1. (a) A person shall be eligible for an IEA if the person is in such mental condition as a result of mental illness to pose a likelihood of danger to themselves or others. A mental condition that is a result of a mental illness requires that the mental condition be directly linked to mental illness and not the result of any other ailment.

2. (b) A person shall be considered a danger to themselves if any one of the following sets of circumstances exists:

   1. (1) Within 40 days of the completion of a petition, the person has inflicted serious bodily injury on himself or has attempted suicide or serious self-injury and there is a likelihood the act or attempted act will recur if admission is not ordered;
   2. (2) Within 40 days of the completion of a petition, the person has threatened to inflict serious bodily injury on himself and there is likelihood that an act or attempt of serious self-injury will occur if admission is not ordered;
   3. (3) The person's behavior demonstrates that he or she so lacks the capacity to care for his or her own welfare that there is a likelihood of death, serious bodily injury, or serious debilitation if admission is not ordered; or

   4. (4) The person meets the following criteria:

      1. a. The person has been determined to be severely mentally disabled as determined by their medical practitioner in accordance with the standard of practice that the licensed practitioner must follow for a period of at least one year;
      2. b. The person has had at least one involuntary admission, within the last 2 years, pursuant to RSA 135-C:34-54;
      3. c. The person has no guardian of the person appointed pursuant to RSA 464-A;
      4. d. The person is not subject to a conditional discharge granted pursuant to RSA 135-C:49, II;
      5. e. The person has refused the treatment determined necessary by a mental health program, as defined in He-M 614.02(l), approved by the department; and
      6. f. A psychiatrist at a CMHP has determined, based upon the person's clinical history, that there is a substantial probability that the person's refusal to accept necessary treatment will lead to death, serious bodily injury, or serious debilitation if admission is not ordered.
3. (c) A person shall be considered a danger to others if, within 40 days of the completion of the petition, the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another.
4. (d) For persons on a conditional discharge from NHH, when a condition or circumstance exists which may create a potentially serious likelihood of danger to the person or to others, a psychiatrist, psychiatrist-supervised PA, or APRN at the CMHP providing the person’s outpatient care shall be authorized to revoke the conditional discharge in accordance with RSA 135-C:51 and He-M 609.06.
5. (e) The CMHP providing outpatient care to a person on a conditional discharge shall be authorized to disclose protected health information as necessary, consistent with the treatment exception in the Health Insurance Portability and Accountability Act (HIPAA), 45 CFR §164.502(a)(1)(ii), to a CMHP, hospital emergency department, or DRF providing treatment to the person.
6. (f) When it is not known whether a person is on a conditional discharge, a petition and certificate shall be authorized.
7. (g) If, prior to the completion of a petition and certificate, it is discovered that a conditional discharge exists and the CMHP providing outpatient care is available, the CMHP shall be authorized to proceed with a revocation of the conditional discharge.

Source. #13350, EMERGENCY RULE, eff 3-16-22, EXPIRED: 9-12-22 New. #13456, eff 10-6-22