Bill Text - SB529 (2008)

Changing certain references in the mental health laws.


Revision: Jan. 1, 2008, midnight

CHAPTER 52

SB 529 – FINAL VERSION

03/13/08 0806s

2008 SESSION

08-2898

01/03

SENATE BILL 529

AN ACT changing certain references in the mental health laws.

SPONSORS: Sen. Hassan, Dist 23; Sen. Estabrook, Dist 21; Sen. Sgambati, Dist 4; Sen. Barnes, Dist 17; Sen. Burling, Dist 5; Sen. Janeway, Dist 7; Rep. Stiles, Rock 15; Rep. Rosenwald, Hills 22; Rep. MacKay, Merr 11

COMMITTEE: Health and Human Services

ANALYSIS

This bill changes statutory references to mental retardation and mentally retarded to intellectual disability or a person with an intellectual disability.

This bill is a result of the commission to study changing statutory references to “mental retardation” established in 2007, 261.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/13/08 0806s

08-2898

01/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT changing certain references in the mental health laws.

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

52:1 Birth Registration Forms and Procedures; Change in Term. Amend RSA 5-C:31, II(d) to read as follows:

(d) Whether the child is considered by the court to have special needs, such as [mental retardation] a developmental or intellectual disability, learning disabilities, or a medical condition, indicated as yes or no.

52:2 New Hampshire Hospital; Emergency Treatment; Change in Term. Amend the introductory paragraph of RSA 135:21-b to read as follows:

A physician licensed in the state, a psychiatric mental health advanced registered nurse practitioner, or a person acting under such physician’s or advanced registered nurse practitioner’s direction may administer a recognized and approved form of medical or psychiatric treatment which the physician or the psychiatric mental health advanced registered nurse practitioner reasonably believes will tend to promote the physical and mental health of a patient of the New Hampshire hospital, Laconia developmental services, Glencliff home, any community mental health or [mental retardation] developmental services program or treatment facility receiving state grants under RSA 171-A, or any other treatment facility designated as a receiving facility under RSA 135-C, when:

52:3 Mental Health Services System; Definitions; Change in Term. Amend RSA 135-C:2, X to read as follows:

X. “Mental illness” means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one’s actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It does not include impairment primarily caused by: (a) epilepsy; (b) [mental retardation] intellectual disability; (c) continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or (d) dependence upon or addiction to any substance such as alcohol or drugs.

52:4 Hospitals; Change in Term. Amend RSA 151:20, III to read as follows:

III. If a patient cannot read the policy and procedures they shall be read to the patient in a language the patient understands. The facility shall make all reasonable efforts to explain the policy and procedures so that a [mentally retarded] patient with a developmental or intellectual disability may understand and shall have the explanation witnessed by a third person. For a minor or a patient with a legal guardian, both the patient and the parent or legal guardian shall be fully informed of the policy and procedures.

52:5 Home Care for Children With Severe Disabilities; Change in Term. Amend RSA 167:3-f, III(f) to read as follows:

(f) Require the same degree of care that is typically provided in a hospital, psychiatric hospital, nursing facility, or intermediate care facility [for the mentally retarded] as specified in RSA 167:3-g.

52:6 Public Assistance; Change in Term. Amend the introductory paragraph of RSA 167:3-g, VI to read as follows:

VI. The joint medical review team shall determine that the degree of care provided by an intermediate care facility [for the mentally retarded] is appropriate for the child if each of the following criteria are met:

52:7 Public Assistance; Change in Term. Amend RSA 167:3-g, VI(d)(2) to read as follows:

(2) The child requires continuous supervision, monitoring, and redirection of behaviors associated with any condition, related to [mental retardation] an intellectual disability, that results in impairment of general intellectual functioning or adaptive behavior.

52:8 Limitations on Recovery of Assistance; Change in Term. Amend RSA 167:16-a, I(b)(1) to read as follows:

(1) Who is an inpatient in a nursing facility, intermediate care facility [for the mentally retarded], or other medical institution, and

52:9 Limitations on Recovery of Assistance; Change in Term. Amend RSA 167:16-a, IV(b)(1) and (2) to read as follows:

(1) There is no sibling of the individual who was residing in the individual’s home for a period of at least one year immediately before the date of the individual’s admission to the medical institution, nursing facility, or intermediate care facility [for the mentally retarded] and is lawfully residing in such home on a continuous basis since the date of the individual’s admission to the medical institution, nursing facility, or intermediate care facility [for the mentally retarded].

(2) There is no son or daughter of the individual who was residing in the individual’s home for a period of at least 2 years immediately before the date of the individual’s admission to the medical institution, nursing facility, or intermediate care facility [for the mentally retarded] and who establishes to the satisfaction of the state that he or she provided care to such individual which permitted such individual to reside at home rather than in an institution and is lawfully residing in such home and has done so on a continuous basis since the date of the individual’s admission to the medical institution, nursing facility, or intermediate care facility [for the mentally retarded].

52:10 County Reimbursement of Funds; Change in Term. Amend RSA 167:18-a, I(b) to read as follows:

(b) Counties shall not be liable for Medicaid recipients in state institutions, the Crotched Mountain Rehabilitation Center, and intermediate care facilities [for the mentally retarded (ICF-MR)] (ICF) approved by the department of health and human services and servicing developmentally impaired persons.

52:11 County Payments of Funds for Persons Eligible to Receive Nursing Home Services; Change in Term. Amend RSA 167:18-b, I to read as follows:

I. All expenditures in carrying out the purposes of this chapter or RSA 161 relative to old age assistance or aid to the permanently and totally disabled recipients who are in nursing homes shall be made in the first instance from the public assistance fund hereby created, but each county shall make monthly payments to the state for the amounts due under this section within 45 days from notice thereof and shall reimburse said fund for all assistance granted to persons for which such county is liable, to the extent of 50 percent of the non-federal share, except that no charges shall be made for the non-federal share for recipients in state institutions and intermediate care facilities [for the mentally retarded (ICF-MR)] (ICF) serving developmentally impaired persons approved by the department of health and human services.

52:12 Residential Care and Child-Placing Agency Licensing; Change in Term. Amend RSA 170-E:25, II(c) to read as follows:

(c) “Specialized care” means a child care agency which regularly provides general care for children who are diagnosed as mentally ill, [mentally retarded] intellectually disabled, or physically disabled and who are determined to be in need of special mental treatment or nursing care, or both.

52:13 Child Care; Rulemaking. Amend RSA 170-E:34, I(b) to read as follows:

(b) Minimum standards for facilities for specialized [child] care, where there are children diagnosed as mentally ill, [mentally retarded] intellectually disabled, or physically disabled, who are determined to be in need of special mental treatment or nursing care, or both, when the facility is not subject to licensure under RSA 151. The department shall seek the advice and recommendation of the department of education, as appropriate, regarding the residential treatment, education, and nursing care provided by the facility.

52:14 Services for the Developmentally Disabled; Definitions; Change in Term. Amend RSA 171-A:2, V(a) to read as follows:

(a) Which is attributable to [mental retardation] an intellectual disability, cerebral palsy, epilepsy, autism, or a specific learning disability, or any other condition of an individual found to be closely related to [mental retardation] an intellectual disability as it refers to general intellectual functioning or impairment in adaptive behavior or requires treatment similar to that required for [mentally retarded individuals] persons with an intellectual disability; and

52:15 New Paragraph; Services For the Developmentally Disability; Definitions; Change in Term. Amend RSA 171-A:2 by inserting after paragraph XI the following new paragraph:

XI-a. “Intellectual disability” means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior, and manifested during the developmental period. A person with an intellectual disability may be considered mentally ill provided that no person with an intellectual disability shall be considered mentally ill solely by virtue of his or her intellectual disability.

52:16 Developmentally Disabled Services; Change in Term. Amend RSA 171-A:25 to read as follows:

171-A:25 Action for Discharge. Any person subject to an order for involuntary admission pursuant to RSA 171-B:12 may file in probate court a petition setting forth such person's name, the underlying circumstances and date of the prior order of the court ordering such person's involuntary admission, a request for discharge from involuntary admission, and the reasons for such request. The petition shall be accompanied by the certificate of a physician, psychiatrist, or psychologist with experience and training in [mental retardation] developmental and intellectual disabilities stating that the person is no longer in need of involuntary admission and setting forth the facts upon which such opinion is based. Upon receipt of the petition and the certificate, the court shall conduct a hearing pursuant to RSA 171-B.

52:17 Involuntary Admissions; Change in Term. Amend RSA 171-B:2, IV to read as follows:

IV. The person has [mental retardation] an intellectual disability, as defined in the most current edition of the Diagnostic [and Statistical] Manual [of Mental Disorders published by] -Intellectual Disability developed by the National Association for the Dually Diagnosed in association with the American Psychiatric Association; and

52:18 Involuntary Admissions; Petition; Change in Term. Amend RSA 171-B:4, III to read as follows:

III. A certificate from a physician, psychiatrist, or psychologist who shall have experience and training in [mental retardation] developmental and intellectual disabilities, who has examined the person and reviewed the condition or behavior of the person sought to be admitted within 10 days of the date the petition is filed and who agrees that, based on this examination, such person satisfies RSA 171-B:2, IV and V.

52:19 Involuntary Admissions; Examination; Change in Term. Amend the introductory paragraph of RSA 171-B:7 to read as follows:

Upon receipt of the petition, the court shall order a person sought to be admitted to submit to an examination by a physician, psychiatrist, or [a] psychologist, who shall have experience and training in [mental retardation] developmental and intellectual disabilities, who is designated by the court. The expert so designated shall file with the court at least 7 days prior to the day of the hearing, a written report. The report shall include the examiner’s opinions as to the following:

52:20 Special Education; Definitions; Change in Term. Amend RSA 186-C:2, I to read as follows:

I. “Educationally disabled child” means any person 3 years of age or older but less than 21 years of age who has been identified and evaluated by a school district according to the provisions of RSA 186-C:7 and determined to be [mentally retarded] a person with an intellectual disability, hearing impaired, speech or language impaired or both, visually impaired including blindness, seriously emotionally disturbed, orthopedically impaired, otherwise severely health impaired, deaf-blind, multi-disabled, traumatic brain injured, or autistic, or as having specific learning disabilities, who because of such impairment, needs special education or special education and educationally related services. “Educationally disabled child” shall include a child ages 18 to 21, who was identified as an educationally disabled child and received services in accordance with an individualized education plan but who left school prior to his or her incarceration, or was identified as an educationally disabled child but did not have an individualized education plan in his or her last educational institution.

52:21 Repeal. RSA 171-A:2, XIV, relative to the definition of mental retardation, is repealed.

52:22 Effective Date.

I. Section 10 of this act shall take effect July 1, 2008, at 12:01 a.m.

II. The remainder of this act shall take effect 60 days after its passage.

Approved: May 12, 2008

Effective Date: I. Section 10 shall take effect July 1, 2008 at 12:01 a.m.

II. Remainder shall take effect July 11, 2008.

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