HB 475 – AS INTRODUCED
2013 SESSION
01/05
HOUSE BILL 475
AN ACT relative to the timing of the release of patients from New Hampshire hospital.
SPONSORS: Rep. Sandblade, Hills 18; Rep. Lambert, Hills 44; Rep. C. McGuire, Merr 29; Rep.?Jones, Straf 24; Rep. J. Tilton, Merr 3; Sen. Reagan, Dist 17
COMMITTEE: Health, Human Services and Elderly Affairs
This bill clarifies the timing of discharge from a receiving facility for emergency and nonemergency involuntary admissions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0786
01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the timing of the release of patients from New Hampshire hospital.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Involuntary Emergency Admissions; Discharge. Amend RSA 135-C:33, I to read as follows:
I. At any time during the period of involuntary emergency admission the administrator of the receiving facility or designee in such facility shall discharge the person admitted if the administrator decides that the person no longer meets the criteria established by RSA 135-C:27. If a discharge occurs, under this section or pursuant to a finding of no probable cause by the court, the receiving facility shall, with the consent of the person admitted, return such person to the place where the person resided at the time the petition and physician's certificate were completed and signed. If the discharge is pursuant to a finding of no probable cause by the court, the receiving facility shall discharge the patient within one business day of the court’s ruling. Unless the discharge is pursuant to a finding of no probable cause by the court, the receiving facility shall give notice of the discharge to the community mental health program in the region from which the person was admitted and to the community mental health program in the region to which the person is being discharged. The person discharged or the person's guardian shall be given written notice of such action taken by the receiving facility.
2 Nonemergency Involuntary Admissions; Conditions of Conditional Discharge. Amend RSA?135-C:50, I to read as follows:
I. The administrator of a receiving facility may grant a conditional discharge under this chapter to any person who consents, by an informed decision, to participate in continuing treatment on an out-patient basis, who agrees to be subject to any rules adopted by the commissioner relative to conditional discharge, and who understands the conditions of his or her discharge. If the discharge is pursuant to a finding of no probable cause by the court, the receiving facility shall discharge the patient within one business day of the court’s ruling and, if required, the patient’s agreement to the conditions imposed by the court. The administrator of the facility or [his] designee shall prepare, deliver a copy of, and read to the person being conditionally discharged a written statement of the conditions of conditional discharge and a warning that violation of those conditions may result in revocation of the conditional discharge pursuant to RSA?135-C:51.
3 Effective Date. This act shall take effect January 1, 2014.