Section He-M 306.06 - Decision(a) Within 2 working days of the hearing, the presiding officer shall issue a written decision.(b) The presiding officer shall authorize the proposed treatment if the presiding officer determines that the state has demonstrated, by clear and convincing evidence, that each of the following criteria is met:(1) The patient lacks the capacity to make an informed decision with respect to the proposed treatment;(2) A medical or psychiatric emergency exists that 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;(3) The proposed treatment is the least restrictive appropriate alternative available;(4) The patient does not have a guardian authorized to make treatment decisions; and(5) A reasonable person would consent to the administration of emergency treatment.(c) The presiding officer shall not authorize emergency treatment for a period of more than 45 days.N.H. Admin. Code § He-M 306.06
#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 by Volume XL Number 19, Filed May 7, 2020, Proposed by #13035, Effective 4/14/2020, Expires 10/11/2020.Amended by Volume XL Number 41, Filed October 8, 2020, Proposed by #13108, Effective 9/22/2020, Expires 9/22/2030