1. (a) All persons committed or transferred to the unit pursuant to RSA 171-B:2, RSA 135:17-a, RSA 135-C:34, RSA 135-E:4, RSA 135-E:11, RSA 623:1, RSA 651:8-b, RSA 651:9-a, RSA 651:11, or RSA 651:11-a, as lawfully ordered by the court of competent jurisdiction or the commissioner, shall be residents of the SPU unless otherwise discharged pursuant to New Hampshire law.
2. (b) A person in the custody of the commissioner who needs hospitalization for a behavioral health illness shall be transferred to the SPU following a due process hearing pursuant to RSA 623:1 and Cor 403.10. If the person requires immediate transfer, the due process review shall occur within 24 hours following the transfer.
3. (c) Any person subject to an involuntary admission to the SPU shall be transferred to the SPU, per RSA 622:40-48, upon a determination that the person would present a serious likelihood of danger to himself, or herself, or to others if admitted to or retained at New Hampshire hospital.

4. (d) Admission to the SPU shall be ordered by:

   1. (1) A probate court pursuant to the relevant sections of RSA 135-C, RSA 171, or RSA 135-E;
   2. (2) A criminal court order pursuant to the relevant sections of RSA 651; or
   3. (3) An emergency transfer pursuant to RSA 623.
5. (e) Except upon an order of court or in an emergency, no admission or transfer to the SPU shall occur without the prior approval of the commissioner or designee and the director of medical and forensic services or their designees. The request for approval shall be made in writing to the commissioner by the sending jurisdiction. The commissioner’s approval shall be based upon the physician’s or APRN’s certification documenting the dangerousness of the person to self or others. In such instances, if the person to be admitted or transferred objects to the admission or transfer, he or she shall request a review of the decision by the director of medical and forensic services or their designee. The review shall occur prior to the admission or transfer, or within 24 hours following the admission or transfer where immediate admission or transfer has been determined necessary by the physician or APRN to protect the person or others. If the director of medical and forensic services upholds the objection of a person to be transferred, the transfer shall not be made. If the director of medical and forensic services upholds the objection of a person already admitted or transferred, the person shall promptly be transferred back to a receiving facility named by the director of medical and forensic services.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19