New Hampshire Revised Statutes 135-C:29-a – Rescission of Involuntary Admission
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I. Following completion of an involuntary emergency admission certificate under N.H. Rev. Stat. § 135-C:28 and before custody of the person is accepted by a law enforcement officer pursuant to N.H. Rev. Stat. § 135-C:29, the certificate may be rescinded and the person who is the subject of the certificate released in any of the following circumstances:
(a) A mobile crisis team under contract with the department of health and human services accepts transfer of the person’s care.
(b) An assertive community treatment team operated by a community mental health program accepts transfer of the person’s care.
(c) A community-based provider accepts transfer of the person’s care.
II. Following completion of an involuntary emergency admission certificate under N.H. Rev. Stat. § 135-C:28 and before custody of the person is accepted by a law enforcement officer pursuant to N.H. Rev. Stat. § 135-C:29, the certificate shall be rescinded and the person who is the subject of the certificate released if the physician , PA, or APRN who completed the certificate, or any other physician, PA, or APRN authorized to complete such certificates, finds that the person no longer meets the criteria of N.H. Rev. Stat. § 135-C:27.
III. No civil action shall be maintained against a person who rescinds an involuntary admission pursuant to paragraph I or II, provided that the person is acting in good faith within the limits of his or her authority.
(a) A mobile crisis team under contract with the department of health and human services accepts transfer of the person’s care.
Terms Used In New Hampshire Revised Statutes 135-C:29-a
- APRN: means an advanced practice registered nurse licensed by the board of nursing who is certified as a psychiatric mental health nurse practitioner by a board-recognized national certifying body. See New Hampshire Revised Statutes 135-C:2
- Community mental health program: means a program established and administered by the state, city, town, or county, 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. See New Hampshire Revised Statutes 135-C:2
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the department of health and human services. See New Hampshire Revised Statutes 135-C:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Physician: means a medical doctor licensed to practice in New Hampshire. See New Hampshire Revised Statutes 135-C:2
- Treatment: means examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to clients in the mental health services system. See New Hampshire Revised Statutes 135-C:2
(b) An assertive community treatment team operated by a community mental health program accepts transfer of the person’s care.
(c) A community-based provider accepts transfer of the person’s care.
II. Following completion of an involuntary emergency admission certificate under N.H. Rev. Stat. § 135-C:28 and before custody of the person is accepted by a law enforcement officer pursuant to N.H. Rev. Stat. § 135-C:29, the certificate shall be rescinded and the person who is the subject of the certificate released if the physician , PA, or APRN who completed the certificate, or any other physician, PA, or APRN authorized to complete such certificates, finds that the person no longer meets the criteria of N.H. Rev. Stat. § 135-C:27.
III. No civil action shall be maintained against a person who rescinds an involuntary admission pursuant to paragraph I or II, provided that the person is acting in good faith within the limits of his or her authority.