1 Action for Discharge. Amend RSA 135-C:53 to read as follows:

135-C:53 Action for Discharge. Any person who has been involuntarily admitted to a receiving facility may file at the probate court of the county in which he or she was originally admitted, or where he or she resides, a petition setting forth his or her name, the underlying circumstances and date of the prior order of the court ordering his or her involuntary admission, a request for discharge from care and custody or admission to a receiving facility, and the reasons for such request. If the petition shall be is accompanied by the certificate of a psychiatrist stating that the patient is no longer in need of involuntary admission and setting forth the facts upon which such an opinion is based. Upon receipt of the petition and the certificate, the court shall conduct a hearing pursuant to RSA 135-C:34-54. If the petition is not accompanied by the certificate of a psychiatrist, the court shall conduct a hearing pursuant to RSA 135-C:34-54 if 2 or more years have passed since the last such hearing. Any petition filed pursuant to this section shall be accompanied by a statement setting forth the name and address of any psychiatrist or other health care practitioner providing current treatment to the petitioner for any behavioral or mental health disorder at the time of the filing. If the petition filed pursuant to this section is not accompanied by such statement, the court shall accept the petition and shall require the petitioner to submit such a statement prior to scheduling the hearing on the petition. The contents of any such statement shall be provided by the court to the psychiatrist designated pursuant to RSA 135-C:40 and to the psychiatrist or other health care practitioner providing current treatment to the petitioner.

2 Effective Date. This act shall take effect 60 days after its passage.

1 Action for Discharge. Amend RSA 135-C:53 to read as follows:

135-C:53 Action for Discharge. Any person who has been involuntarily admitted to a receiving facility may file at the probate court of the county in which he or she was originally admitted, or where he or she resides, a petition setting forth his or her name, the underlying circumstances and date of the prior order of the court ordering his or her involuntary admission, a request for discharge from care and custody or admission to a receiving facility, and the reasons for such request. If the petition is accompanied by the certificate of a psychiatrist stating that the patient is no longer in need of involuntary admission and setting forth the facts upon which such an opinion is based, the court shall conduct a hearing pursuant to RSA 135-C:34-54. If the petition is not accompanied by the certificate of a psychiatrist, the court shall conduct a hearing pursuant to RSA 135-C:34-54 if 2 or more years have passed since the last such hearing. Any petition filed pursuant to this section shall be accompanied by a statement setting forth the name and address of any psychiatrist or other health care practitioner providing current treatment to the petitioner for any behavioral or mental health disorder at the time of the filing. If the petition filed pursuant to this section is not accompanied by such statement, the court shall accept the petition and shall require the petitioner to submit such a statement prior to scheduling the hearing on the petition. The contents of any such statement shall be provided by the court to the psychiatrist designated pursuant to RSA 135-C:40 and to the psychiatrist or other health care practitioner providing current treatment to the petitioner.

2 Effective Date. This act shall take effect 60 days after its passage.