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RSA 135-C:2 · Definitions

Title
X: PUBLIC HEALTH
Chapter
135-C · NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM
Status
current
Official source linked
Yes
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135-C:2 Definitions. – As used in this chapter:

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I.

"Absolute discharge" means the final and complete discharge of a mentally ill patient from any form of treatment by the department.

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II.

"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. II-a. "Advanced practice registered nurse" or "APRN" means an advanced practice registered nurse licensed by the board of nursing who is certified as a psychiatric mental health nurse practitioner by a board-recognized national certifying body. II-b. "Behavioral health crisis programs" means the continuum of services to address crisis intervention, crisis stabilization, and crisis residential treatment needs of those with a mental health and/or substance use disorder crisis that are person-first, wellness, resiliency, and recovery oriented. These include, but are not limited to, crisis intervention, including counseling provided by centers participating in the National Suicide Prevention Lifeline network, mobile crisis response teams, and crisis receiving and stabilization services.

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III.

"Commissioner" means the commissioner of the department of health and human services.

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IV.

"Community mental health program" means a program established and administered by the state, city, town, or county, or a nonprofit corporation for the purpose of providing mental health services to the residents of the area and which minimally provides emergency, medical or psychiatric screening and evaluation, case management, and psychotherapy services.

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V.

"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.

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VI.

"Department" means the department of health and human services. VII, VIII. [Repealed.]

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IX.

"Informed decision" means a choice made by a client or person seeking to be admitted who has the ability to make such a choice and who makes it voluntarily after all relevant information necessary to making the decision has been provided, and who understands that he is free to choose or refuse any available alternative, and who clearly indicates or expresses his choice. The choice shall be free from all coercion.

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X.

"Mental illness" means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It does not include impairment primarily caused by: (a) epilepsy; (b) intellectual disability; (c) continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or (d) dependence upon or addiction to any substance such as alcohol or drugs.

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XI.

"Neglect" means an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of an incapacitated adult.

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XII.

"Physician" means a medical doctor licensed to practice in New Hampshire. XII-a. "Physician associate" or "PA" means a physician associate licensed to practice in New Hampshire.

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XIII.

"Psychiatrist" means a physician licensed to practice in New Hampshire who is either board certified or board eligible according to the most recent regulations of the American Board of Psychiatry and Neurology, Inc., or its successor organization.

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XIV.

"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.

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XV.

"Severely mentally disabled" means having a mental illness which is either so acute or of such duration as to cause a substantial impairment of a person's ability to care for himself or to function normally in society in accordance with rules authorized by RSA 135-C:61. XV-a. "Transitional housing program services" means a residential program that provides housing and support services to persons with serious and persistent mental illness through a contract with the department of health and human services.

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XVI.

"Treatment" means examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to clients in the mental health services system. Treatment shall not include examination or diagnosis for the purpose of determining the need for involuntary emergency admissions pursuant to RSA 135-C:27-33 or involuntary admissions pursuant to RSA 135-C:34-54. Source. 1986, 212:1. 1995, 310:170, III, 175, 183. 2001, 184:2. 2002, 36:1. 2008, 52:3. 2009, 54:4, 5. 2011, 209:1, eff. July 1, 2011; 224:15, eff. July 1, 2011. 2018, 343:4, eff. July 1, 2018. 2019, 278:2, eff. Sept. 17, 2019. 2023, 240:2, eff. Aug. 8, 2023. 2025, 105:1, eff. June 17, 2025.

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Source note

Source. 1986, 212:1. 1995, 310:170, III, 175, 183. 2001, 184:2. 2002, 36:1. 2008, 52:3. 2009, 54:4, 5. 2011, 209:1, eff. July 1, 2011; 224:15, eff. July 1, 2011. 2018, 343:4, eff. July 1, 2018. 2019, 278:2, eff. Sept. 17, 2019. 2023, 240:2, eff. Aug. 8, 2023. 2025, 105:1, eff. June 17, 2025.

Source history

  • 1986, 212:1
  • 1995, 310:170, III, 175, 183
  • 2001, 184:2
  • 2002, 36:1
  • 2008, 52:3
  • 2009, 54:4, 5
  • 2011, 209:1, eff. July 1, 2011; 224:15, eff. July 1, 2011
  • 2018, 343:4, eff. July 1, 2018
  • 2019, 278:2, eff. Sept. 17, 2019
  • 2023, 240:2, eff. Aug. 8, 2023
  • 2025, 105:1, eff. June 17, 2025

Related materials

Bill relationships

  • 2026 HB1070 amend

    he involuntary emergency admission process. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Involuntary Emergency Admissions. Amend RSA 135-C:28 to read as follows: III. Notwithstanding RSA 135-C:28, II, when a peace officer observes a person engaging in behavior which gives the peace officer reasonable suspicion to believe that the person may be suffering fro

  • 2026 HB1070-FN amend

    he involuntary emergency admission process. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Involuntary Emergency Admissions. Amend RSA 135-C:28 to read as follows: III. Notwithstanding RSA 135-C:28, II, when a peace officer observes a person engaging in behavior which gives the peace officer reasonable suspicion to believe that the person may be suffering fro

  • 2026 HB1642 reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 HB1642-FN reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 HB1790 amend · effective 2027-01-01

    ain individuals with a substance use disorder. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Mental Health Services System. Amend RSA 135-C:2, XV-a to read as follows: XV-a. "Substance use disorder" means the chronic or habitual consumption or ingestion of controlled substances or intentional inhalation of toxic vapors by a person to the extent that such us

  • 2026 HB1790 reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 135-C to include substance use disorder (SUD) in the definition of “mental illness” for purposes of involuntary emergency admission and non-emergency involuntary admission to a receiving facility. As a result, individuals wh

  • 2026 HB1790 amend · effective 2027-01-01

    persons with serious and persistent mental illness through a contract with the department of health and human services. 2 New Paragraph; Involuntary Emergency Admission. Amend RSA 135-C:27 by inserting after paragraph II the following new paragraph: III. Notwithstanding RSA 135-C:2, X, as used in this subdivision, "mental illness" means a substantial impairment of emotional processes, or of the ability

  • 2026 HB1790-FN amend · effective 2027-01-01

    persons with serious and persistent mental illness through a contract with the department of health and human services. 2 New Paragraph; Involuntary Emergency Admission. Amend RSA 135-C:27 by inserting after paragraph II the following new paragraph: III. Notwithstanding RSA 135-C:2, X, as used in this subdivision, "mental illness" means a substantial impairment of emotional processes, or of the ability

  • 2026 HB1790-FN reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 135-C to include substance use disorder (SUD) in the definition of “mental illness” for purposes of involuntary emergency admission and non-emergency involuntary admission to a receiving facility. As a result, individuals wh

  • 2026 HB1790-FN amend · effective 2027-01-01

    ain individuals with a substance use disorder. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 Mental Health Services System. Amend RSA 135-C:2, XV-a to read as follows: XV-a. "Substance use disorder" means the chronic or habitual consumption or ingestion of controlled substances or intentional inhalation of toxic vapors by a person to the extent that such us

  • 2026 SB142 reference · effective 2026-01-01

    state facility that is for or that includes detained or adjudicated youth. (q) Special education programs under RSA 186-C:20. (r) Children’s behavioral health services under RSA 135-C and 135-F. (s) Any other program, service, or facility previously administered or managed by the department of health and human services according to any law whose powers and duties have been transferred under this ch

  • 2026 SB142-FN reference · effective 2026-01-01

    state facility that is for or that includes detained or adjudicated youth. (q) Special education programs under RSA 186-C:20. (r) Children’s behavioral health services under RSA 135-C and 135-F. (s) Any other program, service, or facility previously administered or managed by the department of health and human services according to any law whose powers and duties have been transferred under this ch

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