HB1611 (2008) Detail

Relative to physical restraints used for involuntary commitments.


HB 1611-FN – AS INTRODUCED

2008 SESSION

08-2347

01/10

HOUSE BILL 1611-FN

AN ACT relative to physical restraints used for involuntary commitments.

SPONSORS: Rep. MacKay, Merr 11; Rep. Bleyler, Graf 9; Rep. Rosenwald, Hills 22; Rep. Pilliod, Belk 5; Sen. Hassan, Dist 23; Sen. Sgambati, Dist 4; Sen. Kenney, Dist 3

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill specifies that physical restraints shall only be used for taking custody and transporting persons who are being involuntarily committed if a physician or ARNP states in writing that such restraints are necessary.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

08-2347

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to physical restraints used for involuntary commitments.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Involuntary Commitments; Physical Restraints. Amend RSA 135-C:29 by inserting after paragraph II the following new paragraph:

III. Physical restraints shall only be used to transport persons being admitted to receiving facilities if a physician or ARNP states in writing that such restraints are necessary.

2 New Paragraph; Involuntary Admissions; Physical Restraints. Amend RSA 135-C:62 by inserting after paragraph II the following new paragraph:

III. Physical restraints shall only be used to take custody and transport persons under this section if a physician or ARNP states in writing that such restraints are necessary.

3 Effective Date. This act shall take effect January 1, 2009.

LBAO

08-2347

12/20/07

HB 1611-FN - FISCAL NOTE

AN ACT relative to physical restraints used for involuntary commitments.

FISCAL IMPACT:

The Association of Counties states this bill may increase county expenditures by an indeterminable amount in FY 2009 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue, or state and local expenditures.

METHODOLOGY:

The Association of Counties states this bill limits the use of physical restraints when transporting individuals in those instances where there is a written statement by a physician or ARNP that such restraints are necessary. To the extent county sheriffs must transport certain individuals without restraints, county expenditures will increase if it is necessary for additional county employees to be engaged in the same vehicle in the transport of those particular individuals. The exact fiscal impact cannot be determined at this time.

The Department of Safety, Department of Health and Human Services, and New Hampshire Municipal Association state this bill will have no fiscal impact on state and local revenue or expenditures.