HB 1028  - AS INTRODUCED

 

 

2024 SESSION

24-2304

05/02

 

HOUSE BILL 1028

 

AN ACT relative to the definition of mental illness for purposes of the New Hampshire mental health services system.

 

SPONSORS: Rep. Bernardy, Rock. 36

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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ANALYSIS

 

This bill revises the definition of mental illness for purposes of the mental health services system to remove the exclusion of intellectual disability and provides that an individual shall not be deemed ineligible for mental health services due to a co-occurrence of mental illness and intellectual disability.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2304

05/02

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to the definition of mental illness for purposes of the New Hampshire mental health services system.

 

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

 

1  New Hampshire Mental Health Services System; Definition of Mental Illness.  Amend RSA 135-C:2, X to read as follows:  

X. "Mental illness" means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It does not include impairment primarily caused by: (a) epilepsy; (b) [intellectual disability; (c)] continuous or noncontinuous periods of intoxication caused by substances such as alcohol or drugs; or [(d)] (c) dependence upon or addiction to any substance such as alcohol or drugs.

2  New Hampshire Mental Health Services System; Co-occurrence of Mental Illness and Intellectual Disability.  Amend RSA 135-C:3 to read as follows:

135-C:3 State Services System Established.  The department shall establish, maintain, implement, and coordinate a system of mental health services under this chapter and a system of developmental services under RSA 171-A. Both systems shall be supervised by the commissioner. At the discretion of the commissioner, the department may directly operate and administer any program or facility which provides, or which may be established to provide, services to mentally ill or developmentally impaired persons or may enter into a contract with any individual, partnership, association, public or private, for profit or nonprofit, agency or corporation for the operation and administration of any such program or facility. An individual shall not be determined ineligible for services under this chapter on the basis of co-occurrence of mental illness and an intellectual or developmental disability.

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