CHAPTER 135-C NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM
Section 135-C:6
135-C:6 Bureaus Established; Staffing. –
I. There shall be established within the department the bureau of behavioral health services, which shall include, but not be limited to, New Hampshire hospital, Glencliff home, and community mental health services.
II. The commissioner shall appoint a person duly qualified by training and experience to serve as chief executive officer of New Hampshire hospital and perform such duties as are assigned by the commissioner.
III. The commissioner shall appoint a chief operating officer of New Hampshire hospital. Such person shall be, through training and experience, qualified to serve and shall perform such duties as are assigned by the commissioner.
IV. The commissioner may establish one or more positions of unit director and senior physician, psychiatrist, dentist, and director of nursing and shall appoint qualified personnel to these positions. The commissioner may abolish these positions because of a change in organization, lack of work, unappropriated or insufficient funds, or like reasons.
V. The commissioner shall appoint a person duly qualified by training and experience to serve as administrator of the Glencliff home and perform such duties as are assigned by the commissioner.
VI. There shall be established a medical director, who shall be responsible for providing oversight and advice on the clinical services and treatment within the state mental health services system. The commissioner shall appoint or designate a person duly qualified by training and experience to fulfill these responsibilities and to perform such other duties as are assigned by the commissioner.
VII. The annual salary of each person appointed to a position established under this section and his or her right to maintenance shall be in accordance with RSA 94:1-5.
VIII. Each person appointed under this section shall serve subject to the following provisions:
(a) The commissioner may terminate the appointee from the position for either:
(1) Good cause, which shall include, but not be limited to malfeasance, misfeasance, or insubordination; or
(2) The abolition of a position because of a change in organization, lack of work, unappropriated or insufficient funds, or like reasons.
(b) Termination shall be made only after written notice to the appointee stating the reasons for the decision. Within 10 days after receipt of the notice of the termination, the appointee may appeal the termination in writing to the commissioner. Within 20 days of receiving the notice of appeal, the commissioner shall conduct a hearing in accordance with rules adopted under RSA 541-A. Within 10 days after completion of the hearing process, the commissioner shall render a written decision either upholding or reversing the termination. If the commissioner reverses the termination, the appointee shall be reinstated and all pay and benefits lost during the time of the appeals process shall be restored to the appointee.