- (a) “Certificate” means the document completed by a certifying practitioner pursuant to RSA 135-C:28, I, stating that the person to be admitted meets the criteria for IEA specified in RSA 135-C:27.
- (b) “Certifying practitioner” means a licensed practitioner who has been approved by either a DRF or a CMHP to have the expertise and qualifications to complete an IEA certificate in accordance with RSA 135-C:28, I, and placed on a list of certifying practitioners by the commissioner.
- (c) “Commissioner” means the commissioner of the department of health and human services.
- (d) “Community mental health program” (CMHP) means “community mental health program” as defined in RSA 135-C:2, IV. The term includes the term “community mental health provider”.
- (e) “Designated receiving facility” (DRF) means a “receiving facility” as defined in RSA 135-C:2, XIV and includes NHH pursuant to RSA 135-C:26.
(f) “Incapacitated” means that a person, as a result of the use of alcohol or substances, is in a state of intoxication, or mental confusion resulting from withdrawal, such that:
- (1) The person appears to need medical care or supervision to assure his or her safety; or
- (2) The person appears to present a direct active or passive threat to the safety of others.
- (g) “Informed decision” means an “informed decision” as defined by RSA 135-C:2, IX.
- (h) “Intoxicated” means a condition in which the mental or physical functioning of an individual is substantially impaired as a result of the presence of alcohol or substances in his or her system.
- (i) “Involuntary admission” means an order of involuntary commitment made pursuant to RSA 135-C:34-54 by a probate court.
- (j) “Involuntary emergency admission (IEA)” means admission to the state mental health system on an involuntary, emergency basis, pursuant to RSA 135-C:27-33, of a person who is in such mental condition as a result of a mental illness as to pose a likelihood of harm to self or others.
- (k) “Licensed practitioner” means a physician, physician’s assistant (PA), or advance practice registered nurse (APRN) licensed to practice in this state.
- (l) “Mental health program” means any program in which mental health services are performed to treat someone with a mental health concern.
- (m) “Mental illness” means “mental illness” as defined in RSA 135-C:2, X.
- (n) “Minor” means any person under the age of 18 years.
- (o) “Parent” means a biological or adoptive legal custodian of a minor, or a person or agency appointed as a guardian of the person of a minor.
- (p) “Petition” means a written document that requests the IEA of a person and that is completed in accordance with the requirements in RSA 135-C:27-28.
- (q) “Petition and certificate” means the entire document entitled “Petition and Certificate for Involuntary Emergency Admission (IEA)” created by the State of New Hampshire, Judiciary Branch, Form NHJB-2826-D, (03/17/2022).
- (r) “Petitioner” means any individual who has petitioned for an examination of a person for the purpose of an IEA, which may include a certifying practitioner who has conducted or caused to be conducted an examination or completed a certificate for purposes of IEA.
Source. #13350, EMERGENCY RULE, eff 3-16-22, EXPIRED: 9-12-22 New. #13456, eff 10-6-22