SB177: relative to the use of physical restraints on persons who are involuntarily committed.

CHAPTER 239

SB 177 - FINAL VERSION

03/27/2019 1172s

23May2019... 1665h

2019 SESSION

19-0878

01/05

SENATE BILL 177

AN ACT relative to the use of physical restraints on persons who are involuntarily committed.

SPONSORS: Sen. Sherman, Dist 24; Sen. Fuller Clark, Dist 21; Sen. Hennessey, Dist 5; Sen. Rosenwald, Dist 13; Sen. Watters, Dist 4; Rep. MacKay, Merr. 14; Rep. Guthrie, Rock. 13; Rep. Knirk, Carr. 3; Rep. Cushing, Rock. 21; Rep. Almy, Graf. 13

COMMITTEE: Health and Human Services

ANALYSIS

This bill clarifies when physical restraints may be used to transport a person being admitted to New Hampshire hospital or a designated receiving facility.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/27/2019 1172s

23May2019... 1665h 19-0878

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT relative to the use of physical restraints on persons who are involuntarily committed.

Be it Enacted by the Senate and House of Representatives in General Court convened:

239:1 Mental Health Services System; Delivery to a Receiving Facility. RSA 135-C:29 is repealed and reenacted to read as follows:

135-C:29 Delivery to Receiving Facility.

I. Upon completion of an involuntary emergency admission certificate under RSA 135-C:28, a law enforcement officer shall, except as provided in paragraph II, take custody of the person to be admitted and shall immediately deliver such person to the receiving facility identified in the certificate. The mode and circumstances of transport to the receiving facility shall be determined in accordance with paragraph II.

II. The health care provider who is authorized to order involuntary emergency admission under RSA 135-C:28, I shall determine which transport option should be used to transport the person to New Hampshire hospital or the designated receiving facility. The transport options shall be by ambulance or by law enforcement. The transporting agency shall deliver the person to the designated receiving facility or New Hampshire hospital and shall determine whether restraint is necessary to protect the safety of the person, personnel conducting the transport, property, or the public. In the case of ambulance transport, such determination shall be in writing and shall state the factual basis for the conclusion that physical restraints are necessary. Physical restraints shall be used only to transport a person being admitted to New Hampshire hospital or a designated receiving facility, if necessary, to protect the safety of the person, personnel conducting the transport, property, or the public. For the purpose of this paragraph, "physical restraints" means the use of mechanical devices or other means to restrict the movement of a person or the movement or normal function of a portion of his or her body.

III. When the person being admitted to New Hampshire hospital or a designated receiving facility is a child under age 18, the health care provider shall consult with the parent, guardian, or legal custodian of the child prior to making the determination required under paragraph II.

IV. Each designated receiving facility and the chief executive officer of New Hampshire hospital shall submit an annual report regarding the use of restraint and the use of different modes of transportation to their facility. The report shall be submitted on or before November 1 of each year to the oversight committee on health and human services, established in RSA 126-A:13, and shall document the 12 months ending on September 30 of each year. The first report shall be for the 9 months ending on September 30, 2020. The report shall detail the number of admissions of children and adults, broken down by mode of transport, how often restraints were used in each mode of transport, and if the restraint was applied before or during transport.

239:2 Effective Date. This act shall take effect January 1, 2020.

Approved: July 12, 2019

Effective Date: January 01, 2020