment on an outpatient basis to a person conditionally discharged pursuant to RSA 135…

A person whose conditional discharge is revoked, pursuant to RSA 135-C:51, may appeal the decision to the chief administrator of the state mental health services system. The person shall be entitled to a hearing on the appeal within 5 days, excluding weekends and holidays, of the…

Any person who has been involuntarily admitted to a receiving facility may file at the probate court of the county in which he was originally admitted, or where he resides, a petition setting forth his name, the underlying circumstances and date of the prior order of the court or…

This chapter 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…

The rights established in RSA 135-C:56-60 shall only apply to those persons who have been found eligible for services under RSA 135-C:13 and to those persons who have been admitted to receiving facilities.

I. No person receiving treatment for mental illness shall be deprived of any legal right to which all citizens are entitled, except as provided for by law. II. No person shall be deemed incompetent to manage his affairs, to contract, to hold professional, occupational, or motor v…

Persons receiving mental health services shall have the right to: I. An individual service plan developed in accordance with 135-C:19. II. Be informed of and to give consent before administration of any treatment. All elements of an informed decision as defined in RSA 135-C:2, IX…

Every person admitted to a receiving facility shall have the right to communicate freely and privately by mail and telephone with persons outside the facility, and to receive visitors, unless it is determined that this communication or visitation has harmed or will harm the perso…

All persons receiving mental health services shall be informed of the rights guaranteed by this chapter, and by the rules it authorizes to be adopted under RSA 541-A by the commissioner, promptly upon admission or upon determination of eligibility for services. All receiving faci…

I. There shall be established within the department the bureau of behavioral health services, which shall include, but not be limited to, New Hampshire hospital, Glencliff home, and community mental health services. II. The commissioner shall appoint a person duly qualified by tr…

Duly authorized copies of this act shall, upon its approval be transmitted by the secretary of state to the governor of each state, the attorney general and the secretary of state of the United States, and the council of state governments.