Current through Register No. 45, November 7, 2024
Section He-M 613.08 - Discharge Pursuant to Non-emergency Involuntary Admission(a) Pursuant to RSA 135-C:39, if a person is admitted on an involuntary, non-emergency basis, such involuntary confinement shall not continue beyond the time allowed by the probate court order unless a petition requesting the court to issue another order of involuntary admission is filed within the initial period of involuntary admission. Subsequent to the filing of such petition, confinement shall only continue until issuance of the probate court order or until such time as is specified in that order.(b) Any person involuntarily admitted on a non-emergency basis shall be granted absolute discharge by the superintendent or his or her designee if: (1) The person has been examined within 3 days prior to the discharge by the superintendent or his or her designee; and(2) Following such examination, the superintendent or his or her designee has determined and documented that, in his or her professional opinion, the person does not meet the criteria identified in RSA 135-C:34.(c) Upon the discharge of any person pursuant to (a) and (b) above, the superintendent shall immediately, and in writing, notify the probate court entering the original order of commitment that an absolute discharge has been granted to the person.(d) Conditional discharge of any person who has been involuntarily admitted on a non-emergency basis shall take place in accordance with He-M 609.N.H. Admin. Code § He-M 613.08
#4838, eff 6-15-90, EXPIRED: 6-15-96
New. #7050, eff 6-29-99, EXPIRED: 6-29-07
New. #9191, eff 6-26-08
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11183, Effective 9/20/2016, Expires 9/20/2026.