Bill Text: NH SB177 | 2019 | Regular Session | Introduced
Bill Title: Relative to the use of physical restraints on persons who are involuntarily committed.
Spectrum: Moderate Partisan Bill (Democrat 9-1)
Status: (Passed) 2019-07-16 - Signed by the Governor on 07/12/2019; Chapter 239; Effective 01/01/2020 [SB177 Detail]
Download: New_Hampshire-2019-SB177-Introduced.html
SB 177 - AS INTRODUCED
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
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
1 New Paragraph; Involuntary Commitments; Physical Restraints. Amend RSA 135-C:29 by inserting after paragraph II the following new paragraph:
III. Physical restraints shall be used only to transport a person being admitted to New Hampshire hospital or designated receiving facilities if necessary to protect the safety of the person or the public following the occurrence of, or substantial and imminent threat of, extreme violence, personal injury, or attempted suicide. Such restraints shall only be used following a written determination of necessity executed by a physician or APRN who is authorized to order involuntary emergency admission to the state mental health services system under RSA 135-C:28, I. The written determination shall state the factual basis for the conclusion that restraint is necessary to protect the safety of the person and/or the public. For purposes 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.
2 New Paragraph; Rights of Clients in the Mental Health Services System; Physical Restraints. Amend RSA 135-C:62 by inserting after paragraph II the following new paragraph:
III. Physical restraints shall be used only to take custody and transport a person being admitted to New Hampshire hospital or designated receiving facilities if necessary to protect the safety of the person or the public following the occurrence of, or substantial and imminent threat of, extreme violence, personal injury, or attempted suicide. Such physical restraints shall only be used to take custody and transport persons under this section if a physician or ARNP states in writing that such restraints are necessary. Only physicians or APRNs authorized to order involuntary emergency admission to the state mental health services system under RSA 135-C:28, I may authorize the use of restraints pursuant to this section. In a case where a person not subject to involuntary emergency admission is taken into custody and being transported, the authority for stating in writing that such restraints are necessary shall be those named in RSA 135-C:62, I(b), (e), (f) and (g). For purposes 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.
3 Effective Date. This act shall take effect January 1, 2020.
