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2021 New Hampshire Revised Statutes
Title X - Public Health
Title 135-C - New Hampshire Mental Health Services System
Section 135-C:40 - Examination by Psychiatrist.
Universal Citation: NH Rev Stat § 135-C:40 (2021)
135-C:40 Examination by Psychiatrist. –
Upon receipt of the petition, the court shall order the person sought to be admitted to make himself available for an examination by a psychiatrist designated by the court prior to the date of the hearing. A written report prepared by a psychiatrist shall be filed with the court on or before the day of the hearing. The report shall include the following:
I. Whether, in the opinion of the examining psychiatrist, the person sought to be admitted meets the standard in RSA 135-C:34.
II. Whether, in the opinion of the examining psychiatrist, involuntary admission is necessary for treatment of the person, and if so, the appropriate period of time, in the opinion of the examining psychiatrist, for such an admission. In determining the appropriate period of time, the examining psychiatrist shall include, to the extent that he considers it appropriate, time to allow for conditional discharge. Conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition.
III. The form of treatment best suited to the needs of the person, if, in the opinion of the examining psychiatrist, involuntary admission is not necessary.
IV. The receiving facility which can best provide the degree of security and treatment needed for the person.
V. Possible alternatives, including the least restrictive alternative, considered by the examining psychiatrist.
Upon receipt of the petition, the court shall order the person sought to be admitted to make himself available for an examination by a psychiatrist designated by the court prior to the date of the hearing. A written report prepared by a psychiatrist shall be filed with the court on or before the day of the hearing. The report shall include the following:
I. Whether, in the opinion of the examining psychiatrist, the person sought to be admitted meets the standard in RSA 135-C:34.
II. Whether, in the opinion of the examining psychiatrist, involuntary admission is necessary for treatment of the person, and if so, the appropriate period of time, in the opinion of the examining psychiatrist, for such an admission. In determining the appropriate period of time, the examining psychiatrist shall include, to the extent that he considers it appropriate, time to allow for conditional discharge. Conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition.
III. The form of treatment best suited to the needs of the person, if, in the opinion of the examining psychiatrist, involuntary admission is not necessary.
IV. The receiving facility which can best provide the degree of security and treatment needed for the person.
V. Possible alternatives, including the least restrictive alternative, considered by the examining psychiatrist.
Source. 1986, 212:1. 1992, 218:4, eff. Oct. 1, 1992.
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