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. 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.
II. The petition, police record, transport request, and medical record established as a result of the involuntary emergency admission shall remain with the accepting agency and shall only be released upon informed written consent of the individual.

Terms Used In New Hampshire Revised Statutes 135-C:33

  • Administrator: means the superintendent, executive director, or other chief administrative officer of any facility or of any community mental health program operated under the supervision of the commissioner. 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
  • petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
  • Physician: means a medical doctor licensed to practice in New Hampshire. See New Hampshire Revised Statutes 135-C:2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Receiving facility: means a treatment facility which is designated by the commissioner to accept for care, custody, and treatment persons involuntarily admitted to the state mental health services system. See New Hampshire Revised Statutes 135-C:2

III. The receiving facility shall either arrange the transportation within 24 hours of such notice or shall be liable for the cost of such transportation.