Section He-M 306.04 - Criteria for Emergency Treatment(a) A treating physician or APRN shall submit a written request for treatment authorization to the department's administrative appeals unit, the administrator, and the patient if he or she determines that: (1) The involuntarily admitted patient cannot make a decision regarding his or her treatment due to lack of capacity;(2) A medical or psychiatric emergency exists;(3) The patient does not have a guardian authorized to make medical decisions; and(4) A reasonable person would consent to the administration of emergency treatment.(b) A physician's or APRN's request for treatment authorization submitted pursuant to (a) above shall contain the following information: (1) A description of the efforts that have been made to inform the patient of the nature, effects, and risks of the proposed treatment, and facts demonstrating that, despite this effort, the patient lacks the capacity to make an informed decision with respect to the medical or psychiatric treatment offered;(2) A statement of facts which indicate that a medical or psychiatric emergency exists;(3) A description of the proposed treatment, including: a. Its anticipated therapeutic benefit;b. Its potentially significant risks; andc. The nature and severity of possible side effects;(4) A statement indicating the supports or treatment, if any, that the patient has agreed to accept and why provision of such treatment would not ameliorate the medical or psychiatric emergency; and(5) The reasons why a delay in treatment would:a. In the case of a medical emergency, likely result in an immediate, substantial, and progressive deterioration of a serious physical illness; orb. In the case of a psychiatric emergency: 1. Substantially diminish the likelihood of preventing imminent harm to the patient or others;2. Substantially diminish the likelihood of stabilizing or reversing the patient's deteriorating mental status; or3. Result in continued decompensation of the patient's mental status from his or her usual mental status as manifested by persistent psychiatric symptoms when there is a reasonable likelihood that such symptoms could be alleviated if treatment could be administered to the patient.N.H. Admin. Code § He-M 306.04
#3096, eff 8-19-85; EXPIRED: 8-19-91
New. #4708, eff 12-1-89, EXPIRED: 12-1-95
New. #7133, eff 11-23-99; ss by #7559, eff 9-25-01; ss by #9520, eff 8-4-09
Amended byVolume XXXIV Number 33, Filed August 14, 2014, Proposed by #10641, Effective 7/18/2014, Expires7/18/2024.Amended by Volume XL Number 19, Filed May 7, 2020, Proposed by #13035, Effective 4/14/2020, Expires 10/11/2020.