New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 500 - DEVELOPMENTAL SERVICES
Part He-M 529 - TRANSFERS BETWEEN DESIGNATED RECEIVING FACILITIES IN THE DEVELOPMENTAL SERVICES SYSTEM
Section He-M 529.03 - Treatment and Security Transfers

Universal Citation: NH Admin Rules He-M 529.03

Current through Register No. 40, October 3, 2024

(a) Whenever a DRF has custody of a person for a period of involuntary admission, the DRF administrator or the administrator's designee shall order the transfer of the person to another DRF under the circumstances and procedures identified in (b) -(k) below.

(b) Transfers for treatment purposes shall be ordered if a person's condition is such that the DRF that has custody cannot reasonably provide the treatment required to stabilize or ameliorate the person's condition.

(c) Transfers pursuant to (b) above shall only occur after the DRF administrator consults with the administrator of the proposed receiving DRF and determines that it can provide the treatment the person requires.

(d) Transfers for medical treatment at an acute care hospital shall be made if the following conditions apply:

(1) The person has medical needs requiring treatment that cannot be provided at the DRF;

(2) The hospital to which the person is to be transferred can provide the treatment that the person requires; and

(3) One of the following conditions applies:
a. The person, or the person's legal guardian if the guardian has been granted decision-making authority regarding medical care, has approved the transfer; or

b. A personal safety emergency exists pursuant to He-M 305.03.

(e) A person who is transferred for medical treatment shall remain under the protective custody of the admitting DRF pursuant to the authority under which the person was involuntarily admitted.

(f) Transfers for security purposes shall be ordered if:

(1) A person's behavior is such that the DRF that has custody cannot reasonably provide the supervision and control necessary to prevent the person from causing bodily harm to self or others or significant damage to property; and

(2) The DRF administrator has determined that the DRF to which the person is to be transferred can provide the supervision and control the person requires.

(g) No transfer shall occur under He-M 529.03 without the prior approval of the bureau administrator.

(h) Prior approval shall be given verbally or in writing, after consideration of the facts upon which the transfer order was based, if the bureau administrator determines that the criteria identified in (f) above have been met.

(i) When a transfer is to be made for treatment or security purposes, the DRF administrator shall sign a transfer order stating the reasons for the transfer and identifying the DRF to which the person is to be transferred.

(j) The DRF administrator shall:

(1) Give to the person to be transferred:
a. A copy of the transfer order; and

b. A verbal explanation of the order, the transfer procedures, and the right to object to the transfer; and

(2) Send a copy of the order to the person's guardian and attorney, if any, within 24 hours of issuance.

(k) Within 48 hours of receipt of a transfer order, the bureau administrator shall either approve the transfer if it is determined that the criteria identified in (f) above have been met or disapprove the transfer.

(l) Once transferred, a person shall be subject to RSA 171-B as if originally placed in the custody of the DRF to which the person was transferred, except as provided in (e) above.

(m) Transportation of a person under this section shall be arranged by the DRF making the transfer, as follows:

(1) The person may be transported by staff of the DRF from which or to which the person is being transferred; or

(2) The person may be transported by any law enforcement officer empowered to transport under RSA 171-A:27.

#6216, eff 3-30-96, EXPIRED: 12-31-98

New. #7090, eff 8-31-99, EXPIRED: 8-31-07

New. #9062, eff 1-3-08

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