Revision: June 4, 2021, 8:02 a.m.
Sen. Bradley, Dist 3
June 3, 2021
2021-1888s
08/04
Amendment to HB 565
Amend the title of the bill by replacing it with the following:
AN ACT relative to community mental health programs and involuntary emergency admission examinations.
Amend the bill by replacing all after the enacting clause with the following:
1 Definition; Community Mental Health Program. Amend RSA 135-C:2, IV to read as follows:
IV. "Community mental health program" means a program established and administered by the state, city, town, or county, private entity, or a nonprofit corporation for the purpose of providing mental health services to the residents of the area and which minimally provides emergency, medical or psychiatric screening and evaluation, case management, and psychotherapy services.
2 New Paragraph; Involuntary Emergency Admission Examination. Amend RSA 125-C:28 by inserting after paragraph III the following new paragraph:
IV. The licensed general hospital or other site designated by the community mental health program serving the area may place a person who meets the criteria of RSA 135-C:27, I-II in medical protective custody until an involuntary emergency admission certificate can be fully completed. If a person is being held in medical protective custody by a licensed general hospital or other site designated by the community mental health program serving the area, the person, or authorized representative, may request a record review by the department of health and human services to challenge their medical protective custody determination if the protective custody arrangement lasts more than 48 hours. The department of health and human services shall perform the record review within 24 hours, not including Sundays and holidays, and determine whether the criteria in RSA 135-C:27, I-II are met. If the department of health and human services determines that the criteria are not met, medical protective custody shall end. If the department of health and human services determines that the criteria are met, medical protective custody may continue. A person shall not be held in medical protective custody for more than 7 days.
3 Effective Date. This act shall take effect upon its passage.
2021-1888s
AMENDED ANALYSIS
This bill includes private entity in the definition of community mental health program and allows a licensed general hospital or other site designated by the community mental health program serving the area to place a person who meets certain criteria in medical protective custody.