Section He-M 611.06 - Emergency Transfers to the Unit(a) In the event of an emergency as specified by (b) below, a person who has been admitted to New Hampshire hospital by an involuntary emergency admission pursuant to RSA 135-C:27-33 or an involuntary admission pursuant to RSA 135-C:34-54 or to a developmental services DRF pursuant to RSA 171-B:12 shall be transferred to the unit without the prior approval of the commissioner and the corrections commissioner.(b) The chief executive officer of New Hampshire hospital, or designee, or administrator of the developmental services DRF shall determine that an emergency exists when: (1) There is a serious likelihood of danger to the person or to others if the transfer is not made; and(2) An immediate transfer is necessary in order to protect the person or others.(c) The determination of a serious likelihood of danger shall be based upon the behavior(s) of the person to be transferred or other circumstances which create a strong probability that the person will cause or attempt to cause harm to self or others and New Hampshire hospital or the developmental services DRF cannot reasonably provide the degree of safety and security necessary to prevent the harm.(d) Prior to the emergency transfer of the person, the person and his or her guardian, if one has been appointed, shall be informed verbally and in writing of the transfer and reasons therefor, and shall be given an opportunity to consent or object to the transfer in accordance with the requirements in He-M 611.07.(e) Within 24 hours, excluding Saturdays, Sundays and holidays, of an emergency transfer, the chief executive officer of New Hampshire hospital, or designee, or the administrator of the developmental services DRF shall obtain the approval of the commissioner and the corrections commissioner for the transfer of the person. In approving or objecting to an emergency transfer, the commissioner, corrections commissioner, or third party shall determine whether the criteria in He-M 611.05(a) (1) and He-M 611.06(b) -(d) have been met.(f) Exceptions to (e) above shall be as follows:(1) If the commissioner approves an emergency transfer and the corrections commissioner objects to the transfer, they may agree to have the disagreement resolved by a mutually acceptable third party;(2) Except as provided for in (1) above, if the approvals of the commissioner and the corrections commissioner are not obtained within 24 hours after the transfer, excluding Saturdays, Sundays and holidays, the person shall be immediately returned to the DRF from which he or she was transferred;(3) The decision of the third party shall be made no later than 72 hours, excluding Saturdays, Sundays, and holidays, following the emergency transfer and shall be binding upon the commissioner and the corrections commissioner; and(4) If the third party objects to the transfer, the person shall be immediately returned to the DRF from which he or she was transferred.(g) If the commissioner and the corrections commissioner, or the third party, approve the emergency transfer, the person transferred to the unit shall be under the care and custody of the corrections commissioner and the medical unit director.(h) If the person transferred to the unit objects to the transfer, he or she may appeal the decision to the commissioner and be afforded a hearing in accordance with the procedures set forth in He-M 611.07 and He-C 200 within 5 working days, excluding Saturdays, Sundays and holidays, after the transfer has been approved or suspended pending bed availability.N.H. Code Admin. R. He-M 611.06
#7299, eff 5-25-00, EXPIRED: 5-25-08
New. #9229, EMERGENCY, eff 8-5-08, EXPIRES: 2-1-09; ss by #9371, eff 2-1-09
Amended by Volume XXXVII Number 10, Filed March 9, 2017, Proposed by #12104, Effective 2/14/2017, Expires 8/13/2017.Amended by Volume XXXVII Number 32, Filed August 10, 2017, Proposed by #12341, Effective 7/25/2017, Expires 7/25/2027.