New Hampshire Revised Statutes 135-C:40 – Examination by Psychiatrist
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Upon receipt of the petition, the court shall order the person sought to be admitted to make himself available for an examination by a psychiatrist designated by the court prior to the date of the hearing. A written report prepared by a psychiatrist shall be filed with the court on or before the day of the hearing. The report shall include the following:
I. Whether, in the opinion of the examining psychiatrist, the person sought to be admitted meets the standard in N.H. Rev. Stat. § 135-C:34.
II. Whether, in the opinion of the examining psychiatrist, involuntary admission is necessary for treatment of the person, and if so, the appropriate period of time, in the opinion of the examining psychiatrist, for such an admission. In determining the appropriate period of time, the examining psychiatrist shall include, to the extent that he considers it appropriate, time to allow for conditional discharge. Conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person’s dangerous condition.
III. The form of treatment best suited to the needs of the person, if, in the opinion of the examining psychiatrist, involuntary admission is not necessary.
IV. The receiving facility which can best provide the degree of security and treatment needed for the person.
V. Possible alternatives, including the least restrictive alternative, considered by the examining psychiatrist.
I. Whether, in the opinion of the examining psychiatrist, the person sought to be admitted meets the standard in N.H. Rev. Stat. § 135-C:34.
Terms Used In New Hampshire Revised Statutes 135-C:40
- Conditional discharge: means the release of an involuntarily admitted person from a receiving facility on the condition that the person accept treatment in the community or be subject to readmission. 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
- Mental illness: means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. See New Hampshire Revised Statutes 135-C:2
- 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
- Psychiatrist: means a physician licensed to practice in New Hampshire who is either board certified or board eligible according to the most recent regulations of the American Board of Psychiatry and Neurology, Inc. See New Hampshire Revised Statutes 135-C:2
- 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
- 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
II. Whether, in the opinion of the examining psychiatrist, involuntary admission is necessary for treatment of the person, and if so, the appropriate period of time, in the opinion of the examining psychiatrist, for such an admission. In determining the appropriate period of time, the examining psychiatrist shall include, to the extent that he considers it appropriate, time to allow for conditional discharge. Conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person’s dangerous condition.
III. The form of treatment best suited to the needs of the person, if, in the opinion of the examining psychiatrist, involuntary admission is not necessary.
IV. The receiving facility which can best provide the degree of security and treatment needed for the person.
V. Possible alternatives, including the least restrictive alternative, considered by the examining psychiatrist.