§ 135:21-b — Emergency Treatment

A physician licensed in the state, a psychiatrist-supervised physician associate licensed in this state, a psychiatric mental health advanced practice registered nurse, or a person acting under such physician's, psychiatrist-supervised physician associate's, or advanced practice registered nurse's direction may administer a recognized and approved form of medical or psychiatric treatment which the physician, psychiatrist-supervised physician associate, or psychiatric mental health advanced practice registered nurse reasonably believes will tend to promote the physical and mental health of a patient of the New Hampshire hospital, Glencliff home, any community mental health or developmental services program or treatment facility receiving state grants under RSA 171-A, or any other treatment facility designated as a receiving facility under RSA 135-C, when:
I. The physician, psychiatrist-supervised physician associate, or psychiatric mental health advanced practice registered nurse reasonably believes that a medical or psychiatric emergency exists; and
II. The patient because of physical or mental condition is unable to make an informed decision, as defined in RSA 135-C:2, IX, with respect to the medical or psychiatric treatment offered; and
III. No person who is legally responsible for the patient can be consulted or appointed; and
IV. A reasonable person would consent to the administration of the emergency treatment.

Legislative History

1975, 219:1. 1979, 442:7. 1983, 469:134. 1988, 107:5. 1994, 248:2, 3. 2001, 184:1. 2007, 263:12. 2008, 52:2. 2009, 54:5, eff. July 21, 2009. 2019, 278:1, eff. Sept. 17, 2019. 2022, 272:54, eff. June 24, 2022. 2025, 105:1, 3, eff. June 17, 2025.