New Hampshire Revised Statutes 135-C:49 – Discharge by Administrator
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I. When a person has been involuntarily admitted to a receiving facility pursuant to N.H. Rev. Stat. § 135-C:34-54, or conditionally discharged pursuant to paragraph IV of this section, the clinical staff of the receiving facility where the person has most recently received treatment may recommend to the administrator of the facility an absolute discharge for the person if the clinical staff determines that the person does not require the acute level of treatment available at the receiving facility.
II. The administrator, with the consent of the chief administrator of the state mental health services system or designee, shall have discretion to grant the absolute discharge based on the recommendation of the clinical staff; provided, that the examination upon which the recommendation was made was conducted within 3 days of the absolute discharge order.
III. The administrator shall, in writing, immediately notify the court entering the original order of commitment that the person has been given an absolute discharge prior to the expiration of the order of the commitment. Upon receipt of the notice, the court shall make the notice part of the person’s file and shall enter the discharge and the date of discharge upon the docket.
IV. The administrator, or designee, of the facility may grant a person, whose condition is not considered appropriate for absolute discharge under paragraph I of this section, a conditional discharge.
II. The administrator, with the consent of the chief administrator of the state mental health services system or designee, shall have discretion to grant the absolute discharge based on the recommendation of the clinical staff; provided, that the examination upon which the recommendation was made was conducted within 3 days of the absolute discharge order.
Terms Used In New Hampshire Revised Statutes 135-C:49
- Absolute discharge: means the final and complete discharge of a mentally ill patient from any form of treatment by the department. See New Hampshire Revised Statutes 135-C:2
- 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
- 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
- Docket: A log containing brief entries of court proceedings.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- 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
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- 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
III. The administrator shall, in writing, immediately notify the court entering the original order of commitment that the person has been given an absolute discharge prior to the expiration of the order of the commitment. Upon receipt of the notice, the court shall make the notice part of the person’s file and shall enter the discharge and the date of discharge upon the docket.
IV. The administrator, or designee, of the facility may grant a person, whose condition is not considered appropriate for absolute discharge under paragraph I of this section, a conditional discharge.