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RSA 135-C:49 · Discharge by Administrator

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:49 Discharge by Administrator. –

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When a person has been involuntarily admitted to a receiving facility pursuant to RSA 135-C:34-54, or conditionally discharged pursuant to paragraph IV of this section, the clinical staff of the receiving facility where the person has most recently received treatment may recommend to the administrator of the facility an absolute discharge for the person if the clinical staff determines that the person does not require the acute level of treatment available at the receiving facility.

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II.

The administrator, with the consent of the chief administrator of the state mental health services system or designee, shall have discretion to grant the absolute discharge based on the recommendation of the clinical staff; provided, that the examination upon which the recommendation was made was conducted within 3 days of the absolute discharge order.

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III.

The administrator shall, in writing, immediately notify the court entering the original order of commitment that the person has been given an absolute discharge prior to the expiration of the order of the commitment. Upon receipt of the notice, the court shall make the notice part of the person's file and shall enter the discharge and the date of discharge upon the docket.

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IV.

The administrator, or designee, of the facility may grant a person, whose condition is not considered appropriate for absolute discharge under paragraph I of this section, a conditional discharge. Source. 1986, 212:1. 1995, 310:174. 1997, 316:1, eff. Aug. 20, 1997. 2020, 37:121, eff. July 1, 2020.

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Source note

Source. 1986, 212:1. 1995, 310:174. 1997, 316:1, eff. Aug. 20, 1997. 2020, 37:121, eff. July 1, 2020.

Source history

1986, 212:1
1995, 310:174
1997, 316:1, eff. Aug. 20, 1997
2020, 37:121, eff. July 1, 2020

Related materials

Bill relationships

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 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 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 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
2026 SB555 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 SB555-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
2025 HB2 reference
1-E:28. In the event these funds are not fully expended for this population, the department shall have the authority to use said funds to fund services for individuals served under RSA 171-A, RSA 161-F:52, and RSA 135-C. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. 141:434 Effective Date. Sections 432 and 433 of this act shall take effect September 30,