0231-hb 1438

CHAPTER 231

HB 1438-FN - FINAL VERSION

AN ACT relative to transportation of children for involuntary emergency admissions.

SPONSORS: Rep. C. Moore, Merr 19; Rep. Arnold, Hills 20; Sen. Gordon, Dist 2

This bill authorizes transportation of a child who is the subject of an involuntary emergency admission by ambulance in place of law enforcement personnel.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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

231:1 Statement of Purpose. The general court recognizes that involuntary admission of a child to a mental health facility may be particularly frightening to the child and distressing to the child's family. Therefore, this bill authorizes, when safe and medically appropriate, a child to be transported by ambulance rather than by law enforcement personnel.

231:2 Transportation by Ambulance Authorized. Amend RSA 135-C:29 to read as follows:

I. Upon completion of an involuntary emergency admission certificate under RSA 135-C:28, any law enforcement officer shall, except as provided in paragraph II, take custody of the person to be admitted and immediately deliver him to the receiving facility identified in the certificate.

II. The physician shall consult with the parent, guardian, or legal custodian of a child subject to involuntary emergency admission regarding available transportation alternatives. If the physician determines that the child does not require the degree of security provided by a law enforcement vehicle, the physician may, with the consent of the parent, guardian, or legal custodian, authorize an ambulance service or other medical vehicle to deliver the child to the receiving facility.

231:3 Exception Reference Added. Amend the introductory paragraph of RSA 135-C:62, I to read as follows:

I. Except as provided in RSA 135-C:29, any law enforcement officer shall take custody of persons who are subject to proceedings for involuntary emergency admission; involuntary admission, or temporary revocation of a conditional discharge under RSA 135-C in the following circumstances:

The Department of Health and Human Services indicates this bill will increase state expenditures by $7,405 in FY 2001 and by $14,810 in FY 2002 and each year thereafter. State restricted revenue will increase by $3,703 in FY 2001 and by $7,405 in FY 2002 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.

The Department states that within a one-year period, approximately 337 children are admitted to mental health facilities through involuntary admission. About 200 of these children could be transported safely by ambulance. Half of the children admitted are Medicaid recipients and Medicaid would pay one-half of the cost of transporting them by ambulance. Private insurance or the child's legal guardian would pay transportation costs for the remaining children. Since most of the children live in the southern part of the state, a trip from Nashua to Concord was considered to be typical. The current cost for this "typical" trip is $148.10.