CHAPTER 225

HB 1250 - FINAL VERSION

23march00.....3584h

2000 SESSION

00-2541

05/09

HOUSE BILL 1250

AN ACT allowing an advanced registered nurse practitioner to declare a personal safety emergency and to transfer an inmate for a psychiatric inpatient emergency.

SPONSORS: Rep. Knowles, Straf 11

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill allows an advanced registered nurse practitioner to evaluate an inmate or a patient at the secure psychiatric unit to declare a personal safety emergency and to transfer the person for inpatient psychiatric treatment.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23march00.....3584h

00-2541

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

AN ACT allowing an advanced registered nurse practitioner to declare a personal safety emergency and to transfer an inmate for a psychiatric inpatient emergency.

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

225:1 Physical Force by Persons with Special Responsibilities; Advanced Registered Nurse Practitioners. Amend RSA 627:6, VII to read as follows:

VII. A licensed physician, or a person acting under his or her direction, or an advanced registered nurse practitioner (ARNP) working for the department of corrections may use force for the purpose of administering a recognized form of treatment which he or she reasonably believes will tend to promote the physical or mental health of the patient, provided such treatment is administered:

(a) With consent of the patient or, if the patient is a minor or incompetent person, with the consent of the person entrusted with his care and supervision; or

(b) In an emergency when the physician or the advanced registered nurse practitioner (ARNP) reasonably believes that no one competent to consent can be consulted and that a reasonable person concerned for the welfare of the patient would consent.

225:2 Temporary Removal of Prisoners; Illness or Emergency; Authority of Advanced Registered Nurse Practitioner. Amend RSA 623:1, I to read as follows:

I. Any person confined in a county department of corrections facility, state prison or other place of detention may, under necessary precautions, be taken by some regular or specially authorized officer from such place of detention to a medical facility for the purpose of receiving medical examination or treatment upon recommendation of a physician or an advanced registered nurse practitioner (ARNP) and upon approval of the administrator of the institution in which the person is confined. In the case of a transfer for medical purposes for a period in excess of 24 hours, the justice of the court who originally ordered the prisoner's commitment shall be given written notice of the transfer within 5 days of said transfer, and shall be given notice upon the return of the prisoner within 5 days of the prisoner's return. The provisions of RSA 402:79 shall apply to payments for medical care provided pursuant to this section.

225:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: June 1, 2000)

(Effective Date: July 31, 2000)