125-A:1 Compact Ratified. 

In order to provide advisory service to voluntary and official health agencies and educational institutions concerned with health, relating to policies concerned with the promotion, preservation and restoration of health and to insure the availability of day to day medical care where there is need in the rural areas of Maine, New Hampshire and Vermont, the general court of this state hereby ratifies the following compact to become effective at such time as the legislative bodies of the states of Maine and Vermont also ratify it.


Northern New England Medical Needs Compact
Article I

In order to provide advisory service to voluntary and official health agencies and educational institutions concerned with health, relating to policies concerned with the promotion, preservation and restoration of health and to insure the availability of day to day medical care where there is need in the rural areas of the compacting states.


Article II

There is hereby created and established a Tri-State Regional Medical Needs Board which shall be the agency of each state party to the compact. The board shall be a body corporate and politic having the powers, duties and jurisdiction herein enumerated and such other and additional powers as shall be conferred upon it by the concurrent act or acts of the compacting states. The board shall consist of the president, vice-president and president-elect of the medical societies of Vermont and New Hampshire and the president, president-elect and executive director of the Maine Medical Association; the commissioners of health of the 3 states; the deans of the University of Vermont and Dartmouth Medical Schools; the chairman of the curriculum committee and director of health Studies of the University of Vermont College of Medicine, the latter 2 without vote.


Article III

This compact shall become operative immediately at such time as the last of the 3 compacting states shall have executed it in the form which is in accordance with the laws of the respective compacting states.


Article IV

The board shall annually elect from its members a chairman, and vice-chairman, and shall appoint and at its pleasure remove or discharge said officers. It may appoint and employ an executive secretary and may employ such stenographic, clerical, technical or legal personnel as shall be necessary, and at its pleasure may remove or discharge such personnel. It shall adopt a seal and suitable by-laws and shall promulgate any and all rules and regulations which may be necessary for the conduct of its business. It may maintain an office or offices within the territory of the compacting states and may meet at any time or place. Meetings shall be held at least once in each calendar year. A majority of the members shall constitute a quorum for the transaction of business but no action of the board imposing any obligation on any compacting state shall be binding unless a majority of the members from such compacting state shall have voted in favor thereof. Where meetings are planned to discuss matters relevant to problems of rural medical needs of only certain of the compacting states, the board may vote to authorize special meetings of the board members of such states. The board shall keep an accurate account of all receipts and disbursements and shall make an annual report to the governor and the legislature of each compacting state, setting forth in detail the operations and transactions conducted by it pursuant to this compact and shall make recommendations for any legislative action deemed by it advisable, including amendments to the statutes of the compacting states which may be necessary to carry out the intent and purposes of this compact. The board shall not pledge the credit of any compacting state without the consent of the legislature thereof given pursuant to the constitutional processes of said state. The board may meet any of its obligations in whole or in part with funds available to it under Article VI of this compact; provided, that the board takes specific action setting aside such funds prior to the incurring of any obligation to be met in whole or in part in this manner. Except where the board makes use of funds available to it under Article VI hereof, the board shall not incur any obligations for salaries, office, administrative, traveling or other expenses prior to the allotment of funds by the compacting states adequate to meet the same. Each compacting state reserves the right to provide hereafter by law for the examination and audit of the accounts of the board. The board shall appoint a treasurer who may be a member of the board, and disbursements by the board shall be valid only when authorized by the board and when vouchers therefor have been signed by the executive secretary and countersigned by the treasurer. The executive secretary shall be custodian of the records of the board with authority to attest to and certify such records or copies thereof.

The board shall study and consider for implementation and operation on a tri-state cooperative basis programs to promote, preserve and restore health in the rural areas of the compacting states. Any program deemed advisable for implementation and operation on a tri-state basis shall be submitted to each of the three legislatures with the endorsement of the members of the board and such program shall include therein an analysis of administrative and operational costs and a proposed division of costs on an equitable basis for each of the 3 states.

Nothing above should be construed to interfere with the sovereignty of the Departments of Health or Welfare or the Medical Societies of the individual compacting states.


Article V

The board shall have the power to: collect, correlate, and evaluate data in the fields of its interest under this compact; to publish reports, bulletins and other documents making available the results of its research; and, in its discretion, to charge fees for said reports, bulletins and documents.


Article VI

The board for the purposes of this compact is hereby empowered to receive grants, devises, gifts and bequests which the board may agree to accept and administer. The board shall administer property held in accordance with special trusts, grants and bequests, and shall also administer grants and devises of land and gifts or bequests of personal property made to the board for special uses, and shall execute said trusts, investing the proceeds thereof in notes or bonds secured by sufficient mortgages or other securities.


Article VII

The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the Constitution of any compacting state or of the United States the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby; provided, that if this compact is held to be contrary to the constitution of any compacting state the compact shall remain in full force and effect as to all other compacting states.


Article VIII

This compact shall continue in force and remain binding upon a compacting state until the legislature or the governor of such state, as the laws of such state shall provide, takes action to withdraw therefrom. Such action shall not be effective until 2 years after notice thereof has been sent by the governor of the state desiring to withdraw to the governors of the other states then parties to the compact. Such withdrawal shall not relieve the withdrawing state from its obligations accruing hereunder prior to the effective date of withdrawal. Any state so withdrawing, unless reinstated, shall cease to have any claim to or ownership of any of the property held by or vested in the board or to any of the funds of the board held under the terms of the compact. Thereafter, the withdrawing state may be reinstated by application after appropriate legislation is enacted by such state, upon approval by a majority of the board.


Article IX

If any compacting state shall at any time default in the performance of any of its obligations assumed or imposed in accordance with the provisions of this compact, all rights and privileges and benefits conferred by this compact or agreement hereunder shall be suspended from the effective date of such default as fixed by the board. Unless such default shall be remedied within a period of 2 years following the effective date of such default, this compact may be terminated with respect to such defaulting state by affirmative vote of the other 2 member states. Any such defaulting state may be reinstated by (a) performing all acts and obligations upon which it has heretofore defaulted, and (b) application to and approval by a majority vote of the board.


Source. 1957, 141:1.

    125-A:2 Copies to be Sent. 

The secretary of state shall send authenticated copies of this chapter to the governor of each of the other 2 states party to this compact.


Source. 1957, 141:1.

    125-A:3 Action by Governor. 

The governor is authorized to take any action necessary to complete the exchange and filing of documents as between this state and any other state ratifying this compact.


Source. 1957, 141:1.

    125-A:4 Report to Governor. 

The members from this state shall obtain accurate accounts of all the board's receipts and disbursements and shall report to the governor on or before the fifteenth day of November, in even numbered years, the transactions of the board for the biennium ending on the preceding June 30. They shall include in such report recommendations for any legislation which they consider necessary or desirable to carry out the intent and purposes of the compact.


Source. 1957, 141:1.

    125-A:5 Definition. 

Insofar as this state is concerned the words "commissioner of health" as used in this compact shall mean the state health officer.


Source. 1957, 141:1.

    125-A:6 Takes Effect. 

This chapter shall not be effective unless and until the governor of this state shall receive authenticated copies from the governors of the states of Maine and Vermont of the acts ratifying said compact.


Source. 1957, 141:2, eff. May 29, 1957.

    125-B:1 Compact Ratified. 

The general court of this state hereby ratifies the following compact to become effective at such time as the legislative bodies of at least 2 eligible party jurisdictions also ratify it.


New England Compact on Radiological Health Protection
Article I
Purposes

The purposes of this compact are to:

1. Promote the radiological health protection of the public and individuals within the party states.

2. Provide mutual aid and assistance in radiological health matters including, but not limited to, radiation incidents.

3. Encourage and facilitate the efficient use of personnel and equipment by furthering the orderly acquisition and sharing of resources useful for programs of radiation protection.


Article II
Enactment

The compact shall become effective when enacted into law by any 2 or more of the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. Thereafter it shall become effective with respect to any other aforementioned state upon its enacting this compact into law. Any state not mentioned in this article which is contiguous to any party state may become a party to this compact by enacting the same.


Article III
Duties of States

A. It shall be the duty of each party state to formulate and put into effect an intrastate radiation incident plan which is compatible with the interstate radiation incident plan formulated pursuant to this compact.

B. Whenever the compact administrator of a party state requests aid from the compact administrator of any other party state pursuant to this compact, it shall be the duty of the requested state to render all possible aid to the requesting state which is consonant with the maintenance of protection of its own people. The compact administrator of a party state may delegate any or all of his authority to request aid or respond to requests for aid pursuant to this compact to one or more subordinates, in order that requests for aid and responses thereto shall not be impeded by reason of the absence or unavailability of the compact administrator. Any compact administrator making such a delegation shall inform all the other compact administrators thereof, and also shall inform them of the identity of the subordinate or subordinates to whom the delegation has been made.

C. Each party state shall maintain adequate radiation protection personnel and equipment to meet normal demands for radiation protection within its borders.


Article IV
Liability

A. Whenever the officers or employees of any party state are rendering outside aid pursuant to the request of another party state under this compact, the officers or employees of such state shall, under the direction of the authorities of the state to which they are rendering aid, have the same powers, duties, rights, privileges and immunities as comparable officers and employees of the state to which they are rendering aid.

B. No party state or its officers or employees rendering outside aid pursuant to this compact shall be liable on account of any act or omission on their part while so engaged, or on account of the maintenance or use of any equipment or supplies in connection therewith.

C. All liability that may arise either under the laws of the requesting state or under the laws of the aiding state or under the laws of a third state, on account of or in connection with a request for aid, shall be assumed and borne by the requesting state.

D. Any party state rendering outside aid to cope with a radiation incident shall be reimbursed by the party state receiving such aid for any loss or damage to, or expense incurred in the operation of any equipment answering a request for aid, and for the cost of all materials, transportation and maintenance of officers, employees and equipment incurred in connection with such request: provided that nothing herein contained shall prevent any assisting party state from assuming such loss, damage, expense or other cost or from loaning such equipment or from donating such services to the receiving party state without charges or costs.

E. Each party state shall provide for the payment of compensation and death benefits to injured officers and employees and the representatives of deceased officers and employees in case officers or employees sustain injuries or are killed while rendering outside aid pursuant to this compact, in the same manner and on the same terms as if the injury or death were sustained within the state for or in which the officer or employee was regularly employed.


Article V
Facilities, Equipment and Personnel

A. Whenever a department, agency or officer of a party state responsible for and having control of facilities or equipment designed for or useful in radiation control, radiation research, or any other phase of a radiological health program or programs determines that such a facility or item of equipment is not being used to its full capacity by such party state, or that temporarily it is not needed for current use by such state, a department, agency or officer may, upon request of an appropriate department, agency or officer of another party state, make such facility or item of equipment available for use by such requesting department, agency or officer. Unless otherwise required by law, the availability and use resulting therefrom may be with or without charge, at the discretion of the lending department, agency or officer. Any personal property made available pursuant to this paragraph may be removed to the requesting state, but no such property shall be made available, except for a specified period and pursuant to written agreement. Except when necessary to meet an emergency, no supplies or materials intended to be consumed prior to return shall be made available pursuant to this paragraph.

B. In recognition of the mutual benefits, in addition to those resulting from Article IV, accruing to the party states from the existence and flexible use of professional or technical personnel having special skills or training related to radiation protection, such personnel may be made available to a party state by appropriate departments, agencies and officers of other party states: provided that the borrower reimburses such party state regularly employing the personnel in question for any cost of making such personnel available, including a prorated share of the salary or other compensation of the personnel involved.

C. Nothing in this Article shall be construed to limit or to modify in any way the provisions of Article IV of this compact.


Article VI
Compact Administrators

Each party state shall have a compact administrator who shall be the head of the state agency having principal responsibility for radiation protection, and who:

1. Shall coordinate activities pursuant to this compact in and on behalf of his state.

2. Serving jointly with the compact administrators of the other party states, shall develop and keep current an interstate radiation incident plan; consider such other matters as may be appropriate in connection with programs of cooperation in the field of radiation protection and allied areas of common interest; and formulate procedures for claims and reimbursement under the provisions of Article IV.


Article VII
Other Responsibilities and Activities

Nothing in this compact shall be construed to:

1. Authorize or permit any party state to curtail or diminish its radiation protection program, equipment, services or facilities.

2. Limit or restrict the powers of any state ratifying the same to provide for the radiological health protection of the public and individuals, or to prohibit the enactment or enforcement of state laws, rules or regulations intended to provide for such radiological health protection.

3. Affect any existing or future cooperative relationship or arrangement between Federal, state or local governments and a party state or states.


Article VIII
Withdrawal

Any party state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one year after the Governor of the withdrawing state has given notice in writing of the withdrawal to the governors of all other party states. No withdrawal shall affect any liability already incurred by or chargeable to a party state prior to the time of such withdrawal.


Article IX
Construction and Severability

It is the legislative intent that the provisions of this compact be reasonably and liberally construed. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be unconstitutional or the applicability thereof, to any state, agency, person, or circumstance is held invalid, the constitutionality of the remainder of this compact and the applicability thereof, to any other state, agency, person or circumstance shall not be affected thereby.


Source. 1967, 131:1, eff. July 18, 1967.

    125-B:2 State Agency. 

The state radiation control agency shall formulate and keep current a radiation incident plan for this state, in accordance with the duty assumed pursuant to Article III(a) of this compact.


Source. 1967, 131:1, eff. July 18, 1967.

    125-B:3 Compact Administrator. 

The compact administrator for this state, as required by Article VI of the compact, shall be the director of the state radiation control agency.


Source. 1967, 131:1, eff. July 18, 1967.

    125-C:1 Declaration of Policy and Purpose. 

It is hereby declared to be the public policy of the state of New Hampshire and the purpose of this chapter to achieve and maintain a reasonable degree of purity of the air resources of the state so as to promote the public health, welfare, and safety, prevent injury or detriment to human, plant, and animal life, physical property and other resources, foster the comfort and convenience of the people, promote the economic and social development of this state and to facilitate the enjoyment of the natural attractions of the state.


Source. 1979, 359:2, eff. July 1, 1979.

    125-C:10-a Municipal Waste Combustion Units. 

Any municipal waste combustor, as defined in RSA 125-M:2, XI, with a design capacity of at least 35 tons per day but no more than 250 tons per day of municipal solid waste, as defined in RSA 125-M:2, X, shall be limited to the following levels of emissions, unless otherwise provided for by a more stringent federal regulation, or by other state statute:

I. Particulate matter: 25 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method).

II. Opacity: 10 percent (6-minute average), 30 6-minute averages.

III. Cadmium: 0.035 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method).

IV. Lead: 0.4 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, 3-run average (run duration specified in test method).

V. Mercury: 0.028 milligrams/dry standard cubic meter, corrected to 7 percent oxygen, or 85 percent control efficiency, 3-run average (run duration specified in test method).

VI. Sulfur dioxide: 29 parts per million by volume, or 25 percent of the potential sulfur dioxide emission concentration, corrected to 7 percent oxygen (dry basis), monthly block geometric average concentration or percent reduction.

VII. Hydrogen chloride: 29 parts per million by volume, or 5 percent of the potential hydrogen chloride emission concentration, corrected to 7 percent oxygen (dry basis), 3-run average (minimum run duration is 1 hour).

VIII. Dioxins/furans: 35 nanograms/dry standard cubic meter (total mass), corrected to 7 percent oxygen, where an electrostatic precipitator-based emission control system is employed; or 30 nanograms/dry standard cubic meter (total mass) corrected to 7 percent oxygen, where an electrostatic precipitator-based emission control system is not employed, 3-run average (minimum run duration is 4 hours).


Source. 2005, 72:1, eff. Jan. 1, 2006. 2016, 100:1, eff. July 18, 2016.

    125-C:10-b Best Available Control Technology Required. 

I. For the purposes of this section:

(a) "
Best available control technology
" means an emission limitation based on the maximum degree of reduction for each air contaminant that would be emitted from any device that the department, on a case-by-case basis, taking into account energy, environmental, public health, and economic impacts and other costs, determines is achievable for such device through application of production processes or available equipment, methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such air contaminant.

(b) "
Exempt fuel
" means coal, natural gas, landfill gas, digester or bio gas, untreated wood, virgin petroleum products, biodiesel, as defined by RSA 362-A:1-a, I-b, or any mixture thereof.

II. Except as provided in paragraph VII, the construction, installation, operation, or modification of any device located at an affected source that will combust any material shall be prohibited without first applying for and obtaining a permit from the department that establishes emission limitations for such device based on best available control technology for controlling any particulate matter, mercury, or dioxin emissions from such device. Any material to be combusted in such device that is not an exempt fuel shall be certified as complying with standards established by the department. As part of the application for a permit, the affected source shall demonstrate that such standards and certification shall be complied with during facility operation. The permit shall contain inspection, testing, and reporting requirements to ensure such standards are met. The permit shall establish procedures for sampling and testing appropriate to the material to be combusted using US EPA SW-846, Test Methods for Evaluating Solid Waste, Physical/Chemical Methods, and applicable American Society for Testing and Materials sampling methods or alternate sampling and testing methods approved by the department.

III. If stack testing results show that emissions from a device are less than but within 10 percent of the emission limitation for a specific air contaminant established under paragraph II for the device, the affected source shall install a department approved continuous emission monitor (CEM) for that air contaminant. If a department approved CEM is not available for that air contaminant, the affected source shall submit a plan, including monitoring and stack testing requirements, for ensuring that the emissions limitation for that air contaminant is not exceeded until such time as a department approved CEM for that air contaminant becomes available. Once a department approved CEM is available, the affected source shall install that CEM within 24 months of department approval of the CEM.

IV. Once the department has established an emission limitation for one or more air contaminants under paragraph II for a device based on best available control technology, no further best available control technology determination for the emission of such air contaminant or air contaminants from such device shall be required for such period of time as specified in rules of the department, unless there is a modification of the device.

V. Any determination by the department pursuant to paragraph II, shall be subject to the following:

(a) In no event shall application of best available control technology result in:

(1) Emission of any air contaminant that would exceed the emissions allowed by any applicable standard under RSA 125-C or RSA 125-I or rules adopted pursuant to either chapter; and

(2) Emission of any air contaminant specified in paragraph II in an amount disproportionate to the emissions of such air contaminant from other similar air pollution control devices for that air contaminant at facilities using similar combustion technology and similar fuels.

(b) If the department determines that a device emits more than one of the air contaminants specified in paragraph II, or that the affected source has more than one device that emits such air contaminants, the department shall determine best available control technology emission limitations for all such devices and all such air contaminants emitted.

VI. If, prior to the effective date of this section, the department made under other authority a best available control technology determination for any air contaminant specified in paragraph II for any existing device and established in a permit issued pursuant to this chapter an emission limitation for such air contaminant, then no determination of best available control technology pursuant to paragraph II for such air contaminant from such device shall be required for such period of time as specified in rules of the department, unless there is a modification of the device.

VII. This section shall not apply to:

(a) A municipal waste combustor that is subject to RSA 125-M;

(b) Chemical recovery combustion sources at pulp and paper mills subject to 40 CFR 63, Subpart MM;

(c) A device at an affected source that combusts material of which at least 90 percent by weight is exempt fuel;

(d) An affected source that is within a listed source category and subject to a performance standard or emission guidelines established by the United States Environmental Protection Agency pursuant to either section 111
 or section 112
 or section 129
 of the Clean Air Act, provided that these standards and guidelines are at least as stringent as those achieved by applying best available control technology as specified under paragraph II;

(e) A device at an affected source that, on the effective date of this section, routinely combusts any material other than a material specified in subparagraph (c) under a permit issued by the department, unless there is later a modification of such device; or

(f) A device at an affected source with emissions of particulate matter, mercury, or dioxin below threshold levels established by rules of the department.


Source. 2005, 173:4. 2010, 183:9-12, eff. June 21, 2010. 2017, 186:1, eff. June 29, 2017.

    125-C:10-c Combustion Ban. 

I. Notwithstanding any provision of law to the contrary, no person shall combust the wood component of construction and demolition debris, as defined in RSA 149-M:4, IV-a, or any mixture or derivation from said component.

II. This section shall not apply to:

(a) The incidental combustion of such materials either by any municipal waste incinerator or a municipal waste combustor with a design capacity of less than 250 tons per day of municipal solid waste, that has been permitted by the department and was in operation on January 1, 2006;

(b) The combustion of no more than 10,000 tons per year of wood residue at any municipal waste combustor from November 15 through April 15 from facilities that process construction and demolition debris in a manner no less stringent than the requirements of the Environmental Protection Agency's Non-Hazardous Secondary Materials Rule, 40 C.F.R. section 241.4(a)(5) (Non-waste Determinations for Specific Non-Hazardous Secondary Materials When Used as a Fuel) dated February 8, 2016. No such combustion shall occur until the department adopts rules regarding fuel quality standards and test methods in accordance with RSA 125-C:6, XIV-a and the department has taken final action on a permit revision for the facility utilizing such fuel;

(c) The incidental combustion, under the supervision of a solid waste facility operator of untreated wood at any municipal transfer station subject to regulation under RSA 149-M; or

(d) The combustion of bio-oil or bio-synthetic gas produced from the wood component of construction and demolition debris using non-combustion thermal or chemical processes including, but not limited to, pyrolysis or gasification. The non-combustion thermal or chemical processes proposed shall be subject to the review requirements of this chapter, RSA 125-I, and the administrative rules of the air resources division of the department of environmental services. The wood derived from construction and demolition debris shall be processed in a manner no less stringent than the requirements referenced in subparagraph (b).

III. For purposes of this section, a municipal waste combustor shall have the same definition as RSA 125-M:2, XI, have a design capacity of at least 250 tons per day of municipal solid waste before January 1, 2016, be subject to regulation by this chapter or RSA 149-M, and have been in operation on January 1, 2016.


Source. 2007, 128:1, eff. Jan. 1, 2008. 2016, 319:18, eff. Aug. 23, 2016. 2018, 249:1, eff. Aug. 11, 2018.

    125-C:10-d Sulfur Limits of Certain Liquid Fuels. 

I. No person shall import into the state any of the following liquid fuels:

(a) No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight;

(b) No. 4 oil with a sulfur content greater than 0.25 percent by weight; or

(c) Nos. 5 or 6 oil, also referred to as residual oil, with a sulfur content greater than 0.5 percent by weight.

II. Beginning on February 1, 2019 and continuing thereafter, no person shall sell, offer for sale, supply, distribute for sale or use, except for fuel remaining in storage for a device not requiring a permit pursuant to RSA 125-C:11, any of the following liquid fuels:

(a) No. 2 oil, also referred to as distillate oil, with a sulfur content greater than 0.0015 percent by weight;

(b) No. 4 oil with a sulfur content greater than 0.25 percent by weight; or

(c) Nos. 5 or 6 oil, also referred to as residual oil, with a sulfur content greater than 0.5 percent by weight.

III. The commissioner may temporarily allow the use of non-conforming fuels with respect to paragraph II if there is a demonstrated need to do so based on an acute shortage of supply.


Source. 2016, 94:1, eff. July 1, 2018. 2018, 340:3, eff. July 1, 2018 at 12:01 a.m.

    125-C:10-e Requirements for Air Emissions of Per and Polyfluoroalkyl Substances Impacting Soil and Water. 

I. For the purposes of this section:

(a) "
Best available control technology
" means "best available control technology" as defined in RSA 125-C:10-b, I(a).

(b) "
Ambient groundwater quality standard
" means "ambient groundwater quality standard" as defined in RSA 485-C:2, I.

(c) "
Surface water quality standard
" means "surface water quality standard" established in or pursuant to RSA 485-A.

(d) "
PFAS
" means per and polyfluoroalkyl substances.

(e) "
Precursor
" means any substance that has been shown by sound science to be transformed into a PFAS under ambient conditions reasonably expected to occur in New Hampshire.

II. A device that emits to the air any PFAS or precursors that have caused or contributed to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any such PFAS or precursors from the air, shall be subject to the determination and application of best available control technology. Within 6 months of the department determining that the device is subject to such control technology, the owner of the device shall submit to the department an application for a permit. Within 12 months of permit issuance, the applicant shall complete construction and installation of controls consistent with the permit. Operation of the source may continue through the permitting, construction, and installation time period. A source which can demonstrate to the department that its device no longer contributes to an exceedance of an ambient groundwater quality standard or surface water quality standard shall be exempt from this section.

III. The construction, installation, or modification of any device that has the potential, based on an applicability threshold adopted by the department, to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard as a result of the deposition of any PFAS or precursors from the air, shall be prohibited without first applying for and obtaining a permit from the department that establishes emission limitations for such device based on best available control technology.

IV. Part of the initial application for a permit under this section shall include an analysis of best available control technology for controlling emissions. Any permit issued shall contain inspection, testing, and reporting requirements, as applicable, to ensure the conditions of the permit are met.

V. Any determination of best available control technology under this section shall be subject to the following:

(a) In no event shall application of best available control technology result in:

(1) Emission of any air contaminant that would exceed the emissions allowed by any applicable standard under RSA 125-C or RSA 125-I or rules adopted pursuant to either chapter.

(2) Emission of any air contaminant subject to this section in an amount disproportionate to the emissions of such air contaminant from other similar air pollution control devices for that air contaminant at facilities using similar technology.

(3) Emission of any air contaminant subject to this section which causes or contributes to or has the potential to cause or contribute to an exceedance of an ambient groundwater quality standard or surface water quality standard, as a result of the deposition of the contaminant from the air.

(b) If the department determines that the facility has more than one device that emits air contaminants subject to this section, the department shall determine best available control technology emission limitations for each such device.

VI. This section shall only pertain to PFAS for which at least one peer reviewed study has been conducted in accordance with generally accepted scientific principles that demonstrates that the PFAS of concern is known to cause or may reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such PFAS. The implementation of this section shall only rely upon standards that are based on federal maximum contaminant levels, health advisories, provisional health advisories, standards that are derived from federally published toxicological data, or more restrictive New Hampshire state standards.


Source. 2018, 368:2, eff. Sept. 8, 2018. 2021, 223:3, eff. Aug. 24, 2021.

    125-C:10 Devices Contributing to Air Pollution. 

I. No person shall install, construct, operate, or modify any device or non-Title V source which contributes to air pollution except as prescribed by this chapter.

II. No person shall construct, operate or modify an affected source which contributes to air pollution except as prescribed by this chapter.


Source. 1979, 359:2. 1993, 329:4. 1996, 278:4, eff. Aug. 9, 1996.

    125-C:11 Permit Required. 

I. The construction, installation, operation, or modification of any device or non-Title V source as defined under RSA 125-C:2, and as further defined by rules adopted by the commissioner shall be prohibited unless the source possesses a temporary permit or operating permit whether a permit-by-notification, general permit, or an individual operating permit issued by the commissioner. The commissioner may by rule exempt certain devices or non-Title V sources from the requirements of this section.

I-a. The construction, installation, operation, or modification of an affected source shall be prohibited unless the affected source possesses and complies with a temporary permit, general permit, or individual operating permit issued by the commissioner in accordance with the requirements of the Clean Air Act. The term of the general permit or permit to operate shall not exceed 5 years.

II. A temporary permit, which may contain conditions, shall be required prior to commencement of construction or installation of any new or modified device or non-Title V source except for those devices or non-Title V sources which are authorized to construct and operate pursuant to a permit-by-notification or a general permit. A temporary permit shall be in effect until it expires, an operating permit is issued, or until sooner revoked by the commissioner. Such permit shall contain the emission limits the device or non-Title V source is required to meet, and shall be issued by the commissioner upon a finding that the device or non-Title V source will meet such limits and will not result in a violation of any air quality standard or regulation in force under this chapter.

III. An individual operating permit, which may contain conditions, shall be issued with respect to a device or non-Title V source for which a temporary permit is in effect, upon a finding by the commissioner, following operational testing, where required, that the device or non-Title V source meets the applicable emission limits and that its operation will not result in a violation of any air quality standard or regulation in force under this chapter.

III-a. [Repealed.]

III-b. A general permit, which may contain certain conditions, may be issued with respect to a Title V source category if the commissioner finds that there is more than one stationary source, area source, or device in the same category and the stationary sources, area sources, or devices in that category are all subject to the same regulatory requirements.

III-c. The commissioner may adopt rules providing for a permit-by-notification with respect to a source category, provided that the commissioner finds that there is more than one device or non-Title V source in the source category, and that the devices or non-Title V sources in that category are all subject to the same regulatory requirements.

IV. A temporary permit, which may contain conditions, shall be required prior to commencement of construction or installation of any new or modified affected source, except for those affected sources which are authorized to be constructed pursuant to a general permit. The applicant shall be required to conduct preconstruction or premodification review procedures prior to commencement of construction of any new major stationary source, device, or modification to any existing major stationary source or device. Such procedures shall be sufficient to allow the commissioner to make determinations that the proposed construction or modification will not cause or contribute to a failure to attain or maintain any ambient air quality standard, significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance. Such preconstruction and premodification review requirements shall be no less stringent than, and shall require that no permit shall be issued for a source unless such source meets all the requirements for review and for obtaining a permit prescribed in the Clean Air Act.

V. The applicant for a permit to operate shall be required to conduct preconstruction or premodification review procedures prior to commencement of construction of any affected source. Such procedures shall be sufficient to allow the commissioner to make determinations that the proposed construction or modification will not cause or contribute to a failure to attain or maintain any ambient air quality standard, significant deterioration of air quality, or a violation of any applicable emission limitation or standard of performance. The applicant shall submit the required information to the commissioner prior to the commencement of construction or modification. Such preconstruction review and premodification review requirements shall be no less stringent than those prescribed in the Clean Air Act, 42 U.S.C. section 7401 et seq., as amended.


Source. 1979, 359:2. 1981, 332:4. 1986, 202:6, I(h). 1993, 329:5-8. 1995, 68:1, 4. 1996, 228:104; 278:11, 12. 2010, 183:2, eff. June 21, 2010.

    125-C:12 Administrative Requirements. 

I. Applications for permits shall be upon such forms, and shall include such information, as the commissioner requires under rules adopted pursuant to RSA 541-A in order to determine the nature of the air pollution potential for such device or non-Title V source.

II. The commissioner shall act upon a permit application within a reasonable period of time. Prior to such action, the commissioner shall provide notice of the application by publication in at least one newspaper of general circulation. The commissioner shall also provide an opportunity for a hearing to interested persons. The requirement of public notice and hearing shall not apply to such devices or sources that will have, in the opinion of the commissioner, an insignificant effect on air quality. The commissioner may adopt rules relative to the requirements of public notice and hearing for such devices or sources.

III. Any person aggrieved by a decision of the commissioner to grant in whole or in part, with or without conditions, or to deny a permit who wishes to appeal the decision shall proceed in accordance with RSA 21-O:14.

IV. As a condition of any permit or authorization required or any requested applicability determination, the commissioner may require payment of a fee to cover the reasonable costs of reviewing and acting upon the application for a permit.

IV-a. The applicant shall pay any cost or expense associated with public notices or notifications in the permit process.

IV-b. As a condition of any permit or authorization required, the commissioner may require payment of an annual emissions fee sufficient to cover the costs of implementing or enforcing the permit program authorized by this chapter including:

(a) The costs of reviewing and acting upon any permit renewal;

(b) Emissions and ambient monitoring, for those costs incurred under the permitting program;

(c) Preparing generally applicable rules or guidance;

(d) Modeling, monitoring, analyses, and compliance demonstrations;

(e) Preparing inventories and tracking emissions; and

(f) Inspections and enforcement.

IV-c. In lieu of the annual emissions fee specified in paragraph IV-b, as a condition of any permit or authorization required, the commissioner may require payment of a one-time fee sufficient to cover the costs of implementing or enforcing the permit program authorized by this chapter including the provisions specified in paragraph IV-b.

IV-d. The commissioner shall adopt rules relative to a fee schedule for applicants and the collection of fees under the schedule. All fees and monetary grants, gifts, donations, or interest generated by these funds shall be deposited with the state treasurer in a special nonlapsing fund to be known as the air resources fund and shall be continually appropriated to the department for the administration of this chapter.

V. Fees required to be collected from affected sources by the Clean Air Act
 as authorized under this section shall be deposited in the air resources fund, shall be accounted for separately, and shall be used by the commissioner for the establishment and operation of a statewide system of permitting for the construction, operation, or modification of any new or existing affected source.


Source. 1979, 359:2. 1981, 332:5. 1986, 202:6, I(h). 1991, 289:1. 1993, 329:9. 1995, 68:2. 1996, 228:104, 107; 278:13. 2010, 183:3. 2012, 246:6, eff. June 18, 2012.

    125-C:13 Criteria for Denial;  Suspension or Revocation;  Modification. 

I. The commissioner shall deny an application for any permit or authorization if, on the basis of evidence available to the commissioner, the commissioner determines:

(a) That the device or non-Title V source for which the permit or authorization is sought will result in a violation of any standard or rule in force under this chapter; or

(b) That the device or non-Title V source will contribute disproportionately to pollution of the air in comparison with other similar sources able to perform the same function that are currently available; or

(c) That the device or non-Title V source is located in a "clean air" area designated by state or federal rules or regulations and will or is reasonably likely to cause significant deterioration of the existing air quality in a part of the area.

II. The commissioner may suspend or revoke any permit or authorization issued hereunder if, following a hearing, the commissioner determines:

(a) That the permit holder or registrant has committed a violation of this chapter or any rule, order, or permit conditions in force and applicable to it; or

(b) That emissions from the device or non-Title V source to which the permit applies, alone or in conjunction with other sources of the same pollutants, presents an immediate danger to the public health.

III. The commissioner may order modification of any source of air pollution holding a valid permit issued under this chapter in the event that the commissioner determines, following a hearing:

(a) That the device or non-Title V source to which the permit applies fails to meet existing emission limits established by state or federal rule or regulation;

(b) That the device or non-Title V source is resulting or is reasonably likely to result in a violation of an air quality standard in force.

IV. The commissioner may terminate, modify, revoke, or reissue for cause any permit or authorization issued to an affected source prior to expiration of such permit consistent with the requirements of the Clean Air Act.


Source. 1979, 359:2. 1993, 329:10, 11. 1995, 68:3. 1996, 228:104; 278:14. 2010, 183:4, eff. June 21, 2010.

    125-C:14 Rehearings and Appeals. 

Administrative appeals from decisions of the commissioner made under the provisions of this chapter shall be heard by the air resources council under RSA 21-O:11, IV.


Source. 1979, 359:2. 1981, 332:6, 7. 1986, 202:12. 1996, 228:104, eff. July 1, 1996.

    125-C:15 Enforcement. 

I. Whenever the commissioner or the commissioner's authorized representative finds that any device, non-Title V source, affected source of air pollution, or any other source of air pollution has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, or any condition in a permit issued under this chapter, the commissioner shall issue a notice of violation and, where appropriate, an order of abatement establishing a compliance schedule with which the device, non-Title V source, affected source, or any other source shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying or abrogating the commissioner's order of abatement or any part thereof. The council's decision shall become final 10 days after it is issued. Upon a finding by the commissioner that there is an imminent and substantial endangerment to the public health or welfare or the environment, the commissioner shall issue an order of abatement requiring immediate compliance and said order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance, and the council may, after hearing, uphold, modify, or abrogate said order.

I-a. Whenever the commissioner or his authorized representative finds that a gasoline dispensing facility subject to Stage II vapor recovery system requirements has resulted in a violation of any provisions of this chapter or the rules in force hereunder, the commissioner or authorized representative shall issue a stop use order and compliance schedule with which the gasoline dispensing facility shall comply. Any stop use order shall become final and enforceable upon issuance, but may be appealed to the council within 10 days of its issuance and the council, after hearing, may uphold, modify, or abrogate such order.

I-b. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit, compliance schedule, stop use order, or order of abatement, issued pursuant to this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the general fund.

(a) Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

(b) The commissioner shall determine fines based on the following:

(1) For a minor deviation from a requirement causing minor potential for harm, the fine shall be not less than $100 and not more than $2,000.

(2) For a minor deviation from a requirement causing moderate potential for harm, the fine shall be not less than $601 and not more than $2,500.

(3) For a minor deviation from a requirement causing major potential for harm, the fine shall be not less than $851 and not more than $3,000.

(4) For a moderate deviation from a requirement causing minor potential for harm, the fine shall be not less than $601 and not more than $2,500.

(5) For a moderate deviation from a requirement causing moderate potential for harm, the fine shall be not less than $851 and not more than $3,000.

(6) For a moderate deviation from a requirement causing major potential for harm, the fine shall be not less than $1,251 and not more than $3,500.

(7) For a major deviation from a requirement causing minor potential for harm, the fine shall be not less than $851 and not more than $3,000.

(8) For a major deviation from a requirement causing moderate potential for harm, the fine shall be not less than $1,251 and not more than $3,500.

(9) For a major deviation from a requirement causing major potential for harm, the fine shall be not less than $1,501 and not more than $4,000.

(c) The commissioner may assess an additional fine for repeat violations.

(d) Each day of violation shall constitute a separate offense.

II. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more than $50,000 for each violation, and for each day of a continuing violation.

III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition of a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

IV. Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $50,000 if found guilty of any violation pursuant to RSA 125-C:15, III. Each day of violation shall constitute a separate offense.


Source. 1979, 359:2. 1981, 332:8. 1993, 329:12. 1996, 228:104; 247:11; 278:15. 1998, 146:1, 2, eff. June 8, 1998. 2019, 263:1, eff. Jan. 1, 2020.

    125-C:16 Variances. 

I. Upon application, and after a hearing, the commissioner may suspend the enforcement of the whole or any part of this chapter or of any rule adopted hereunder in the case of any person who shall show that the enforcement thereof would produce serious economic hardship on such person without equal or greater benefits to the public.

II. In determining under what conditions and to what extent the variance may be granted, the commissioner shall give due recognition to the progress which the person requesting such variance shall have made in eliminating or preventing air pollution; the character and degree of injury to, or interference with, the health and physical property of the people; and the social and economic value of the source of air pollution. In such cases, the commissioner shall consider the reasonableness of granting a variance conditioned on the person's effecting a partial abatement of pollution or a progressive abatement thereof or such other circumstances as the commissioner may deem reasonable. No variance shall be granted to any person applying therefor who is causing air pollution which creates a danger to public health, welfare or safety.

III. Any variance granted hereunder shall be granted for such period of time, not exceeding one year, as the commissioner shall specify. No variance shall be construed to relieve the person receiving it from any liability imposed by law for the commission or maintenance of a nuisance.


Source. 1979, 359:2. 1986, 202:6, I(h). 1996, 228:104, eff. July 1, 1996.

    125-C:17 Repealed by 1993, 329:14, eff. June 24, 1993. 

    125-C:18 Existing Remedies Unimpaired. 

No existing civil or criminal remedy for any wrongful action which is a violation of any code or rule adopted hereunder shall be excluded or impaired by this chapter.


Source. 1979, 359:2, eff. July 1, 1979.

    125-C:19-a Recovery of Public Utility Expenditures. 

All costs and expenses directly incurred by electric generating facilities for pollution reductions that are a component of, or are required in connection with, any vehicle inspection and maintenance program adopted by the state of New Hampshire and approved by the federal Environmental Protection Agency, or substitute for such program, shall be recoverable to the same extent and subject to the same conditions as any environmental expenditure mandated by law, and shall be recoverable through the fuel and purchased power adjustment clause or any succeeding cost recovery mechanism.


Source. 1998, 207:1, eff. June 18, 1998.

    125-C:19 Protection of Powers. 

The powers and functions vested in the commissioner under the provisions of this chapter shall not be construed to affect in any manner the powers, duties and functions vested in the department of health and human services under any other provision of law.


Source. 1979, 359:2. 1983, 291:1, I. 1986, 202:6, I(h). 1995, 310:181. 1996, 228:104, eff. July 1, 1996.

    125-C:2 Definitions. 

Terms used in this chapter shall be construed as follows unless a different meaning is clearly apparent from the language or context:

I. [Omitted.]

I-a. "Affected source," any stationary source, the construction, installation, operation, and modification of which is subject to Title V, Clean Air Act, 42 U.S.C. 7401 et seq., as amended.

II. "Air contaminant," soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any combination thereof.

III. "Air pollution," the presence in the outdoor atmosphere of one or more contaminants or any combination thereof in sufficient quantities and of such characteristics and duration as are or are likely to be injurious to public welfare, to the health of human, plant, or animal life, or cause damage to property or create a disagreeable or unnatural odor or obscure visibility or which unreasonably interfere with the enjoyment of life and property.

III-a. "
Biomass
" means organic matter used as a fuel, not including wood derived from construction and demolition debris, as defined in RSA 149-M:4, IV-a; wood which has been chemically treated; or agricultural crops or aquatic plants or byproducts from such crops or plants, which have been used to rehabilitate a contaminated or brownfields site through a process known as "phytoremediation."

IV. "Clean Air Act," the Clean Air Act, 42 U.S.C. 7401, and amendments thereto amending 42 U.S.C. 1857 et seq.

V. [Omitted.]

V-a. "Commissioner," the commissioner of the department of environmental services.

V-b. "Department," the department of environmental services.

V-c. "Consumer products," any substance, product (including paints, coatings, and solvents), or article (including any container or packaging) held by any person, the use, consumption, storage, disposal, destruction, or decomposition of which may result in the release of air contaminants.

VI. "Device which contributes to air pollution," any burner, furnace, machine, equipment or article which, in the opinion of the commissioner, contributes or may contribute to the pollution of the air.

VI-a. "
Dioxin
" means a group of chemical compounds that share certain similar chemical structures and mode-of-action biological characteristics, including a total of 17 dioxin-like compounds that are members of 2 closely related families: chlorinated dibenzo-p-dioxins (CDDs) and chlorinated dibenzofurans (CDFs).

VII. [Repealed.]

VII-a. "
Eligible biomass fuel
" means fuel sources including biomass or neat biodiesel, as defined in RSA 362-A:1-a, I-b, and other neat liquid fuels that are derived from biomass.

VIII. "Emission," a release into the outdoor atmosphere of air contaminants.

VIII-a. "Hearing," the opportunity for the submission of either written or oral comments, or the submission of both written and oral comments.

VIII-b. "Major deviation from requirement" means the violator deviated from a requirement of a statute or rule to such an extent that there is substantial non-compliance.

VIII-c. "Major potential for harm" means a substantial likelihood of causing unhealthful air quality.

IX. [Repealed.]

IX-a. "Non-Title V Source," any stationary source other than an affected source which, in the opinion of the commissioner, contributes or may contribute to the pollution of the air.

IX-b. "Minor deviation from requirement" means the violator deviated partially from a requirement of a statute or rule such that most of the requirement was met.

IX-c. "Minor potential for harm" means a small likelihood of causing unhealthful air quality.

IX-d. "Moderate deviation from requirement" means the violator significantly deviated from a requirement of a statute or rule but some requirements were implemented as intended, such that approximately half the requirements were met.

IX-e. "Moderate potential for harm" means a moderate likelihood of causing unhealthful air quality.

IX-f. "
Particulate matter
" means any material, including lead, but not uncombined water, which is or has been suspended in air or other gases and which exists in a finely divided form as a liquid or solid at standard conditions.

X. "Person," any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.

X-a. "Repeat violation" means a subsequent violation of a statute or rule at a facility or by a person for which a letter of deficiency, administrative order, or administrative fine has previously been issued by the department.

XI. "Stationary source," any building, structure, facility, or installation which emits or which may emit any regulated air pollutant.


Source. 1979, 359:2. 1981, 332:1, 2. 1986, 202:6, I(h). 1993, 329:2, 3. 1996, 228:18, 105, 113, IV; 247:1, 2, 10; 278:10. 2001, 293:4. 2005, 173:1, 2. 2008, 113:1, 2. 2010, 183:1, 5, eff. June 21, 2010.

    125-C:20 Exemption;  Steam Locomotives and Engines. 

The provisions of this chapter shall not apply to any steam locomotives and engines or replacements thereof used in connection with the operation of a railroad or railway which were in operation or on order prior to January 1, 1973, and are located entirely within the state; provided that this exemption shall not apply to any stationary steam engine.


Source. 1979, 359:2, eff. July 1, 1979.

    125-C:21 Severability. 

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application; and, to this end, the provisions of this chapter are severable.


Source. 1981, 332:9, eff. Aug. 16, 1981.

    125-C:3 Repealed by 1986, 202:29, II, eff. Jan. 2, 1987. 

    125-C:4 Rulemaking Authority;  Subpoena Power. 

I. The commissioner shall adopt rules under RSA 541-A, relative to:

(a) The prevention, control, abatement, and limitation of air pollution, including, but not limited to, open air source pollution, mobile source pollution, and stationary source pollution.

(b) Primary and secondary ambient air quality standards.

(c) Procedures to meet air pollution emergencies, as authorized by RSA 125-C:9.

(d) The establishment and operation of a statewide permit system, as authorized by RSA 125-C:6, XIV, RSA 125-C:11, I and RSA 125-C:11, I-a.

(e) Devices, in addition to those devices defined under RSA 125-C:2, subject to the permit requirements of RSA 125-C:11, as authorized by RSA 125-C:11, II.

(f) The exemption of certain devices and non-Title V sources from the permit requirements of RSA 125-C:11, I and the conformance of exempted devices to established standards, as authorized by RSA 125-C:11, I.

(g) The forms and information required on applications for temporary and permanent permits required under RSA 125-C:11, as authorized by RSA 125-C:12, I.

(h) Notification of and public hearing on permit applications, including exemptions from those requirements, as authorized by RSA 125-C:12, II.

(i) Fees for permit application and review, as authorized by RSA 125-C:12, IV-d.

(j) Procedures for permit application review, as authorized by RSA 125-C:11, IV, and criteria for permit denial, suspension or revocation, as authorized by RSA 125-C:13.

(k) Procedures for air testing and monitoring and recordkeeping, as authorized by RSA 125-C:6, XI.

(l) Procedures for receiving violation complaints and for rules enforcement, as authorized by RSA 125-C:15, I.

(m) Procedures for granting variances, as authorized by RSA 125-C:16.

(n) The manufacture, use, or sale of consumer products for purposes of implementing RSA 485:16-c.

(o) Applicability thresholds for emissions of particulate matter, mercury, and dioxin as provided in RSA 125-C:10-b, VII(f).

(p) The duration of time during which no additional best available control technology determination is required as provided in RSA 125-C:10-b, IV and VI.

(q) Procedures for establishing standards for and certification of any material, that is not an exempt fuel, to be combusted in a device at an affected source subject to RSA 125-C:10-b.

(r) Standards and testing requirements for biomass and eligible biomass fuel as authorized by RSA 125-C:6, XIV-a.

(s) The recordkeeping, reporting, certification requirements, and test methods to be used to demonstrate compliance with RSA 125-C:10-d.

(t) The determination of air contaminants subject to regulation, applicability thresholds, determination of best available control technology, and procedures to determine potential impacts of the deposit of such contaminants from the air on soils or water resources to implement RSA 125-C:10-e.

I-a. In adopting rules under paragraph I, the department may incorporate by reference standards issued by the California air resources board relative to certification and testing of vapor recovery equipment.

I-b. In adopting rules under subparagraph I(n), the department may incorporate by reference other state test methods and procedures that are referenced in the model rules of the Ozone Transport Commission (OTC) concerning consumer products, as defined in RSA 125-C:2, V-c.

II. The commissioner is authorized to issue subpoenas requiring the attendance of such witnesses and the production of such evidence and to administer such oaths and to take such testimony as he may deem necessary.


Source. 1979, 359:2. 1986, 202:8. 1996, 228:19, 104; 278:2, 3. 2001, 293:5. 2003, 137:3. 2004, 175:2. 2005, 173:3. 2008, 113:3. 2010, 183:6, eff. June 21, 2010. 2016, 94:2, eff. July 1, 2018. 2018, 368:1, eff. Sept. 8, 2018.

    125-C:5 Repealed by 1986, 202:29, III, eff. Jan. 2, 1987. 

    125-C:6-a Enhanced Environmental Performance Agreements. 

I. It is the purpose of this section to create a voluntary pilot program by which the commissioner of environmental services may enter into enhanced environmental performance agreements (EEPAs) with persons regulated under this chapter to implement innovative environmental measures not otherwise recognized or allowed under existing laws and rules of this state, if those measures achieve emissions reductions or reductions in discharges or wastes which equal or exceed those required under applicable statutes and rules, and to test innovative strategies for achieving enhanced environmental results. Approaches embodied in EEPAs should typically represent, favor, or promote pollution prevention, source reduction, environmental innovation, and transferability to other applicable entities, without increasing the overall level of pollution emitted directly or indirectly to the air, water, and land.

II. After notice and opportunity for public comment and hearing, the commissioner may enter into enhanced environmental performance agreements with any person regulated under any or all of RSA 125-C, RSA 125-D, RSA 125-I, or RSA 125-J to implement innovative environmental measures that relate to provisions of these chapters, even if one or more of the terms of such an agreement would be inconsistent with an otherwise applicable statute or rule of this state. Participation in this program is limited to those persons who have submitted an enhanced environmental performance agreement that is acceptable to the commissioner. A decision by the commissioner to not enter into an agreement with any person is not appealable.

III. An enhanced environmental performance agreement shall operate in lieu of existing permits identified in the agreement. Any environmental statute, regulation, or condition in an existing permit that differs from a term or condition in an agreement shall cease to apply from the effective date of an initial or renewed agreement until the agreement is terminated or expires.

IV. Persons applying to the commissioner for enhanced environmental performance agreements shall, at a minimum:

(a) Submit a description of how the proposal is consistent with the purpose of this section and federal guidelines, and a comprehensive description of the proposed EEPA which includes the nature of the facility, the operations which will be affected, how such operations will be altered to achieve superior emissions reductions, and the extent of emissions reduction anticipated.

(b) Include in EEPA proposals the following, without limitation:

(1) Identification of all state and federal statutes, rules and regulations applicable to the source.

(2) Identification of all statutes, rules and regulations that are inconsistent with one or more terms of the proposed agreement.

(3) A statement describing how the proposed agreement will achieve the purposes of this section.

(4) A statement describing the implementation of the proposed agreement, including a list of steps and schedule. Implementation of the proposed agreement shall not increase overall worker safety risks or create undue risk burdens on others.

(5) Identification of those members of the general public, representatives of local communities, environmental groups, and other appropriate parties who have participated in the development of the proposed agreement or who have an interest in the agreement.

(6) Identification of how the applicant will demonstrate ongoing satisfaction of the requirements of the agreement, including but not limited to, mechanisms for performance assurance and the type of performance guarantees to be provided, which guarantees shall be directly related to the complexity of, and risk associated with, the proposal.

(7) A description of and plan for public participation in the EEPA.

(8) A schedule for review by the commissioner of the performance of the proposed EEPA.

(9) Provisions for voluntary and involuntary termination of the agreement.

V. Without limiting the commissioner's authority under this section to specify additional criteria, the commissioner may adopt rules, under RSA 541-A, specifying criteria for acceptance of proposed enhanced environmental performance agreements.

VI. In the event of deficient performance of any term or condition in the agreement, the commissioner may, with written notice, terminate any agreement, and the participant shall then be subject to enforcement under the applicable chapter. The commissioner's decision to terminate an agreement is not appealable. If an agreement is terminated, the participant shall have 30 days to apply for any necessary permits concerning operations that were in effect during the course of the agreement.

VII. Nothing in this section shall limit the authority or the ability of the attorney general to initiate enforcement action against a person for violation of any laws of this state or rules adopted under such laws, except that an enhanced environmental performance agreement shall be deemed to be a permit to engage in activities authorized under the agreement.

VIII. Nothing in this section shall reduce, eliminate, or in any way affect any fees that a participant in this program may be required to pay under any federal or state law. Applicants for participation in the enhanced environmental performance agreements program shall pay all costs associated with public notice and hearings.


Source. 1996, 230:1. 1998, 229:2, eff. Aug. 23, 1998.

    125-C:6 Powers and Duties of the Commissioner. 

In addition to the other powers and duties granted herein, the commissioner shall have and may exercise the following powers and duties:

I. Exercising general supervision of the administration and enforcement of this chapter and all rules adopted and orders promulgated under it;

II. Developing a comprehensive program and provide services for the study, prevention, and abatement of air pollution;

III. Conducting and encouraging studies relating to air quality;

IV. Collecting and disseminating the results of studies relating to air quality;

V. Advising, consulting, and cooperating with the cities and towns and other agencies of the state, federal government, interstate agencies, and other affected agencies or groups in matters relating to air quality;

VI. Encouraging local units to promote cooperation by the people, political subdivisions, industries, and others in preventing and controlling air pollution in the state;

VI-a. Encouraging the recycling of waste oil by allowing qualified marketers to sell, and qualified facilities to burn, a mixture that consists of at least 90 percent virgin no. 6 oil and the remainder complying with the used fuel oil specifications in 40 CFR, section 279.11, table 1;

VII. Entering at all reasonable times in or upon any private or public property, except private residences, for the purpose of inspecting or investigating any condition which is believed to be either an air pollution source or in violation of any of the rules or orders promulgated hereunder. Any information, other than emission data, relating to secret processes or methods of manufacture or production obtained in the course of such inspection or investigation shall not be disclosed by the commissioner without permission of the person whose source is inspected or investigated;

VIII. Accepting, receiving, and administering grants or other funds or gifts for the purpose of carrying out any of the functions of this chapter, including such monies given under any federal law to the state for air quality control activities, surveys, or programs;

IX. Consulting the air resources council established by RSA 21-O:11 on the policies and plans for the control and prevention of air pollution;

X. Exercising all incidental powers necessary to carry out the purposes of this chapter;

XI. Conducting emission tests and requiring owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the commissioner on the nature and amounts of emissions from such stationary sources. The commissioner shall have the authority to make such data available to the public and as correlated with any applicable emission standards;

XII. Carrying out a program of inspection and testing of all modes of transportation, to enforce compliance with applicable emission standards when necessary and practicable and to control or limit the operation of motor vehicular and other modes of transportation when in the opinion of the commissioner such modes of transportation are producing or pose an imminent danger of producing levels of air pollutants that will result in a violation of an ambient air quality standard, or that will result in a significant deterioration, as defined in applicable federal regulations, of existing air quality in an area classified as a "clean air" area by state or federal regulations;

XIII. Coordinating and regulating the air pollution control programs of political subdivisions of the state and entering agreements with said subdivisions to plan or implement programs for the control and abatement of air pollution;

XIV. Establishing and operating a statewide system under which permits shall be required for the construction, installation, operation, or modification of air pollution devices and sources, which system shall be established pursuant to RSA 125-C:11 and the sections which follow. The authority vested in the commissioner by this section shall include the power to delay or prevent any construction, modification, or operation of said air pollution sources and modifications which, in the opinion of the commissioner, would cause the ambient air pollution level in the locality of such construction, modification, or operation to exceed limits for ambient concentrations established by the New Hampshire state implementation plan adopted pursuant to the Clean Air Act 
 as amended, or which construction, modification, or operation would, in the opinion of the commissioner, violate any provision of any land use plan established by the New Hampshire state implementation plan;

XIV-a. Establishing fuel quality standards and testing requirements for biomass other than round wood and wood chips derived from round wood or waste wood such as limbs, branches, brush, slash, bark, stumps, sawdust, saw mill trimmings, clean pallets, and untreated wood scraps from furniture and other manufacture and eligible biomass fuel related to the combustion of such materials at stationary sources, and clean processed wood residue for use in accordance with RSA 125-C:10-c, II(b). The commissioner may establish such standards as necessary to maintain statewide compliance with Clean Air Act 
 standards and RSA 125-I.

XV. Implementing a program of prevention of significant deterioration of ambient air quality by establishing air quality increments limiting the maximum allowable increases in the amounts of air pollutants provided such increments are not less stringent than those specified in the Clean Air Act 
 and amendments thereto, and in regulations promulgated thereunder;

XVI. Establishing an air quality monitoring equipment replacement program to provide for sufficient annual replacement to meet federal Environmental Protection Agency guidelines and to assure the reliability and accuracy of the network equipment.

XVII. Implementing a program to control the emissions of air contaminants from consumer products for purposes of RSA 485:16-c, by establishing limits on the manufacture, use, or sale of such products, provided that such limits are not less stringent than those established under the Clean Air Act 
 and amendments thereto, and in regulations promulgated under the Clean Air Act.


Source. 1979, 359:2. 1981, 332:3. 1986, 202:6, I(h), 9, 10. 1988, 277:1. 1995, 192:1. 1996, 228:104. 2001, 293:6. 2008, 113:4. 2010, 183:8, eff. June 21, 2010. 2016, 319:19, eff. Aug. 23, 2016.

    125-C:7 Repealed by 1986, 202:29, IV, eff. Jan. 2, 1987. 

    125-C:8 Administration of Chapter;  Delegation of Duties. 

The commissioner shall be responsible for the implementation of this chapter and any rule adopted hereunder and may delegate to a subordinate or subordinates any and all duties vested in him, except rulemaking authority.


Source. 1979, 359:2. 1986, 202:11. 1996, 228:104, eff. July 1, 1996.

    125-C:9 Authority of the Commissioner in Cases of Emergency. 

Whenever the commissioner finds that an air pollution emergency exists requiring immediate action to protect the public health, welfare, or safety, he may with consent of the governor and council issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such an order is directed shall comply therewith. The commissioner shall rescind or abate such order as soon as the emergency ceases to exist.


Source. 1979, 359:2. 1996, 228:104, eff. July 1, 1996.

    125-D:1 Purpose. 

I. The general court hereby finds that acid deposition of sulfur and nitrogen containing compounds, commonly referred to as "acid rain," is occurring in the state of New Hampshire. The general court further finds that acid rain poses a significant adverse threat to the state's public health and welfare and to the natural environment by degrading natural ecosystems, including fish and wildlife. In addition, increasing evidence suggests that acid rain affects the New Hampshire economy by reducing the growth rate and productivity of the state's forest resources.

II. The general court also finds that although the major emission sources of acid rain precursors are located in the midwestern United States, sources within the state of New Hampshire also contribute to acid deposition in New Hampshire and in our neighboring states of Maine and Massachusetts. Therefore, it is incumbent upon the people of New Hampshire to take the initiative to reduce their share of the deposition to reasonable levels.

III. The general court acknowledges that the New England governors in May of 1984 endorsed as an interim measure the implementation of a sulfur dioxide emission cap in each New England state for both the industrial and utility sectors of the economy.

IV, V. [Repealed.]


Source. 1985, 328:1. 1993, 118:2, eff. July 16, 1993.

    125-D:2 Definitions. 

I. "Acid deposition" means that wet or dry deposition from the atmosphere of chemical compounds, usually in the form of rain or snow, having the potential to form an aqueous compound with a pH level lower than the level considered normal under natural conditions.

I-a. "Department" means the department of environmental services.

II. "Commissioner" means the commissioner of the department of environmental services.

III. "Baseline emissions" means the total sulfur dioxide emissions in tons per calendar year averaged over the period 1979 through 1982 from all major sources.

IV. "Governor" means the governor of the state of New Hampshire.

V. "Major source" means a facility or plant which emits 100 tons or more per year of a pollutant.

VI. "Emission rate" means the pounds of sulfur dioxide emitted per million BTU input.

VII. "Average emission rate" means the weighted average on a BTU input basis of the emission rates of a major source, all major sources under a single ownership, or some other specified group of major sources during any calendar year.

VIII. "Baseline average emission rate" means the weighted average on a BTU input basis of the emissions rates of a specified group of major sources over the period 1979 through 1982.

IX. "Maximum total heat input capacity" means the designed gross heat input capacity of a major source in millions of BTU per hour.

X. "Average annual emissions" means the total sulfur dioxide emissions in tons per calendar year averaged over any consecutive 4-year period from a specified group of major sources.

XI. "Annual emissions" means the sulfur dioxide emissions from a major source in tons during any calendar year.


Source. 1985, 328:1. 1986, 202:6, I(h). 1990, 172:1-4. 1996, 228:20, eff. July 1, 1996.

    125-D:3 Acid Deposition Control Program. 

I. The department shall develop an acid deposition control program which shall achieve a 25 percent reduction of sulfur dioxide from the baseline emissions by December 31, 1991. The program shall include the following requirements:

(a) All major sources of sulfur dioxide in operation during the baseline period shall be divided into 2 groups:

(1) Sources with a maximum total heat input capacity equal to or greater than 1,000 MBTU/HR; or

(2) Sources with a maximum total heat input capacity less than 1,000 MBTU/HR.

(b) For the calendar year ending December 31, 1991, and for each year thereafter, except as provided by subparagraph I(f), each major source specified in subparagraph I(a)(1) shall have annual emissions which are 25 percent less than its portion of the baseline emissions.

(c) Beginning with the 4-year period 1988-1991 and each consecutive 4-year period thereafter, the major sources specified in subparagraph I(a)(2) shall have average annual emissions which are 25 percent less than their portion of the baseline emissions.

(d) Failure to comply with either subparagraph I(b) or I(c) shall be addressed solely within the heat input capacity group to which each of the subparagraphs applies.

(e) For the calendar year ending December 31, 1991, and each year thereafter, except as provided by subparagraph I(f) each major source specified in subparagraph I(a)(2) shall have an average emission rate which is 25 percent less than the baseline average emission rate determined for this heat input capacity group.

(f) For 2 or more major sources under a single ownership, alternatives to compliance with subparagraphs I(b) and I(e) are as follows:

(1) With regard to subparagraph I(b), the annual emissions of all major sources under single ownership may be combined to demonstrate that their total annual emissions are 25 percent less than their total portion of the baseline emissions; and

(2) With regard to subparagraph I(e), the emission rates of all major sources under single ownership may be averaged on a BTU input basis to demonstrate compliance with the required average emission rate.

II. In implementing the program established in paragraph I, the commissioner shall:

(a) Prepare an emissions and heat input capacity inventory for major sources of sulfur dioxide during the baseline period 1979 through 1982 with the emission inventory to include a determination of the baseline emissions and the baseline average emission rate for the major sources specified in subparagraph I(a)(2).

(b) Adopt rules, pursuant to RSA 541-A, which shall establish a process for monitoring compliance with subparagraph I(c). The process shall include a determination of average annual emissions, an analysis of trends and causal factors, and a forecast of future emissions. If the commissioner determines that such emissions are 95 percent or more of the emission limit, the commissioner shall submit a report to the governor, the president of the senate and the speaker of the house recommending proposed legislation to protect the emission limit.

(c) Adopt rules, pursuant to RSA 541-A, which shall provide credit for reductions in total emissions or emission rates made during the baseline period when such reductions result from verifiable energy efficiency or fuel switching programs.


Source. 1985, 328:1. 1986, 202:6, I(h). 1990, 172:5. 1993, 118:1. 1996, 228:21, 110, eff. July 1, 1996.

    125-D:4 Administrative Fines. 

The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit or order issued pursuant to this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this section shall be deposited in the general fund.

I. Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

II. The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b) and (d).

III. The commissioner may assess an additional fine for repeat violations.


Source. 1996, 247:12, eff. Jan. 1, 1997. 2019, 263:2, eff. Jan. 1, 2020.

    125-D:5 Enforcement. 

I. Whenever the commissioner or the commissioner's authorized representative finds that any major source of sulfur dioxide has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, the commissioner shall issue a notice of violation and, where appropriate, an order of abatement establishing a compliance schedule with which the major source of sulfur dioxide shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying, or abrogating the commissioner's order of abatement or any part thereof. The council's decision shall become final 10 days after it is issued. Upon a finding by the commissioner that there is an imminent and substantial endangerment to the public health or welfare or the environment, the commissioner shall issue an order of abatement requiring immediate compliance and the order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance, and the council may, after hearing, uphold, modify, or abrogate such order.

II. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more than $25,000 for each violation, and for each day of a continuing violation.

III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

IV. Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to RSA 125-D:5, III. Each day of violation shall constitute a separate offense.


Source. 1998, 146:3, eff. June 8, 1998.

    125-D:6 Variances. 

I. Upon application, and after a hearing, the commissioner may suspend the enforcement of the whole or any part of this chapter or of any rule adopted hereunder in the case of any person who shall show that the enforcement thereof would produce serious economic hardship on such person without equal or greater benefits to the public.

II. In determining under what conditions and to what extent the variance may be granted, the commissioner shall give due recognition to the progress which the person requesting such variance shall have made in eliminating or preventing emissions sources of acid depositions; the character and degree of injury to, or interference with, the health and physical property of the people; and the social and economic value of the source of emissions. In such cases, the commissioner shall consider the reasonableness of granting a variance conditioned on the person's effecting a partial abatement of emissions or a progressive abatement thereof or such other circumstances as the commissioner may deem reasonable. No variance shall be granted to any person applying therefor who is causing air pollution which creates a danger to public health, welfare, or safety.

III. Any variance granted under this section shall be granted for such period of time, not exceeding one year, as the commissioner shall specify. No variance shall be construed to relieve the person receiving it from any liability imposed by law for the commission or maintenance of a nuisance.


Source. 1998, 146:3, eff. June 8, 1998.

    125-F:1 Policy. 

It is hereby declared to be the public policy of the state of New Hampshire:

I. To prohibit the mining or milling of uranium, thorium, or other source material within the state of New Hampshire. In this section, milling means any processing of ore including underground solution extraction of unmined ore;

II. To institute and maintain a regulatory program for sources of radiation to provide (a) compatibility and consistency with the standards and regulation within the state, and (b) a system consonant insofar as possible with those of other states; and

III. To institute and maintain a regulatory program to permit development and utilization of sources of radiation for peaceful purposes, consistent with the health and safety of the public.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:10 Authority of the Commissioner in Cases of Emergency. 

Whenever the commissioner finds that an emergency exists requiring immediate action to protect the public health or welfare, he may issue an order reciting the existence of such an emergency and requiring that such action be taken as necessary to meet the emergency. Such order shall be effective immediately. Any person to whom such order is directed shall comply with the order immediately, but on application to the commissioner of the department of health and human services, shall be afforded a hearing within 15 days. On the basis of such hearing, the commissioner of the department of health and human services shall continue such order in effect, revoke it, or modify it.


Source. 1986, 169:1. 1995, 310:182, 183, eff. Nov. 1, 1995.

    125-F:11 Surety Requirement. 

I. For licensed activities involving low-level radioactive waste, the department through its program shall, and for other classes of licensed activity, the department, through its program, may adopt by rule standards and procedures to ensure that the licensees shall provide an adequate surety or other financial arrangement to permit the completion of all requirements established by the department through its program for the decontamination, decommissioning, closure, and reclamation of sites, structures, and equipment used in conjunction with such licensed activity.

II. All sureties under paragraph I which are forfeited shall be paid to the department for deposit by the state treasurer in the radiation long-term care fund, established by RSA 6:12, I(b)(20). All moneys in this fund are hereby continually appropriated and may be expended by the department as necessary to complete such requirements on which licensees have defaulted. Moneys in the fund shall not be used for normal operating expenses of the program or any other component of the department.

III. For licensed activities which will require surveillance or control after the licensed activity ceases, the department, through its program, shall adopt by rule, standards and procedures to ensure that the licensee, before termination of the license, shall make available such funding arrangements as necessary to provide for long-term site surveillance and control.

IV. All funds collected from licensees under paragraph III shall be paid to the department for deposit by the state treasurer in the radiation long-term care fund, established by RSA 6:12, I(b)(20). All funds accrued as interest on moneys deposited in this fund are hereby continually appropriated and may be expended by the department for the continuing long-term surveillance, maintenance and other care of facilities from which such funds are collected as necessary for the protection of the public health, safety, and environment. Notwithstanding the provisions of this paragraph, if title to and custody of any radioactive material and its disposal site are transferred to the United States upon termination of any license but for which funds had been collected for such long-term care, the collected funds and interest accrued thereon shall be transferred to the United States; provided, however, that such funds do not include moneys held in surety where no default has occurred and a reclamation for other bonded activity has been performed.

V. The sureties or financial arrangements and funds required by paragraphs I and III shall be established in amounts sufficient to ensure compliance with standards, if any, established by the United States Nuclear Regulatory Commission or successor thereto pertaining to reclamation and long-term site surveillance and control of such facilities and sites.

VI. In order to provide for the proper care and surveillance of sites subject to paragraph III, the state may acquire by gift or transfer from another government agency or private person, any land or appurtenances necessary to fulfill the purposes of this section. Any such gift or transfer is subject to approval and acceptance by the state in accordance with RSA 4:8.

VII. All lands, buildings, and ground acquired by the state under paragraph VI shall be owned in fee simple absolute by the state and dedicated in perpetuity to the purpose of this section. All radioactive material received at the site and located therein, at the time of acquisition of ownership by the state or thereafter, shall become the property of the state.

VIII. The department, through its program, may enter into contracts, agreements, leases, or licenses with any person, including another state agency, to provide for the decontamination, decommissioning, reclamation, surveillance, or other care of a site subject to this section, as necessary to carry out the purposes of this section.

IX. If a person licensed by any state or federal agency other than by the program desires to transfer a site to the state in accordance with RSA 4:8 for the purpose of administering or providing perpetual care, a lump sum deposit shall be made to the radiation long-term care fund. The amount of the deposit shall be determined by the program, taking into account the factors stated in paragraphs III and V of this section.


Source. 1986, 169:1. 1995, 310:175. 2003, 174:2, 3, eff. July 1, 2003.

    125-F:12 Inspection and Right of Entry. 

The program, or its duly authorized representatives, shall have the power to enter at all reasonable times upon any private or public property to determine whether there is compliance with the provisions of this chapter and the rules adopted thereunder, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its duly designated representative.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:13 Records. 

I. The program shall require each person who manufactures, possesses, distributes, sells, installs, repairs, or uses a source of radiation to maintain records relative to its receipt, storage, transfer, or disposal, and such other records as the program may require subject to exemptions as provided by rules.

II. The program shall require each person who possesses or uses a source of ionizing radiation to maintain appropriate records showing the radiation exposure of all individuals for whom personnel monitoring is required by rules of the program. Copies of these records and those required by paragraph I shall be submitted to the program on request. Any person possessing or using a source of ionizing radiation shall furnish to each employee for whom personnel monitoring is required, a copy of such employee's personnel exposure record annually, at any time such employee has received excessive exposure, and upon termination of employment.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:14 Federal-State Agreements. 

I. The governor and council, on behalf of this state, are authorized to enter into agreements with the United States Nuclear Regulatory Commission or any successor thereto, pursuant to section 274(b)
 of the Atomic Energy Act of 1954, as amended, providing for discontinuance of certain of the commission's licensing and related regulatory authority with respect to byproduct, source, and special nuclear materials and the assumption of regulatory authority by this state.

II. Any person who, on the effective date of an agreement under paragraph I, possesses a license issued by the United States Nuclear Regulatory Commission or any successor thereto for radioactive material subject to the agreement, shall be deemed to possess a like license issued under this chapter, which shall expire either 90 days after receipt from the program of a notice of expiration of such license, or on the date of expiration specified in the Nuclear Regulatory Commission license, whichever is earlier.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:15 Inspection Agreements and Training Programs. 

In addition to any other contract authority, the department, through its program, is authorized to enter into an agreement or agreements with the federal government pursuant to section 274(i) 
 of the Atomic Energy Act of 1954, as amended, other states, or interstate agencies relative to inspections or other functions relative to control of sources of radiation. The program may institute training programs for the purpose of qualifying the provisions of this chapter and may make such personnel available for participation in any program or programs of the federal government, other states, or interstate agencies in furtherance of the purposes of this chapter.


Source. 1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.

    125-F:16 Conflicting Laws. 

This chapter shall not be construed as repealing any laws of the state relating to radiation sources, exposures, radiation protection, and professional licensure, but shall be held and construed as auxiliary and supplementary to them, except to the extent that they are in direct conflict, in which case this chapter shall be controlling. Nothing in this chapter or in any rules adopted under it shall preclude the right of any governing body of a municipality to adopt ordinances, regulations, or rules not inconsistent with this chapter.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:17 Administrative Procedure. 

Procedures for action by the department through its program on license applications, action against licensees, and availability of adjudication proceedings shall be in accordance with RSA 541-A.


Source. 1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.

    125-F:18 Injunctive Relief. 

A civil action may be instituted in superior court on behalf of the department for injunctive relief to prevent the violation of the provisions of this chapter or rules adopted hereunder. The court may proceed in the action in a summary manner or otherwise and may restrain in all such cases any person in violation of any provisions of this chapter or its rules.


Source. 1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.

    125-F:19 Prohibited Uses. 

It shall be unlawful for any person to use, manufacture, or produce, distribute, sell, transport, transfer, install, repair, receive, acquire, own or possess any source of radiation unless licensed by or registered with the department in conformance with rules, if any, adopted in accordance with this chapter.


Source. 1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.

    125-F:2 Purpose. 

The purpose of this chapter is to effectuate the policy set forth in RSA 125-F:1 by providing:

I. A program of effective regulation of sources of radiation to protect the occupational and public health and safety.

II. A program to promote an orderly regulatory pattern within the state, among the states, and between the federal government and the state, to facilitate intergovernmental cooperation with respect to use and regulation of sources of radiation and to avoid duplication of regulation.

III. A program to establish procedures for assumption and performance of certain regulatory responsibilities with respect to naturally occurring, artificially produced, byproduct, source, and special nuclear materials and radiation equipment.

IV. A program to permit utilization of sources of radiation consistent with the health and safety of the public.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:20 Exceptions. 

Nothing in this chapter shall be interpreted as limiting reasonable intentional exposure of patients to radiation by members of any legally recognized healing profession as authorized by law.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:21 Criminal Penalties. 

Any person who violates any of the provisions of this chapter or rule adopted pursuant to this chapter or who violates any order of the program issued under the authority of this chapter, except as provided in RSA 125-F:9, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. In addition to these penalties such person shall be enjoined from continuing such violation. Each day any person neglects or refuses to comply with such order shall constitute a separate offense.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:22 Civil Penalties. 

I. Any person who violates any license or registration provision of this chapter or any rule or order issued thereunder, or any term, condition, or limitation of any license or registration certificate issued thereunder, or commits any violation for which a license or registration certificate may be revoked under rules adopted pursuant to this chapter, may be subject to a civil penalty, to be imposed by the department. The department, through its program, shall adopt by rule a schedule of civil penalties graduated by degree of severity of the violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. The department shall have the power to compromise, mitigate, or remit such penalties.

II. Whenever the department through its program proposes to subject a person to the imposition of a civil penalty under the provisions of this section it shall notify such person in writing:

(a) Setting forth the date, facts, and nature of each act or omission for which the person is charged;

(b) Specifically identifying the particular provision or provisions of the law, rule, order, license, or registration certificate involved in the violation; and

(c) Advising the person of each penalty which the department imposes and its amount.

III. The written notice shall be sent by registered or certified mail by the program to the last known address of such person. The person so notified shall be granted an opportunity to show in writing within such reasonable period as the program by rule may prescribe, why such penalty should not be imposed. The notice shall also advise such person that upon failure to pay the civil penalty subsequently determined by the department, if any, the penalty may be collected by civil action.

IV. Upon request of the department of health and human services, the department of justice is authorized to institute civil action to collect a penalty imposed pursuant to this section. The attorney general shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to the attorney general for collection. All civil penalties collected under this section shall be forwarded to the state treasurer. The state treasurer shall deposit all moneys received under this section, and interest received on such money, to the public health services special fund,, established in RSA 143:11, from which the department of health and human services shall pay expenses incident to the administration of this chapter.


Source. 1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995. 2021, 122:7, eff. July 9, 2021.

    125-F:23 Existing Remedies Unimpaired. 

No existing civil or criminal remedy for any wrongful action which is a violation of the rules adopted hereunder shall be excluded or impaired by this chapter.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:24 Protection of Powers. 

The powers and functions vested in the department of health and human services, under the provisions of this chapter, shall not be construed to affect, in any manner, powers, duties and functions vested in the department of health and human services under any other provisions of law.


Source. 1986, 169:1. 1995, 310:181, eff. Nov. 1, 1995.

    125-F:25 Severability of Provisions. 

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.


Source. 1986, 169:1, eff. July 27, 1986.

    125-F:3 Definitions. 

As used in this chapter:

I. "Artificially produced radioactive material" means any material made radioactive (emits radiation spontaneously) by a particle accelerator or other means other than those which produce byproduct material.

II. "Byproduct material" means any radioactive material, except special nuclear material, yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material.

III. "Civil penalty" means any monetary penalty levied on a licensee or registrant because of violations of statutes, rules, licenses, or registration certificates, but does not include criminal penalties.

IV. "Closure" or "site closure" means all activities performed at a waste disposal site, such as stabilization and contouring, to assure that the site is in a stable condition so that only minor custodial care, surveillance, and monitoring are necessary at the site following termination of licensed operation.

V. "Decommissioning" means final operational activities at a facility to dismantle site structures, to decontaminate site surfaces and remaining structures, to stabilize and contain residual radioactive material, and to carry out any other activities to prepare the site for post-operational care.

VI. "Commissioner" means the commissioner of the department of health and human services.

VII. "Department" means the department of health and human services.

VII-a. "Generator" means a person who produces or treats low-level radioactive waste in the state.

VIII. "High-level radioactive waste" means (a) irradiated reactor fuel, (b) liquid waste resulting from the operation of the first cycle solvent extraction system or equivalent, and concentrated wastes from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuel, and (c) solids into which such liquid waste has been converted.

IX. "License" general and specific:

(a) "General license" means a license pursuant to rules adopted by the program without the filing of an application with the program, or the issuance of licensing documents to particular persons to transfer, acquire, own, possess or use quantities of, or devices or equipment utilizing, radioactive material.

(b) "Specific license" means a license issued to a named person upon application filed pursuant to the rules adopted under this chapter, to use, manufacture, produce, transfer, receive, acquire, own or possess quantities of, or devices or equipment utilizing, radioactive material.

X. "Low-level radioactive waste" means radioactive waste not classified as high-level radioactive waste, transuranic waste, spent nuclear fuel, or byproduct material as defined in paragraph II.

XI. "Naturally occurring radioactive material" means any material of natural origin that emits radiation spontaneously, excluding uranium and thorium.

XII. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency of this state other than the program, political subdivision of this state, any other state or political subdivision or agency, and any legal successor, representative, or agent of the foregoing, other than federal government agencies.

XIII. "Program" means the radiological health program of the department of health and human services.

XIV. "Radiation" means ionizing radiation and nonionizing radiation:

(a) "Ionizing radiation" means gamma rays and x-rays, alpha and beta particles, high speed electrons, neutrons, protons, and other nuclear particles, but not sound or radio waves or visible, infrared or ultraviolet light;

(b) "Nonionizing radiation" means:

(1) Any electromagnetic radiation other than ionizing radiation which the program determines by rule to present a biological hazard to the occupational or public health and safety; and

(2) Any sonic, ultrasonic, or infrasonic wave which the program determines by rule to present a biological hazard to the occupational or public health or safety.

XV. "Radiation equipment" means any manufactured product or device, the component part of such product or device, or any machine or system which during operation is able to generate or emit radiation, except those which emit radiation only from radioactive material.

XVI. "Radioactive material" means any material, whether solid, liquid, or gas, which emits radiation spontaneously. It includes artificially produced, byproduct, naturally occurring, source, and special nuclear materials.

XVII. "Radiation waste management" means receipt, storage, and processing of radioactive wastes prior to disposal or disposal of radioactive wastes.

XVIII. "Registration" means registration in accordance with rules adopted pursuant to this chapter.

XIX. "Source material" means (a) uranium, thorium, or any other material which the governor declares by order to be source material after the United States Nuclear Regulatory Commission or its successor has determined the material to be source material or (b) ores containing one or more of the foregoing materials in such concentration as the governor declares by order to be source material after the United States Nuclear Regulatory Commission or its successor has determined the material in such concentration to be source material.

XX. "Source of radiation" means, collectively, radioactive material and radiation equipment.

XXI. "Special nuclear material" means (a) plutonium, uranium 233, uranium enriched in the isotope 233 or in the isotope 235, and any other material which the governor declares by order to be special nuclear material after the United States Nuclear Regulatory Commission or its successor has determined the material to be special nuclear material, but does not include source material; or (b) any material artificially enriched by any of the foregoing, but does not include source material.

XXII. "Spent nuclear fuel" means irradiated nuclear fuel that has undergone at least one year's decay since being used as a source of energy in a power reactor. Spent fuel includes the special nuclear material, byproduct material, source material, and other radioactive materials associated with fuel assemblies.

XXIII. "Transuranic waste" means radioactive waste containing alpha emitting transuranic elements, with radioactive half lives greater than 5 years in excess of 100 nanocuries per gram.


Source. 1986, 169:1. 1989, 398:14. 1995, 310:74, 181, eff. Nov. 1, 1995.

    125-F:4 Radiological Health Program. 

There is hereby established a radiological health program in the department of health and human services. The commissioner of the department of health and human services shall designate a manager of the program, who shall perform the functions vested in the department under this chapter.


Source. 1986, 169:1. 1995, 310:175, 181, 182, eff. Nov. 1, 1995.

    125-F:5 Powers;  Duties. 

For the protection of occupational and public health and safety, the department shall:

I. Develop systems for evaluation and control of hazards associated with the use of sources of radiation.

II. Develop systems described in paragraph I, with due regard for compatibility with federal programs for regulation of byproduct, source, and special nuclear materials.

III. Develop systems described in paragraph I, with due regard for consistency with federal programs for regulation of radiation equipment.

IV. Adopt under RSA 541-A, after public hearing, rules relative to registration of sources of radiation, as necessary to prohibit and prevent unnecessary radiation.

V. Adopt rules, pursuant to RSA 541-A, which provide for licensing or registration relative to control of sources of radiation, including, but not limited to, low-level radioactive waste, with due regard to compatibility with the regulatory programs of the federal government and such other rules as are necessary for the administration of this chapter.

VI. Issue such orders or modifications as necessary in connection with licensing and registration of sources of radiation under RSA 125-F:7.

VII. Advise, consult, and cooperate with other agencies of the state, the federal government, other states, interstate agencies, political subdivisions, and with groups concerned with control of sources of radiation.

VIII. Accept and administer loans, grants or other funds or gifts, conditional or otherwise, from the federal government and other sources, public or private.

IX. Encourage, participate in, or conduct studies, investigations, training, research, and demonstrations relative to the control of sources of radiation.

X. Collect and disseminate information relative to control of sources of radiation including maintenance of:

(a) A file of all license applications, issuances, denials, amendments, transfers, renewals, modifications, suspensions, and revocations;

(b) A file of registrants possessing sources of radiation requiring registration under the provisions of the chapter, and any administrative or judicial action pertaining thereto; and

(c) A file of all rules relative to regulation of sources of radiation, pending or adopted, and proceedings thereon.


Source. 1986, 169:1. 1995, 310:175, eff. Nov. 1, 1995.

    125-F:6 State Radiation Advisory Committee. 

I. There is hereby established an advisory committee to be known as the state radiation advisory committee which shall consist of 9 members. The committee membership shall at all times be limited to no more than 2 members from any one field or profession representing a physical science, life science, industry, medicine, veterinary medicine, dentistry, nursing, or other healing arts and one public member. The members shall be residents of the state and shall be appointed by the governor with consent of the council. Each member shall be appointed for a term of 4 years and until his successor shall be appointed; provided, that of the original appointments, 3 shall be appointed for a term of 2 years, 3 for a term of 3 years, and 3 for a term of 4 years. In order to assure the proper balance of technical skills, whenever a vacancy or vacancies occur, the committee shall submit to the governor and council for their consideration the names of up to 3 nominees for each vacancy. The members shall receive no compensation for their services, but shall receive necessary travel and other expenses while engaged in the actual work of the committee. The manager of the program shall act as technical secretary to the committee.

II. The governor shall appoint a chairman from among members of the advisory committee who shall serve for the period of his term. The committee shall hold meetings when the chairman or manager of the program wishes, but at least once per calendar quarter.

III. The committee shall recommend programs and policies to the radiological health program and serve as advisers to the program's manager. They shall keep the governor and council informed, at least annually, on matters relative to radiation issues within the state.


Source. 1986, 169:1. 1987, 93:1, eff. July 5, 1987.

    125-F:7 Licensing and Registration of Sources of Radiation. 

I. When adopting rules under RSA 541-A, the department, through its program, shall provide for general or specific licensing of naturally occurring, artificially produced, byproduct, source, and special nuclear materials or devices or equipment utilizing such material. The rules shall provide for amendment, suspension, and revocation of licenses.

II. The department, through its program, may require registration of other sources of radiation.

III. The department, through its program, is authorized to exempt certain sources of radiation or kinds of uses or users from the licensing or registration requirements of this section, provided they shall be specifically named in a schedule of such exempt uses, users, or sources of radiation within the context of rules adopted under RSA 541-A.

IV. The rules may provide for recognition of other state or federal licenses and radiation machine registration as the program may deem desirable, subject to such registration requirements, including the payment of such fees, as the department, through its program, may establish.


Source. 1986, 169:1. 1995, 310:175. 2003, 319:28, eff. July 1, 2003.

    125-F:8-a Low-Level Radioactive Waste Management Fund. 

I. There is hereby established the New Hampshire low-level radioactive waste management fund to be used for the purposes of this section. This nonlapsing, revolving special fund is hereby continually appropriated to be expended by the department of health and human services in accordance with this section. Money collected under this section but not needed to meet the obligations of the department of health and human services under this section shall be deposited in the New Hampshire low-level radioactive waste management fund. The state treasurer shall invest the moneys so deposited as provided by law. Interest received on investments made by the state treasurer shall also be credited to the fund.

II. The fund shall be used to provide for the adequate and safe management and disposal of low-level radioactive waste generated within New Hampshire. After the governor certifies that circumstances require the use of the fund, the department of health and human services may enter into contracts, agreements, or consultative services and use the fund for the following purposes:

(a) Paying any disposal costs and associated surcharges for the disposal of low-level radioactive waste;

(b) Hiring of consultants and personnel;

(c) Purchase, lease or rental of necessary equipment; and

(d) Other necessary expenses directly associated with the management and disposal of low-level radioactive waste.

III. Every generator of low-level radioactive waste located in this state which exports the waste for disposal shall pay quarterly a low-level radioactive waste generator fee to the department of health and human services. This quarterly fee shall be based on a per cubic foot of waste exported. The commissioner shall, by rules adopted pursuant to RSA 541-A, establish a schedule of low-level radioactive waste generator fees. The department of health and human services shall forward the fees collected under this paragraph to the state treasurer for deposit in the low-level radioactive waste management fund.

IV. Any low-level radioactive waste disposal surcharge collected by the appropriate federal agency pursuant to the Low-Level Radioactive Waste Policy Act of 1980,
 as amended, and returned to the state of New Hampshire shall also be deposited in the low-level radioactive waste management fund.


Source. 1989, 398:15. 1995, 310:181, 183, eff. Nov. 1, 1995.

    125-F:8-b Radiation User and Laboratory Fees Fund. 

There is hereby established the radiation user and laboratory fees fund to be used to carry out the provisions of this chapter. The fund shall be composed of fees collected in accordance with RSA 125-F:8, IV. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of this chapter.


Source. 2002, 258:5, eff. July 1, 2002.

    125-F:8 Radiation User and Laboratory Fees. 

I. The department, through its program, shall prescribe and collect such fees as may be established by rule for radiation protection services provided under this chapter. Services for which fees may be established include:

(a) Registration of radiation equipment and other sources of radiation;

(b) Issuance, amendment, and renewal of general or specific licenses for radioactive materials as well as the recognition of other state and federal licenses and radiation machine registrations in accordance with RSA 125-F:7, IV;

(c) Inspections of registrants or licensees;

(d) Environmental surveillance activities to assess the radiological impact of activities conducted by licensees;

(e) Evaluation of products to be distributed to persons generally licensed or persons exempt from licensing;

(f) Laboratory radiochemical sample analyses; and

(g) Radiological response and radiation safety assessments.

II. When a registrant or licensee fails to pay the applicable fee, the program may suspend or revoke the registration or license or may issue an appropriate order.

III. Except as provided in paragraph IV, all fees collected under this section shall be forwarded to the state treasurer to be deposited in the general fund.

IV. Any increase in fees after the effective date of this paragraph and collected under this section shall be deposited in the radiation user and laboratory fees fund established in RSA 125-F:8-b and shall be used solely for the administration of the department's responsibilities under this chapter.

V. Application fees collected under this provision shall not be refundable.


Source. 1986, 169:1. 1995, 310:175. 2002, 258:4. 2003, 319:29, eff. July 1, 2003.

    125-F:9 Notification of Significant Events. 

I. Each licensee of a nuclear powered reactor shall comply with the reporting requirements for significant events contained in the regulations of the Nuclear Regulatory Commission.

II. As used in this section, "significant event" means any event which must be reported to the Nuclear Regulatory Commission operations center pursuant to 10 C.F.R., section 50.72.

III. Any person who purposely violates the provisions of this section and who is found by the Nuclear Regulatory Commission to have violated its regulations shall be guilty of a class B felony if the severity of the incident is at level I or II and guilty of a misdemeanor if the severity of the incident is at level III, IV, or V as said levels are defined by the Nuclear Regulatory Commission in 10 C.F.R., Part 2.


Source. 1986, 169:1, eff. July 27, 1986.

    125-H:1 Findings, Intent. 

The general court finds that protection of the public health and welfare demands a state-wide capacity to assess the nature of and risks to both humans and ecosystems associated with exposure to a variety of environmental contaminants. Recognizing that health risk assessment entails responding to situations where scientific data and exposure standards are often incomplete at best, the general court finds that the success of such a program requires flexible access to medical, scientific, and engineering expertise in all agencies of state government. The general court enacts this chapter in order to provide a mechanism for health risk assessment. The general court intends that the department of health and human services, which has primary state responsibility for protecting the public health, shall be the lead agency for health risk assessment. It further intends that other state agencies shall cooperate fully in making personnel with training experience in the disciplines necessary to accomplish such assessments available to the department of health and human services on a reasonable basis. In establishing this function, the general court intends to provide regulatory decision-makers who shall analyze, assess, and manage public and environmental health risks with the most timely and accurate information and analysis available.


Source. 1986, 202:13. 1995, 310:181, eff. Nov. 1, 1995.

    125-H:2 Definitions. 

In this chapter:

I. "Acute health effect" means an adverse health outcome or disease which manifests itself upon or shortly after exposure to an environmental hazard.

II. "Adverse health outcome" means any condition which results in human morbidity, mortality, impaired reproductive function, toxicity, teratogenic, carcinogenic, or mutagenic effects.

III. "Chronic health effect" means an adverse health outcome or disease which manifests itself over a long incubation or latency period. Chronic health effects can result from either a limited high-level or long-term, low-level exposure to an environmental hazard.

IV. "Commissioner" means the commissioner of the department of health and human services.

V. "Department" means the department of health and human services.

VI. "Dose-response assessment" means the determination of the relation between the magnitude of exposure to environmental hazards and the probability of occurrence of adverse health effects.

VII. "Environmental hazard" means any biological, chemical, or physical agent present in the environment which has the potential of causing disease or adverse health outcome.

VIII. "Environmental health risk assessment" means the use of scientific and medical data to define potential health effects of exposure of individuals or populations to environmental hazards.

IX. "Exposure assessment" means the determination of the extent of human exposure to an environmental hazard.

X. "Hazard identification" means the scientific process of collecting and validating data to determine if biological, chemical or physical agents, man-made or naturally occurring, can be causally linked to particular chronic or acute health effects.

XI. "Imminent health hazard" means the immediate threat to the population of an adverse health outcome posed by an environmental hazard.

XII. "Risk characterization" means the description of the nature and, when possible, the magnitude of human risk from an environmental hazard, including its attendant uncertainty.

XIII. "Risk management" means the use of the results of environmental health risk assessments or other information in order to develop and evaluate regulatory options, within a statutory framework, to reduce the risk of harm to human health and ecosystems to the greatest possible degree.


Source. 1986, 202:13. 1995, 310:75, eff. Nov. 1, 1995.

    125-H:3 Health Risk Assessment Bureau;  Duties. 

I. There is established within the department of health and human services a health risk assessment bureau under the direction of a classified administrator of health risk assessments. The bureau shall be responsible for administering the health risk assessment program.

II. The bureau shall provide completed health risk assessments to other state agencies for use in risk management activities. This includes human health risk assessment of known or suspected environmental hazards and on pending regulatory actions regarding environmental protection being considered by other state agencies. The health risk assessment shall consist of some or all of the following information: hazard identification, dose-response assessment, exposure assessment, and risk characterization.

III. The commissioner shall have the authority to establish and dissolve risk assessment teams as necessary, based upon the need for assessment of particular situations.

IV. The commissioner shall have responsibility for developing proposed environmental quality standards, criteria and guidelines to protect human health. These shall be presented to the commissioner of environmental services for consideration by him for inclusion in rules adopted by the commissioner of environmental services.

IV-a. The commissioner shall have responsibility for developing guidelines for risk assessments.

V. The commissioner shall have the authority to apply for and accept federal funds or other assistance available for the conduct of environmental health risk assessment activities or to carry out this chapter.


Source. 1986, 202:13. 1990, 261:7. 1995, 310:181, 183. 1996, 241:9, eff. July 1, 1996.

    125-H:4 Imminent Health Hazard. 

The commissioner shall have the responsibility, upon the receipt and validation of information of an imminent health hazard, to inform the commissioner of environmental services who shall inform the governor of such threat and request that the state agencies responsible by statute take necessary and immediate action to abate the environmental hazard. The commissioner shall provide recommendations and advice as necessary, and shall determine when the imminent hazard has been abated.


Source. 1986, 202:13. 1995, 310:183, eff. Nov. 1, 1995.

    125-H:5 Interagency Cooperation. 

I. In order to carry out health risk assessment, the commissioner is authorized to request and receive, on a reasonable basis, the assistance of personnel in any agency of state government with training or experience in any of the following fields:

(a) Medicine.

(b) Toxicology.

(c) Epidemiology.

(d) Environmental epidemiology.

(e) Environmental health.

(f) Industrial hygiene.

(g) Occupational health nursing.

(h) Ecology.

(i) Environmental sanitation.

(j) Engineering.

(k) Radiological health.

(l) Biological sciences, including wildlife biology.

(m) Any other necessary discipline.

II. In order to assure cooperation among agencies in the health risk assessment process, the commissioner shall initiate the preparation of written memoranda of understanding with the executive head of any other agency of state government employing personnel needed for carrying out environmental health risk assessments. The memoranda shall include, at a minimum, the following:

(a) A procedure for identifying and agreeing upon the personnel, facilities, and equipment available for environmental health risk assessments.

(b) The contents and timing of a request for assistance.

III. The commissioner shall initiate the process of preparing memoranda of understanding with a written, dated request to undertake the process to the executive head of the agency concerned. If agreement between the commissioner and the concerned agency head is not reached within 90 days, the commissioner shall send written notification of the impasse to the governor. The governor shall cause a memorandum of understanding to be prepared and put into effect within 60 days of receiving the notification from the commissioner.

IV. If a dispute arises regarding the implementation of any memorandum of understanding under this section, the commissioner shall notify the governor with a written, dated document of the dispute. The governor shall resolve the dispute within 5 working days of receiving notification from the commissioner.


Source. 1986, 202:13. 1995, 310:183, eff. Nov. 1, 1995.

    125-H:6 Reports. 

I. The commissioner shall prepare written reports detailing the results of any environmental health risk assessment undertaken pursuant to this chapter.

II. The commissioner shall make these reports available to those state or local officials responsible for risk management decisions and activities.


Source. 1986, 202:13. 1995, 310:183, eff. Nov. 1, 1995.

    125-H:7 Environmental Risk Analysis. 

Any environmental hazard assigned to the risk analysis and management unit in the office of the commissioner of environmental services shall be the direct responsibility of the assistant commissioner, who shall have the same duties and responsibilities relative to environmental hazards as the commissioner of the department of health and human services has relative to human health risks under this chapter. The assistant commissioner of environmental services and the commissioner of the department of health and human services shall consult regularly and shall work together to assure that the risk analysis and management unit and the health risk assessment bureau operate in a mutually efficient and cooperative fashion.


Source. 1986, 202:13. 1995, 310:182, eff. Nov. 1, 1995.

    125-I:1 Purpose. 

It is declared to be the public policy of the state of New Hampshire and the purpose of this chapter to promote the public health of the state by reducing human exposure to toxic chemicals by regulating releases of toxic chemicals into the ambient air.


Source. 1987, 314:1. 1996, 279:1, eff. July 1, 1996.

    125-I:2 Definitions. 

I. "Air contaminant" means soot, cinders, ashes, any dust, fume, gas, mist (other than water), odor, toxic or radioactive material, particulate matter, or any combination thereof.

II. "Air toxic" means air contaminants designated by the commissioner of the department of environmental services from the organic compounds and metals listed by the United States Environmental Protection Agency in the Code of Federal Regulations, Title 40, Part 261, Subparts C and D and Table 4 of 450/5-86-011a and subsequent updates.

III. "Ambient air" means the unconfined atmosphere that envelops the earth.

IV. "Ambient air limit" means the standard designated pursuant to RSA 125-I:4 that establishes the maximum allowable concentration of emissions of a specific regulated toxic air pollutant at or beyond the compliance boundary.

V. "Commissioner" means the commissioner of the department of environmental services.

VI. "Compliance boundary" means the boundary of the property on which the stationary source is located or an alternate compliance boundary determined by the department in accordance with rules adopted pursuant to this chapter.

VII. "Council" means the air resources council established pursuant to RSA 21-O:11.

VIII. "Department" means the department of environmental services.

IX. "Device" means any burner, furnace, machine, equipment, or article which emits a regulated toxic air pollutant or air contaminant into the ambient air.

X. "Modification" means any physical or operational change in a stationary source or device which increases the amount of a specific regulated toxic air pollutant emitted by such source or device, or which results in the emission of any additional regulated toxic air pollutant.

XI. "Pollution control equipment" means any device that treats, removes, restricts, or otherwise controls the release or discharge of regulated toxic air pollutants that is not vital to normal productions operations.

XII. "Process" means any operation which combines devices, equipment, raw materials, utilities, and manpower for the production of goods, services, energy, pollution control, or other purposes which emits a regulated toxic air pollutant into the ambient air.

XIII. "Reference concentration limit" means an estimate established by the United States Environmental Protection Agency of a daily exposure to the human population, including sensitive subgroups, that is likely to be without an appreciable risk of deleterious noncancer effects during a lifetime.

XIV. "Regulated toxic air pollutant" means any substance or compound emitted into the ambient air by a stationary source and designated a regulated toxic air pollutant pursuant to RSA 125-I:4. Regulated toxic air pollutants are classified as:

(a) Class I, meaning any regulated toxic air pollutant recognized by the United States Environmental Protection Agency as a Group A-Human Carcinogen or Group B-Probable Human Carcinogen, as referenced in 51 Federal Register 34,000 (1986), or otherwise designated a regulated toxic air pollutant-Class I by the commissioner pursuant to rules adopted under RSA 125-I:3.

(b) Class II, meaning any regulated toxic air pollutant other than a regulated toxic air pollutant Class I, which is recognized by the United States Environmental Protection Agency as a Group C-Possible Human Carcinogen, as referenced in 51 Federal Register 34,000 (1986), or otherwise designated a regulated toxic air pollutant-Class II by the commissioner pursuant to rules adopted under RSA 125-I:3.

(c) Class III, meaning any regulated toxic air pollutant other than a regulated toxic air pollutant-Class I or Class II.

XV. "Stationary source" means any building, structure, facility, or installation that emits or may emit a regulated toxic air pollutant or air contaminant into the ambient air.

XVI. "Threshold limit value" means the threshold limit value-time weighted average (TLV-TWA) as set forth in the American Conference of Governmental Industrial Hygienists (ACGIH) 1995 list and as amended thereafter.

XVII. "Uncontrolled emission" means any emission of a regulated toxic air pollutant from a device or process at a stationary source that is not subject to treatment or removal by pollution control equipment prior to being emitted to the ambient air, or is emitted to the ambient air in amounts which have not been limited by conditions in an enforceable permit or document.


Source. 1987, 314:1. 1996, 228:22, eff. July 1, 1996; 279:2, eff. July 1, 1996, at 12:01 a.m.; 279:8, eff. July 1, 1996, at 12:02 a.m.

    125-I:3-a Administrative Fines. 

The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit or order issued pursuant to this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this section shall be deposited in the general fund.

I. Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

II. The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b) and (d).

III. The commissioner may assess an additional fine for repeat violations.


Source. 1996, 247:13, eff. Jan. 1, 1997. 2019, 263:3, eff. Jan. 1, 2020.

    125-I:3 Toxic Air Pollutant Control;  Exemptions. 

I. The department shall establish a statewide permit system for stationary sources which release regulated toxic air pollutants into the ambient air.

II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the prevention, control, abatement, and limitation of regulated toxic air pollutant emissions.

III. The following shall be exempt from the provisions of this chapter:

(a) Normal agricultural operations and the application of pesticides regulated pursuant to RSA 430:28 through RSA 430:48.

(b) Emissions of regulated toxic air pollutants resulting from mobile sources and the combustion of virgin petroleum products at stationary sources.

(c) Pursuant to rules adopted under RSA 541-A by the commissioner, those air contaminants and categories of stationary sources whose emissions of regulated toxic air pollutants are adequately regulated under other provisions of state or federal law or, based on available information, pose little risk to human health.


Source. 1987, 314:1. 1996, 228:104, 106, eff. July 1, 1996; 279:3, eff. July 1, 1996 at 12:01 a.m.

    125-I:4 Regulated Toxic Air Pollutants. 

I. The following are regulated toxic air pollutants:

(a) Those substances or compounds listed as hazardous air pollutants pursuant to Section 112(b) of the Clean Air Act (42 U.S.C. 7412), as amended; and

(b) Those chemical substances for which a threshold limit value has been established by the American Conference of Governmental Industrial Hygienists as of December 31, 1995, as amended.

II. The commissioner shall adopt rules, pursuant to RSA 541-A, designating each regulated toxic air pollutant as a regulated toxic air pollutant-Class I, a regulated toxic air pollutant-Class II, or a regulated toxic air pollutant-Class III.

III. For each regulated toxic air pollutant, the commissioner shall adopt rules, pursuant to RSA 541-A, designating a short-term and long-term ambient air limit. In establishing ambient air limits under this chapter, the department shall rely on threshold limit values, reference concentration limits, and such other generally accepted scientific data as may be available.

IV. The department shall publish the list of all regulated toxic air pollutants, their classification as a regulated toxic air pollutant-Class I,-Class II or-Class III, and their respective short-term and long-term ambient air limits immediately upon adoption of the rules establishing such classifications and ambient air limits for each regulated toxic air pollutant. Publication of notice of such list shall be made by the department in the New Hampshire Rulemaking Register. Thereafter, the department shall publish annually a complete list of all regulated toxic air pollutants, classifications, and ambient air limits. Any revision to the list of regulated toxic air pollutants or their respective classifications or ambient air limits made prior to the annual publication of such list shall be noticed by publication of notice of the revision by the commissioner in the New Hampshire Rulemaking Register and shall not take effect until such publication of notice has occurred.

V. At any time, or pursuant to petition of any stationary source or affected person, the commissioner may modify the list of regulated toxic air pollutants by adding or deleting any substance or compound from the list, or by establishing or modifying any classification or ambient air limit for such substances or compounds, by adopting rules in accordance with the provisions of RSA 541-A, provided that:

(a) A substance or compound may be added to the list only if there is at least one study that has been conducted in accordance with generally accepted scientific principles that demonstrates that the substance or compound is known to cause or may reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such substances or compounds.

(b) A substance or compound may be deleted from the list only if there is at least one study that has been conducted in accordance with generally accepted scientific principles that demonstrates that the substance or compound may not reasonably be anticipated to cause acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of exposure to such substances or compounds.


[Paragraph VI effective January 1, 2023.]



VI. By January 1, 2023 and annually thereafter, the commissioner shall consider peer-reviewed studies of the acute, chronic, mutagenic, reproductive, or developmental health effects in humans as a result of inhalation exposure to an individual per and polyfluoroalkyl substance, and whether to establish or modify any classification or ambient air limit for such individual per and polyfluoroalkyl substance by adopting rules in accordance with the provisions of RSA 541-A.


Source. 1996, 279:4, eff. July 1, 1996. 2022, 204:1, eff. Jan. 1, 2023.

    125-I:5 Compliance;  Permit Required. 

I. No person shall operate any device or process at a stationary source that emits a regulated toxic air pollutant without a temporary or operating permit issued by the department in accordance with this chapter or RSA 125-C, provided, however, that no permit or permit application shall be required for any device or process at a stationary source exempted under RSA 125-I:3, III, or whose uncontrolled emissions of regulated toxic air pollutants do not exceed ambient air limits at or beyond the compliance boundary and for which no other permit is required under RSA 125-C.

II. Existing devices or processes emitting regulated toxic air pollutants at a stationary source in operation as of the effective date of the rules adopted by the commissioner under RSA 125-I:6, II shall comply with either:

(a) The rules adopted by the commissioner relative to air toxics, including but not limited to rules establishing ambient air limits, in effect immediately prior to the effective date of this section for a period of 3 years following the effective date of this section at which time such stationary sources shall comply with the rules adopted under this chapter relative to regulated toxic air pollutants; or

(b) Rules adopted under this chapter relative to regulated toxic air pollutants at any time, but no later than 3 years following the effective date of this section.

III. All new and modified devices or processes emitting regulated toxic air pollutants at a stationary source shall comply with the rules adopted under this chapter relative to regulated toxic air pollutants.

IV. If the department revises the list of regulated toxic air pollutants or their respective ambient air limits or classifications under RSA 125-I:4, II and III, and as a result of such revision any source of regulated toxic air pollutants is required to obtain or modify a permit under the provisions of RSA 125-I or RSA 125-C, the stationary source shall have 90 days following publication of notice of such final revision in the New Hampshire Rulemaking Register to file a complete application for such permit or permit modification. The department shall include as conditions in any permit issued as a result of a revision to the list of regulated toxic air pollutants a compliance plan and a schedule for achieving compliance based on public health, economic and technical considerations, not to exceed 3 years. Failure to comply with any such compliance plan or schedule of compliance shall be subject to the enforcement provisions of RSA 125-I:8.

V. A person or persons having ownership or control of a stationary source may demonstrate compliance with this chapter and any rules adopted under this chapter by air dispersion analysis or such other techniques as the department designates pursuant to rules adopted by the commissioner in accordance with RSA 541-A. In addition, the department shall establish in rules adopted by the commissioner pursuant to RSA 541-A one or more methodologies by which any stationary source can determine, through testing, calculation, or other methods without air dispersion modeling, whether the existing or proposed emission of any regulated toxic air pollutant will result in an exceedance of an ambient air limit at the source's compliance boundary.


Source. 1996, 279:4; 279:5, eff. Mar. 5, 1997 at 12:01 a.m.

    125-I:6 Rulemaking. 

I. The commissioner shall adopt interim rules as expeditiously as possible but no later than August 31, 1996, relative to:

(a) Procedures and criteria for classifying regulated toxic air pollutants as Class I, II and III-regulated toxic air pollutants.

(b) Procedures and criteria for determining ambient air limits.

II. The commissioner shall adopt rules, pursuant to RSA 541-A, in consultation with the council, as expeditiously as possible but no later than December 31, 1996, relative to:

(a) Procedures and criteria for classifying regulated toxic air pollutants as Class I, II and III-regulated toxic air pollutants.

(b) Procedures and criteria for determining ambient air limits.

(c) Establishment of a list of regulated toxic air pollutants including the classification under RSA 125-I:4, II and short-term and long-term ambient air limits for each regulated toxic air pollutant listed.

(d) Establishment of methodologies for determining by testing, calculation, or other methods without complete air dispersion modeling whether an existing or proposed emission of a regulated toxic air pollutant will exceed the applicable ambient air limit at the source's compliance boundary.

(e) Identification of the air contaminants and categories of stationary sources that are exempt from the provisions of this chapter.

III. The commissioner shall adopt rules pursuant to RSA 541-A, in consultation with the council, as expeditiously as possible but no later than June 30, 1997, relative to:

(a) Procedures and criteria for determining compliance with ambient air limits established pursuant to this chapter.

(b) Procedures for petitioning the department to revise the list of regulated toxic air pollutants in accordance with the provisions of RSA 125-I:4, V.

(c) Procedures and criteria for establishing an alternate compliance boundary for a stationary source.

IV. Rules adopted by the commissioner relative to the air toxic control program in effect on July 1, 1996, shall remain in effect until the rules expire, or are amended or repealed.


Source. 1996, 279:4, eff. July 1, 1996.

    125-I:7 Inspection. 

I. For the purpose of determining compliance with this chapter, any rule adopted by the commissioner relative to this chapter, or any condition of a permit issued under RSA 125-C relative to the emission of a regulated toxic air pollutant and any other air contaminant, an employee or authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:

(a) Enter any stationary source.

(b) Inspect and photograph the device or source which produces or controls emissions of regulated toxic air pollutants and other air contaminants, and obtain samples of materials processed in and generated from the devices and sources at the facility.

(c) Inspect and copy records, information or test results relating to air pollution, air contaminants and devices or sources which produce or control emissions of regulated toxic air pollutants and other air contaminants.

II. For the purpose of determining the type and quantity of regulated toxic air pollutants and other air contaminants being emitted from any stationary source, the commissioner may require the stationary source to maintain and submit production data, material usage records, equipment manufacturer's specifications, material safety data sheets and such other similar records, data and information.

III. Any records, data, or information obtained by or submitted to the department or any other agency of the state under this chapter which, in the judgment of the department, constitutes a trade secret, shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for a hearing. The protection against unauthorized disclosure of trade secret information under this chapter shall not exceed that permitted under RSA 91-A. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality afforded by the department.


Source. 1996, 279:4, eff. July 1, 1996; 279:9, eff. July 1, 1996 at 12:02 a.m.

    125-I:8 Enforcement. 

I. Whenever the commissioner or the commissioner's authorized representative finds that any device or source of air pollution has resulted in a violation of any of the provisions of this chapter or any rules in force hereunder, or any condition in a permit issued under this chapter, the commissioner shall issue a notice of violation and, where appropriate, an order of abatement establishing a compliance schedule with which the device or source shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the council before the expiration of the 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying, or abrogating the commissioner's order of abatement or any part of such order. The council's decision shall become final 10 days after it is issued. Appeals from decisions of the air resources council shall be made in accordance with the provisions of RSA 541. Upon a finding by the commissioner, in consultation with the department of health and human services, that there is an imminent and substantial endangerment to the public health or welfare, the commissioner shall issue an order of abatement requiring immediate compliance. The order shall be final and enforceable upon issuance, but may be appealed to the council within 30 days of its issuance and the council may, after hearing, uphold, modify, or abrogate the order.

II. Any violation of the provision of this chapter, or of any rules or orders issued under it, or of any condition in a permit issued under it, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil penalty of not more than $25,000 per violation, and for each day of a continuing violation.

III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition of a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

IV. Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to RSA 125-I:8, III. Each day of violation shall constitute a separate offense.


Source. 1996, 279:4, eff. July 1, 1996; 279:10, eff. July 1, 1996 at 12:02 a.m.

    125-J:1 Definitions. 

In this chapter:

I. "Actual emissions" means the rate, in tons per year, at which the device or source actually emitted a pollutant during calendar year 1990, or the average rate, in tons per year, at which the device or source actually emitted a pollutant during any 2-year period which precedes the date of application by no more than 5 years and which is representative of normal production rates, and which the department determines does not jeopardize any attainment demonstration under the Clean Air Act. Actual emissions shall be calculated using factors such as the source's actual operating hours, production rates, stack emissions rates, and types of materials processed, stored, or combusted during the applicable period.

II. "Allowable emissions" means the emission rate of a device or source calculated using the maximum rated capacity of the device or source, or, if applicable, federally enforceable limits which restrict the emission rate, operating rate, hours of operation, or any combination thereof, and the most stringent of the following:

(a) Any applicable standard set forth in 40 C.F.R. part 60 or 40 C.F.R. part 61;

(b) Any applicable New Hampshire state implementation plan emissions limitation, including a limitation with a future compliance date; or

(c) Any emissions rate specified as a condition of a federally enforceable permit issued by the department or EPA, including those with a future compliance date, or a federally enforceable emissions reductions credit certificate issued pursuant to an EPA-approved economic incentive program ("EIP").

III. "Area source" means stationary or non-road sources of emissions which are too small or too numerous to be individually included in a stationary source emissions inventory maintained by the department.

IV. "Attainment demonstration" means emissions reductions required to satisfy reasonable further progress and attainment of national ambient air quality standards under the Clean Air Act.

V. "Baseline emissions" means actual emissions or allowable emissions, whichever is less, as certified by the department.

VI. "Bubbling" means an alternate emissions control strategy where 2 or more existing devices or sources are placed under a hypothetical bubble which is regarded, for the purpose of achieving emissions reductions, as a single device or source.

VII. "Clean Air Act" or "CAA" means the Clean Air Act, 42 U.S.C. section 7401, et seq., as amended, and all final regulations adopted thereunder.

VIII. "Commissioner" means the commissioner of the department of environmental services.

IX. "Department" means the department of environmental services.

X. "Device" means "device which contributes to air pollution" as defined in RSA 125-C:2, VI.

XI. "Director" means the director of the division of air resources, department of environmental services.

XI-a. "Discrete emission reduction" or "DER" means an emission reduction generated over a discrete period of time, and measured in weight (e.g., tons).

XII. "Division" means the division of air resources, department of environmental services.

XII-a. "Emission budget" or "budget" means the numerical result in tons per season of NOx emissions which results from the application of the emission reduction requirement of the ozone transport commission memorandum of understanding dated September 27, 1994, and which is the maximum amount of NOx emissions which may be released from the budget sources collectively during a given control period.

XIII. "Emissions reduction credit certificate" means the document issued by the department certifying emissions reductions for use consistent with this chapter.

XIV. "Emissions reduction credits" or "ERCs" mean the actual air pollutant reductions from an emitting device or source that have been certified by the department as enforceable, permanent, quantifiable, real, and surplus. One ERC shall represent 2,000 pounds (1 ton) of emissions reduction per calendar year.

XV. "Enforceable" means those limitations and conditions on the operating rate, hours of operation, or types of materials processed, stored, or combusted of a source or device which are incorporated into a federally enforceable permit issued by the department or EPA, a federally enforceable emissions reduction credit certificate issued by the department pursuant to this chapter, or a revision to the SIP.

XVI. "EPA" means the United States Environmental Protection Agency.

XVII. "Federally enforceable" means all limitations and conditions which are enforceable by EPA, including those requirements developed pursuant to 40 C.F.R. parts 55, 60, 61 and 63; requirements within any applicable SIP, including a generic emissions trading program approved as an economic incentive program; requirements in operating permits issued pursuant to 40 C.F.R. part 70, 71, or 72; and any permit requirements established pursuant to 40 C.F.R. part 52.10, 52.21, or 40 C.F.R. part 55, or under regulations approved pursuant to 40 C.F.R. part 55 or 40 C.F.R. part 51, subpart I, including operating permits issued under an EPA approved program that is incorporated into the SIP and expressly requires adherence to any permit issued under such program.

XVIII. "Mobile source" means on-road vehicles such as automobiles, trucks, and motorcycles and non-road vehicles such as trains, airplanes, agricultural equipment, construction vehicles, off-road recreational vehicles and motorcycles, and boating vessels.

XIX. "Netting" means the process of determining whether a net emissions increase of a state or federally regulated pollutant at an existing major source will result from a proposed physical change or change in the method of operation. Netting is used to determine whether prevention of significant deterioration (PSD) or nonattainment area new source review applies to modifications at existing sources.

XIX-a. "NOx budget allowance" means the limited authorization to emit one ton of NOx during a specified control period. All NOx budget allowances shall be allocated, transferred, or used as whole NOx budget allowances. To determine the number of whole allowances, the number of NOx budget allowances shall be rounded down for decimals less than 0.50 and rounded up for decimals of 0.50 or greater.

XIX-b. "NOx budget source" means a fossil fuel fired boiler or indirect heat exchanger with a maximum rated heat input capacity of 250 MMBtu/Hour, or more; and all electric generating facilities with a rated output of 15 MW, or more. Any person who applies to opt into the NOx budget program shall be considered a NOx budget source upon acceptance of the application for opt-in.

XIX-c. [Repealed.]

XX. "Offset" means the use of an emissions reduction credit to compensate for emissions increases of a nonattainment pollutant from a new major stationary source or device or from a major modification to a stationary source or device subject to the requirements of the Clean Air Act.

XXI. "Permanent" means that the emissions reductions implemented for the generation and certification of an emissions reduction credit must be assured permanently through the issuance of a federally enforceable permit issued by the department or EPA, a federally enforceable emissions reduction credit certificate issued by the department, or a revision to the SIP.

XXII. "Person" means a person as defined in RSA 125-C:2, X who has been issued a permit by the department or the EPA, or a person as defined in RSA 125-C:2, X who owns, operates, or controls any area source, mobile source, or non-permitted source of air pollution for which reductions in pollutant emissions are eligible for certification under this chapter, or the state, except as provided in RSA 125-J:5, I and II.

XXIII. "Shutdown emissions credit" means emissions reduction credits acquired by the state through shutdown of devices and sources.

XXIV. "Quantifiable" means that the amount, rate, and characteristics of an ERC have been calculated in accordance with certified stack testing approved by the department, continuous emissions monitoring, or applicable control to technology guidance documents issued by EPA, or by any other method approved by the department and the EPA.

XXV. "Reasonably available control technology" or "RACT" means the lowest emission limitation that a source or device is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

XXVI. "Real" means the reduction in baseline emissions from a device or source released into the air.

XXVII. "Shutdown" means the cessation of production operations by a person who owns, operates, or controls a device or source.

XXVIII. "Source" means any stationary building, structure, facility, or installation which emits or may emit any state or federally regulated air pollutant.

XXIX. "State implementation plan" or "SIP" means the most recently prepared plan or revision thereof required by the Clean Air Act, and rules adopted by the department and single source SIP revisions which have been approved by the EPA or submitted to EPA for approval as part of the SIP.

XXX. "Surplus" means emissions reductions achieved from baseline emissions which are not otherwise required under the Clean Air Act or by the SIP for compliance with any attainment demonstration under the Clean Air Act, or by any administrative or judicial order, consent agreement or enforcement action.

XXXI. "Transfer" means the conveyance of an emissions reduction credit certificate from one person to another person, with or without consideration.


Source. 1994, 397:2. 1996, 228:106; 230:3-5. 1999, 46:1; 343:2. 2010, 59:2, I, eff. Jan. 1, 2014.

    125-J:10 Liability of Purchasers of Emission Reduction Credits Limited. 

I. Notwithstanding RSA 125-J:4, VII, an emissions reduction credits certificate issued pursuant to this chapter shall not be suspended, revoked, or modified during the term of the certificate for a person who has purchased or has accepted such a certificate for use as permitted under this chapter, and who can establish by a preponderance of the evidence that the certificate was purchased or accepted without any knowledge that the emissions reduction credits represented thereon were not real, surplus, permanent, and quantifiable, or that the person certifying the credits was in violation of any emissions limitation of a permit issued by the department or EPA, or any RACT or offset requirement under the Clean Air Act 
 and RSA 125-C.

II. There shall be no liability under RSA 125-J:8 and RSA 125-J:9 for a violation of an emissions reduction credits certificate or for a violation of a condition of a permit relating to the use of emissions reduction credits during the term of the certificate or permit for a person who has purchased or accepted a transfer of such a certificate for use as permitted under this chapter, and who can establish by a preponderance of the evidence that the certificate was purchased without any knowledge that the emissions reduction credits represented thereon were not real, surplus, permanent, and quantifiable, or that the person certifying the credits was in violation of any emission limitation of a permit issued by the department or EPA, or any RACT or offset requirement under the Clean Air Act 
 and RSA 125-C.


Source. 1994, 397:2. 1996, 228:106, eff. July 1, 1996.

    125-J:11-a Escrow Authority. 

I. The commissioner, in consultation with the treasurer of the state of New Hampshire, may establish non-interest-bearing escrow accounts to facilitate the acquisition of ERCs, DERs, and other emissions reduction mechanisms. The commissioner shall maintain and publish, on or before January 1 and July 1 of each year, a list of all escrow accounts established, the balance of tons of each account, and the amount of moneys held within each account.

II. Escrow accounts may be used to satisfy the portion of any offset requirement that exceeds a ratio of 1:1 but shall not be used to satisfy the portion of any requirement which is less than or equal to 1:1. Escrow accounts may also be used to satisfy past-due RACT requirements, but the balance, in tons, in any such escrow account shall annually decrease by at least 20 percent of the original amount through the purchase of ERCs, DERs, or other emissions reduction mechanisms. The balance of any such escrow account shall be kept in tons, and the balance of each such account shall be increased by one percent at the end of each month.

III. The establishment, maintenance, operation, and termination of such escrow accounts shall be permitted in accordance with rules adopted by the commissioner pursuant to this chapter. The commissioner shall require that, at the end of each month, money shall be held within each such escrow account equal to at least 110 percent of the current market price per ton of ERCs, DERs, or other emissions reduction mechanisms times the balance, in tons, of that escrow account. Current market prices shall be determined by the commissioner.


Source. 1996, 230:9, eff. July 1, 1996.

    125-J:11 Advisory Committee. 

I. There is established the air pollution advisory committee composed of the following members:

(a) Two representatives, appointed by the speaker of the house of representatives, of whom at least one shall be a member of the house science, technology, and energy committee. One representative shall be a member of a minority party.

(b) Two senators, appointed by the senate president.

(c) The governor, or designee.

I-a. The following additional members, whose terms shall be coterminous with their terms of office, shall be non-voting members of the committee and shall supply the committee with any information that it requests concerning matters subject to its purview:

(a) The commissioner of safety, or designee.

(b) The commissioner of environmental services, or designee.

II. The committee shall elect a chairperson and vice-chairperson, and meetings shall be at the call of the chair or a majority of committee members. The terms of the members shall be coterminous with their terms of office.

III. The committee shall perform an ongoing evaluation of the effectiveness of the following subjects and report its findings and recommendations to the governor and council, the speaker of the house, the senate president, the senate clerk, the house clerk, the state library, the house environment and agriculture, the science, technology and energy, and the commerce, small business, consumer affairs and economic development committees and the senate environment and economic development committees by October 1 of each year:

(a) The effectiveness of vehicle emission related portions of the motor vehicle safety inspection.

(b) The effectiveness of the emission reductions credits trading program.

IV. The committee shall also review and make recommendations to the commissioner on any proposed rule to be adopted under this chapter.


Source. 1994, 397:2. 1995, 9:15, 16. 1998, 207:2, eff. June 18, 1998. 2020, 37:24, eff. July 29, 2020.

    125-J:12 Rulemaking Authority;  Submission. 

I. Notwithstanding RSA 541-A, the commissioner shall adopt special temporary rules not subject to RSA 541-A as expeditiously as possible after July 1, 1996, except that the department shall hold a public hearing on the proposed special temporary rules and shall provide the public with notice of the hearing and an opportunity to testify and comment in writing, in accordance with the terms of the notice. The commissioner shall submit proposed rules pursuant to RSA 541-A as expeditiously as possible after the issuance of Environmental Protection Agency guidance. Such temporary and permanent rules shall include, but not be limited to, the following:

(a) The forms and information required on applications for the certification of emissions reduction credits.

(b) The methods to be used to determine that emissions reductions by all eligible sources and devices are real, surplus, quantifiable, enforceable, and permanent for the life of the credit.

(c) The allowable emissions controls for use in achieving emissions reductions, including, but not limited to, early implementation of future emissions controls and seasonal controls.

(d) The criteria for the modification, suspension, and revocation of an emissions reduction credits certificate.

(e) The data and information required for the monitoring of ERCs.

(f) Public notice and hearing procedures for the certification and revocation of emissions reduction credits.

(g) Interstate trading of emissions reduction credits.

(h) Procedures for implementing trading and banking programs for all emissions reduction credit mechanisms.

II. Any proposed special temporary rules to be adopted under paragraph I shall be submitted for review and recommendation to the air pollution advisory committee and the air resources council at least 30 days prior to adoption. Any proposed rules to be adopted pursuant to RSA 541-A shall be submitted to the air pollution advisory committee for review and recommendation at least 30 days prior to filing a notice of proposed rule with the director of legislative services under RSA 541-A:6. Any proposed allocations of any emissions reduction mechanisms pursuant to RSA 125-J:4-b shall be submitted to the air pollution advisory committee for review and recommendation at least 30 days prior to the allocation.


Source. 1994, 397:2. 1995, 262:3. 1996, 230:10, 11. 1998, 207:3. 1999, 46:4, 5, eff. May 21, 1999.

    125-J:13 Repealed by 2010, 59:2, II, eff. Jan. 1, 2014. 

    125-J:14 Repealed by 2010, 59:2, III, eff. Jan. 1, 2014. 

    125-J:2-a Trading and Bank Programs. 

The department may establish trading and bank programs regarding discrete emissions reductions, NOx budget allowances, or other emissions reduction credit mechanisms to facilitate compliance with the requirements of the Clean Air Act.


Source. 1996, 230:6, eff. July 1, 1996; 230:12, eff. July 1, 1996 at 12:01 a.m.

    125-J:2 Establishment. 

There is established an emissions reduction credits trading program to facilitate compliance with the requirements of the Clean Air Act.


Source. 1994, 397:2, eff. Aug. 9, 1994.

    125-J:3-a Escrow Authority. 

The commissioner may accept payments to be held in an escrow account to be used for the purchase of emissions reduction credits, discrete emissions reduction credits, NOx budget allowances, and other emissions reduction credit mechanisms, until such time as credits, allowances or other mechanisms are available for trading or banking in a trading or banking program.


Source. 1996, 230:7, eff. July 1, 1996.

    125-J:3 Nature of Emissions Reduction Credits. 

I. An emissions reduction credit certified by the department and issued to a device or source under this chapter is a limited authorization to hold and transfer such credits. Emissions reduction credits do not constitute a property right. Nothing in this chapter shall be construed as modifying the requirements of the Clean Air Act 
 or RSA 125-C, as amended.

II. Emissions reduction credits, once certified and issued by the department, may be received, held, temporarily and permanently transferred and used in accordance with the provisions of this chapter and the Clean Air Act.


Source. 1994, 397:2, eff. Aug. 9, 1994.

    125-J:4-a Registration of Emissions Reduction Mechanisms. 

The department may also establish and administer a process for the registration, revocation, and enforcement of discrete emissions reductions, NOx budget allowances, and all other emissions reduction mechanisms for any air pollutants in accordance with the Clean Air Act.
 The use of DERs, NOx budget allowances and other emissions reduction mechanisms shall be permitted as approved by EPA and in accordance with rules adopted by the commissioner pursuant to this chapter.


Source. 1996, 230:8, eff. July 1, 1996.

    125-J:4-b Allocation of Emissions Reduction Mechanisms. 

The department may also establish and administer a process for the allocation of NOx budget allowances, emissions reduction credits, discrete emission reductions, and other emissions reduction mechanisms which it is assigned by the federal government or interstate agreements or which it acquires in any other manner, except for shutdown of devices and sources. The department may allocate emissions reduction mechanisms without receiving payment in return.


Source. 1999, 46:2, eff. May 21, 1999.

    125-J:4 Certification of Emissions Reduction Credits. 

I. The department shall establish and administer a process for the application, certification, revocation and enforcement of emissions reduction credits for the following regulated pollutants: volatile organic compounds (VOCs), oxides of nitrogen (NOx), and carbon monoxide (CO).

II. Any person may be credited with emissions reductions occurring after December 31, 1990.

III. The department shall issue emissions reduction credits to any person upon certification by the department that the emissions reductions are real, surplus, quantifiable, enforceable, and permanent, and that a device or source is not in violation of any emissions limitation of a permit issued by the department or EPA, any consent agreement, or court order.

IV. The department shall issue an emissions reduction credit certificate to any person having certified emissions reduction credits. The certificate shall be in the name of the permit holder for a device or source, and in the name of the person certifying the emissions reduction for the device, area source, mobile source, and sources exempt from permitting requirements under RSA 125-C. The total amount of ERCs certified to a device, area source, mobile source, and source, together with any conditions required to ensure that such ERCs remain real, surplus, permanent, enforceable and quantifiable for the life of the ERC, shall be recorded on the certificate and, for every permitted device and source, as an amendment to any permit issued for the device or source by the department or by the EPA.

V. All emissions reductions obtained from devices, area sources, mobile sources, and sources shall be eligible for certification, regardless of whether the reductions were generated from emissions previously regulated under permits issued by the department or EPA, provided that the department determines that the reductions are real, surplus, quantifiable, enforceable and permanent, and that such reductions are certified in accordance with the Clean Air Act.

VI. Emissions reductions shall be certified for use on a calendar year basis. The minimum amount of emissions reductions eligible under this chapter for certification shall be 1 ton per calendar year, per pollutant. ERCs shall be certified in a ratio of 1 ton per calendar year of credit for 1 ton per calendar year of reduction for each pollutant. Emissions reductions of less than 1 ton may be aggregated in order to achieve the minimum 1 ton requirement.

VII. The commissioner may suspend, modify, or revoke any emissions reduction credits certificate issued under this chapter, or any portion thereof, upon a finding, following a hearing:

(a) That the certificate holder has committed a violation of this chapter, or any rule, order, permit, or certificate condition in force and applicable to it;

(b) That the certificate contains a material mistake or that the certificate, or its terms or conditions, were established and issued on the basis of inaccurate information; or

(c) That the certificate issued must be revised to assure that the reductions represented thereon are and remain quantifiable, real, permanent, enforceable and surplus, and in compliance with all terms and conditions issued thereto.


Source. 1994, 397:2. 1996, 228:104, 106, eff. July 1, 1996.

    125-J:5 Use of Emissions Reduction Credits. 

I. The department shall maintain and publish on January 1 and July 1 of every year a list of emissions reduction credit certificates which have been issued. The department shall update the list on a monthly basis no later than the 10th day of the month, and shall make the updated list available upon request under RSA 91-A. An emissions reduction credit certificate and the ERCs represented thereon shall be transferable among and between persons, as defined in RSA 125-C:2, X, and the state upon 7 days' prior written notice to the department.

II. Emissions reduction credits may be received, held, and transferred for so long as the credits are certified by the department. Any person as defined in RSA 125-C:2, X and the state may transfer any amount of ERCs at any time during the calendar year as provided in this chapter.

III. Emissions reduction credits may be used by a device or source to satisfy any requirement under the Clean Air Ac 
t or RSA 125-C for offsets, RACT, bubbling and netting, in accordance with the provisions of this chapter and as otherwise provided by the Clean Air Act and RSA 125-C. Emissions reduction credits shall not be used by a device or source to meet the requirements of, or result in a violation of, federal New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAPS), the requirements for Lowest Available Emission Rate (LAER), the requirements for Best Available Control Technology (BACT), the requirements for Maximum Available Control Technology (MACT), any National Ambient Air Quality Standard for criteria pollutants, any Prevention of Significant Deterioration (PSD) increment, or any reduction required as the result of any state or federal enforcement action, consent agreement, or court order.

IV. ERCs to be used in satisfying any offset requirement under the Clean Air Act
 or RSA 125-C, and the regulations and rules promulgated thereunder, respectively, shall be transferred on a permanent basis. ERCs to be used in satisfying any RACT requirement under the Clean Air Act or RSA 125-C and the regulations and rules promulgated thereunder, respectively, may be transferred on a temporary or permanent basis.

V. ERCs held for future use in any calendar year shall not be aggregated for any purpose with ERCs certified for use in any other calendar year.

VI. ERCs to be used for the purpose of satisfying any RACT requirement shall have been obtained by the same source or device or another source or device in the same nonattainment area. ERCs to be used for the purpose of satisfying any offset requirement shall have been obtained in accordance with the Clear Air Act 
 and RSA 125-C and the rules promulgated thereunder.

VII. Emissions reduction credits which have been certified to, or emissions reductions which are eligible for certification to, a device or source which shuts down its production operations shall be shutdown emissions credits and shall revert to the state for use consistent with this chapter, except where such ERCs are to be used at other devices and sources within the state by the person or persons who owned, operated or controlled the device or source that was shutdown.

VIII. Shutdown emissions credits obtained by the state pursuant to this chapter shall be used or held for use by the governor and council for meeting any requirement of the state implementation plan, any attainment demonstration under the Clean Air Act,
 or for the transfer to new or existing devices and sources in the state which require offsets under the Clean Air Act. No less than 75 percent of shutdown emissions credits generated in serious nonattainment areas shall be applied to requirements applicable in serious nonattainment areas.

IX. Transfers of shutdown emissions credits to new or existing sources and devices to meet offset requirements shall be temporary in nature and at no cost, except as otherwise provided in this section. An owner of a source or device who desires to receive a transfer of credits shall file an application with the department setting forth the following information:

(a) Whether and to what extent the acquisition of the credits will result in job retention;

(b) How use of the credits will result in economic development in New Hampshire;

(c) Whether the applicant's company offers prospects for long-term growth and job creation;

(d) Whether the applicant's company is a New Hampshire business or is relocating to New Hampshire;

(e) The market value of the credits and the information used to make such determination;

(f) The date that the applicant submitted or will submit to the department an application for an air permit under RSA 125-C:11, which shall be a prerequisite for the transfer of credits;

(g) The air quality classification of the area where the source or device will be located;

(h) The date that the source or device is estimated to commence operation; and

(i) The number of offsets required to comply with requirements of the Clean Air Act.

X. The department shall review the application and provide the governor and council with a written recommendation that addresses the information submitted by the applicant. Priority shall be given to applications that result in job retention and that assist existing New Hampshire businesses.

XI. An applicant that receives a transfer of shutdown emissions credits from the governor and council shall:

(a) Return the credits to the state, upon notice of the department, if the applicant's permit application under RSA 125-C:13 is denied or the source or device is not constructed or fails to commence operation; or

(b) Within 18 months of commencing operation of the source or device:

(1) Return the shutdown emissions credits to the state and acquire the necessary ERCs from elsewhere to continue operation, as approved by the department; or

(2) If some or all of the necessary ERCs to continue operation are not readily available to the applicant, as determined by the department, retain such quantity of shutdown emissions credits and purchase them from the state at a value, as can best be determined by the department, that will enable the state to later acquire a number of ERCs equal to the number of shutdown emissions credits retained and purchased by the applicant. If the department does not anticipate that ERCs will be readily available in the foreseeable future for the state to purchase, the governor and council shall determine the purchase value of the retained shutdown emissions credits after receipt of a written recommendation from the department.

XII. Funds from the sale of shutdown emissions credits shall be deposited in a special account within the air resources permit fund to be used by the governor and council for the acquisition and generation of ERCs that shall be used for the same purposes and administered in the same manner as shutdown emission credits.

XIII. The use of emissions reduction credits by a utility, as defined in RSA 362:2, shall be subject to such additional conditions as ordered pursuant to applicable law by the public utilities commission.


Source. 1994, 397:2. 1999, 46:3. 2010, 127:1, eff. June 9, 2010.

    125-J:6 Trading of Emission Reduction Credits. 

I. ERCs generated by devices and sources subject to RACT which are transferred to devices and sources subject to RACT shall be transferred in the ratio of 1:1.

II. ERCs generated by devices, area sources, mobile sources, and sources not subject to RACT which are transferred for use by devices and sources in satisfying any RACT requirement under the Clean Air Act 
 and RSA 125-C shall be transferred in accordance with the offset ratios for nonattainment areas as provided in the Clean Air Act.

III. ERCs certified for reductions of either nitrogen oxides (NOx) or volatile organic compounds (VOCs) under RSA 125-J:4, I, shall be eligible to satisfy any applicable offset requirements for the other upon a determination that such proposed substitution does not jeopardize any attainment demonstration and does not violate any applicable requirement of the National Emissions Standards for Hazardous Air Pollutants (NESHAPS), and upon the approval of EPA. Substitution of NOx and VOCs reductions shall be in a ratio approved by the department and EPA.

IV. The ratios provided in paragraphs I, II, and III are established solely for the purpose of transferring ERCs between devices and sources and do not modify, amend or supercede any offset requirements of the Clean Air Act.

V. Interstate trading of ERCs shall be permitted as approved by EPA and in accordance with rules adopted pursuant to this chapter.


Source. 1994, 397:2. 1996, 228:106, eff. July 1, 1996.

    125-J:7 Inspection and Monitoring. 

I. For the purpose of determining compliance with this chapter, any rule adopted by the commissioner relative to this chapter or an emissions reduction credit certificate issued under this chapter, an employee or authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:

(a) Enter any facility containing a device or source of air pollution;

(b) Inspect and photograph devices and sources which produce or control air pollution and air contaminates, and obtain samples of materials processed in, and generated from, the devices and sources in the facility; and

(c) Inspect and copy records, information or test results relating to air pollution, air contaminates, devices and sources which produce or control air pollution and air contaminates, emissions reductions implemented or to be implemented at a device or source, and emissions reductions credits which have been applied for by a device or source, or issued by the department.

II. The commissioner may require persons certifying and using ERCs to collect, maintain, and submit data necessary to ensure that ERCs are and remain in compliance with all requirements of this chapter and the Clean Air Act,
 and with the conditions of the emissions reduction credits certificates issued hereunder.

III. Information obtained by or submitted to the department under this chapter which, in the judgment of the department, constitutes a trade secret, shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for a hearing. The protection against unauthorized disclosure of trade secret information under this chapter shall not exceed that permitted under RSA 91-A. The department may provide information relating to trade secrets to the EPA, provided that the EPA guarantees the same degree of confidentiality afforded by the department.


Source. 1994, 397:2. 1996, 228:23, 104, eff. July 1, 1996.

    125-J:8 Enforcement. 

I. Whenever the commissioner finds that a person who has been issued an ERC has violated the provisions of this chapter, any rules in force hereunder, or any condition of an emissions reduction credits certificate issued hereunder, including such conditions incorporated into permits issued by the department or EPA, the commissioner shall issue a notice of violation and an order of abatement establishing a compliance schedule with which the device, area source, mobile source, and source shall comply. Such order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly and shall thereafter issue a decision upholding, modifying or abrogating the commissioner's order or abatement or any part thereof. The council's decision shall become final 10 days after it is issued.

I-a. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, any rule adopted pursuant to this chapter, or any permit, compliance schedule, stop use order, or order of abatement issued pursuant to this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the general fund.

(a) Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

(b) The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b).

(c) The commissioner may assess an additional fine for repeat violations.

II. Any violation of this chapter, any rule adopted or final orders issued under this chapter, and any emissions reduction credits certificates issued under this chapter shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application by the attorney general.


Source. 1994, 397:2. 1996, 228:104, 106; 247:14, eff. Jan. 1, 1997.

    125-J:9 Penalties. 

I. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, and any person who omits material information or makes any false statement or representation in connection with the certification of emission reduction credits shall be subject to a civil penalty not to exceed $25,000 for each violation and each day of a continuing violation.

II. Any person who knowingly or willfully violates any of the provisions of this chapter or any rule adopted or order issued under this chapter, and any person who knowingly or willfully omits material information or makes any false statement or representation in connection with the certification of emissions reduction credits shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

III. Any person found guilty of any violation pursuant to RSA 125-J:8, II, notwithstanding RSA 651:2, and in addition to any sentence of imprisonment, probation, or conditional discharge, may be fined not more than $25,000 for each violation and each day of a continuing violation.


Source. 1994, 397:2, eff. Aug. 9, 1994.

    125-M:1 Findings and Purpose. 

I. The general court finds that mercury is a persistent, toxic pollutant that accumulates in the food chain and poses a significant adverse threat to the state's public health and welfare and to the natural environment, including fish and wildlife. As a potent neurotoxin, mercury exposure in humans can lead to birth defects, brain damage, elevated blood pressure, abnormal heart rhythms, low grade intermittent fevers, gastrointestinal irritation, muscle degeneration, and even death. The effects of mercury exposure on plants include decreased chlorophyll production, inhibited growth, root and leaf damage, accelerated aging, and death. Reproductive problems are the primary concern for birds. In response to the human health risk posed by mercury, the state of New Hampshire has issued a statewide advisory on the consumption of fresh water fish. This fish consumption advisory applies to all freshwater fish species collected from all inland waters. It advises women of childbearing age and young children to limit their consumption of freshwater fish to no more than one meal per month; all other people are advised to limit their consumption to no more than 4 meals per month. The Department of the Interior and the Department of Commerce have estimated that fishing expenditures in the state equal approximately $320 million annually, while the American Sportfishing Association has estimated that these expenditures support about 7,700 jobs in New Hampshire. Consequently, mercury deposition may have an impact on New Hampshire's recreational economy.

II. The general court further finds that deposition of mercury and mercury compounds is occurring in the state of New Hampshire. While the majority of emissions originate from sources outside of New Hampshire, sources within the state also contribute to mercury deposition in New Hampshire and in the northeast region. Therefore, it is incumbent upon the state of New Hampshire to undertake prudent action to reduce its contribution to mercury deposition. Approximately 98 percent of the mercury emitted by anthropogenic (man-made) sources in New Hampshire comes from the incineration of municipal solid waste and medical waste, and from the combustion of fossil fuels, such as coal and oil.

III. The general court acknowledges that in June of 1998, the New England states and the eastern Canadian provinces jointly endorsed the implementation of a Regional Mercury Action Plan calling for the virtual elimination of anthropogenic mercury emissions, with an interim goal of reducing mercury emissions 50 percent by the year 2003.

IV. The general court recognizes the importance of additional research into the human health and ecological impacts of mercury contamination, the development of technologies to reduce and measures to avoid mercury emissions to the ambient air from sources such as coal-burning electricity generation plants, and the assessment of the relative cost-effectiveness of such technologies and measures. The general court finds, however, that reducing the substantial mercury emissions from municipal waste combustors and hospital, medical and infectious waste incinerators through the use of existing technology where it can be applied cost effectively is prudent environmental policy for the state of New Hampshire.

V. Ash landfills which serve municipal waste combustors may experience increased mercury levels in the ash disposed at such landfills as a result of efforts to lower mercury emissions from such municipal waste combustors. Therefore, the general court finds that it is appropriate to implement mercury controls on municipal waste combustors after the department of environmental services conducts a detailed study and review of the ash landfills in the state to make certain that all necessary safeguards are in place to protect against environmental degradation from such sources and ensure the protection of drinking water supplies.


Source. 1999, 350:1, eff. Jan. 21, 2000.

    125-M:2 Definitions. 

I. "
Commissioner
" means the commissioner of the department of environmental services.

II. "
Control efficiency
" means the percentage of mercury removed by the pollution control system expressed as a percentage of the total mercury that is introduced into the pollution control system.

III. "
Department
" means the department of environmental services.

IV. "
Design capacity
" means the maximum design 24-hour charging rate of a municipal waste combustor capable of continuously burning municipal solid waste.

V. [Repealed.]

VI. "
Governor
" means the governor of the state of New Hampshire.

VII. "
Hospital, medical and infectious waste incinerator
" means any device that combusts any amount of hospital waste or medical/infectious waste.

VIII. "
Hospital waste
" means discards generated at a hospital, except unused items returned to the manufacturer. Hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

IX. "
Medical/infectious waste
" means "medical/infectious waste" as defined in 40 CFR 60.51c.

X. "
Municipal solid waste
" means solid waste generated at residences, commercial or industrial establishments, and institutions, but excluding construction and demolition debris, automobile scrap and other motor vehicle waste, infectious waste, asbestos waste, contaminated soil and other absorbent media and ash other than ash from household stoves.

XI. "
Municipal waste combustor
" or "
combustor
" means a device that combusts solid, liquid, or gaseous municipal solid waste for the primary purpose of volume reduction or disposal. Municipal waste combustors do not include internal combustion engines, gas turbines, or other combustion devices that combust landfill gases collected by landfill gas collection systems.

XII. "
Solid waste
" means "solid waste" as defined by RSA 149-M:4, XXII.


Source. 1999, 350:1. 2002, 172:5, eff. May 15, 2002.

    125-M:3 Mercury Reduction and Control Program. 

The department shall develop a mercury reduction and control program. The program shall include, but is not limited to, the following:

I. Any municipal waste combustor with a design capacity to burn 100 tons per day or more of municipal solid waste shall reduce its mercury emissions to achieve a mercury emission rate of no greater than 0.028 mg/dscm corrected to 7 percent oxygen by volume on a dry basis, or at least 85 percent control efficiency.

II. The department shall evaluate the technical and economic feasibility of establishing a mercury emission limit of 0.028 mg/dscm corrected to 7 percent oxygen by volume on a dry basis for:

(a) Municipal waste combustors with a design capacity to burn less than 100 tons per day of municipal solid waste; and

(b) Hospital, medical and infectious waste incinerators.

III. The department shall evaluate the technical and economic feasibility of establishing a mercury emission limit for coal-burning electricity generation plants.


Source. 1999, 350:1. 2002, 172:1, eff. May 15, 2002.

    125-M:4 Rulemaking Authority. 

The commissioner shall adopt rules, under RSA 541-A relative to:

I. Procedures and frequency for stack testing, testing protocols, measurement methods, and other such actions as may be necessary to verify compliance with this chapter.

II. Fees for implementing and enforcing the terms and conditions relating to reduction of mercury emissions of a permit issued in accordance with RSA 125-C.


Source. 1999, 350:1, eff. Jan. 21, 2000.

    125-M:5 Compliance. 

No person shall operate a municipal waste combustor with the design capacity to burn 100 tons per day or more of municipal solid waste without a temporary or operating permit issued by the department in accordance with RSA 125-C. Any source subject to this section shall file a complete application for a permit or permit modification under the provisions of RSA 125-C and a plan for achieving compliance with this chapter.


Source. 1999, 350:1. 2002, 172:2, eff. May 15, 2002.

    125-M:6 Enforcement. 

I. All of the enforcement provisions of RSA 125-C:15 shall apply to violations of this chapter.

II. Each day of a continuing violation shall constitute a separate violation.


Source. 1999, 350:1, eff. Jan. 21, 2000.

    125-M:7 Variances. 

Any variance granted under this chapter shall be granted by the commissioner upon application and after a hearing, in accordance with RSA 125-C:16.


Source. 1999, 350:1, eff. Jan. 21, 2000.

    125-N:1 Findings and Purpose. 

I. The general court finds that the air pollutant dioxin is a persistent bioaccumulative toxic (PBT) compound that accumulates in the food chain, posing a significant adverse threat to New Hampshire's public health and welfare and to its natural environment, including fish and wildlife. As a potent toxicant, dioxin can cause a number of adverse effects in humans including reproductive and developmental disorders, suppression of the immune system, and cancer.

II. The term "dioxin" actually refers to a group of chemical compounds that share certain similar chemical structures and mode-of-action biological characteristics. There are a total of 17 dioxin-like compounds that are members of 2 closely related families: chlorinated dibenzo-p-dioxins (CDDs) and chlorinated dibenzofurans (CDFs). Although some dioxin is produced naturally, it is mainly emitted as an unintended byproduct of a number of human activities. In the backyard burning of domestic waste, incomplete combustion occurs, resulting in dioxin formation. Dioxin builds up in soils, sediments, and plants; bioaccumulates in animal and fish tissue; and passes up the food chain to humans.

III. The general court further finds that while the majority of dioxin deposited in New Hampshire originates from sources outside of the state, sources within the state also contribute to deposition of dioxin in New Hampshire and in the northeast region. Dioxin emitted by anthropogenic (man-made) sources in New Hampshire comes from a number of sources including the backyard burning of trash and other combustible waste. The general court finds that the department should conduct further research and attempt to quantify the sources of dioxin emitted in New Hampshire.

IV. The general court recognizes the importance of continuing research into the human health and ecological effects of dioxin contamination. The general court also recognizes that due to existing state and federal regulations, releases of dioxin to the environment nationally have declined significantly over the past 25 years, and will continue to decline for some industrial sources as new federal regulations are implemented. Further, the general court recognizes that cost-effective technologies and pollution prevention practices need to be studied, developed and, where appropriate, implemented to reduce dioxin emissions. The general court finds, however, that some steps to reduce the dioxin pollution to which New Hampshire citizens are subjected are readily available, and that such steps should be promptly undertaken. Initial research by the department of environmental services indicates that backyard burning produces 17 percent of the dioxin emitted in New Hampshire. This figure comes from actual testing of pollution emitted by a typical burn barrel, multiplied by an estimated 5,000 such barrels in the state. Fire chiefs surveyed by the department of environmental services reported that there are probably more than 5,000 such barrels, indicating that the 17 percent figure could be low. The general court finds that imposing a ban on backyard burning of trash and other combustible domestic waste is a readily available step, and as such, represents a prudent policy for the protection of public health and the environment in the state of New Hampshire.


Source. 2001, 285:1, eff. July 16, 2001.

    125-N:2 Definitions. 

In this chapter:

I. "
Commissioner
" means the commissioner of the department of environmental services.

II. "
Department
" means the department of environmental services.

III. "
Person
" means any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.

IV. "
Combustible domestic waste
" means combustible waste such as, but not limited to, household trash, packaging materials, plastics, coated or laminated papers, rubber, painted or treated wood, coated or treated cardboard, oily rags, and animal, vegetable, and kitchen waste. The term does not include untreated wood, leaves, brush, or paper products generated at a residence.

V. "
Stationary source
" means "stationary source" as defined in RSA 125-C:2, XI.

VI. "
Medical waste incinerator
" means any device that combusts any amount of hospital waste or medical/infectious waste, except for municipal waste combustors, cement kilns, and combustors required to have a permit under 42 U.S.C., section 6925.

VII. "
Hospital waste
" means waste generated at a hospital, except unused items returned to the manufacturer. Hospital waste does not include human corpses, remains, and anatomical parts that are intended for interment or cremation.

VIII. "
Medical/infectious waste
" means any solid waste that is generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals. Medical/infectious waste does not include any hazardous waste regulated under RSA 147-A.


Source. 2001, 285:1. 2004, 13:1, eff. June 4, 2004.

    125-N:3 Dioxin Emissions Reduction and Control Program. 

I. The department shall develop a dioxin emissions reduction and control program. The program shall include, but not be limited to, the following:

(a) Studying the human health and ecological impacts of dioxin emissions and contamination.

(b) Encouraging the development of, and evaluating, technologies and pollution prevention practices, to reduce or eliminate dioxin emissions to the ambient air from stationary sources.

(c) Promoting residential, commercial, and industrial energy efficiency and conservation programs to reduce or eliminate dioxin emissions.

(d) Supporting and encouraging federal legislation to reduce dioxin emissions from motor vehicles and other mobile sources.

(e) Continuing pollution prevention efforts, including recycling and outreach and education efforts, to reduce or eliminate dioxin emissions to the ambient air from municipal waste combustors and medical waste incinerators.

(f) Conducting public education and outreach regarding the public health and environmental impacts of backyard trash burning and other sources of dioxin emissions.

(g) Researching and attempting to quantify the sources of dioxin.

II. The department shall not implement or impose dioxin emission limits for emissions resulting from stationary source combustion of virgin petroleum fuels, coal and untreated wood and wood products without further legislative authorization unless such limits are required to be implemented or imposed under federal authority enacted or promulgated after the effective date of this section.


Source. 2001, 285:1, eff. July 16, 2001.

    125-N:4 Prohibition;  Residential Open Burning of Combustible Domestic Waste. 

Notwithstanding RSA 227-L:17, II, the residential open burning of combustible domestic waste is prohibited.


Source. 2001, 285:1, eff. July 16, 2001.

    125-N:5 Education and Enforcement. 

I. The commissioner, in consultation with the commissioner of the department of natural and cultural resources, shall take reasonable measures to educate the public about the environmental impact of backyard burning and the requirements of this chapter.

II. The commissioner shall have the authority to enforce the provisions of this chapter. Any person who violates the provisions of this chapter shall be guilty of a violation and may be assessed an administrative fine for a first offense not to exceed $100 and for subsequent offenses not to exceed $250.

III. Nothing in this chapter shall limit any enforcement or penalty provisions contained in RSA 227-L.


Source. 2001, 285:1, eff. July 16, 2001. 2017, 156:14, I, eff. July 1, 2017.

    125-N:6 Medical Waste Incinerators;  Construction and Operation Prohibitions. 

I. The construction of a new medical waste incinerator, the modification of an existing medical waste incinerator which increases the amount of any air pollutant emitted by the incinerator, the conversion of a facility into a medical waste incinerator, or the reactivation of a closed medical waste incinerator is prohibited.

II. Beginning on January 1, 2014, the operation of any existing medical waste incinerator is prohibited.


Source. 2004, 13:2, eff. June 4, 2004.

    125-O:1 Findings and Purpose. 

I. The general court finds that while air quality has improved in recent years, scientific advances have demonstrated that adequate protection of public health, environmental quality, and economic well-being-the 3 cornerstones of New Hampshire's quality of life-requires additional, concerted reductions in air pollutant emissions. The general court also finds that the state's tradition of environmental leadership-setting an example for similarly feasible air pollution reductions from upwind jurisdictions-is also well served by additional emission reductions.

II. Recent studies and scientific evidence, documented in the New Hampshire Clean Power Strategy issued in January 2001 by the department of environmental services, indicates that significant negative human health and ecosystem impacts continue to be caused by air pollution. The general court finds that the substantial quantities of several harmful air pollutants that continue to be emitted from existing fossil fuel burning steam electric power plants, despite recent reductions in the emission of certain air pollutants from some of these facilities, contribute to these harmful impacts and that additional emissions reductions from these sources are warranted.

III. Specifically, the general court finds that aggressive further reductions in emissions of sulfur dioxide (SO
2), oxides of nitrogen (NOx), mercury, and carbon dioxide (CO
2) must be pursued. These pollutants are primarily responsible for the human health and ecosystem impacts documented in the New Hampshire Clean Power Strategy issued in January 2001 by the department of environmental services.

IV. The general court finds that, as demonstrated by recent analyses, a high quality-of-life environment has been, and will continue to be, essential to New Hampshire's economic well-being. The general court further finds that protecting New Hampshire's high quality-of-life environment by reducing air pollutant emissions returns substantial economic benefit to the state through avoided health care costs; greater tourism resulting from healthier lakes and improved vistas; more visits by fishermen, hunters, and wildlife viewers to wildlife ecosystems, and a more productive forest and agricultural sector.

V. For the above reasons and others, the general court finds that substantial additional reductions in emissions of SO
2, NOx, mercury, and CO
2 must be required of New Hampshire's existing fossil fuel burning steam electric power plants. Due to the collateral benefits and economies of scale associated with reducing multiple pollutant emissions at the same time, the general court finds that such aggressive emission reductions are both feasible and cost-effective if implemented simultaneously through a comprehensive, integrated power plant strategy.

VI. The general court also finds that the environmental benefits of air pollutant reductions can be most cost-effectively achieved if implemented in a fashion that allows for regulatory and compliance flexibility under a strictly limited overall emissions cap. Specifically, market-based approaches, such as trading and banking of emission reductions within a cap-and-trade system, allow sources to choose the most cost-effective ways to comply with established emission reduction requirements. This approach also provides sources with an incentive to reduce air pollutant emissions sooner and by greater amounts, promotes the development and use of innovative new emission control technologies, and specifies to the greatest extent possible performance results regarding environmental improvement rather than dictating expensive, facility-specific, command-and-control regulatory requirements. The general court acknowledges that future federal regulations may mandate some facility-specific requirements regarding mercury reductions.

VII. The general court also finds that energy conservation results in direct reductions in air pollutant emissions. Thus, incentives for energy conservation are an important component of an overall clean power strategy. The general court recognizes that energy conservation expenditures made by utilities using system benefits charge funds can benefit all citizens and ratepayers.


Source. 2002, 130:2, eff. July 1, 2002.

[RSA 125-O:10 effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also RSA 125-O:10 
 
set out below.]
    125-O:10 Non-Severability. 

No provision of RSA 125-O:1 through RSA 125-O:18 of this chapter shall be implemented in a manner inconsistent with the integrated, multi-pollutant strategy or RSA 125-O:1 through RSA 125-O:18 of this chapter, and to this end, the provisions of RSA 125-O:1 through RSA 125-O:18 of this chapter are not severable.


[RSA 125-O:10 effective the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also RSA 125-O:10 
 
set out above.]



125-O:10 Non-Severability. 

No provision of this chapter shall be implemented in a manner inconsistent with the integrated, multi-pollutant strategy of this chapter, and to this end, the provisions of this chapter are not severable.



Source. 2002, 130:2. 2008, 182:7. 2012, 281:15, eff. as provided by 2012, 281:17.

    125-O:11 Statement of Purpose and Findings. 

The general court finds that:

I. It is in the public interest to achieve significant reductions in mercury emissions at the coal-burning electric power plants in the state as soon as possible. The requirements of this subdivision will prevent, at a minimum, 80 percent of the aggregated mercury content of the coal burned at these plants from being emitted into the air by no later than the year 2013. To accomplish this objective, the best known commercially available technology shall be installed at Merrimack Station no later than July 1, 2013.

II. The department of environmental services has determined that the best known commercially available technology is a wet flue gas desulphurization system, hereafter "scrubber technology," as it best balances the procurement, installation, operation, and plant efficiency costs with the projected reductions in mercury and other pollutants from the flue gas streams of Merrimack Units 1 and 2. Scrubber technology achieves significant emissions reduction benefits, including but not limited to, cost effective reductions in sulfur dioxide, sulfur trioxide, small particulate matter, and improved visibility (regional haze).

III. After scrubber technology is installed at Merrimack Station, and after a period of operation has reliably established a consistent level of mercury removal at or greater than 80 percent, the department will ensure through monitoring that that level of mercury removal is sustained, consistent with the proven operational capability of the system at Merrimack Station.

IV. To ensure that an ongoing and steadfast effort is made to implement practicable technological or operational solutions to achieve significant mercury reductions prior to the construction and operation of the scrubber technology at Merrimack Station, the owner of the affected coal-burning sources shall work to bring about such early reductions and shall be provided incentives to do so.

V. The installation of scrubber technology will not only reduce mercury emissions significantly but will do so without jeopardizing electric reliability and with reasonable costs to consumers.

VI. The installation of such technology is in the public interest of the citizens of New Hampshire and the customers of the affected sources.

VII. Notwithstanding the provisions of RSA 125-O:1, VI, the purchase of mercury credits or allowances to comply with the mercury reduction requirements of this subdivision or the sale of mercury credits or allowances earned under this subdivision is not in the public interest.

VIII. The mercury reduction requirements set forth in this subdivision represent a careful, thoughtful balancing of cost, benefits, and technological feasibility and therefore the requirements shall be viewed as an integrated strategy of non-severable components.


Source. 2006, 105:1, eff. June 8, 2006.

    125-O:12 Definitions. 

In this subdivision:

I. "
Affected sources
" means existing coal-burning power plant units in this state, specifically Merrimack Units 1 and 2 in Bow and Schiller Units 4, 5, and 6 in Portsmouth.

II. "
Baseline mercury emissions
" means the total annual mercury emissions from all of the affected sources, calculated in accordance with RSA 125-O:14, II.

III. "
Baseline mercury input
" means the total annual mercury input found in the coal used by all of the affected sources, calculated in accordance with RSA 125-O:14, I.

IV. "
Owner
" means the owner or owners of the affected sources.

V. "
Scrubber technology
" means a wet flue gas desulphurization system.


Source. 2006, 105:1, eff. June 8, 2006.

    125-O:13 Compliance. 

I. The owner shall install and have operational scrubber technology to control mercury emissions at Merrimack Units 1 and 2 no later than July 1, 2013. The achievement of this requirement is contingent upon obtaining all necessary permits and approvals from federal, state, and local regulatory agencies and bodies; however, all such regulatory agencies and bodies are encouraged to give due consideration to the general court's finding that the installation and operation of scrubber technology at Merrimack Station is in the public interest. The owner shall make appropriate initial filings with the department and the public utilities commission, if applicable, within one year of the effective date of this section, and with any other applicable regulatory agency or body in a timely manner.

II. Total mercury emissions from the affected sources shall be at least 80 percent less on an annual basis than the baseline mercury input, as defined in RSA 125-O:12, III, beginning on July 1, 2013.

III. Prior to July 1, 2013, the owner shall test and implement, as practicable, mercury reduction control technologies or methods to achieve early reductions in mercury emissions below the baseline mercury emissions. The owner shall report the results of any testing to the department and shall submit a plan for department approval before commencing implementation.

IV. If the net power output (as measured in megawatts) from Merrimack Station is reduced, due to the power consumption requirements or operational inefficiencies of the installed scrubber technology, the owner may invest in capital improvements at Merrimack Station that increase its net capability, within the requirements and regulations of programs enforceable by the state or federal government, or both.

V. Mercury reductions achieved through the operation of the scrubber technology greater than 80 percent shall be sustained insofar as the proven operational capability of the system, as installed, allows. The department, in consultation with the owner, shall determine the maximum sustainable rate of mercury emissions reductions and incorporate such rate as a condition of operational permits issued by the department for Merrimack Units 1 and 2. This requirement in no way affects the ability of the owner to earn over-compliance credits consistent with RSA 125-O:16, II.

VI. The purchase of mercury emissions allowances or credits from any established emissions allowance or credit program shall not be allowed for compliance with the mercury reduction requirements of this chapter.

VII. If the mercury reduction requirement of paragraph II is not achieved in any year after the July 1, 2013 implementation date, and after full operation of the scrubber technology, then the owner may utilize early emissions reduction credits or over-compliance credits, or both, to make up any shortfall, and thereby be in compliance.

VIII. If the mercury reduction requirement of paragraph II is not achieved by the owner in any year after the July 1, 2013 implementation date despite the owner's installation and full operation of scrubber technology, consistent with good operational practice, and the owner's exhaustion of any available early emissions reduction or over-compliance credits, then the owner shall be deemed in violation of this section unless it submits a plan to the department, within 30 days of such noncompliance, and subsequently obtains approval of that plan for achieving compliance within one year from the date of such noncompliance. The department may impose conditions for approval of such plan.

IX. The owner shall report by June 30, 2007 and annually thereafter, to the chairpersons of the house science, technology and energy committee and the senate energy and natural resources committee, on the progress and status of complying with the requirements of paragraphs I and III, relative to achieving early reductions in mercury emissions and also installing and operating the scrubber technology including any updated cost information. The last report required shall be after the department has made a determination, under paragraph V, on the maximum sustainable rate of mercury emissions reductions by the scrubber technology.


Source. 2006, 105:1, eff. June 8, 2006. 2018, 253:2, eff. Aug. 11, 2018. 2022, 137:2, eff. Aug. 6, 2022.

    125-O:14 Measurement of Baseline Mercury Input and Emissions. 

I. Baseline mercury input shall be determined as follows:

(a) No later than the first day of the second month following the effective date of this section, and continuing for 12 months thereafter, a representative monthly sample of the coal used traditionally (not to include trial or test coal blends) by each affected source shall be collected from each of the units identified in subparagraph (b) and analyzed to determine the average mercury content of the fuel for each unit expressed in pounds of mercury input per ton of coal combusted at each affected source. The mercury content of the coal derived from these analyses for each affected source shall be multiplied by the average annual throughput of coal for the period 2003, 2004, and 2005 (average tons of coal combusted per year) for each respective affected source to yield the average pounds of mercury input per year into each affected source. The sum of these annual input pound averages from each affected source shall equal the baseline mercury input.

(b) Determination of the mercury content of the coal shall follow appropriate ASTM testing procedures (ASTM D3684-01). For purposes of baseline mercury input determination, coal sampling shall occur at Merrimack Unit 1 and Unit 2, and at either Schiller Unit 4 or Unit 6, which shall serve to represent all Schiller units. At least 4 of the samples taken from each of these units shall correspond with the stack testing done at each of these units under paragraph II.

II. Baseline mercury emissions shall be determined as follows:

(a) A minimum of 4 stack tests shall be conducted at each of the units specified in subparagraph (b) using appropriate testing protocols, to determine a statistically valid average mercury emissions rate for each unit expressed in pounds of mercury emitted per ton of coal combusted at each affected source. The rate for each affected source shall be multiplied by the average annual throughput of coal for the period 2003, 2004, and 2005 (average tons of coal combusted per year) for each respective affected source to yield the average pounds of mercury emitted per year from each affected source. The sum of these annual emitted pound averages from each affected source shall equal the baseline mercury emissions.

(b) For purposes of the baseline mercury emissions determination, stack tests shall be conducted at Merrimack Unit 1 and Unit 2, and at either Schiller Unit 4 or Unit 6, which shall serve to represent all Schiller units. If mercury emissions improvements are made or are being made during the testing period, the stack tests shall be conducted without the improvements running at the time of the tests.

III. The owner shall provide its plans to accomplish the testing requirements under paragraphs I and II to the department for its approval. The owner shall provide written reports to the department, for verification and approval, that include the test results and calculations used to determine:

(a) The baseline mercury input. The owner shall submit the report no later than 15 months following the effective date of this section.

(b) The baseline mercury emissions. The owner shall submit the report no later than 18 months following the effective date of this section.


Source. 2006, 105:1, eff. June 8, 2006.

    125-O:15 Monitoring of Mercury Emissions. 

Prior to the availability and operation of continuous emissions monitoring (CEM) systems, and subsequent to the baseline emissions testing under RSA 125-O:14, II, stack tests or another methodology approved by the department shall be conducted twice per year to determine mercury emissions levels from the affected sources. Any stack tests performed shall employ a federally recognized and approved methodology, proposed by the owner and employing a test protocol approved by the department. When a federal performance specification takes effect, and a mercury CEM system capable of meeting the federal specifications becomes available, a mercury CEM system, approved by the department, shall be installed at Merrimack Units 1 and 2 and at other affected sources as deemed appropriate by the department.


Source. 2006, 105:1, eff. June 8, 2006.

    125-O:16 Economic Performance Incentives. 

I. (a) The department shall issue to the owner early emissions reduction credits in the form of credits or fractions thereof for each pound of mercury or fraction thereof reduced below the baseline mercury emissions, on an annual basis, in the period prior to July 1, 2013. Ratios of early reductions credits to pounds of mercury reduced shall be as follows: 1.5 credits per pound reduced prior to July 1, 2008; 1.25 credits per pound for reductions between July 1, 2008 and December 31, 2010; and 1.1 credits per pound for reductions between January 1, 2011 and July 1, 2013.

(b) Reductions shall be calculated based upon the results of stack tests conducted, measurement by continuous emission monitoring, or other methodology approved by the department to confirm emissions during the time of operation of mercury reduction technology. Early emissions reduction credits may be banked by the owner or utilized after July 1, 2013 to meet the reduction requirement of RSA 125-O:13, II as allowed under RSA 125-O:13, VII. Early emissions reduction credits are not sellable or transferable to non-affected sources; however, upon the July 1, 2013 compliance date, the owner may request a one-for-one conversion of early emissions reduction credits to over-compliance credits.

(c) Should a federal rule applicable to mercury emissions at one or more of the affected sources be enacted with an implementation date prior to July 1, 2013, then early reduction credits may only be earned for emissions reductions that exceed the level required by the federal rule of the affected sources in aggregate or the baseline mercury emissions level, whichever is lower, at the same ratios listed in subparagraph (a).

(d) Early emissions reduction credits shall not be used for compliance with the requirement of RSA 125-O:13, II prior to the installation of scrubber technology, and shall not be used as a means to delay the installation of the scrubber technology.

II. (a) The department shall issue to the owner over-compliance credits in the form of credits or fractions thereof for each pound of mercury or fraction thereof reduced in excess of the emissions reduction requirement of RSA 125-O:13, II, on an annual basis, following the compliance date of July 1, 2013. The ratios of over-compliance credits to excess pounds of mercury reduced shall be as follows: 0.5 credits per pound reduced for reductions between 80 and 85 percent; 1 credit per pound reduced for reductions between 85 and 90 percent reduction; and 1.5 credits per pound reduced for reductions of 90 percent or greater. Over-compliance credits may be banked for future use. The requirements of RSA 125-O:13, V shall not alter the emissions levels at which over-compliance credits are earned.

(b) Should a federal rule applicable to mercury emissions at one or more of the affected sources be enacted, then over-compliance credits may only be earned for emissions reductions that exceed the level required by the federal rule of the affected sources in aggregate or the requirement of RSA 125-O:13, II, whichever is lower, at the same ratios listed in subparagraph (a).

(c) At the request of the owner of an affected source, over-compliance credits may be surrendered by the owner to the department and SO
2 allowances shall be transferred to the owner at a rate of 55 tons SO
2 allowances for every one over-compliance credit. Transfer shall be limited to a maximum of 20,000 total tons SO
2 allowances transferred in a given year, defined as the sum of all SO
2 allowances received by the affected sources under RSA 125-O:4, IV(a)(2) and IV(a)(3), and under this subparagraph. SO
2 allowances shall be credited to the affected sources' accounts in the following year in accordance with RSA 125-O:4, IV(a)(4).


Source. 2006, 105:1, eff. June 8, 2006.

    125-O:17 Variances. 

The owner may request a variance from the mercury emissions reduction requirements of this subdivision by submitting a written request to the department. The request shall provide sufficient information concerning the conditions or special circumstances on which the variance request is based to demonstrate to the satisfaction of the department that variance from the applicable requirements is necessary.

I. Where an alternative schedule is sought, the owner shall submit a proposed schedule which demonstrates reasonable further progress and contains a date for final compliance as soon as practicable. If the department deems such a delay is reasonable under the cited circumstances, it shall grant the requested variance.

II. Where an alternative reduction requirement is sought, the owner shall submit information to substantiate an energy supply crisis, a major fuel disruption, an unanticipated or unavoidable disruption in the operations of the affected sources, or technological or economic infeasibility. The department, after consultation with the public utilities commission, shall grant or deny the requested variance. If requested by the owner, the department shall provide the owner with an opportunity for a hearing on the request.


Source. 2006, 105:1, eff. June 8, 2006.

    125-O:18 Cost Recovery. 

If the owner is a regulated utility, the owner shall be allowed to recover all prudent costs of complying with the requirements of this subdivision in a manner approved by the public utilities commission. During ownership and operation by the regulated utility, such costs shall be recovered via the utility's default service charge. In the event of divestiture of affected sources by the regulated utility, such divestiture and recovery of costs shall be governed by the provisions of RSA 369:B:3-a.


Source. 2006, 105:1, eff. June 8, 2006.

    125-O:19 Repealed by 2012, 281:10, II, eff. Jan. 1, 2013. 

    125-O:2 Definitions. 

In this chapter:

I. "
Affected sources
" means existing fossil fuel burning steam electric power plant units in this state, specifically Merrimack Units 1 and 2 in Bow; Schiller Units 4, 5, and 6 in Portsmouth; and Newington Unit 1 in Newington, excluding any of these units that may be repowered.

II. "
Allowance
" means a limited authorization to emit one ton of SO
2, one ton of NOx, one pound of mercury, or one ton of CO
2 during a specified year.

III. "
Commissioner
" means the commissioner of the department of environmental services.

IV. "
Department
" means the department of environmental services.

V. "
Discrete emission reduction
" or "
DER
" means an emission reduction generated over a discrete period of time, and measured in weight (e.g., tons).

VI. "
Ozone transport region
" means the ozone transport region as established by section 184(a) of the Clean Air Act, 42 U.S.C. section 7511c.

VII. "
Person
" means any individual, partnership, firm or co-partnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.

VIII. "
Renewable energy
" means energy derived from hydro, geothermal, wind, solar thermal, photovoltaic, biomass, methane waste, tidal, or other source approved by the department.

IX. "
Repowered unit
" means an affected source that has installed qualifying repowering technology as defined by 40 C.F.R. part 72, or has replaced a unit by a new unit, provided the new replacement unit:

(a) Is on the same or contiguous property as the replaced unit, regardless of owner;

(b) Has a maximum power output rate equal to or greater than the maximum power output rate of the replaced unit; and

(c) Is designed to control, or is equipped with best available technology to control, emissions of multiple pollutants simultaneously, and in conformity with the emissions rates and reductions used to establish RSA 125-O:3.

IX-a. "
Sustainable energy
" means energy that supplies present energy needs without permanently depleting resources, while considering environmental impacts, and without compromising the ability of future generations to meet their own energy needs.

X. "
System benefits charge funds
" or "
SBC funds
" means revenues collected by Public Service Company of New Hampshire (PSNH) (currently at a rate of 1.8 mills ($0.0018) per retail kilowatt-hour sold as set by the general court in 2001, 29:14) to fund energy efficiency and conservation and load management programs approved by the public utilities commission.


Source. 2002, 130:2. 2009, 171:1, eff. Sept. 11, 2009.

[RSA 125-O:20 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
    125-O:20 Definitions. 

In this subdivision:

I. "
Affected CO
2 source
" means any source with one or more fossil fuel-fired electricity generating units having a nameplate rated capacity equal to or greater than 25 megawatts.

II. "
Budget allowances
" means those RGGI allowances comprising the state annual budget for CO
2 emissions specified in RSA 125-O:21, II.

III. "
Commission
" means the public utilities commission.

IV. "
Compliance period
" means a 3 calendar year time period. The first compliance period is from January 1, 2009 to December 31, 2011. Each subsequent sequential 3 calendar year period is a separate compliance period.

V. [Repealed.]

VI. "
Department
" means the department of environmental services.

VII. "
Early reduction allowances
" means allowances provided to affected CO
2 sources for eligible projects undertaken which have the effect of reducing emissions at the affected CO
2 source by an absolute reduction of emissions during calendar years 2006, 2007, and 2008, from a baseline approved by the department, through emission rate improvements or permanently reducing utilization of one or more units at a source.

VII-a. "
FCPBA
" means "first compliance period banked allowances" which equals all of the 2009, 2010, and 2011 vintage RGGI allowances that are banked by any person, excluding any state participating in the RGGI program, as of January 1, 2014, multiplied by 8,620,460 and divided by the product of 165,184,246 times 7.

VIII. [Repealed.]

IX. "
Market settling period
" means the first 14 months of any compliance period.

X. "
Offset allowances
" means allowances issued to projects determined to be eligible by the department undertaken outside of the electric power sector to reduce CO
2 or CO
2 equivalent emissions.

XI. "
PSNH
" means Public Service Company of New Hampshire or any successor to the company's public utility franchise.

XII. "
Regional greenhouse gas initiative
" or "
RGGI
" or "
RGGI program
" means the program to implement the memorandum of understanding (MOU) between signatory states, dated December 20, 2005, as amended, and the corresponding model rule as amended February 7, 2013, and as amended December 19, 2017, to establish a regional CO2 emissions budget and allowance trading program for emissions from fossil fuel-fired electricity generating units.

XIII. "
Regional organization
" means a non-profit organization formed by the signatory states to RGGI to provide technical and administrative assistance for such things as: emissions and allowance tracking, offsets development and implementation, allowance market monitoring, and data collection. The organization shall have no regulatory or enforcement authority.

XIV. "
Retire
" means submitting a RGGI allowance to the department for compliance or other purpose or retaining a RGGI allowance by the department such that the allowance may never be sold or otherwise used again.

XV. "
RGGI allowance
" means a limited authorization to emit one ton of CO2 issued by the department or other state with a program that the department determines is in accordance with this subdivision or the RGGI program, including emissions limitations as documented by the regional organization, and shall include budget allowances, offset allowances, and early reduction allowances.

XV-a. "
SCPBA
" means "second compliance period banked allowances" which equals all of the 2012 and 2013 vintage RGGI allowances that are banked by any person, excluding any state participating in the RGGI program, as of March 15, 2014, minus the total 2012 __ampersand__ 2013 CO
2 emissions from all regional sources subject to RGGI, multiplied by 8,620,460 and divided by the product of 165,184,246 times 6.

XVI. [Repealed.]

XVII. [Repealed.]

XVIII. "
Third adjustment for banked allowances
" or "
TBA
" means an adjustment applied to the New Hampshire RGGI program base budget for allocation years 2021 through 2025 to address allowances held in general and compliance accounts, including compliance accounts established pursuant to the RGGI program but not including accounts opened by participating states, that are in addition to the aggregate quantity of emissions from all affected CO2 sources in all of the participating states at the end of the fourth control period in 2020 and as reflected in the CO2 Allowance Tracking System on March, 15, 2021.


Source. 2008, 182:2. 2013, 236:2-5, 15, eff. Jan. 1, 2014. 2019, 184:2-4, eff. Sept. 8, 2019.

[RSA 125-O:21 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
    125-O:21 Carbon Dioxide Emissions Budget Trading Program. 

I. The department shall establish and enforce a CO
2 emissions budget trading program consistent with this subdivision that shall be in substantial accordance with the RGGI program.

II. The program shall include a statewide budget allowance total for each year calculated as follows:

 
2019
 4,184,333 minus FCPBA minus SCPBA
2020
 4,079,725 minus FCPBA minus SCPBA
2021 
 3,960,999 minus TBA
2022
 3,842,274 minus TBA
2023
 3,723,549 minus TBA
2024
 3,604,823 minus TBA
2025
 3,486,098 minus TBA
2026
 3,367,373
2027
 3,248,648
2028
 3,129,922
2029
 3,011,197
2030 and thereafter
 2,892,472
 


III. The department shall make available for sale at one or more auctions all of the budget allowances for a given year, except for those granted or reserved under RSA 125-O:22, VI and RSA 125-O:25. The department may also make available for sale at one or more auctions a portion of future year budget allowances. Such auctions may be conducted in coordination with other states. Revenues from the sale of allowances shall be deposited in the energy efficiency fund established under RSA 125-O:23.

III-a. Budget allowances that are required to be made available for sale at auction under paragraph III, but remain unsold, shall not be retired by the department, and may be used for cost containment purposes under RSA 125-O:29.

IV. [Repealed.]

V. [Repealed.]

VI. The department of environmental services and the department of energy shall report on an annual basis to the air pollution advisory committee under RSA 125-J:11, the chair of the house science, technology, and energy committee, and the chair of the senate energy and natural resources committee on the status of the implementation of RGGI in New Hampshire, with emphasis on the prices and availability of RGGI allowances to affected CO2 sources, consumer protection mechanisms, and the trends in electric rates for New Hampshire businesses and ratepayers. The report shall include but not be limited to:

(a) The number of allowances sold in the RGGI program and the type of entities purchasing allowances;

(b) The number of unsold allowances in the RGGI program;

(c) The available price data of allowances from the regional auction and secondary markets;

(d) Market monitoring reports;

(e) The CO
2 emissions by affected source, state, and RGGI region;

(f) The spending of revenues from auction allowances by each RGGI state; and

(g) [Repealed.]

(h) The status of any proposed or adopted federal CO
2 cap and trade program, the impact on New Hampshire's RGGI program, and recommendations for any proposed legislation necessary to accommodate the federal program; and

(i) Effectiveness of allowance price control and consumer protection mechanisms, including, but not limited to, cost containment reserves, cost thresholds, and consumer rebates.

VII. The department may establish and enforce the CO
2 emissions budget trading program in cooperation and coordination with other states or countries that are participating in regional, national or international CO
2 emissions trading programs with the same or similar purpose including:

(a) Entering into any agreement or arrangement with the representatives of other states, including the formation of a for-profit or non-profit corporation, any form of association or any other form of organization, in this or another state; and

(b) Participating in any such corporation, association, or organization, and in any activity in furtherance of the purposes of this subdivision, in any capacity including, but not limited to, as directors or officers.

VIII. Any actions taken under this subdivision by the department, the department of energy, or the commission shall not constitute a waiver of sovereign immunity and shall not be deemed consent to suit outside of New Hampshire.


Source. 2008, 182:2. 2012, 281:3, 10, III. 2013, 236:6-9, eff. Jan. 1, 2014. 2018, 253:3, eff. Aug. 11, 2018. 2019, 184:5, 6, 9, 10, I, eff. Sept. 8, 2019. 2022, 137:3, eff. Aug. 6, 2022; 245:8, 9, eff. Aug. 20, 2022.

[RSA 125-O:22 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
    125-O:22 Compliance;  Permit Required. 

I. Each affected CO
2 source shall obtain and retire a quantity of RGGI allowances equivalent to its CO
2 emissions from fossil-fuel fired generation for each compliance period. Such retirement shall be done in stages. At the end of both the first and second year of the compliance period, RGGI allowances equal to 
1/2 of the affected source's CO
2 emissions during each respective year shall be retired. At the end of the third year of the compliance period, the balance of the total allowances due shall be retired. The retirement of allowances at the end of the first and second year shall not apply to the compliance period ending December 31, 2014.

II. An affected CO
2 source may use offset allowances for up to 3.3 percent of its compliance obligation.

III. Purchasers or acquirers of RGGI allowances may retain unused RGGI allowances without limit. Affected CO
2 sources may use retained RGGI allowances in future compliance periods.

IV. No person shall operate an affected CO2 source without a temporary or operating permit issued by the department in accordance with this chapter and RSA 125-C. An affected CO2 source that is in operation upon the effective date of this subdivision, shall submit a complete application for a permit modification to the department no later than January 1, 2009. Applications for permits shall be upon such forms, and shall include such information as the commissioner of the department of environmental services requires under rules adopted pursuant to RSA 541-A. The commissioner of the department of environmental services shall act upon a permit application within a reasonable period of time.

V. In addition to the provisions set forth in RSA 125-O:7, an affected CO
2 source that fails to obtain and retire sufficient RGGI allowances during a compliance period, in accordance with RSA 125-O:22, I, shall obtain and surrender 3 RGGI budget or early reduction allowances in the next compliance period for each RGGI allowance that the affected CO
2 source was short in obtaining compliance.

VI. Budget allowances shall be provided to affected CO
2 sources as needed and upon request for CO
2 emissions in periods of operation during which an Operating Procedure 4 capacity deficiency alert is in force as established by the ISO New England Inc. The department shall reserve from auction for such emergency conditions a quantity of allowances equal to one percent of the annual budget allowances which shall be the maximum made available in a given year under this paragraph. The department shall directly sell these allowances to the affected CO
2 sources at the last regional auction clearing price. Those allowances reserved but not sold in a given year as provided in this paragraph shall be auctioned the following calendar year.

VII. Upon recommendation of the commission, the governor with consent of the executive council may declare an emergency supply crisis, and the governor and council may allow affected CO
2 sources to forgo strict compliance with paragraph I for a given compliance period and be given reprieve from any associated penalties, provided that those affected CO
2 sources obtain and retire an additional number of allowances during the next compliance period equivalent to any shortfall in allowances that may have occurred for the compliance period during which the declared emergency was made.

VIII. A distribution company may recover the actual, prudent and reasonable costs of investments in carbon emissions reduction or capture technologies through its default service charge pursuant to RSA 369-B:3, IV(b)(1)(A), provided that the commission first determines that the investment is in the public interest.


Source. 2008, 182:2. 2013, 236:10, eff. Jan. 1, 2014. 2022, 245:10, eff. Aug. 20, 2022.

    125-O:23 Energy Efficiency Fund and Use of Auction Proceeds. 

I. There is hereby established an energy efficiency fund. This nonlapsing, special fund shall be continually appropriated to the department of energy to be expended in accordance with this section. The state treasurer shall invest the moneys deposited therein, as provided by law. Income received on investments made by the state treasurer shall also be credited to the fund. All programs supported by these funds shall be subject to audit by the department of energy as deemed necessary. A portion of the fund moneys shall be used to pay for department of energy and department of environmental services costs to administer this subdivision, including contributions for the state's share of the costs of the RGGI regional organization. No fund moneys shall be used by the department of energy or the department of environmental services to contract with outside consultants. The department of energy shall transfer from the fund to the department of environmental services such costs as may be budgeted and expended, or otherwise approved by the fiscal committee of the general court and the governor and council, for the department's cost of administering this subdivision.

II. All amounts in excess of the threshold price of $1 for any allowance sale shall be rebated to all retail electric ratepayers in the state on a per-kilowatt-hour basis, in a timely manner to be determined by the commission.

III. All remaining proceeds received by the state from the sale of allowances, excluding the amount used for department of energy and department of environmental services administration under paragraph I, shall be allocated by the department of energy as follows:

(a) At least 15 percent to the low-income core energy efficiency program.

(b) Beginning January 1, 2014, up to $2,000,000 annually to utility core programs for municipal and local government energy efficiency projects, including projects by local governments that have their own municipal utilities. Funding elements shall include, but not be limited to, funding for direct technical and project management assistance to identify and encourage comprehensive projects and incentives structured to assist municipal and local governments funding energy efficiency projects. In calendar years 2014, 2015, and 2016, any unused funds allocated to municipal and local government projects under this paragraph remaining at the end of the year shall roll over and be added to the new calendar year program funds and continue to be made available exclusively for municipal and local government projects. Beginning in calendar year 2017, and all subsequent years, funds allocated to municipal and local government projects under this paragraph shall be offered first to municipal and local governments as described in this paragraph for no less than 4 full calendar months. If, at the end of this time, municipal and local governments have not submitted requests for eligible projects that will expend the funds allocated to municipal and local government projects under this paragraph within that program year, the funds shall be offered on a first-come, first-serve basis to business and municipal customers who fund the system benefits charge.

(c) The remainder to all-fuels, comprehensive energy efficiency programs administered by qualified parties which may include electric distribution companies as selected through a competitive bid process. The funding shall be distributed among residential, commercial, and industrial customers based upon each customer class's electricity usage to the greatest extent practicable as determined by the department of energy. Bids shall be evaluated based on, but not limited to, the following criteria:

(1) A benefit/cost ratio analysis including all fuels.

(2) Demonstrated ability to provide a comprehensive, fuel neutral program.

(3) Demonstrated infrastructure to effectively deliver such program.

(4) Experience of the bidder in administering energy efficiency programs.

(5) Ability to reach out to customers.

(6) The validity of the energy saving assumptions described in the bid.

IV. The division of policy and programs of the department of energy shall conduct a competitive bid process for the selection of programs to be funded under subparagraph III(c), with such funding to begin January 1, 2015. The department of energy may petition the governor and council to extend existing contracts until such time as the competitive bids are approved by the governor and council, but in no event later than July 1, 2015. The competitive bid process shall be repeated every 3 years thereafter. Before extending any existing program, public comment on the proposed extension shall be accepted.

V. Each entity receiving funding under subparagraph III(c) shall file an annual report on the performance of the entity's program. The department of energy shall establish the format, content, and the methodologies used to provide the content of the reports. The department of energy shall make use of, as applicable and appropriate, the monitoring and verification requirements used in the natural gas and electric utility core programs. The annual reports shall be delivered to the governor, the president of the senate, the speaker of the house of representatives, the chairmen of the senate and house standing committees with jurisdiction over energy matters, the commissioner of the department of energy and the chairperson of the public utilities commission. The reports shall include, but not be limited to, the following:

(a) Program expenditures, including direct customer installation costs.

(b) Resulting actual and projected energy savings by fuel type and associated CO2 emissions reductions.

(c) Any measurement and verification data that corroborate projected savings.

(d) The number of customers served by the programs.

(e) Other data as required by the department of energy in order to determine program effectiveness.


Source. 2008, 182:2. 2009, 236:2. 2012, 281:4. 2013, 236:11, 240:1; 269:2. 2014, 330:1, 2, eff. Oct. 3, 2014. 2021, 91:293, eff. July 1, 2021. 2022, 245:11-13, eff. Aug. 20, 2022.

    125-O:24 Repealed by 2019, 184:10, eff. Sept. 8, 2019. 

[RSA 125-O:25 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
    125-O:25 Set Aside for Voluntary Purchase of Renewable Energy Certificates. 

I. The department shall reserve from auction, for retirement purposes, a quantity of budget allowances, not to exceed one percent of the annual budget, equivalent to the CO
2 emissions reductions associated with renewable energy certificates recognized under RSA 362-F and purchased voluntarily by electricity customers and not resold.

II. Budgeted allowances reserved under paragraph I not retired at the end of each year shall be auctioned the following calendar year.


Source. 2008, 182:2, eff. June 11, 2008.

[RSA 125-O:26 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
    125-O:26 Auction of Budget Allowances. 

Any rules adopted by the department relative to auctions, pursuant to RSA 125-O:8, I(d), shall provide that they:

I. Shall be conducted based on the schedule and frequency adopted by the department in consultation with other entities participating in the RGGI program;

II. Shall include the sale of allowances for current years and may include the sale of allowances for future years to promote transparency and price stability in a manner to be determined by the department in coordination with the regional organization;

III. Shall include auction design elements that minimize allowance price volatility, guard against bidder collusion, and mitigate the potential for market manipulation;

IV. Shall include provisions to address, and to the extent practicable minimize, the potential for allowance market price volatility during the initial control period of the RGGI program;

V. Shall include provisions to ensure the continued market availability of allowances to entities regulated under a greenhouse gas emissions allowance trading program, taking into account the outcomes of auctions and monitoring of the allowance market, which may include the adoption of a flexible process that allows for ongoing modification of auction design and procedures in response to allowance market conditions and allowance market monitoring data, provided that the process allows for public comment and input; and

VI. May be open to all qualified participants, and all qualified participants may sell or otherwise agree to transfer any or all allowances to any eligible entity.


Source. 2008, 182:2. 2013, 236:12, eff. Jan. 1, 2014.

[RSA 125-O:27 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
    125-O:27 Review of the New Hampshire RGGI Program. 

At the time of each comprehensive review by the participating states, the department of energy and the department shall concurrently review New Hampshire specific elements of the RGGI program, and include the results of such review and any recommendations for revisions to the New Hampshire regional greenhouse gas initiative program under RSA 125-O:19-29, resulting from this review in the agencies' annual report under RSA 125-O:21, VI.


Source. 2008, 182:2. 2012, 281:5. 2013, 236:13, eff. Jan. 1, 2014. 2019, 184:7, eff. Sept. 8, 2019. 2022, 245:14, eff. Aug. 20, 2022.

[RSA 125-O:28 repealed by 2012, 281:11, II, effective as provided by 2012, 281:17.]
    125-O:28 Cost Recovery. 

If the owner of an affected CO
2 source is a public utility pursuant to RSA 362:2 that provides electric distribution service pursuant to RSA 374-F, the owner may recover through the utility's default service charge all prudently incurred costs of complying with the requirements of this subdivision in a manner approved by the commission. In the event PSNH sells an affected CO
2 source, any cost recovery associated with this chapter shall be governed by RSA 369-B:3-a.


Source. 2008, 182:2, eff. June 11, 2008.

    125-O:29 Cost Containment Allowances in Addition to the Budget. 

I. For the purposes of cost containment, the department shall make available for sale at one or more auctions up to the following amounts of allowances, that shall be in addition to the budget allowance total for the given year under RSA 125-O:21, II, if:

(a) The CO
2 allowance auction price equals or exceeds $10.51 in 2019, up to 521,869 allowances;

(b) The CO
2 allowance auction price equals or exceeds $10.77 in 2020, up to 521,869 allowances;

(c) The CO
2 allowance auction price equals or exceeds $13 in 2021, up to 396,099 allowances;

(d) The CO
2 allowance auction price equals or exceeds $13.91 in 2022, up to 384,227 allowances;

(e) The CO
2 allowance auction price equals or exceeds $14.88 in 2023, up to 372,354 allowances;

(f) The CO
2 allowance auction price equals or exceeds $15.92 in 2024, up to 360,482 allowances;

(g) The CO
2 allowance auction price equals or exceeds $17.03 in 2025, up to 348,609 allowances;

(h) The CO
2 allowance auction price equals or exceeds $18.22 in 2026, up to 336,737 allowances;

(i) The CO
2 allowance auction price equals or exceeds $19.50 in 2027, up to 324,864 allowances;

(j) The CO
2 allowance auction price equals or exceeds $20.87 in 2028, up to 312,992 allowances;

(k) The CO
2 allowance auction price equals or exceeds $22.33 in 2029, up to 301,119 allowances;

(l) The CO
2 allowance auction price equals or exceeds $23.89 in 2030, up to 289,247 allowances; or

(m) In any year thereafter, the CO2 allowance auction price equals or exceeds 1.07 multiplied by the auction price at which cost containment allowances were required to be made available in the previous calendar year rounded to the nearest whole cent, until further legislative action.

II. The allowances sold pursuant to paragraph I shall be replenished, such that the full 521,869 allowances, if needed, are available the following calendar year.


Source. 2013, 236:14, eff. Jan. 1, 2014. 2019, 184:8, eff. Sept. 8, 2019.

    125-O:3 Integrated Power Plant Strategy. 

I. The department shall implement an integrated, multi-pollutant strategy to reduce air emissions from affected sources.

II. The integrated, multi-pollutant strategy shall be implemented in a market-based fashion that allows trading and banking of emission reductions to comply with the overall statewide annual emission caps established under RSA 125-O:3, III. Allowances, up to the amount of these caps, shall be allocated to each affected source based on the output of each affected source. The department shall make publicly available all allocations prior to the effective date of such allocations.

III. The strategy shall include implementation of the following statewide annual emissions caps:

(a) 7,289 tons annually applicable to total sulfur dioxide (SO
2) emissions from the affected sources;

(b) 3,644 tons annually applicable to total oxides of nitrogen (NOx) emissions from the affected sources;

(c) [Repealed.]


[Paragraph III(d) repealed by 2012, 281:11, I, effective as provided by 2012, 281:17.]



(d) 5,425,866 tons annually applicable to total carbon dioxide (CO
2) emissions from the affected sources until December 31, 2008.


Source. 2002, 130:2. 2006, 105:2, I. 2008, 182:3. 2012, 281:11, I, eff. as provided by 2012, 281:17.

[RSA 125-O:30 repealed by 2022, 252:3, effective December 1, 2023.]
    125-O:30 Commission to Investigate the Implementation of Next Generation Nuclear Reactor Technology in New Hampshire. 

I. There is established a commission to study and consider legislation or other actions relative to the possibility of implementing next-generation, nuclear reactor technology in New Hampshire. The members of the commission shall be as follows:

(a) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(b) One member of the senate, appointed by the president of the senate.

(c) One member representing Seabrook station, appointed by the owner of the facility.

(d) The commissioner of the department of environmental services, or designee.

(e) The chairperson of the public utilities commission, or designee.

(f) The commissioner of the department of business and economic affairs, or designee.

(g) The commissioner of the department of energy, or designee.

(h) One member of a New Hampshire-based environmental consortium, appointed by the governor.

(i) One nuclear power expert, appointed by the governor.

(j) One member of the public, appointed by the governor.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. The commission shall investigate:

(a) Advances in nuclear power technology, including "generation IV" reactors, by conducting research and seeking counsel and testimony from experts in the field;

(b) The most promising generation IV designs as determined by the Gen IV International Forum:

(1) Gas-cooled Fast Reactor (GFR);

(2) Lead-cooled Fast Reactor (LFR);

(3) Molten Salt Reactor (MSR);

(4) Supercritical Water-cooled Reactor (SCWR);

(5) Sodium-cooled Fast Reactor (SFR); and

(6) Very High Temperature Reactor (VHTR);

(c) Large-scale, small-scale, microreactor, modular and breeder reactor designs;

(d) The safety of modern designs, including "passive safety systems";

(e) Various types of fuel consumption, including the ability for new designs to safely consume nuclear waste, such as the waste in long-term storage facilities;

(f) Nonelectric applications including:

(1) Hydrogen or other liquid and gaseous fuel or chemical production;

(2) Water desalination and wastewater treatment;

(3) Heat for industrial processes;

(4) District heating;

(5) Energy storage; and

(6) Industrial or medical isotope production;

(g) Potential siting options;

(h) Partnerships with industry participants or investors;

(i) Partnerships with federal agencies, such as the U.S. Nuclear Regulatory Commission;

(j) Federal incentives for nuclear power generation; and

(k) Shall identify potential obstacles with federal nuclear regulation.

IV. The members of the commission shall elect a chairperson, vice chairperson, and clerk from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 60 days of the effective date of this section. Six members of the commission shall constitute a quorum.

V. The commission shall submit interim reports of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before December 1, 2022 and July 1, 2023, and shall submit its final report on or before December 1, 2023.


Source. 2022, 253:2, eff. June 24, 2022.

    125-O:4 Compliance. 

I. The owner or operator of each affected source shall file a compliance plan with the department describing the technologies, operational modifications, market-based approaches, or other methods that will be used to comply with the emission caps established under RSA 125-O:3, III. Compliance plans shall also include a report of the mercury content analysis program results required under RSA 125-O:4, II and a report of the stack testing results for mercury emissions from Merrimack Units 1 and 2 and either Schiller Unit 4, 5, or 6 required under RSA 125-O:4, III. An initial compliance plan shall be filed no later than one year after the effective date of this section. Amended compliance plans shall be submitted to the department 45 days prior to the implementation of any change to the plan.

II. The owner or operator of each affected source burning coal as fuel shall conduct a mercury content analysis program. This program shall consist of monthly fuel samples and analyses for at least 12 consecutive months and the submittal of a final report to the department no later than one year after the effective date of this section.

III. Stack testing for mercury emissions from Merrimack Units 1 and 2 and either Schiller Unit 4, 5, or 6 shall be completed using a department approved test method no later than one year after the effective date of this section. The owner or operator shall submit a test protocol to the department at least 45 days prior to the commencement of stack testing.

IV. Compliance with the emission caps established under RSA 125-O:3, III may be demonstrated by making emission reductions at the affected sources, using compliance market-based approaches, or other methods acceptable to the department.

(a)(1) Affected sources may use SO
2 allowances from federal or regional trading and banking programs and incentive programs established under this chapter to comply with the SO
2 emission cap established under RSA 125-O:3, III. In addition, allowances or credits from other programs may be acceptable as determined by the department.

(2) Affected sources shall transfer to the department all annual allocations provided under the federal acid rain program. Affected sources shall receive from the department SO
2 allowances equivalent to the cap established in RSA 125-O:3, III. Additionally, in order to promote local reductions, for each year after the compliance date that combined SO
2 emissions from affected sources are below the annual average emissions for the previous 3 years, affected sources shall receive additional SO
2 allowances in a combined amount equal to the difference between the current year emissions and the average annual emissions for the previous 3 years.

(3) Further, in order to encourage reductions in upwind emissions and thereby provide greater benefit to air quality in New Hampshire, for each 0.80 allowance purchased by an affected source under the federal acid rain program and utilized for compliance with the provisions of this chapter which originates from within the ozone transport region, the affected source shall receive an additional 0.20 allowance from the department.

(4) The combined sum of all allowances received by the affected sources under subparagraphs (a)(2) and (a)(3) shall not exceed 20,000 in any given year, and shall be credited to the affected sources' accounts in the year following each annual compliance period.

(b) Affected sources may use NOx allowances from federal or regional trading and banking programs, or other programs acceptable to the department, and NOx discrete emissions reductions by affected sources other than Merrimack Units 1 and 2 from state trading and banking programs, to comply with the NOx emission cap established under RSA 125-O:3, III. NOx discrete emissions reductions may only be used to comply with that portion of the NOx emission cap established under RSA 125-O:3, III which does not apply to emissions between May 1 and September 30 of any calendar year.

(c) Affected sources may use CO
2 allowances from federal or regional trading and banking programs, or other programs acceptable to the department, to comply with the CO
2 emission cap established under RSA 125-O:3, III. Early reductions of CO
2 may be banked for future use in regional or national trading programs or to meet the emission caps established under RSA 125-O:3, III.

(d) [Repealed.]

V. The owner or operator of each affected source shall be allowed to recover all prudent costs associated with compliance in a manner consistent with RSA 374-F, RSA 369-B, and the Agreement to Settle PSNH Restructuring, dated August 2, 1999, Revised and Conformed in Compliance with NHPUC Order No. 23,549.


Source. 2002, 130:2. 2006, 105:2, II, eff. June 8, 2006.

    125-O:5-a Energy Efficiency and Sustainable Energy Board. 

I. An energy efficiency and sustainable energy board is hereby created to promote energy efficiency, demand response, and sustainable energy programs in the state. The board's duties shall include but not be limited to:

(a) Review available energy efficiency, conservation, demand response, and sustainable energy programs and incentives and compile a report of such resources in New Hampshire.

(b) Explore opportunities to coordinate programs targeted at saving more than one fuel resource, including conversion to renewable resources and coordination between natural gas and other programs which seek to reduce the overall use of nonrenewable fuels.

(c) Develop strategies, concepts, and tools to enhance outreach and education programs to increase knowledge and awareness about energy efficiency and sustainable energy among New Hampshire residents and businesses.

(d) Expand upon the state government's efficiency programs to ensure that the state is providing leadership on energy efficiency and sustainable energy including reduction of its energy use and fuel costs.

(e) Encourage municipalities and counties to increase investments in energy efficiency and sustainable energy through financing tools, and to create local energy committees.

(f) Work with community action agencies and the office of strategic initiatives to explore ways to ensure that all customers participating in programs for low-income customers and the Low Income Home Energy Assistance Program (LIHEAP) have access to energy efficiency improvements, and where appropriate, renewable energy resources, in order to reduce their energy bills.

(g) Investigate potential sources of funding for energy efficiency and sustainable energy development and delivery mechanisms for such programs, coordinate efforts between funding sources to reduce duplication and enhance collaboration, and review investment strategies to increase access to energy efficiency and renewable energy resources.

II. The members of the board shall be as follows:

(a) The commissioner of the department of energy, or designee.

(b) The consumer advocate, or designee.

(c) The commissioner of the department of environmental services, or designee.

(d) The commissioner of the department of business and economic affairs, or designee.

(e) The president of the Business and Industry Association of New Hampshire, or designee.

(f) The executive director of the New Hampshire Municipal Association, or designee.

(g) The executive director of New Hampshire Legal Assistance, or designee.

(h) The president of the Homebuilders and Remodelers Association of New Hampshire, or designee.

(i) Two members of the house committee with jurisdiction over energy matters, appointed by the speaker of the house of representatives.

(j) One member of the senate committee with jurisdiction over energy matters, appointed by the president of the senate.

(k) Three representatives from not-for-profit groups representing energy, environmental, consumer, or public health issues and knowledgeable in energy conservation policies and programs, appointed by the commissioner of the department of energy.

(l) The commissioner of the department of administrative services, or designee.

(m) The state fire marshal, or designee.

(n) The executive director of the New Hampshire housing finance authority, or designee.

III. The board shall include, as nonvoting participants, the following:

(a) One representative from each utility-administered electric and natural gas energy efficiency program appointed by the commissioner of the department of energy.

(b) A representative of energy services companies delivering energy efficiency services to residential and business customers, appointed by the commissioner of the department of energy.

(c) A representative of a business or association of businesses selling or installing sustainable or renewable energy systems, appointed by the commissioner of the department of energy.

(d) A representative from the investment community with expertise in efficiency investments and financing, appointed by the commissioner of the department of energy.

IV. The chairman of the public utilities commission shall call the first meeting of the board. The board shall elect a chairperson from among its members. Seven members of the board shall constitute a quorum. The board shall make an annual report on December 1 to the governor, the speaker of the house of representatives, the president of the senate, the house science, technology and energy committee, the senate energy, environment and economic development committee, the department of energy, and the public utilities commission, to provide an update on its activities and recommendations for action including possible legislation.

V. The board shall be administratively attached to the department of energy under RSA 21-G:10.

VI. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the board.

VII. No member of the board shall vote on a matter in which the member, his or her spouse or dependent, or the organization or entity represented by or employing the member, has a private interest which may directly or indirectly affect or influence the performance of his or her duties.


Source. 2008, 292:1. 2012, 281:10, I, eff. Jan. 1, 2013. 2017, 156:14, II, 64, eff. July 1, 2017. 2021, 91:198, 220, eff. July 1, 2021. 2022, 5:3, eff. Jan. 1, 2022; 245:7, eff. Aug. 20, 2022.

    125-O:5 Energy Efficiency, Renewable Energy, and Conservation and Load Management Incentive. 

I. In order to encourage energy efficiency, energy conservation, renewable energy, and the reductions in local emissions which result, the integrated multi-pollutant strategy shall promote energy efficiency and conservation through conservation and load management programs.

II. Public Service Company of New Hampshire (PSNH) may utilize SBC funds equivalent to the unencumbered amount, if any, rolled over from the prior program year for energy efficiency projects at facilities owned and operated by PSNH, provided that the company made a good faith effort in the prior program year to meet the goals approved by the public utilities commission for its core energy efficiency programs, and provided that the SBC funds used by PSNH shall not exceed 2 percent of all SBC funds collected in the prior program year. PSNH may utilize these funds to implement approved core energy efficiency initiatives or measures at PSNH's facilities that are cost effective and which enhance the efficient use of energy at PSNH facilities. Any energy savings resulting from the use of these funds by PSNH at its facilities will not be included in the calculation of PSNH's energy efficiency program goals, any shareholder incentive, or any other incentive program. In any year that PSNH utilizes SBC funds, PSNH shall submit a report to the public utilities commission and the department detailing how these funds were utilized, and will make the report available to interested parties. Any party may request that the public utilities commission schedule a hearing to review these reports and the expenditure by PSNH of rolled over SBC funds at its facilities.

III. [Repealed.]


Source. 2002, 130:2. 2008, 182:10, eff. June 11, 2008.

    125-O:6 Powers and Duties of the Commissioner. 

The commissioner may:


[Paragraph I effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also paragraph I set out below.]



I. Develop a trading and banking program to provide appropriate compliance flexibility in meeting the emission caps established under RSA 125-O:3, III and allowance requirements of RSA 125-O:21 and RSA 125-O:22, and to encourage earlier and greater emissions reductions and the development of new emission control technologies in order to maximize the cost-effectiveness with which the environmental benefits of this chapter are achieved.


[Paragraph I effective the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also paragraph I set out above.]



I. Develop a trading and banking program to provide appropriate compliance flexibility in meeting the emission caps established under RSA 125-O:3, III, and to encourage earlier and greater emissions reductions and the development of new emission control technologies in order to maximize the cost-effectiveness with which the environmental benefits of this chapter are achieved.

II. Propose to the general court for legislative enactment a program to reduce emissions that impair visibility in mandatory Class I Federal Areas, including the Great Gulf Wilderness Area and the Presidential-Dry River Wilderness, if evaluation and assessment of the program established under 125-O:6, I reveals after its implementation that further reductions of emissions that impair visibility are necessary. Any program proposed under this paragraph shall be at least as stringent as that specified in the Clean Air Act,
 amendments thereto, and regulations promulgated thereunder.

III. Propose to the general court for legislative enactment appropriate processes to encourage pollution prevention, energy efficiency, and other methods to cost-effectively achieve emissions reductions.


Source. 2002, 130:2. 2008, 182:4. 2012, 281:12, eff. as provided by 2012, 281:17.

    125-O:7 Enforcement. 

I. Any violation of any provision of this chapter, or of any rule adopted under this chapter, shall be subject to enforcement by injunction, including mandatory injunction, issued by the superior court upon application of the attorney general. Any such violation shall also be subject to a civil forfeiture to the state of not more than $25,000 for each violation, and for each day of a continuing violation.

II. Any person who knowingly violates any of the provisions of this chapter, or any rule adopted under this chapter, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

III. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines imposed pursuant to this paragraph shall be deposited in the general fund.

(a) Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

(b) The commissioner shall determine fines based on the following:

(1) For a minor deviation from a requirement causing minor potential for harm, the fine shall be not less than $100 and not more than $1,000.

(2) For a minor deviation from a requirement causing moderate potential for harm, the fine shall be not less than $601 and not more than $1,250.

(3) For a minor deviation from a requirement causing major potential for harm, the fine shall be not less than $851 and not more than $1,500.

(4) For a moderate deviation from a requirement causing minor potential for harm, the fine shall be not less than $601 and not more than $1,250.

(5) For a moderate deviation from a requirement causing moderate potential for harm, the fine shall be not less than $851 and not more than $1,500.

(6) For a moderate deviation from a requirement causing major potential for harm, the fine shall be not less than $1,251 and not more than $1,750.

(7) For a major deviation from a requirement causing minor potential for harm, the fine shall be not less than $851 and not more than $1,500.

(8) For a major deviation from a requirement causing moderate potential for harm, the fine shall be not less than $1,251 and not more than $1,750.

(9) For a major deviation from a requirement causing major potential for harm, the fine shall be not less than $1,501 and not more than $2,000.

(c) The commissioner may assess additional fines for repeat violations.


Source. 2002, 130:2, eff. July 1, 2002.

[RSA 125-O:8 effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also RSA 125-O:8 
 
set out below.]
    125-O:8 Rulemaking Authority. 

I. The commissioner shall adopt rules under RSA 541-A, commencing no later than 180 days after the effective date of this section, relative to:

(a) The establishment of trading and banking programs as authorized by RSA 125-O:6, I.

(b) The establishment of a method for allocating allowances and other emissions reduction units or mechanisms as authorized by RSA 125-O:3, II and III.

(c) Emissions and allowance monitoring, tracking, recordkeeping, reporting, and other such actions as may be necessary to verify compliance with this chapter.

(d) The method and requirements for auctioning budget allowances under RSA 125-O:21, which may use regional organizations.

(e) The forms and information required on applications for a temporary or operating permit required under RSA 125-O:22.

II. The public utilities commission shall adopt rules, under RSA 541-A, to administer the energy efficiency fund and auction proceeds received pursuant to RSA 125-O:23.


[RSA 125-O:8 effective the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also RSA 125-O:8 
 
set out above.]



125-O:8 Rulemaking Authority. 

The commissioner shall adopt rules under RSA 541-A, commencing no later than 180 days after the effective date of this section, relative to:

I. The establishment of trading and banking programs as authorized by RSA 125-O:6, I.

II. The establishment of a method for allocating allowances and other emissions reduction units or mechanisms as authorized by RSA 125-O:3, II and III.

III. Emissions and allowance monitoring, tracking, recordkeeping, reporting, and other such actions as may be necessary to verify compliance with this chapter.



Source. 2002, 130:2. 2008, 182:5. 2012, 281:2, eff. Jan. 1, 2013; 281:13, eff. as provided by 2012, 281:17.

[RSA 125-O:9 effective until the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also RSA 125-O:9 
 
set out below.]
    125-O:9 Compliance Dates. 

The owner or operator of each affected source shall comply with the provisions of this chapter, excluding the subdivision on mercury emissions, RSA 125-O:11 through 125-O:18, and the subdivision for CO
2 emissions, RSA 125-O:19 through RSA 125-O:28, by December 31, 2006.


[RSA 125-O:9 effective the date that the commissioner of the department of environmental services certifies to the secretary of state and the director of the office of legislative services that certain states have terminated or have authorized termination of their participation in the regional greenhouse gas initiative; see also RSA 125-O:9 
 
set out above.]



125-O:9 Compliance Dates. 

The owner or operator of each affected source shall comply with the provisions of this chapter, excluding the subdivision on mercury emissions, RSA 125-O:11 through 125-O:18, by December 31, 2006.



Source. 2002, 130:2. 2006, 105:3. 2008, 182:6. 2012, 281:14, eff. as provided by 2012, 281:17.

    125-Q:1 Commission Established;  Chairperson;  Compensation. 

I. A commission, to be known as the New Hampshire commission for the deaf and hard of hearing is hereby created and established. The commission shall consist of the following members:

(a) Two members of the house of representatives, one of whom shall be from the health, human services and elderly affairs committee, appointed by the speaker of the house of representatives.

(b) Two members from the governor's commission on disability, one of whom shall be the executive director, or designee.

(c) Three representatives of the department of health and human services, appointed by the commissioner.

(d) One representative of the department of employment security, appointed by the commissioner.

(e) Three representatives of the department of education, 2 of whom shall be from the bureau of vocational rehabilitation and one of whom shall be from the bureau of special education, appointed by the commissioner.

(f) One representative of the administrative office of the courts, appointed by the director.

(g) Two members of the New Hampshire Association of the Deaf, one of whom shall be the president of the association, or designee, and one of whom shall be appointed by the president of the association.

(h) One representative of the New Hampshire Registry of Interpreters for the Deaf, appointed by the president of the New Hampshire Registry of Interpreters for the Deaf, or designee.

(i) Two members of the public with the lived experience of hearing loss, representing those who are deaf and those who are hard of hearing, nominated by the commission and appointed by the governor.

(j) Two members of the public representing parents of children who are deaf and children who are hard of hearing, nominated by the commission and appointed by the governor.

(k) The attorney general, or designee.

(l) The commissioner of the department of safety, or designee.

(m) The commissioner of the department of corrections, or designee.

(n) The commissioner of the department of transportation, or designee.

(o) The executive director of Granite State Independent Living, or designee.

(p) Two members of Northeast Deaf and Hard of Hearing Services, Inc., one of whom shall be the executive director, or designee, and one member appointed by the executive director.

(q) The executive director of the Disability Rights Center, or designee.

(r) One representative of the New Hampshire Academy of Audiology, appointed by the president of the academy.

(s) A mental health care provider experienced in working with members of the deaf and hard of hearing community, appointed by the governor.

(t) A representative from a private nursing facility appointed by the New Hampshire Health Care Association.

(u) A representative from a county nursing facility appointed by the New Hampshire Association of Counties.

(v) A representative from an assisted living facility appointed by the New Hampshire Association of Residential Care Homes (NHARCH).

(w) A representative from a continuing care retirement community appointed by LeadingAge Maine __ampersand__ New Hampshire.

II. The members of the commission shall elect a chairperson from among the members. Members of the commission shall serve without compensation except that legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. Legislative members of the commission shall serve a term which is coterminous with their elected office.

IV. The commission may solicit information from any person or entity the commission determines relevant to its duties.


Source. 2007, 294:1, eff. Sept. 11, 2007. 2017, 26:1, 2, eff. Apr. 25, 2017. 2021, 126:2, 3, eff. Sept. 21, 2021.

    125-Q:2 Organization;  Meetings. 

I. The commission shall be convened by the first-named member of the house of representatives, and shall hold its first meeting no later than 30 days after the effective date of this chapter.

II. The department of education and the department of health and human services shall provide administrative support, in equal measure, for the commission, including interpreter services for commission meetings.


Source. 2007, 294:1, eff. Sept. 11, 2007.

    125-Q:3 Duties. 

The commission shall:

I. Recommend, where applicable, statutes, rules, policies, and education programs necessary to successfully provide New Hampshire citizens who are deaf or hard of hearing with access to competent interpreters at all levels of local and state government.

II. Investigate establishing an information and referral service operated by and for persons who are deaf and hard of hearing to promote access of such persons to the community-based health care, educational, employment, and social services that are available to all citizens.

III. Develop peer counseling, job placement, and advocacy services which would enhance the ability of individuals who are deaf or hard of hearing to contribute to their communities.

IV. Recommend legislation and identify funding sources by working in collaboration with the following agencies and organizations:

(a) The governor's commission on disability.

(b) The Disabilities Rights Center.

(c) Northeast Deaf and Hard of Hearing Services, Inc.

(d) The department of health and human services.

(e) The department of safety.

(f) The department of corrections.

(g) The department of education.

(h) The department of justice.

(i) Granite State Independent Living.


Source. 2007, 294:1, eff. Sept. 11, 2007.

    125-Q:4 Report. 

The commission shall make an annual report commencing on November 1, 2008, together with any recommendations, to the speaker of the house of representatives, the president of the senate, and the governor.


Source. 2007, 294:1, eff. Sept. 11, 2007.

    125-R:1 Definitions. 

In this chapter:

I. "
Certified outdoor wood-fired hydronic heater
" or "
certified OWHH
" means a residential OWHH certified by the United States Environmental Protection Agency to meet the emissions standards codified in 40 C.F.R. part 60, subpart QQQQ and labeled accordingly, or a commercial high-efficiency, low-emission OWHH qualified by the New York State Energy Research and Development Authority.

II. "
Clean wood
" means wood that has not been painted, stained, coated, preserved, or treated with chemicals such as copper chromium arsenate, creosote, or pentachlorophenol. The term does not include construction and demolition debris as defined in RSA 149-M:4, IV-a.

III. "
Commissioner
" means the commissioner of the department of environmental services.

IV. "
EPA
" means the United States Environmental Protection Agency.

V. "
Municipality
" means cities, towns, and counties in which there are located unincorporated towns or organized places. Municipality shall not mean village districts.

VI. "
Outdoor wood-fired hydronic heater
" (OWHH) or "
outdoor wood boiler
" means a fuel burning device:

(a) Designed to burn wood or other solid fuels;

(b) That the manufacturer requires to be installed outdoors or in structures not normally occupied by humans, including structures such as garages and sheds; and

(c) Which heats building space and water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.

VII. "
Person
" means any individual, partnership, firm or copartnership, association, company, trust, corporation, department, bureau, agency, private or municipal corporation, or any political subdivision of the state, the United States or political subdivisions or agencies thereof, or any other entity recognized by law as subject to rights and duties.

VIII. "
Phase I OWHH
" means an OWHH that has been qualified by the EPA as meeting a particulate matter emission limit of 0.6 pounds per million British Thermal Units input and is labeled accordingly.

IX. "
Phase II OWHH
" means an OWHH that has been qualified by the EPA as meeting a particulate matter emission limit of 0.32 pounds per million British Thermal Units output and is labeled accordingly.


Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:1, eff. July 1, 2017.

    125-R:2 Unit Requirements. 

No person shall buy, sell, offer for sale, distribute for sale, or install an OWHH that is not a certified OWHH. All OWHHs that were in operation as of the effective date of this section may continue to operate in compliance with the requirements of RSA 125-R:3, so long as they are not reinstalled at a new location.


Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:2, eff. July 1, 2017.

    125-R:3 Setback and Stack Height Requirements. 

I. No person shall install or operate a Phase I OWHH unless it is installed at least 100 feet from the nearest property line and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of business not served by the OWHH if that residence or place of business is located within 300 feet of the OWHH.

II. No person shall install or operate a Phase II OWHH or a certified OWHH unless it is at least 50 feet from the nearest property line.

III. No person shall install or operate an OWHH that is not a certified OWHH, a Phase I OWHH, or a Phase II OWHH unless it is located at least 200 feet from the nearest abutting residence and has a permanent attached stack that is at least 2 feet higher than the peak of the roof of a residence or place of business not served by the OWHH if that residence or place of business is located within 300 feet of the OWHH.

IV. This section shall not apply to any OWHH installed prior to August 10, 2008, so long as it is not reinstalled at a new location.


Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:3, eff. July 1, 2017.

    125-R:4 Permitted Fuels. 

Any person that owns or operates an OWHH shall not use a fuel other than the following:

I. Clean wood;

II. Wood pellets made from clean wood;

III. Home heating oil, natural gas, or propane that complies with all applicable sulfur limits and is used as a starter or supplemental fuel for dual-fired OWHHs; or

IV. Other fuels as approved by the commissioner through rules adopted pursuant to RSA 541-A.


Source. 2008, 362:2, eff. Aug. 10, 2008.

    125-R:5 Exemption. 

I. An OWHH that is specifically designed to burn wood pellet fuel with metered fuel and air feed and controlled combustion engineering, which is operated according to manufacturers' specifications and burns only wood pellet fuel shall be exempt from this chapter.

II. An OWHH whose design gross heat input equals or exceeds 2 million BTU/HR shall be exempt from this chapter and shall be subject to permitting requirements under RSA 125-C:11.


Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:4, eff. July 1, 2017.

    125-R:6 Enforcement. 

I. The commissioner shall enforce the provisions of this chapter. Any person who violates any provision of this chapter or any rule adopted under this chapter shall be guilty of a violation and may be assessed by the commissioner, after notice and hearing, an administrative fine for the first offense not to exceed $250 and for each subsequent offense not to exceed $500. All fine proceeds shall be deposited in the general fund.

II. Whenever the commissioner finds a person has violated any of the provisions of this chapter or rule established under this chapter, the commissioner may issue an order of abatement establishing a compliance schedule with which the person shall comply. Any order of abatement shall become final and enforceable by the commissioner within 30 days of its issuance unless an appeal is filed with the air resources council before the expiration of said 30-day period. The council shall hold a hearing on any such appeal promptly, and shall thereafter issue a decision upholding, modifying, or abrogating the commissioner's order of abatement or any part thereof. The council's decision shall become final 10 days after it is issued.


Source. 2008, 362:2, eff. Aug. 10, 2008.

    125-R:7 Municipal Authority. 

Nothing in this chapter shall be construed to limit the authority of a municipality or the department of health and human services to prevent and remove nuisances and protect public health in accordance with RSA 147, or of a municipality to adopt and enforce land use ordinances and regulations pursuant to RSA 674 and 675 relative to OWHHs, including but not limited to provisions relative to setbacks and stack heights that are more restrictive than RSA 125-R:3, prohibiting the installation of OWHHs in one or more zoning districts, or requiring in one or more zoning districts the installation of lower emitting versions of OWHHs that have been certified or qualified under this chapter. A municipality shall not establish quantifiable emission limits, require testing, monitoring, or certification, or specify the types of fuels used. In exercising its authority under this section, a municipality shall not unreasonably limit the installation of or hinder the operation of OWHHs.


Source. 2008, 362:2, eff. Aug. 10, 2008.

    125-R:8 Notice to Buyers. 

I. Prior to the execution of a sale for an OWHH, the distributor/seller shall provide the prospective buyer with a copy of this chapter and a written notice which includes:

(a) An acknowledgment that the buyer was provided with a copy of this chapter;

(b) A list of approved fuel; and

(c) A statement that even if the requirements set forth in this chapter are met there may be ordinances imposed by the buyer's municipality or findings of adverse effects by the commissioner that will limit or prohibit the use of the purchased OWHH.

II. The notice shall be signed and dated by the buyer and the distributor/seller when the sale of the OWHH is completed. The name and address of the owner, name of the manufacturer, and model and date of manufacture of the OWHH shall be included in the completed notice.

III. A copy of the signed written notice required pursuant to paragraph I shall be kept on file by the distributor/seller for a period not less than 3 years from the date of sale and shall be made available upon request for copying and/or inspection to the commissioner, the municipal health officer in the municipality in which the purchased OWHH is installed, and the commissioner of the department of health or human services.


Source. 2008, 362:2, eff. Aug. 10, 2008. 2017, 60:5, eff. July 1, 2017.

    125-S:1 Purpose. 

The general court finds that emissions of air contaminants from motor vehicles represent a potential serious health problem to the citizens of New Hampshire and a threat to the air quality of the state. The purpose of this chapter is to establish a fund to be used for costs incurred by the department of environmental services in the prevention and abatement of emissions of air contaminants from motor vehicles registered for on-road use in the state of New Hampshire.


Source. 2009, 144:48, eff. July 1, 2009.

    125-S:2 Definitions. 

In this chapter:

I. "
Department
" means the department of environmental services.

II. "
Motor vehicle inspection fee
" means the fee collected by the department of safety pursuant to RSA 266:2.

III. "
Mobile source
" means, for the purposes of this chapter, any motor vehicle registered for on-road use by the department of safety, division of motor vehicles.


Source. 2009, 144:48, eff. July 1, 2009.

    125-S:3 Fund Established. 

There is established a motor vehicle air pollution abatement fund, which shall be administered by the department of environmental services. This fund shall be used for costs incurred by the department in the course of carrying out activities that are designed to reduce air pollution in the state from the mobile source sector. All fees and monetary grants, gifts, donations, or interest generated by these funds shall be deposited with the state treasurer in a special nonlapsing fund to be known as the motor vehicle air pollution abatement fund and shall be continually appropriated to the department for the administration of this chapter.


Source. 2009, 144:48, eff. July 1, 2009.

    125-S:4 Fund Established;  Collection. 

Funding for the motor vehicle air pollution abatement fund shall be from the portion of the motor vehicle inspection fee established by RSA 266:2.


Source. 2009, 144:48, eff. July 1, 2009.

    125:1 Repealed by 1986, 198:23, I, eff. Aug. 2, 1986. 

    125:10 Drugs;  Foods. 

The commissioner of the department of health and human services shall take cognizance of the interests of the public health, relating to the sale of drugs and foods and the adulteration of such drugs and foods and shall make all necessary investigations and inquiries in reference to them. For these purposes he may appoint, within available appropriations and subject to rules adopted by the director of personnel, inspectors, analysts, and chemists, who shall be subject to his supervision and removal.


Source. 1891, 39:5. PS 107:4. PL 125:6. RL 147:6. 1950, 9:2. RSA 125:10. 1986, 198:3. 1995, 310:182, eff. Nov. 1, 1995.

    125:11 Public Buildings. 

The commissioner of the department of health and human services shall take cognizance of the sanitary condition of all public buildings, hospitals, penal institutions, and facilities for the detention of minors, whether state or county.


Source. 1881, 64:3. 1889, 18:4. PS 107:5. PL 125:7. RL 147:7. RSA 125:11. 1986, 198:4. 1995, 310:182, eff. Nov. 1, 1995.

    125:12-a Repealed by 1986, 198:23, VII, eff. Aug. 2, 1986. 

    125:12 Repealed by 1986, 198:23, VI, eff. Aug. 2, 1986. 

    125:13-a Health Service Room. 

The legislative facilities committee shall equip and maintain a health service room in such location in the state house as may be assigned for such purpose. Said room shall be staffed by a licensed registered nurse employed by the legislative facilities committee, and the room shall be kept open at all times when the state house is open for business. The expense of the health service room, including a contract nurse, shall be a charge upon the joint expenses appropriation to the general court. The department of health and human services may, in the event of the absence of the employed nurse, provide from its staff a licensed registered nurse on a temporary basis. The department of health and human services is further authorized, in the event the department cannot provide a licensed registered nurse, to negotiate a contract for the legislative facilities committee with a nursing service for the purpose of staffing the health service room in the event of an absence of the employed nurse. The daily coordination of the contract nurse shall be accomplished jointly with the house chief of staff and the department of health and human services. The commissioner of the department of health and human services shall provide medical supervision for the employed nurse, for any temporarily assigned nurse and, if necessary, for any contracted nursing service.


Source. 1957, 245:1. RSA 125:13-a. 1983, 291:1, I. 1992, 289:31. 1994, 82:1. 1995, 310:175, 181, 182, eff. Nov. 1, 1995.

    125:13 Repealed by 1986, 198:23, VIII, eff. Aug. 2, 1986. 

    125:14 Repealed by 1986, 198:23, IX, eff. Aug. 2, 1986. 

    125:15-a Rulemaking. 

The commissioner of the department of health and human services shall adopt rules under RSA 541-A relative to:

I. The administration of the provisions of RSA 125:9 through 125:15.

II. The administration of occupational health programs under RSA 140.

III. The qualifications of the district health officer under RSA 127:6.

IV. The definition of a toxic substance under RSA 277-A:3, V.

V. The laboratory services to be provided and fees to be charged under RSA 131:4.

VI. The methods and procedures for requesting and conducting inspections pursuant to RSA 125:9, X, and the provision of technical consultation and recommendations that may result from such inspections.

VII. The methods and procedures necessary to conduct the rabies surveillance effort with the assistance of the department of agriculture, markets, and food and the fish and game department, as required under RSA 125:9, II.

VIII. [Repealed.]


Source. 1985, 190:19. 1986, 198:6. 1988, 118:2. 1989, 353:2. 1992, 206:3. 1993, 334:1. 1995, 130:4; 310:182. 2000, 77:1. 2003, 319:88. 2006, 226:2, eff. July 1, 2006.

    125:15-b Repealed by 2011, 224:97, eff. July 1, 2011. 

    125:15 Powers Generally. 

The commissioner of the department of health and human services shall have authority:

I. To receive and expend all funds made available to the department by the federal government, the state or its political subdivisions, or from other sources for general activities for health promotion, providing adequate facilities for promotion and administrative guidance of local health services, and the training of personnel employed or to be employed in the department or local health departments.

II. To receive and expend any reimbursements for expenditures previously made for such purposes.

III. To cooperate with the federal government, through its appropriate agencies or instrumentalities, and with other state and local agencies and organizations in developing and administering public health activities as provided for in this section.


Source. 1939, 92:1. RL 147:12. RSA 125:15. 1983, 291:1, I. 1985, 190:20. 1986, 198:5. 1995, 310:68, eff. Nov. 1, 1995.

    125:16-a Repealed by 1986, 198:23, XI, eff. Aug. 2, 1986. 

    125:16-b Repealed by 1986, 198:23, XII, eff. Aug. 2, 1986. 

    125:16-c Repealed by 1986, 198:23, XIII, eff. Aug. 2, 1986. 

    125:16-d Repealed by 1986, 198:23, XIV, eff. Aug. 2, 1986. 

    125:16 Repealed by 1986, 198:23, X, eff. Aug. 2, 1986. 

    125:17 Repealed by 1983, 410:3, I, eff. Aug. 22, 1983. 

    125:18 Repealed by 1983, 410:3, II, eff. Aug. 22, 1983. 

    125:19 to 125:21 Repealed by 1985, 190:15, eff. May 29, 1985. 

    125:2 Repealed by 1986, 198:23, II, eff. Aug. 2, 1986. 

    125:22 to 125:24 Repealed by 2020, 37:29, eff. July 29, 2020. 

    125:25-a Definitions. 

In this subdivision:

I. "Diagnostic service" means providing any test to determine or identify the nature of a disease, including laboratory and exploratory tests.

II. "Department" means the department of health and human services.

III. "
Health care practitioner
" means any person licensed or registered as a health care provider in the state of New Hampshire. "Health care practitioner" shall not include any person who has retired from the practice of health care, or any person who does not hold a current license or certificate to practice health care.

IV. "Ownership interest" means any and all ownership interest by a health care practitioner or such person's spouse or child, including, but not limited to, any membership, proprietary interest, stock interest, partnership interest, co-ownership in any form, or any profit-sharing arrangement. It shall not include ownership of investment securities purchased by the practitioner on terms available to the general public and which are publicly traded.

V. "Therapeutic services" means physical therapy, radiation therapy, intravenous therapy and rehabilitation services including physical therapy, occupational therapy, speech pathology or any combination thereof.


Source. 1993, 334:2. 1995, 310:72. 2000, 77:2, eff. June 20, 2000.

    125:25-b Disclosure of Ownership Interest to Patient. 

I. Any health care practitioner who has an ownership interest in an entity which provides diagnostic or therapeutic services, or receives compensation or remuneration for referral of such patient to an entity which provides diagnostic or therapeutic services, shall disclose such interest to any patient prior to referring the patient to such entity for diagnostic or therapeutic services.

II. Such information shall be disclosed on a written referral to each patient at the time of referral; or, if referred by phone, verbal disclosure shall be made at the time of referral and a written referral shall be promptly sent to the patient.

III. The referral shall contain the following written conspicuously on its face:

"The referring health care practitioner maintains an ownership interest in the facility to which you are being referred. You are not required to utilize the facility to which you are being referred for these services. These services may be available elsewhere in the community. This office will provide an alternative referral upon your request."

IV. An entity which provides diagnostic and therapeutic services shall include services provided by an entity within a hospital, but which is not owned by the hospital.

V. This section shall not apply to in-office diagnostic services.

VI. Failure to provide written disclosure of an ownership interest may result in suspension of one's professional license or registration.


Source. 1993, 334:2, eff. July 1, 1993.

    125:25-c Disclosure to the Licensing Authority. 

I. Notwithstanding any other provision of law, any health care practitioner who has an ownership interest in an entity which provides diagnostic or therapeutic services shall disclose such interest to the appropriate licensing authority regardless of whether any referrals are provided to the health care practitioner's entity or any other entity. In the disclosure to the appropriate licensing authority, the health care practitioner shall list all diagnostic and therapeutic services provided by any entity in which the health care practitioner has an ownership interest. Disclosure of ownership shall be made upon application for and renewal of the health care practitioner's license, on the application and renewal form.

II. An entity which provides diagnostic and therapeutic services shall include services provided by an entity within a hospital, but which is not owned by the hospital.

III. This section shall not apply to in-office ancillary services.

IV. Failure to report such ownership interest may result in disciplinary action by the licensing authority.


Source. 1993, 334:2. 1995, 310:73, 175, 181. 2000, 77:3. 2006, 226:1, eff. July 1, 2006.

    125:25 Repealed by 1995, 310:170, II, eff. Nov. 1, 1995. 

    125:26 Repealed by 1986, 198:23, XV, eff. Aug. 2, 1986. 

    125:27 Repealed by 1986, 198:23, XVI, eff. Aug. 2, 1986. 

    125:28 Repealed by 1986, 198:23, XVII, eff. Aug. 2, 1986. 

    125:29 Repealed by 1986, 198:23, XVIII, eff. Aug. 2, 1986. 

    125:3 Repealed by 1959, 106:2, eff. July 1, 1959. 

    125:30 Repealed by 1986, 198:23, XIX, eff. Aug. 2, 1986. 

    125:31 Repealed by 1986, 198:23, XX, eff. Aug. 2, 1986. 

    125:32 Repealed by 1986, 198:23, XXI, eff. Aug. 2, 1986. 

    125:33 to 125:36 Repealed by 1971, 254:2, eff. Aug. 22, 1971. 

    125:37 to 125:41 Repealed by 1969, 217:2, eff. Aug. 4, 1969. 

    125:4 Repealed by 1986, 198:23, IV, eff. Aug. 2, 1986. 

    125:42 to 125:55. Repealed by 1963, 229:2, eff. July 2, 1963. 

    125:5 Repealed by 1986, 198:23, V, eff. Aug. 2, 1986. 

    125:56 to 125:77 Repealed by 1986, 169:4, eff. July 27, 1986. 

    125:6 to 125:8 Repealed by 1961, 222:6, I, eff. July 1, 1962. 

    125:77-a Repealed by 1982, 30:6, eff. April 30, 1982. 

    125:77-b Prohibition. 

No person shall receive, store, or dispose of radioactive waste or spent nuclear fuel in the state or within the coastal jurisdiction of the state. Nothing in this subdivision shall be construed to prohibit the use or interim on-site storage of nuclear fuel or spent fuel, or in any way to abrogate or amend an agreement entered into between the state and the United States Atomic Energy Commission, or its successor, pursuant to section 274 
 of the Atomic Energy Act of 1954 as amended. Under no circumstances shall spent nuclear fuel, originating from any location other than Seabrook Station, be received for on-site storage within the state.


Source. 1979, 350:3. 1982, 30:5. 2001, 193:2, eff. Sept. 3, 2001.

    125:77-c to 125:77-f Repealed by 1982, 30:6, eff. April 30, 1982. 

    125:77-g Repealed by 1986, 78:1, I, eff. July 12, 1986. 

    125:77-h Repealed by 1986, 78:1, II, eff. July 12, 1986. 

    125:77-i Repealed by 1986, 78:1, III, eff. July 12, 1986. 

    125:77-j Repealed by 1986, 78:1, IV, eff. July 12, 1986. 

    125:77-k Repealed by 1986, 78:1, V, eff. July 12, 1986. 

    125:78 to 125:89 Repealed by 1979, 359:1, eff. July 1, 1979. 

    125:8-a Purpose. 

The purpose of this chapter is to provide measures to improve and preserve the health of the citizens of this state.


Source. 1986, 198:1, eff. Aug. 2, 1986.

    125:9-a Medical Advice to Director of Motor Vehicles. 

It shall be the duty of the department of health and human services to recommend to the director of motor vehicles the policies and procedures to be followed by the state with respect to all medical aspects of licensing drivers, enforcement, including but not limited to differentiating between ill and intoxicated drivers, and accident investigation, including but not limited to examination of the dead for alcohol and drugs.


Source. 1967, 282:1. 1995, 310:181, eff. Nov. 1, 1995.

    125:9 Duties. 

The commissioner of the department of health and human services shall:

I. Take cognizance of the interests of health and life among the people.

II. Make investigations and inquiries concerning the causes of epidemics and other diseases, the sources of morbidity and mortality, and the effects of localities, employments, conditions, circumstances, and the environment on the public health. Investigations authorized under this paragraph shall also include an extended rabies surveillance effort which shall be conducted with assistance from the department of agriculture, markets, and food and the fish and game department.

III. Advise and assist town health officers in making investigations into sanitary matters in their towns.

IV. Take measures to communicate such information as necessary on the improvement and preservation of health.

V. Recommend to the director of motor vehicles the procedures necessary under RSA 125:9-a.

VI. Recognize the public health aspects relating to drugs and food under RSA 125:10.

VII. Verify sanitary conditions of public buildings under RSA 125:11.

VIII. Equip and maintain a first-aid room under RSA 125:13-a.

IX. Develop or designate a statewide program for poison information and treatment under RSA 126-A:49.

X. Investigate complaints of poor indoor air quality and conduct inspections of buildings and dwellings, upon request, for the presence of radon or other health hazards present in indoor air; and provide education, technical consultation, and recommendations for abatement of such health hazards in conjunction with the University of New Hampshire cooperative extension.

XI. Consult with and assist the executive director, department of fish and game in the review and approval of off highway recreational vehicle safety training courses.

XII. [Repealed.]

XIII. [Repealed.]

XIV. [Repealed.]


Source. 1881, 64:6. PS 107:3. PL 125:5. RL 147:5. RSA 125:9. 1983, 291:1, I. 1986, 198:2. 1988, 118:1; 264:9. 1992, 206:2. 1994, 284:2; 403:3. 1995, 130:4; 134:23; 310:7, 182, 197. 2003, 319:97, II, eff. Jan. 1, 2004. 2018, 335:4, I, II, eff. June 25, 2018.

    125:90 to 125:94 Repealed by 1979, 359:1, eff. July 1, 1979. 

    125:95 Repealed by 1986, 198:23, XXII, eff. Aug. 2, 1986. 

    126-A:1 Declaration of Purpose. 

The purpose of this chapter is to provide an integrated, administrative structure for the design and delivery of a comprehensive and coordinated system of health and human services which is family-centered and community-based for the citizens of New Hampshire.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:10-a Repealed by 2015, 276:108, I, eff. July 1, 2015. 

    126-A:10 Salaries. 

The annual salaries of the commissioner of health and human services, deputy commissioner of health and human services, associate commissioner, division directors, and unclassified employees of the department shall be as prescribed by RSA 94:1-a.


Source. 1995, 310:1, eff. Nov. 1, 1995. 2017, 156:192, eff. July 1, 2017.

    126-A:11 Medical and Scientific Research Information. 

I. Personal medical and/or other scientific data of any kind whatsoever obtained for the purpose of medical or scientific research by the commissioner or by any person, organization, or agency authorized by the commissioner to obtain such data shall be confidential and shall be used solely for medical or scientific purposes. Such data shall include, but not be limited to, all information, records of interviews, written reports, statements, notes, memoranda, or other data procured in connection with such scientific studies and research conducted by the department, or by other persons, agencies, or other organizations so authorized by the commissioner.

II. No hospital, sanitarium, rest home, nursing home, other person, or agency shall be held liable in any action for damages or other relief arising from the furnishing of personal medical and/or other scientific data to the department of health and human services or to the representative of an authorized medical or scientific research project.

III. Personal medical and/or other scientific data obtained by the department of health and human services or by an authorized research project shall not be admissible as evidence in any action of any kind in any court or before any tribunal, board, agency, or person.

IV. Personal medical and/or other scientific data shall not be exhibited nor their contents disclosed in whole or in part by any officer or employee of the department, or by any other person, except as may be necessary to further the study or research project to which they relate.

V. Any person who violates the provisions of this section by the unauthorized disclosure of any confidential medical or scientific data, in whole or in part, is guilty of a misdemeanor.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:12-a Prompt Payment Required. 

The department shall pay health care providers, including dental providers, within 45 days of receipt of a clean claim for services rendered to medicaid recipients. For the purposes of this section "
clean claim
" means a claim for payment of covered health care expenses that is submitted to the department on the department's standard claim form using the most current published procedural codes, with all the required fields completed with correct and complete information in accordance with the department's published filing requirements.


Source. 2000, 274:1, eff. Jan. 1, 2001; 314:1, eff. Jan. 1, 2001.

    126-A:12 Small Claims. 

I. The commissioner may use funds accruing to the department of health and human services for the payment of small claims of $100 or less occasioned by non-insured personal loss or accidents due to the activities of the department. Any person claiming loss or damage due to the activities of the department in an amount of $100 or less may make application to the commissioner for payment. The application shall be filed within 60 days of the date the loss or damage is incurred. If the commissioner, upon investigation, is of the opinion that the loss or damage was caused as a result of the activities of the department, the commissioner shall make payment to the claimant from department funds.

II. Any person claiming loss or damage due to the activities of the department in an amount of less than $500, but greater than $100, may make application to the commissioner for payment of such claim. The application shall be filed within 60 days of the date the loss or damage is incurred. If the commissioner, upon investigation, is of the opinion that the loss or damage was caused because of the activities of the department, the commissioner shall submit a recommendation to the board of claims for approval of payment to the claimant from department funds.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:13 Oversight Committee;  Establishment;  Purpose. 

I. There shall be an oversight committee on health and human services consisting of the following members :

(a) Three members of the senate, at least one of whom shall be a member of the senate health and human services committee and one of whom shall be a member of the senate finance committee, appointed by the president of the senate.

(b)(1) Five members of the house of representatives, 3 of whom shall be from the health, human services and elderly affairs committee, and one of whom shall be from the house finance committee division responsible for the department of health and human services, appointed by the speaker of the house of representatives.

(2) Two members of the house of representatives, one of whom shall be appointed by the speaker of the house of representatives, and one of whom shall be appointed by the leader of the minority party of the house of representatives, shall be available to serve, at the request of the committee chairperson, as an alternate member for an absent committee member. An alternate member shall have full voting authority while serving for an absent committee member.

II. Membership on the oversight committee shall be for the biennium and shall be coterminous with membership in the general court.

III. The oversight committee on health and human services shall provide legislative oversight of the department to support a cost effective, comprehensive, coordinated system of health and human services that is family-centered and community-based. The committee shall promote greater efficiencies by consolidating and centralizing reporting requirements and other responsibilities of the department under this section to avoid duplication of efforts involving other non-regulatory boards, commissions, councils, advisory committees, and task forces.


Source. 1995, 310:1. 1998, 140:1. 2005, 177:21. 2010, 268:1, 2, eff. Sept. 4, 2010. 2020, 37:21, eff. July 29, 2020. 2021, 211:3, eff. Aug. 11, 2021.

    126-A:14 Organization and Compensation. 

The oversight committee shall have a chairperson who shall be chosen by vote from among the committee membership. The chairperson's term of office shall be for the biennium. The committee shall have a clerk who shall be chosen by vote by the members of the committee. The clerk's term of office shall be for the biennium. The members of the committee shall receive legislative mileage when in performance of their duties.


Source. 1995, 310:1. 1998, 140:1, eff. Aug. 7, 1998.

    126-A:15-a Subcommittee on Alzheimer's Disease and Other Related Dementia. 

I. In addition to the subcommittees established under RSA 126-A:15, II, the health and human services oversight committee shall create a permanent subcommittee on Alzheimer's disease and other related dementia.

II. Members of the subcommittee shall be as follows:

(a) One member of the house of representatives, appointed by the speaker of the house of representatives.

(b) One member of the senate, appointed by the president of the senate.

(c) The commissioner of the department of health and human services, or designee.

(d) The attorney general, or designee.

(e) A representative of the Alzheimer's Association, appointed by the association.

(f) A representative of the New Hampshire Medical Society, appointed by the society.

(g) The following persons appointed by the governor:

(1) A person who has Alzheimer's disease.

(2) A caregiver of a person who has Alzheimer's disease.

(3) A representative of the nursing facility industry.

(4) A representative of the assisted living industry.

(5) A representative of the adult day care services industry.

(6) A researcher with Alzheimer's-related expertise in basic transitional, clinical, or drug development science.

(h) A representative of the New Hampshire Nurse Practitioner Association, appointed by the association.

(i) A representative of the Home Care Association of New Hampshire, appointed by the association.

(j) A representative of the board of nursing, appointed by the board.

III. The subcommittee shall:

(a) Review other states' plans for Alzheimer's disease.

(b) Survey individuals with Alzheimer's disease to more accurately estimate the number of persons in the state with the disease.

(c) Study existing services and resources, including but not limited to:

(1) The type, cost, and availability of dementia services.

(2) Dementia-specific training requirements for long-term care staff.

(3) Quality care measures across all care settings.

(4) Capacity of public safety and law enforcement to respond to persons with Alzheimer's disease.

(5) Availability of home and community-based resources for persons with Alzheimer's disease and respite care to assist families and caregivers.

(6) Inventory of long-term care dementia care units and beds.

(7) Adequacy and appropriateness of geriatric-psychiatric units for persons with behavior disorders associated with Alzheimer's disease and related dementia.

(8) Assisted living residential options for persons with dementia.

(9) State support of Alzheimer's disease research through New Hampshire universities and other resources.

(d) Determine state policies and responses that are necessary to provide clear and coordinated services and supports to persons, families, and caregivers living with Alzheimer's disease and develop strategies to address any identified gaps in service.

(e) Establish a New Hampshire state plan for Alzheimer's disease and other related dementia as approved by the health and human services oversight committee.

IV. Beginning November 1, 2014, and each November 1 thereafter, the health and human services oversight committee shall submit an annual report to the chairperson of the health, human services and elderly affairs committee, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library relative to:

(a) The status of implementation of the New Hampshire state plan for Alzheimer's disease and other related dementia.

(b) The subcommittee's findings and recommendations, including any recommendations for legislation.


Source. 2014, 67:1, eff. May 27, 2014.

    126-A:15 Duties of Oversight Committee. 

I. The committee shall provide legislative oversight of and informational meetings on the programs, policies, and rules of the department as brought to its attention by committee members, legislators, department personnel, or others. The committee shall monitor the efficiency of operation and the quality of service provided by the department's programs. The committee's work may include, but is not limited to, analyzing the efficacy of selected programs, studying the characteristics of target populations, researching trends affecting program costs and participation, and reviewing alternate approaches to programmatic and administrative concerns. The committee may make recommendations to the commissioner and recommendations for legislation as indicated by its findings. The committee shall maintain communications with the department, and any other departments, as necessary to accomplish its work.

II. The oversight committee shall create subcommittees, councils, task forces, or other ancillary bodies as necessary to implement its responsibilities. In developing these bodies, the committee shall take into account major program areas of the department and populations served by the department, such as public health, behavioral health, developmental disabilities, and elderly and adult services. The authorization for each such body shall be repealed on December 31 of the even-numbered year of the biennium. The committee shall:

(a) Establish specific guidelines or outcomes for each such body, including reporting requirements.

(b) Appoint members to each such body, including at least one legislator and, as appropriate, other members as determined by the expertise necessary to accomplish the work of the body. Legislative members need not be a member of the oversight committee.

(c) Appoint a chair of each such body, who shall be a legislator and who shall act as the liaison between the body and the oversight committee.

III. Directly or through an ancillary body, the oversight committee shall review quarterly the allocation of funds to and receipt of services by persons with developmental disabilities and acquired brain disorders, to assure that eligible persons receive services in a timely manner and in accordance with their needs as provided in RSA 171-A.

IV. Directly or through an ancillary body, the oversight committee shall serve as the legislative liaison for the state commission on aging, established under RSA 19-P:1, and shall consider the major problems facing elderly citizens.

V. The committee shall meet at the call of the chair but in no case less than every 2 months.

VI. The committee shall make a report no later than the first day of November of the second year of the biennium as to its activities and recommendations to the speaker of the house of representatives and the president of the senate.


Source. 1995, 310:1. 1998, 140:2. 2001, 39:1. 2003, 78:2. 2005, 175:20. 2006, 46:1. 2007, 181:4. 2010, 268:3, eff. Sept. 4, 2010. 2019, 152:3, eff. July 1, 2019.

    126-A:16 Repealed by by 1995, 310:3, II, eff. Dec. 31, 1998. 

    126-A:17-a Repealed by 2018, 298:2, eff. Nov. 1, 2020. 

    126-A:17 Advisory Council on Child Care. 

I. There is established an advisory council on child care in New Hampshire consisting of voting and nonvoting members listed in paragraphs II and III.

II. The advisory council shall consist of the following voting members:

(a) One member of the house of representatives, appointed by the speaker of the house.

(b) One member of the senate, appointed by the president of the senate.

(c) Two representatives of Early Learning New Hampshire, one to represent the family child care provider community and one to represent the center-based child care provider community, appointed by such organization.

(d) [Repealed.]

(e) One individual representing the interests of school age child care providers, appointed by the New Hampshire Afterschool Network.

(f) The president of the New Hampshire Child Care Resource and Referral Network, or designee.

(g) The president of the New Hampshire Association for the Education of Young Children, or designee.

(h) The president of the New Hampshire American Academy of Pediatrics, or designee.

(i) The chair of the New Hampshire Head Start Directors Association, or designee.

(j) One individual representing the concerns of the business community relative to child care services, appointed by the Business and Industry Association.

(k) Three individuals who are consumers of child care services, appointed by the governor. To the extent possible, economic, cultural, and geographical diversity shall be maintained among these at-large appointees, with one residing in a city, one residing in a town with a population in excess of 5,000 persons, and one residing in a town with fewer than 5,000 persons. One consumer appointee shall have a child with a disability who attends a child care program.

(l) One representative of New Hampshire early childhood education programs, appointed by the chancellor of the community college system of New Hampshire.

(m) One representative of the university system of New Hampshire whose area of expertise is early childhood education, appointed by the chancellor of the university system of New Hampshire.

(n) One representative of the department of education, appointed by the commissioner of education. The representative shall have nonvoting status for votes pertaining to the department of education matters.

(o) One individual representing the interests of foster parents, appointed by the New Hampshire Foster and Adoptive Parent Association.

III. The advisory council shall consist of the following nonvoting members:

(a) Representatives from the department of health and human services, appointed by the commissioner of health and human services. One of the representatives shall be the administrator of the child development bureau. Additional representatives from the child development bureau shall be included. Other representatives from the department shall include, but not be limited to individuals with expertise in child care licensing, maternal and child health, behavioral health, developmental disability services, child care subsidies, Head Start, and Temporary Assistance for Needy Families.

(b) Any number of additional non-voting members appointed by a majority vote of the voting members. The purpose of this provision is to permit the council to seek out and recognize persons with expertise and experience in the field of child care who may make significant contributions to the work of the council in specific policy areas.

IV. (a) The term of office for each member appointed under subparagraphs II(j) through (n) shall be 3 years, or until a successor is appointed and qualified in the case of a vacancy. The term of office for all other members shall be coterminous with the term of office for the position that qualifies that member to serve on the advisory council. A vacancy shall be filled in the same manner, but only for the unexpired term.

(b) The advisory council shall meet at least quarterly, and may meet more often at the call of the chair, or at the request of a majority of the members directed to the chair. The council may, by majority vote of the voting members, adopt additional bylaws as deemed necessary by the council.

(c) The council shall, at its annual meeting, elect one voting member to serve as chair for a one-year term, or until a successor is elected and qualified.

(d) No member shall receive any compensation for serving on the council, provided that the legislative members shall receive legislative mileage when in performance of their duties and the consumer members may receive compensation dependent upon the availability of funds, other than from the general fund.

V. The duties of the council shall include, but not be limited to:

(a) Developing a 5-year state plan of recommended improvements of child care services in the state of New Hampshire, copies to be sent to the speaker of the house of representatives, the president of the senate, and the governor.

(b) Submitting an annual progress report of the council's 5-year state plan to the speaker of the house of representatives, the president of the senate, the oversight committee on health and human services, and the governor.

(c) Reviewing and making recommendations regarding federal plan submissions and proposed legislative changes to facilitate the development and provision of quality child care services in the state of New Hampshire.

(d) Acting as a forum to receive information from child care professionals, educators, providers, consumers, government agencies, and the business community relating to the provision of child care services in the state of New Hampshire.

(e) Advising the commissioner of health and human services on any issue related to child care in New Hampshire.

(f) Informing and communicating with the commissioner of education on any issue related to child care in New Hampshire.

(g) Informing and communicating with the governor on any issue related to child care in New Hampshire.

VI. The duties of the department of health and human services shall include, but not be limited to:

(a) Informing the advisory council, in a timely manner, of any proposed legislation and any proposed changes to administrative rules relating to the provision of quality child care.

(b) Informing the advisory council, at least twice annually, on matters regarding:

(1) Federal and child care revenues and expenditures.

(2) Financial reporting and statistics related to child care subsidies.

(3) The status of other federal and state child care grants.

(4) Information on consumer and provider utilization and availability.

VII. The department of health and human services shall continue to provide administrative support to the advisory council.

VIII. The council is the advisory body for the federally-funded Child Care Development Fund. The advisory council may serve as an advisory body when required for state participation in or may coordinate with other federally-funded child care programs granted to the state of New Hampshire.


Source. 1995, 310:1. 1999, 184:1. 2004, 92:1, 2. 2007, 361:9. 2012, 39:1-3, eff. July 1, 2012.

    126-A:18-a Rate Setting for Home Health Services. 

I. The commissioner of health and human services shall adopt rules under RSA 541-A to establish a rate setting methodology which establishes unit medicaid reimbursement rates for home health services which reflect the average cost to deliver services. The commissioner shall consider the factors of economy, efficiency, quality of care, and access to care, in accordance with guidelines in federal regulations.

II. The department of health and human services shall annually on or before October 1 establish unit rates for home health services paid under medicaid which better reflect the average cost to deliver services.

III. The commissioner shall make a biennial report commencing on November 1, 2017 and thereafter before November 1 of odd-numbered years relative to the rates for home health services, to the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate finance committees.


Source. 1997, 346:2, eff. Aug. 23, 1997. 2015, 259:17, eff. July 1, 2015.

    126-A:18-b Repealed by 2013, 80:1, eff. Aug. 18, 2013. 

    126-A:18 Primary Preventative Health Services. 

The commissioner shall:

I. (a) Develop primary preventive health services for low-income and underserved populations.

(b) Establish a network of primary care and family support services for children with chronic illness.

(c) Recruit and establish retention of primary care practitioners in rural communities and areas of high primary care needs.

(d) Provide technical assistance to communities, health care agencies, and primary care providers developing comprehensive care services.

II. On June 30, 1999, any unexpended funds appropriated for the purposes of this section shall lapse to the fund from which they were appropriated.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:19 Community Living Facilities. 

The commissioner shall develop a statewide program of community living facilities for persons with developmental disabilities or mental illnesses. The commissioner shall be responsible for the selection, certification, and monitoring of such community living facilities in accordance with rules adopted by the commissioner pursuant to RSA 541-A. The commissioner shall also be responsible for prior approval of all individual residential placements and shall adopt rules relative to monitoring the care, treatment, and habilitation provided to all residents of community living facilities. Rates for enhanced family care residents shall be set according to the severity of the resident's disability. Placements of children shall be consistent with RSA 170-A, 170-C, and 170-E, as appropriate. Approval by the commissioner of an individual for placement in a community living facility shall be based on a finding by the commissioner that the community living facility is the least restrictive environment appropriate to the needs of the individual. "Least restrictive environment" means the facility, program, or service which least inhibits a person's freedom of movement, freedom of choice, and participation in the community, while achieving the purposes of habilitation and treatment.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:2 Definitions. 

In this chapter:

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:20 Standards and Certification for Community Living Facilities. 

I. The commissioner shall adopt rules pursuant to RSA 541-A to govern the establishment and operation of community living facilities. The certification of community living facilities shall be based on these rules. Certification of such community living facilities shall be on a permanent, temporary, or emergency basis in accordance with these rules. No placements shall occur in the absence of such certification. The commissioner may withdraw certification at any time the commissioner has reasonable cause to believe that there exist violations of federal, state, or local law or of department rules adopted pursuant to RSA 541-A pertaining to community living facilities.

II. Certifications shall be subject to periodic review and renewal by the commissioner.

III. The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this subdivision or rules adopted under this subdivision. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this subdivision. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this subdivision shall be forwarded to the state treasurer to be deposited into the general fund.


Source. 1995, 310:1. 2003, 73:1, eff. Jan. 1, 2004.

    126-A:21 Standards for Fire Safety. 

Notwithstanding RSA 153:5, 153:10-b, or any law to the contrary, the fire code applicable to single family dwellings, as defined in RSA 153:1, X, or, where applicable, single rental units in multi-unit dwellings, as defined in RSA 153:1, IX-a and VI, respectively, shall be the fire code applied by the state fire marshal and local fire departments to community living facilities housing 3 or fewer clients.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:22 Rates for Community Living Facilities. 

I. The commissioner shall establish rates, by rules adopted under RSA 541-A, sufficient to provide a reasonable subsistence compatible with decency and health for persons in placement under this program. Payments hereunder may be made monthly by the commissioner from appropriated funds.

II. The commissioner may establish rates pursuant to RSA 167:7, I-a for certain programs administered by the department.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:23 Repealed by 2012, 40:1, eff. July 1, 2012. 

    126-A:24 Placement. 

Community living facilities serving persons with developmental disabilities shall be considered a part of the service delivery system as defined in RSA 171-A.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:25 Purpose. 

The purpose of this subdivision is to assist in maintaining and making available additional emergency shelter facilities and other supportive and preventive services and to assist in meeting the operating costs of such shelters and services.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:26 Program Established. 

There is hereby established an emergency shelter program to assist in providing safe and sanitary shelters on a short-term emergency or transitional basis for persons who are destitute, mentally ill, abandoned, or developmentally disabled, and other poor persons.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:27 Capital Construction and Rehabilitation. 

Such funds as the general court may specifically appropriate from time to time may be granted to private nonprofit organizations on an equal matching grant formula basis for the capital costs of renovation, major rehabilitation, or conversion of buildings for use as emergency shelters for the homeless. Such organizations may also use such funds to add additional beds to existing emergency shelters, to maintain such shelters and to provide related supportive and preventive services.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:28 Operating Funds. 

Such funds as the general court may specifically appropriate from time to time may be granted to private nonprofit organizations on an equal matching formula basis to provide essential services including, but not limited to, maintenance, operation, utilities, and furnishings, and to support and maintain the volunteer operational structure.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:29 Eligibility;  Grants. 

I. For the purposes of this subdivision, the term "private nonprofit organization" means a secular or religious organization described in section 501(c)
 of the Internal Revenue Code of 1986 which is exempt from taxation under subtitle A
 of such code. Such organization shall also have an accounting system, a voluntary board, and shall practice nondiscrimination in providing assistance.

II. No grant shall be awarded unless the commissioner makes an administrative finding of fact that the grant is primarily for the public benefit. To make a finding that the grant is primarily for public benefit, the commissioner shall find that:

(a) With respect to grants for a new shelter or additional beds for an existing shelter:

(1) That insufficient shelter facilities exist in the area; and

(2) That the proposal will increase the supply of such facilities.

(b) With respect to grants for operations, that such assistance is needed to maintain essential services or structures under RSA 126-A:29.

(c) In all cases, that the shelter is for the public use and public benefit.

(d) With respect to grants for supportive and preventive services, that such assistance will enable persons assisted to obtain permanent housing and that such services are for the public use and the public benefit.

III. If the grant is to be made to a religious organization, it must have a primary effect of neither advancing nor inhibiting religion. In awarding grants under this subdivision, the department shall give substantial weight to the performance record and general stability of the grant applicant.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:3 General Provisions. 

I. Notwithstanding any provision of law to the contrary, the commissioner is hereby authorized to:

(a) [Repealed.]

(b) Transfer or reassign personnel within and between any division, office, unit, or other component of the department. Upon written notice to the commissioner of administrative services, such changes shall be reflected in the state's payroll and financial systems accounts.

(c) Delegate, transfer or assign the authority to administer and operate any program or service of the department to any employee, division, office, bureau, or other component of the department. Such delegation, transfer or assignment shall include the authority to conduct or perform any act necessary to administer the program or service so assigned.

II. Notwithstanding any provision of law to the contrary, the department shall have no obligation to pay and no cause of action for payment shall be maintained against the department for payment for any product or service, sold, furnished, or leased to the department or any other person on behalf of the department unless an invoice for such product or service has been submitted to the department for payment within 12 months of the date of delivery or provision of the product or service.

II-a. Notwithstanding any provision of law to the contrary, the department shall not require payment and counties shall have no obligation to pay and no cause of action for payment shall be maintained against the counties, for payment for any product or service sold, furnished, or leased to the department or any other person on behalf of the department, unless an invoice for such product or service has been submitted to the counties for payment within 18 months of the date of delivery or provision of the product or service.

III. (a) Notwithstanding any provision of law to the contrary, and notwithstanding any fee, rate, or payment schedule established under the medical assistance program pursuant to RSA 161 and RSA 167 or any other fee, rate, or payment schedule for any other program of the department, no provider shall bill or charge the department more than the provider's usual and customary charge, as defined in this paragraph.

(b) Except as specified in subparagraph III(c), the term "usual and customary" means the lowest charge, fee, or rate charged by a provider for any product or service at the time such product or service was provided. For the purpose of determining the lowest charge, fee, or rate:

(1) If the provider offers discounts or rebates, then the amount after applying discounts or rebates shall be utilized;

(2) If the provider offers a sale for a limited period of time on any good or service, then the sale price shall be utilized during the sale period;

(3) If the provider regularly accepts less than its full charge from any customer, then the amount accepted shall be utilized;

(4) If any good or service is offered free of charge by the provider, then no charge shall be made to the department for the provision of the product or service to the department or a client of the department who satisfies the terms of the offer;

(5) If any good or service is covered under any warranty or guarantee offered by the provider, then the amount charged to the department shall not exceed the amount which would otherwise be payable solely by the customer; and

(6) If a provider structures or packages its goods or services in a manner which is exclusively or primarily used for medicaid, medicare, or other third-party payors, then the charge for the most similar good or service offered to any other consumer shall be utilized.

(c) The following items shall not be utilized in determining the "usual and customary" or lowest charge, fee, or rate:

(1) Discounts offered solely to bona fide employees or family members of employees;

(2) Discounts offered solely on the basis of age shall be utilized in determining the usual and customary charge only when the client of the department satisfies the age requirement;

(3) Free goods or services or discounts provided to a limited number of persons on the basis of financial hardship;

(4) Charges by an organization on a sliding fee scale for a good or service where the organization's charge is based on ability to pay;

(5) Charges not collected as a result of bad debts incurred by the provider. A bad debt exists where sound business judgment indicates that there is no reasonable likelihood of recovery of the amount owed; and

(6) Charges for educational-related services governed by 42 U.S.C. 1396b(c).

(d) The commissioner may waive the application of RSA 126-A:3, III if the commissioner determines such action is necessary to ensure a continuum of care and service to persons served by community mental health centers, to avert serious economic hardships to mental health centers, or to ensure that hospitals may contract for wholesale hospital-to-hospital laboratory and testing services.

(e) When a person is being assisted by a city, town, or county in the purchase of a drug product, pursuant to RSA 165 or RSA 166, no provider of pharmaceutical services shall bill or charge the person, city, town, or county for the drug product at a rate in excess of the rate that would be billed or charged the department of health and human services for that product.

III-a. (a) Pharmacists shall be considered providers under RSA 126-A:3, III for the purpose of billing for providing services performed within the scope of a person's license when said service would have been covered under this section if furnished by a physician or as an incident to a physician's service, or furnished by a physician assistant or an advanced registered nurse practitioner.

(b) The commissioner shall submit a Title XIX Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services to implement this paragraph, if necessary.

IV. If the commissioner determines that the department has been charged more than the usual or customary fee, charge or rate as set forth in this section, the commissioner may levy a penalty against the provider of the good or service in the amount of 10 percent of the overcharge or $100, whichever is greater. Moneys received under this paragraph shall be deposited into the general fund.

V. Pharmacists shall substitute generically equivalent drug products for all legend and non-legend prescriptions paid for by the department of health and human services, including the Medicaid program, unless the prescribing practitioner specifies that the brand name drug product is medically necessary. Such notification shall be in the practitioner's own handwriting and shall be retained in the pharmacist's file. The provisions of paragraph III shall not apply to the dispensing by a pharmacy for medical assistance reimbursement for legend and non-legend drugs. The commissioner, in consultation with pharmacy providers, shall establish medical assistance reimbursement for legend and non-legend drugs. For Medicaid fee for service clients, no prior authorization for generically equivalent drugs shall be required.

VI. The department shall provide information to the citizens of New Hampshire, within its existing resources, about the risks and benefits of dental restorative materials including the use of amalgam in children under the age of 6.

VII. Medicaid Hospital Outpatient Services; Designation in Operating Budget.

(a) Notwithstanding any other provision of law to the contrary, beginning with the biennium beginning July 1, 2005 and continuing thereafter, the department shall designate in its operating budget requests specific class lines for hospital outpatient services. The department shall not increase expenditures in approved budgets for such outpatient services without prior approval. If expenditures are projected to exceed the annual appropriation, the department may recommend rate reduction for providers to offset the amount of any such deficit. The department of health and human services shall submit to the legislative fiscal committee and to the finance committees of the house and the senate, the rates that it proposes to pay for hospital outpatient services. The rates shall be subject to the prior approval of the legislative fiscal committee.

(b) For the purpose of Medicaid reimbursement for outpatient hospital services, the only outpatient hospital services for which Medicaid reimbursement shall be provided are those outpatient hospital services which are:

(1) Preventive, diagnostic, therapeutic, rehabilitative, or palliative services that are furnished to outpatients;

(2) Furnished by or under the direction of a physician or dentist;

(3) Furnished in a facility that:

(A) Is licensed or formally approved as a hospital by an officially designated authority for state standard setting; and

(B) Meets the requirements for participation in Medicare as a hospital; CMS-2213-F 62; and

(4) Limited to the scope of facility services that:

(A) Would be included, in the setting delivered, in the Medicare outpatient prospective payment system (OPPS) as defined under 42 C.F.R. section 419.2(b) or are paid by Medicare as an outpatient hospital service under an alternate payment methodology;

(B) Are furnished by an outpatient hospital facility, including an entity that meets the standards for provider based status as a department of a provider set forth in 42 C.F.R. section 413.65; and

(C) Are not covered under the scope of another medical assistance service category under the state plan.

(c) The commissioner may exclude from the definition of outpatient hospital services under subparagraph (b) those types of items and services that are not generally furnished by most hospitals in the state.

VIII. The commissioner shall submit a Title XXI state plan amendment, subject to approval by the fiscal committee of the general court and the oversight committee on health and human services, to administer the children's health insurance program within the department commencing upon implementation of Medicaid managed care. The commissioner shall operate the children's health insurance program utilizing the program model that demonstrates the greatest efficiency and value which includes, but is not limited to, Medicaid expansion, accountable care organization, or risk-based managed care models.


Source. 1995, 310:1, 3, I. 1999, 324:2. 2001, 93:6. 2002, 96:2. 2005, 177:116. 2007, 297:8. 2009, 1:6; 144:25. 2011, 224:26, 43, eff. July 1, 2011. 2015, 213:1, eff. July 6, 2015; 276:207, eff. July 1, 2015. 2021, 189:1, eff. Jan. 1, 2022.

    126-A:30 Residency. 

Persons receiving short-term emergency housing under this subdivision shall continue to maintain their legal residence as it existed at the time of entering the emergency shelter.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:31 Rulemaking. 

The commissioner may adopt such rules, pursuant to RSA 541-A, as the commissioner deems reasonable and necessary to carry out the provisions of this subdivision.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:32 Repealed by 2010, 368:1(41), eff. Dec. 31, 2010. 

    126-A:33 Office Established. 

There shall be an office of reimbursements within the department of health and human services.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:34 Duties. 

I. Subject to the direction and supervision of the commissioner, the office of reimbursements shall:

(a) Review and investigate all records of the New Hampshire hospital, the secure psychiatric unit, the Glencliff home, and the Hampstead hospital or other state-owned facilities that provide child inpatient psychiatric treatment within the state mental health system, relative to expenses incurred by patients, residents, or clients at such institutions, facilities, or programs or expenses incurred by patients, residents, or clients receiving care, treatment, services, or maintenance at the direction of the commissioner of health and human services, and make recommendations to the commissioner and to the respective superintendents or directors of such institutions, facilities, or programs as to the rates to be charged for the care, treatment, and maintenance of such patients, residents, or clients.

(b) Investigate the ability of patients, residents, or clients of such institutions and of the persons receiving care, treatment, maintenance, or services either in public or private institutions or otherwise at the direction of the commissioner and those legally chargeable for their support and maintenance to pay for such care, treatment, maintenance, and/or services and recommend to the commissioner the charge to be rendered.

(c) Submit monthly to the commissioner any recommended changes in the schedule of charges based upon the ability of the patient, resident, or client or those legally chargeable for their support to pay.

(d) Submit monthly to the commissioner a report setting forth any facts or information which bear upon or affect the domicile of any patient, residents, or clients of such institution, facility, or program which the office of reimbursements has found in conjunction with investigations under this subdivision.

(e) Administer estates.

(f) Serve as appraiser without certification if appointed by the probate court, notwithstanding any other provision of law.

(g) Consistent with RSA 126-A:42, II, file a notice of lien with the register of deeds of the county in which the patient or resident of any of the institutions named in RSA 126-A:34 or at a public or private institution owns real property.

II. The commissioner of health and human services shall take such action as the commissioner deems advisable.


Source. 1995, 310:1. 1997, 215:1. 2007, 263:12. 2010, Sp. Sess., 1:27. 2011, 224:300. 2012, 228:2. 2013, 144:39, eff. July 1, 2013. 2022, 272:35, eff. June 24, 2022.

    126-A:35 Other State Departments. 

The office of reimbursements, with the approval of the commissioner, may, upon request, act on behalf of any state department, as defined in RSA 9:1, to recover any moneys due such department. The office of reimbursements shall not be liable for any expenses or costs incurred in any action brought pursuant to this section.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:36 Persons Chargeable With Support of Patients or Residents of Public Institutions. 

Except as limited in RSA 126-A:43, II, expenses incurred in the institutions named in RSA 126-A:34 or at the direction of the commissioner in any public or private institution or elsewhere, may be recovered in any action in the name of the state from the person, or the person's spouse, or, if a minor, the minor's father or mother, whose income or other resources are more than sufficient to provide a reasonable subsistence compatible with decency and health, and the spouse, father and mother are declared jointly and severally liable for such expenses, unless otherwise ordered by the court.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:37 Estates Chargeable for Support. 

Except as limited in RSA 126-A:39, expenses incurred by anyone in the institutions named in RSA 126-A:34, or, at the direction of the commissioner in any public or private institution, or elsewhere, may be recovered in any action in the name of the state from the estate of the person, or the person's spouse, or mother or father, whose estate is more than sufficient to pay priorities in RSA 554:19. The spouse and the father and mother are declared jointly and severally liable for expenses, unless otherwise ordered by the court, except that recovery of expenses against a mother or father shall be limited:

I. To the expenses incurred before their child reached the age of majority.

II. As provided for in RSA 126-A:42.

III. To the share the patient or resident is entitled to if the father or mother died intestate.

IV. To the greater of the share the patient or resident is entitled to under the will or the share the patient or resident would have been entitled to if the father or mother had died intestate.


Source. 1995, 310:1. 2010, 189:2, eff. Jan. 1, 2011.

    126-A:38 Financial Statements. 

I. (a) Within 60 days after admittance, except as provided in paragraph II, and annually thereafter if requested by the commissioner, a financial statement shall be filed under penalty of perjury by a person legally chargeable for expenses pursuant to RSA 126-A:36 on forms provided for this purpose by the office of reimbursements.

(b) The commissioner is hereby authorized to request and receive from any and all former or current employers, including, but not limited to, personal information with respect to dates of employment, number of hours worked, rate of pay, date of birth, available health insurance, current address, payroll deductions, and social security number of any person with respect to whom the department is investigating the ability to pay; provided, however, the commissioner shall limit the request to the minimum information necessary for the review of the individual's ability to pay. The employer shall furnish the information within 15 days of the department's request unless the time period is extended for good cause shown. If the request for the information is burdensome to the employer, it shall give written notice to the commissioner within the 15-day period, and the commissioner shall review the request of the employer and modify the request if reasonably possible to alleviate the burden on the employer.

(c) The department or employer who discloses financial or employment records under this section shall not be subject to civil liability or criminal prosecution which is based upon its disclosure under this section, or for any other action taken in good faith to comply with the requirements of this section.

(d) Any records established or information collected pursuant to the provisions of this section shall be made available only to the commissioner and the attorney general and their authorized designees, attorneys employed by the department of health and human services, and the client or the client's authorized representative. Such records and information shall be available and used only for purposes directly connected with the investigation of a person's ability to pay under this chapter. The records and information made available to the client or the client's authorized representative shall not include information provided to the department that is prohibited from release by federal law, state statute, state case law, or by contract or agreement between the department and another entity if such contract or agreement prohibits release of such information.

II. Persons admitted to the multiple DWI offender intervention program (M.O.P.) prior to January 1, 2013 who do not pay program fees in full at the time of admission shall file a financial statement under penalty of perjury on forms provided for this purpose by the office of reimbursements and shall enter a payment contract for balance of fees due. The office of reimbursements shall be entitled to recover reasonable attorneys' fees and costs of collection for program fees not paid in accordance with a payment contract.

III. Persons admitted to the multiple DWI offender intervention program (M.O.P.) prior to January 1, 2013 shall notify the office of reimbursements of each change of mail address and actual street address until that person has made payment in full of fees due in accordance with an M.O.P. payment contract. Whenever notice to a person subject to a payment contract is required, notice to the last mail address on file with the office of reimbursements shall be deemed notice to and binding on the payer.


Source. 1995, 310:1. 1997, 215:2. 2010, Sp. Sess., 1:28. 2013, 144:40, eff. July 1, 2013.

    126-A:39 Educational Expenses. 

I. Educational expenses of any resident or patient, who is capable of being benefited by instruction and who is between 3 and 21 years of age, as required under statute and incurred in the institutions named in or at the direction of the commissioner in any public or private institution or elsewhere, shall be recovered from the school district in which the patient's or resident's parents or legal guardian reside up to the state average elementary cost per pupil, as determined by the state board of education for the preceding school year. The liability of the school district for such expenses shall precede that of the persons or estates named in RSA 126-A:36 and RSA 126-A:37, which are hereby relieved of liability for such expenses to the extent of the school district's liability.

II. Rates for private providers of special education services shall be set as provided in RSA 186-C:7, III, by the departments of health and human services, education, and administrative services.


Source. 1995, 310:1. 2002, 67:1, eff. June 25, 2002.

    126-A:4-a Repealed by 2022, 272:11, I, eff. June 24, 2022. 

    126-A:4-b Medicaid Waivers. 

The state shall enter into medicaid waivers from the federal Centers for Medicare and Medicaid Services, subject in each case to a review by the oversight committee on health and human services, established in RSA 126-A:13, which shall make a report to the legislative fiscal committee which shall have final approval authority. The waivers shall:

(a) Allow the state to begin the penalty period of ineligibility for medicaid services due to transfers of assets for less than fair market value as of the date of application for medical assistance or as of the date that the applicant, but for the transfer of assets for less than fair market value, meets all of the criteria for eligibility for medical assistance, whichever is later.

(b) Allow the state to eliminate the resource ceiling for applicants for medical assistance and to exempt them from actions for recovery against their estates for the cost of medical assistance they receive when they have a long-term care insurance policy that meets the standards established by the legislature and the state.


Source. 2005, 175:12, eff. Aug. 29, 2005.

    126-A:4-c Family Planning Waiver. 

The department shall develop a Medicaid waiver to support the extension of Medicaid-allowable family planning services, as defined in the state's Medicaid plan, to Medicaid-eligible clients. The department shall present the proposed waiver design, including proposed coverage groups and budget neutrality calculation, to the fiscal committee of the general court prior to submission of a final concept paper to the Centers for Medicare and Medicaid Services (CMS) for federal approval. The department shall provide periodic reports to the fiscal committee of the general court and the standing committees of the house of representatives and state senate with authority over health and human services issues throughout the waiver development, approval, and implementation processes. The department shall seek input from health care providers and the public in the course of developing the waiver. The department shall ensure that the state realizes the enhanced 90 percent federal Medicaid match available for these services and ensure that budget neutrality is maintained or exceeded through the 5-year life of the waiver. The department may contract with an independent third party on an annual basis for the life of the waiver to evaluate the clinical and financial outcomes of the waiver. A report shall be made to the fiscal committee of the general court and the standing committees within 6 months of the end of the first full year of waiver implementation and subsequently on an annual basis.


Source. 2007, 247:1. 2012, 247:18, eff. Aug. 17, 2012.

    126-A:4-d Repealed by 2009, 144:28, eff. July 1, 2009. 

    126-A:4-e Medicaid Hospice Benefit. 

I. The commissioner of the department of health and human services shall submit a Title XIX Medicaid state plan amendment to the federal Centers for Medicare and Medicaid Services for the purpose of establishing a Medicaid hospice benefit. The hospice benefit shall incorporate, to the greatest extent permissible under federal law, hospice provisions pursuant to Title XVIII 
 of the Social Security Act, Medicare.

II. The commissioner of the department of health and human services shall adopt rules under RSA 541-A relative to hospice services provided under Medicaid. The rules shall incorporate, to the greatest extent permissible under federal law, hospice provisions pursuant to Title XVIII 
 of the Social Security Act, Medicare.

III. Beginning October 1, 2009, the department shall submit quarterly reports to the oversight committee on health and human services, established in RSA 126-A:13, relative to the status of the state plan amendment and implementation of the Medicaid hospice benefit. The department shall make best efforts to implement the benefit on or before July 1, 2010.


Source. 2009, 166:1, eff. July 8, 2009.

    126-A:4-f Repealed by 2020, 37:4, VII, eff. July 29, 2020. 

    126-A:4-g Children's Oral Health Initiative. 

I. The department shall seek funding for a Medicaid children's oral health initiative program as part of the department's budget for the biennium ending June 30, 2013, and each biennium thereafter. The program shall provide reimbursement to primary care providers who deliver preventative oral health services, such as dental screenings and fluoride varnish treatments, to children between 0 and 3 years of age enrolled in the state Medicaid program. Primary care providers who choose to participate in the program shall complete training approved by the department and submit evidence of program completion to the department, which shall maintain a list of trained providers. Program implementation, including adoption of rules required by paragraph II, and submission of a Medicaid state plan amendment as required by paragraph III, shall be contingent upon sufficient funding.

II. The commissioner shall adopt rules under RSA 541-A relative to administration of the children's oral health initiative, including eligibility criteria, the type and frequency of services covered, reimbursement rates, and provider training requirements. The department also shall develop a list of approved training programs, which shall include, but may not be limited to, those offered by the American Academy of Pediatrics and the Southern New Hampshire Area Health Education Center. Upon implementation of the program, the department shall provide, upon request, a list of dentists participating in the state Medicaid program to primary care providers in the oral health initiative. Participation in any school-based oral health program shall require explicit written consent of the child's parent or legal guardian.

III. The department shall submit a Title XIX Medicaid state plan amendment to the Centers for Medicare and Medicaid Services for the purpose of establishing the children's oral health initiative.


Source. 2010, 76:1, eff. July 18, 2010. 2022, 110:2, eff. July 26, 2022.

    126-A:4-h Repealed by 2011, 224:299, eff. July 1, 2014. 

    126-A:4 Department Established. 

I. There shall be a department of health and human services under the executive direction of a commissioner of health and human services, which department shall be organized to provide a comprehensive and coordinated system of health and human services as needed to promote and protect the health, safety, and well-being of the citizens of New Hampshire. Such services shall be directed at supporting families, strengthening communities, and developing the independence and self-sufficiency of New Hampshire citizens to the extent possible.

II. The commissioner shall have authority to establish, reorganize, or abolish such divisions, offices, bureaus, or other components of the department as may from time to time be necessary to carry out the mission and duties of the department. The commissioner shall make a quarterly report on the progress of the reorganization to the governor and the fiscal committee beginning with the quarter ending March 31, 1996.

II-a. [Repealed.]

II-b. [Repealed.]

III. The department shall establish an office of the ombudsman to provide assistance to clients of the department by investigating and resolving complaints regarding any matter within the jurisdiction of the department including services or assistance provided by the department or its contractors. The ombudsman's office may provide mediation or other means for informally resolving complaints. The records of the ombudsman's office shall be confidential and shall not be disclosed without the consent of the client on whose behalf the complaint is made, except as may be necessary to assist the service provider to resolve the complaint, or as required by law.

IV. The department may establish a quality assurance program.

(a) Any quality assurance program may consist of a comprehensive ongoing system of mechanisms for monitoring and evaluating the appropriateness of services provided to individuals served by the department or any of its contract service providers so that problems or trends in the delivery of services are identified and steps to correct problems can be taken.

(b) Records of the department's quality assurance program including records of interviews, internal reviews or investigations, reports, statements, minutes, and other documentation except for individual client medical records, shall be confidential and privileged and shall be protected from direct or indirect discovery, subpoena, or admission into evidence in any judicial or administrative proceeding, except as provided in subparagraphs IV(c) or (d).

(c) In a case of legal action brought by the department against a contract service provider or in a proceeding alleging repetitive malicious action and personal injury brought against a contract service provider, the quality assurance program's records may be discoverable.

(d) The department may refer any evidence of fraudulent or other criminal behavior gathered by the quality assurance program to the appropriate law enforcement authority.

(e) No employees of the department or employees of a contract service provider or vendor shall be held liable in any action for damages or other relief arising from the providing of information to a quality assurance program or in any judicial or administrative procedure relating to the department's quality assurance program.

V. (a) The department shall collect relevant demographic data concerning the projected increase in the population of New Hampshire that is 65 years of age or older and analyze the impact of such data and projections over the period through 2025 on the economic, social, and governmental systems within New Hampshire, including health care, housing, transportation, business, employment, the economy, and the state budget.

(b) In the development and analysis of the demographic data and projections, the department:

(1) May request and shall receive the assistance of all other state agencies, including the office of planning and development, and the departments of transportation, administrative services, and business and economic affairs.

(2) Shall solicit assistance and input from representatives from the general court, business and industry, service providers, consumer and advocacy groups, and members of the general public.

(c) The department shall report on or before November 1, 2001 and thereafter on or before November 1 in odd-numbered years to the governor, the president of the senate, and the speaker of the house relative to the progress of its efforts under this paragraph and such report shall include recommendations for legislation. The final report shall be submitted on or before November 1, 2007.

VI. If the department itself or through a contracted entity provides a closed loop referral system, the following privacy and security provisions shall be included:

(a) The department shall not access any individual's personally identifiable information or protected health information from or through any closed loop referral system unless the individual is currently receiving services funded through a department of health and human services program or has received services funded through a department of health and human services program within the past 12 months, has previously given consent for the department to access their personally identifiable information or protected health information and has not revoked consent.

(b) Notwithstanding the foregoing, the department may obtain specific consent from an individual to access the individual's personally identifiable information or protected health information on each consent for a referral for services, provided that in obtaining consent:

(1) A separate page, in hard copy or electronically, shall be used; and

(2) The request shall be phrased as follows: "Do you consent to allow the New Hampshire department of health and human services to have access to your personally identifiable information and your private health information along with information about your referrals for services? Please note that you will receive the same services whether you sign this form or not."

(c) Within 48 hours of becoming aware of a data breach, the contracted entity providing a closed loop referral system shall begin the process of notification by first class mail or other individually agreed to communication mechanisms to all individuals impacted by the data breach.

(d)(1) An individual's personally identifiable information or protected health information may be added to the closed loop referral system only if:

(A) The individual consents to its inclusion on each instance of a referral for services; and

(B) The individual whose information is intended to be included in the closed loop referral system shall retain the right to opt into the system on each referral and retain the right to revoke consent to be in the system at any time.

(2) If an individual revokes consent to be in the system, then, to the extent allowed under federal or state law, information relative to the individual's referrals for services shall be deleted from the system within 7 days of the revocation.

(e) No provider or organization utilizing the closed loop referral system network shall have access to an individual's personally identifiable information or protected health information unless the individual has been referred to that provider or organization for services and the provider or organization requested consent from and was given consent by the individual to access such information.


Source. 1995, 310:1. 2001, 152:2, 286:3. 2003, 319:9. 2004, 257:44. 2012, 110:1, I, eff. May 29, 2012. 2017, 156:14, II, 64, eff. July 1, 2017. 2021, 91:198, eff. July 1, 2021; 122:8, eff. July 9, 2021. 2022, 99:1, eff. May 20, 2022.

    126-A:40 Liability for Expenses and Hearing on Liability. 

I. (a) Whenever the court issues an order for evaluation, care, or treatment of a child at a facility that provides child inpatient psychiatric treatment within the state mental health system pursuant to RSA 169-B, 169-C, or 169-D, the expenses of such evaluation, care, or treatment shall be borne by the department, except as otherwise provided in this section.

(b) Subparagraph (a) shall not apply to expenses incurred for special education and related services.

(c) The state shall have a right of action over for such expenses against the parents or the people chargeable by law for the minor's support and necessities. The court shall require the individual chargeable by law for the minor's support and necessities to assign to the state any insurance coverage that may be available to pay for all or a portion of the services provided and to submit a financial statement to the court upon which the court may make an order as to reimbursement to the state as may be reasonable and just, based on the person's ability to pay. Such financial statement shall include, but not be limited to, any benefits received from the Social Security Administration or insurance coverage available to the individual. The court shall include disposition of these benefits in its order as to reimbursement. Such reimbursement shall be established on a per month or per week basis and shall continue for a duration of time equal to the duration of time in which expenses are incurred on behalf of the minor by the state. The court's jurisdiction to order reimbursement shall continue until the obligation to reimburse has been fulfilled. If the state receives reimbursement for the expenses of a child under this section, the state shall return to the formerly liable county that percentage of the reimbursement equal to the percentage of expenses paid by the county for the child.

II. Upon the issuance of an order under paragraph I, the court shall send notice to the state. The state may, within 30 days from the receipt of notice, request a hearing on the issues of the cost or appropriateness of services, or recovery. At such hearing, the court shall provide all financial information, including names and addresses of persons chargeable by law for the minor's support and necessities, to the state.

III. The office of reimbursements, acting on behalf of the department of health and human services, is authorized to compromise or reduce any expense to be charged to the state.

IV. [Repealed.]

V. [Repealed.]

VI. [Repealed.]

VII. [Repealed.]


Source. 1995, 310:1. 2008, 274:33, eff. July 1, 2008; 296:21-23, eff. July 1, 2008. 2022, 272:36, 37, eff. June 24, 2022.

    126-A:41 Support Order. 

Upon petition for support in the name of the state, the superior court may enter an order requiring any patient or resident or persons legally chargeable for the support of a patient or resident to contribute to the support of such patient or resident. Anyone against whom an order is entered requiring a person to contribute to the support of such relative who fails to comply therewith shall be deemed to be in contempt of court and may be imprisoned not less than 60 nor more than 90 days.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:42 Recovery of Expenses. 

I. Subject to the provisions of RSA 126-A:43, II, the state is entitled to recover the expense of care, treatment, and maintenance of any patient or resident at any of the institutions named in RSA 126-A:34 or at a public or private institution or otherwise at the direction of the commissioner from the patient or resident, if of sufficient ability to pay, or the person's estate, or from persons legally chargeable with such person's support as defined in RSA 126-A:36 or from the estates provided in RSA 126-A:37.

I-a. The department shall file with the register of deeds of the county in which the patient or resident or the spouse of the patient or resident, if any, owns real property, notice of the lien for reimbursement of expenses, as provided in RSA 126-A:37, after providing all owners of the real property known to the department with prior notice and an opportunity for a hearing. Such notice of lien shall contain the names of the patient or resident and that patient's or resident's spouse, if any. All such liens shall continue until released by the department. The register of deeds shall keep a suitable record of such notices of lien without charging any fee therefor and enter on the record an acknowledgment of satisfaction or release upon written request from the department.

II. Recovery of the past due expense of care, treatment, and maintenance of a patient or resident in any of the institutions named in RSA 126-A:34 is limited in amount as follows:

(a) If such person is living and is a resident of the institution, recovery is limited to the expense incurred within the last 5 years of residence at the institution.

(1) If such person is living and is a resident of the institution, and if the person legally chargeable for such person's support dies, subject to the provisions of RSA 126-A:43, II, recovery from an estate legally chargeable for expenses as provided in RSA 126-A:37 is limited to the expenses incurred within the 5 years immediately preceding the death of the person chargeable.

(b) If such person dies while a resident of the institution, subject to provisions of RSA 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding death.

(c) If such person is discharged from the institution, subject to the provisions of RSA 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding discharge.

(d) If such person dies after discharge from the institution, subject to the provisions of RSA 126-A:43, II, recovery is limited to the expense incurred within the 5 years immediately preceding discharge.

(e) Expenses incurred by the institution during the time such person is on parole from the institution shall not be included in the total charges for expenses.

(f) If an agreement was made under RSA 126-A:43, III, recovery shall be limited to any payment obligation resulting from such agreement.

III. In an action by the state for recovery of the expenses of a patient or resident at any of the institutions named in RSA 126-A:34 who is discharged from the institution, or is dead, the action shall be brought within 6 years after the person's discharge or death. Notwithstanding RSA 556:5 or any other provision of law to the contrary, the administrator of the estate of a patient or resident at any of the institutions named in RSA 126-A:34 or at a public or private institution shall be conclusively presumed to have accepted a claim for reimbursement of expenses as provided in RSA 126-A:37 which is subject to the jurisdiction of the probate court unless, within 12 months from the initial grant of administration, the administrator commences an equitable action in the superior court challenging the validity or amount of the department's claim and lien.


Source. 1995, 310:1. 2011, 224:301, 302. 2013, 144:42, eff. July 1, 2013.

    126-A:43 Regular Rate. 

I. The commissioner shall establish for any patient, resident, or client of an institution, facility, or program named in RSA 126-A:34, a uniform rate to cover the expenses of the several categories of service provided to patients, residents, or clients such as but not necessarily limited to the following: intensive medical care, treatment, and maintenance; intensive psychiatric care, treatment, and maintenance; and custodial care, treatment, and maintenance. The commissioner is not required to establish such rate by rules adopted under RSA 541-A. The categories or classifications of service provided may be modified by the commissioner.

II. After any person has been a resident or patient in any of the institutions named in RSA 126-A:34 for 10 years or has reached the age of majority, the liability of persons other than the patient or resident or such patient's or resident's spouse to provide payments to cover the expenses of care, treatment, and maintenance shall cease, except for recoveries from the estates of such persons which shall be limited as provided in RSA 126-A:42, II. The liability of a spouse under RSA 126-A:36 shall cease after the person has been a patient or resident of any of the institutions named in RSA 126-A:34 for 10 years. The liability of the patient or resident under this paragraph shall continue unless it is determined by the office of reimbursements, in consultation with the commissioner, that the patient or resident lacks sufficient income from any source including, but not limited to, social security, retirement, civil service or veterans administration income, trust fund, or other income to pay a full rate or a higher partial rate.

III. The commissioner may compromise or reduce any debt or obligation owed to the state pursuant to an agreement with a group health plan carrier, as defined in RSA 420-G:2, or any health insurer as defined in 607(1) of the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. section 1167(1), federal and or state funded assistance, or any other legally liable third party or persons chargeable for support.

IV. The office of reimbursements shall, upon request, furnish to each estate from which, or to each person chargeable from whom, a recovery of expenses is sought pursuant to RSA 126-A:42, a record of the accumulated charges against said estate or said person.


Source. 1995, 310:1. 1997, 215:3. 2013, 144:43, eff. July 1, 2013.

    126-A:44 Partial Charges. 

The commissioner may charge less than the uniform rate when the commissioner finds a patient or any relative chargeable therewith is able to bear only a portion of the expense incident to the patient's care, treatment, and maintenance at such institution, or care, treatment, and maintenance furnished at the direction of the commissioner. In establishing such charge, the commissioner shall consider the report, investigation and recommended charge of the office of reimbursements. The established charge shall be billed by the superintendent of such institution. The office of reimbursements shall make further recommendations as provided in this section where conditions affecting the ability to pay of persons legally chargeable for the support of the patient or resident have changed. The establishment of a partial rate as provided herein shall not preclude the collection of the balance between the partial rate and the full rate from an estate of the patient or resident or the estate of those legally chargeable as provided in RSA 126-A:37.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:45 Support by the State. 

I. Any person transferred to the New Hampshire hospital under RSA 135:17 for observations as to sanity under court order shall be at state expense for the observation period only.

II. Any patient or resident of such institutions defined in RSA 126-A:34 or patient receiving care, treatment, or maintenance at the direction of the commissioner who has no means of support and no person chargeable for the patient's or resident's support shall be supported by the state.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:46 Special Services. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to rates for special services rendered to patients or residents of institutions named in RSA 126-A:34.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:47 Reports. 

The superintendent of such institutions shall forward forthwith to the commissioner any change in population at such institutions, any change affecting the rates charged patients or residents, and any other changes affecting expenses incurred by a patient or resident.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:48 Nature of Payment. 

All payments, except for educational payments made pursuant to RSA 126-A:39, made by or with respect to a patient at any institution named in RSA 126-A:34, which furnished medical services shall conclusively be deemed to be made on account of medical services.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:49 Poison Information and Treatment. 

The commissioner shall develop or designate a statewide program for poison information and treatment. In connection with this program, the commissioner shall be responsible for establishment or designation of a poison information and treatment center which shall make available to New Hampshire residents information and medical consultation on a daily, 24-hour basis.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:5-a Access to Budget and Expenditures for Persons Receiving State Services. 

The commissioner of the department of health and human services and the area agencies shall provide to any person, or that person's guardian, who is receiving state services pursuant to a plan with an individualized budget, a copy of such budget and the expenditures made under such budget.


Source. 2013, 144:108, eff. July 1, 2013.

    126-A:5-b Repealed by 2014, 3:12, V, eff. Dec. 31, 2018. 

    126-A:5-c Repealed by 2018, 342:24, IV, eff. Dec. 31, 2018. 

    126-A:5-d Repealed by 2018, 342:24, V, eff. Dec. 31 2018. 

    126-A:5-e Repealed by 2016, 13:15, eff. Dec. 1, 2017. 

    126-A:5-f Status in Retirement System. 

For purposes of classification under RSA 100-A, any person who is or becomes the bureau chief for emergency preparedness with the department's division of health public services, shall be included in the definition of group II under RSA 100-A:1, VII(h) and VIII(c) under the retirement system, provided that, notwithstanding RSA 100-A:1, VII(h) or VIII(c), any person not already a group II member for at least 10 years during or prior to his or her appointment shall be eligible for or remain as a group I member for the duration of service as the bureau chief for emergency preparedness.


Source. 2021, 122:10, eff. Sept. 7, 2021.

    126-A:5 Commissioner of Health and Human Services. 

I. Administrative and executive direction of the department of health and human services shall be under the direction of a commissioner of health and human services who shall be appointed by the governor and council. The commissioner shall hold office for a term of 4 years from the date of the appointment.

II. The commissioner may enter into such contracts as the commissioner deems necessary for the provision of services to clients of the department and for the operation of facilities of the department, subject to the approval of the governor and council. The commissioner further may receive, expend, control, convey, hold in trust, or invest any funds or real or personal property given or devised to or owned by any facility as the commissioner deems appropriate or expedient. 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 clients of the department, or the commissioner may contract with any individual, partnership, association, agency, or corporation, either public or private, profit, or nonprofit, as, in the discretion of the commissioner, may be necessary and appropriate for the operation and administration of any program or facility which provides services to clients of the department.

II-a. [Repealed.]

III. The commissioner may designate any member of the department to act on behalf of the commissioner or the department. The commissioner further may delegate any duty or authority of the commissioner or the department to any member of the department or to any sub-unit or component of the department.

IV. Pursuant to RSA 541-A, the commissioner shall have the authority to establish fees, copayments or any other charges for services or assistance provided by or on behalf of the department.

V. The commissioner shall have the authority to direct an autopsy be made upon the death of any person admitted to, a resident of, or receiving care from the New Hampshire hospital, Glencliff home, or any other residential facility operated by the department or a contract service provider, if the commissioner deems it necessary for the purpose of determining the existence of infection or disease, cause of death, or for other good reason. The findings of any such autopsy shall be treated by the department in accordance with the quality assurance program under RSA 126-A:4, IV and by the medical examiner in accordance with the provisions of RSA 611-B:21, IV.

VI. The commissioner shall have the authority to make arrangements for the funeral and burial of any person who has not made other arrangements and dies while admitted to, a resident of, or receiving care from New Hampshire hospital, Glencliff home, or any other residential facility operated by the department or a contract service provider. If an autopsy is ordered pursuant to RSA 126-A:5, V, then following the autopsy, the medical examiner shall deliver the body to any person authorized pursuant to RSA 611:14. In the event that a dead body is unclaimed for a period of not less than 48 hours following completion of any autopsy ordered pursuant to this section, then the medical examiner shall deliver the body to a funeral home as directed by the commissioner, who shall decently bury or cremate the body at department expense, or, with consent of the commissioner, it may be sent at department expense to the medical department of a medical school or university, to be used for the advancement of the science of anatomy or surgery, as provided for by law.

VII. The commissioner shall establish advisory groups or other mechanisms to solicit input from clients and providers of the department and their families regarding the services provided by the department and its contract providers.

VIII. The commissioner shall establish an appeals process for any individual applying for or receiving services from the department or its contract service providers, any providers, programs, services, or facilities which are licensed or certified by the department, or with regard to actions related to employees of the department or any other matter within the jurisdiction of the department. Notwithstanding any other provision of law, the appeals process shall include:

(a) A jurisdictional review by the commissioner, or a hearings examiner designated by the commissioner, to determine whether a denial or change in services, benefits, or a license is automatic due entirely to a change in state or federal law. In the event the department's action is due entirely to such a change in state or federal law, the department shall provide adequate notice and provide the applicant, recipient, or licensee the opportunity to state the reasons he or she believes issues of fact or interpretation of law should be heard, prior to the commissioner or hearings examiner designated by the commissioner conducting a jurisdictional review.

(1) If the commissioner, or hearings examiner designated by the commissioner determines that sole issue on appeal is the result of the state or federal law that caused a denial or change in services, benefits, or a license, and the appeal does not require resolution of a factual disagreement or legal issue, then an order dismissing the appeal shall be issued by the commissioner, or a hearings examiner designated by the commissioner, after such jurisdictional review and without an administrative hearing.

(2) In all other cases, if the automatic result of the new state or federal law is not the only issue on appeal, then an administrative hearing shall be conducted by the commissioner, or a hearings examiner designated by the commissioner, to address the other issues in accordance with rules established by the commissioner.

(b) For appeals of all other matters, the commissioner, or a hearings examiner designated by the commissioner, shall conduct an administrative hearing in accordance with the rules established by the commissioner.

(c) Unless the commissioner has delegated to the hearings examiner authority to issue a decision on behalf of the department, following the hearing, the hearings examiner shall submit to the commissioner a proposed decision which shall include:

(1) A statement of the issues presented in the appeal;

(2) A summary of the evidence received;

(3) Proposed findings of fact and rulings of law; and

(4) A proposed order.

(d) If following a hearing the proposed decision is adverse to the individual applying for or receiving services, facility or employee who made the appeal, or if the commissioner proposes to make an adverse finding, ruling, or order which the hearings examiner has not recommended, the commissioner shall provide the appealing party with a copy of the commissioner's proposed decision and offer an opportunity to submit a brief and make an oral argument regarding the contested findings of fact, rulings of law, or proposed order.

(e) Following a review of a proposed decision after a hearing and of a brief and argument in a contested case, if any, the commissioner shall issue a final decision on the appeal.

IX. The commissioner shall adopt rules pursuant to RSA 541-A relative to the compensation of the members of the drug use review board.

X. The commissioner may assess and collect reasonable fees for the duplication of materials made pursuant to RSA 91-A:4 and for material generally available to the public upon request. Such fees shall be based on an amount necessary to recover the cost of producing such documents, regardless of the type of medium used. Local, state and federal agencies shall be exempted from these fees.

XI. The commissioner shall adopt rules, pursuant to RSA 541-A, implementing procedures for state registry and criminal background investigations of all new department staff who have regular contact with children, according to the provisions of RSA 170-G:8-c.

XII. (a) Notwithstanding any other provision of law to the contrary, the commissioner shall, upon request, publicly disclose the information in subparagraphs (c)(3)-(c)(12) regarding the abuse or neglect of a child, as set forth in this paragraph, if there has been a fatality or near fatality resulting from abuse or neglect of a child. Information included in subparagraphs (c)(1) and (c)(2) shall also be disclosed if it is determined that such disclosure shall not be contrary to the best interests of the child, the child's siblings or other children in the household and there has been a fatality or near fatality resulting from abuse or neglect of a child. In addition, the same disclosure shall be made when there has been a fatality, to include suicide, or near fatality of a child under the legal supervision or legal custody of the department. In determining whether disclosure will be contrary to the best interests of the child, the child's siblings, or other children in the household, the commissioner shall consider the privacy interests of the child and the child's family and the effects which disclosure may have on efforts to reunite and provide services for the family. If the commissioner determines not to release the information, the commissioner shall provide written findings in support of the decision to the requestor. As used in this section, "
near fatality
" means an act or event that places a child in serious or critical condition as certified by a physician.

(b) Information may be disclosed as follows:

(1) Information released prior to the completion of the investigation of a report shall be limited to a statement that a report is "under investigation."

(2) When there has been a prior disclosure pursuant to subparagraph (b)(1) of this paragraph, information released in a case in which the report has been unfounded shall be limited to the statement that "the investigation has been completed, and the report has been determined unfounded."

(3) If the report has been founded, then information may be released pursuant to subparagraph (c) of this section.

(c) For the purposes of this paragraph, the following information shall be disclosed:

(1) The name of the abused or neglected child, provided that the name shall not be disclosed in a case of a near fatality unless the name has otherwise previously been disclosed.

(2) The name of the parent or other person legally responsible for the child or the foster family home, group home, child care institution, or child placing agency where the child is placed.

(3) The date of any report to the department of suspected abuse or neglect, to include any prior reports on file, provided that the identity of the person making the report shall not be made public.

(4) The statutory basis and supporting allegations of any such report, provided that the identity of the person making the report shall not be made public.

(5) Whether any such report was referred to a district office for assessment and, if so, the priority assigned by central intake.

(6) The date any such report was referred to the district office for assessment.

(7) For each report, the date and means by which the district office made contact with the family regarding the assessment.

(8) For each report, the date and means of any collateral contact made as part of the investigation provided that the identity of an individual so contacted shall not be made public.

(9) For each report, the date the assessment was completed.

(10) For each report, the fact that the department's investigation resulted in a finding of either abuse or neglect and the basis for the finding.

(11) Identification of services and actions taken, if any, by the department regarding the child named in the report and his or her family or substitute caregiver as a result of any such report or reports.

(12) Any extraordinary or pertinent information concerning the circumstances of the abuse or maltreatment of the child and the investigation of such abuse or maltreatment, where the commissioner determines such disclosure is consistent with the public interest.

(d) Any disclosure of information pursuant to this paragraph shall be consistent with the provisions of subparagraph (c). Such disclosure shall not identify or provide an identifying description of the source of the report, and shall not identify the name of the abused or neglected child's siblings, or any other members of the child's household, other than the subject of the report.

XIII. The commissioner shall adopt rules pursuant to RSA 541-A relative to approved headgear required by RSA 265:144, X.

XIV. [Repealed.]

XIV-a. (a) The children's health insurance program shall include a public education and outreach component, the purpose of which shall be to increase enrollment by informing new parents of the program's availability and assisting families in the completion of the application process as necessary.

(b) The department shall allocate funds for the development of a volunteer program to promote the program to eligible families and to identify those families who may require assistance with the application or redetermination process, and provide training and supervision of volunteers.

(c) The department shall reimburse designated partner agencies, including health and home visiting providers, who had to provide additional follow-up with applicants an enhanced application fee for the outreach assistance to individuals requesting assistance in the application or redetermination process. Such fee shall be equal to twice the regular application fee.

XIV-b. A child's participation in any program that provides medical or dental treatment in any school setting shall require the explicit written consent of the child's parent or legal guardian.

XV. The commissioner shall establish a quality early learning opportunity initiative which shall be available on a first-come, first-served basis to families whose income is between 190 percent and 250 percent of the federal poverty guidelines, and whose children are enrolled in a child care program licensed under RSA 170-E, and who otherwise meet all other eligibility requirements for child care assistance. The amount of support provided to eligible families shall be calculated annually by the department and shall reflect the estimated average difference between the cost of licensed child care and unlicensed child care.

XVI. [Repealed.]

XVII. The commissioner or designee shall participate in the development of an evidence-based prescription drug education program designed to provide health care providers who are licensed to prescribe or dispense prescription drugs with information and education on the therapeutic and cost-effective utilization of prescription drugs. This program may be developed under the leadership of the New Hampshire Medical Society in partnership with area health education centers programs administered by Dartmouth Medical School and any organization in New Hampshire or other state the partnership shall see fit to consult. The commissioner or partners may seek grants and financial gifts from non-profit charitable foundations to cover planning and development of this program. The commissioner or partners shall present a progress report on the development of the program to the oversight committee on health and human services by November 1, 2008.

XVIII. (a) The commissioner shall establish the state office of rural health (SORH) within the department. The SORH shall:

(1) Link rural health and human service providers with state and federal resources.

(2) Seek long-term solutions to the challenges of rural health.

(3) Increase access to health care in rural and underserved areas of the state.

(4) Improve recruitment and retention of health professionals in rural areas.

(5) Provide technical assistance and coordination to rural communities and health organizations.

(6) Maintain a clearing house for collecting and disseminating information on rural health care issues and innovative approaches to the delivery of health care in rural areas.

(7) Coordinate rural health interests and activities.

(8) Participate in strengthening state, local, and federal partnerships.

(b) The commissioner may adopt rules, pursuant to RSA 541-A, relative to accomplishing the goals under subparagraph (a).

(c) The commissioner shall submit an annual report beginning on November 1, 2009 to the speaker of the house of representatives, the senate president, the governor, the oversight committee on health and human services established under RSA 126-A:13, the chairs of the house and senate executive departments and administration committees, the chairs of the house and senate committees having jurisdiction over health and human services, and the commission on primary care workforce issues established under RSA 126-T:1, on the health status of rural residents incorporating current data from the bureau of health statistics and data management and the SORH.

XVIII-a. (a) The state office of rural health (SORH) established in paragraph XVIII shall receive and collect data regarding surveys completed by participating licensees pursuant to RSA 317-A:12-a, RSA 318:5-b, RSA 326-B:9-a, RSA 328-D:10-a, RSA 328-F:11-a, RSA 329:9-f, RSA 329-B:10-a, RSA 330-A:10-a, and RSA 330-C:9-a.

(b) The data collected shall be reviewed, evaluated, and analyzed by the SORH to provide policy decision makers and the commission on the interdisciplinary primary care workforce established under RSA 126-T:1, with critical information to develop and plan for New Hampshire's primary workforce current and future needs and to identify innovative ways for expanding primary care capacity and resources.

(c) Any personally identifiable information contained within the surveys collected by the SORH shall remain confidential and are exempt from disclosure pursuant to RSA 91-A. Any request for information maintained by and in the custody of the SORH under this paragraph shall require the redaction of any and all personally identifiable information by the SORH prior to the release of such information; provided, that the SORH shall be authorized to provide required data to the Health Resources and Services Administration (HRSA) pursuant to federal regulation and or directives governing receipt of federal resources by the SORH.

(d) The SORH shall be authorized to provide aggregate data and interval reports and such information shall be made available and published on the department of health and human services' Internet website. For purposes of quality assurance and validation of data including participation rates for survey completion, the SORH shall be authorized to provide the licensing boards identified in subparagraph (a) as follows:

(1) A list of National Provider Identification numbers of those licensees who have completed or appropriately opted-out of the survey; and

(2) Aggregate data results as it pertains to non-personal information listed on the survey.

(e) On or before December 1, 2019, and annually thereafter, the SORH shall make a written report to the speaker of the house of representatives, the senate president, the governor, the oversight committee on health and human services established under RSA 126-A:13, the chairs of the house and senate executive departments and administration committees, the chairs of the house and senate policy committee having jurisdiction over health and human services, and the commission on interdisciplinary primary care workforce established by RSA 126-T:1. The report shall include, but not be limited to, aggregate data and information on current and projected primary workforce needs and the participation rate on surveys completed pursuant to this paragraph. This report shall be incorporated into the report required pursuant to RSA 126-A:5, XVIII(c).

(f) The commissioner may adopt rules, pursuant to RSA 541-A, relative to the administration of this paragraph.

XIX. (a) The commissioner shall employ a managed care model for administering the Medicaid program and its enrollees to provide for managed care services for all Medicaid populations throughout New Hampshire consistent with the provisions of 42 U.S.C. section 1396u-2. Models for managed care may include, but not be limited to, a traditional capitated managed care organization contract, an administrative services organization, an accountable care organization, or a primary care case management model, or a combination thereof, offering the best value, quality assurance, and efficiency, maximizing the potential for savings, and presenting the most innovative approach compared to other externally administered models. Services to be managed within the model shall include all mandatory Medicaid covered services and may include, but shall not be limited to, care coordination, utilization management, disease management, pharmacy benefit management, provider network management, quality management, and customer services. The model shall reimburse pharmacists for services described in RSA 126-A:3, III-a. The commissioner shall enter into contracts with the vendors that demonstrate the greatest ability to satisfy the state's need for value, quality, efficiency, innovation, and savings. The commissioner shall establish rates based on the appropriate model for the contract that is full risk to the vendors. The rates shall be established in rate cells or other appropriate units for each population or service provided including, but not limited to, persons eligible for temporary assistance to needy families (TANF), aid for the permanently and totally disabled (APTD), breast and cervical cancer program (BCCP), home care for children with severe disabilities (HC-CSD), and those residing in nursing facilities. The rates and/or payment models for the program shall be presented to the fiscal committee of the general court on an annual basis. The managed care model or models' selected vendors providing the Medicaid services shall emphasize patient-centered, value-based care and include enhanced care management of high-risk populations as identified by the department. In contracting for the managed care program, the department shall ensure no reduction in the quality of care of services provided to enrollees in the managed care model and shall exercise all due diligence to maintain or increase the current level of quality of care provided. The commissioner may, in consultation with the fiscal committee, adopt rules, if necessary, to implement the provisions of this paragraph. The department shall seek, with the approval of the fiscal committee, all necessary and appropriate waivers to implement the provisions of this paragraph.

(b) [Repealed.]

(c) For the purposes of this paragraph:

(1) An "
accountable care organization
" means an entity or group which accepts responsibility for the cost and quality of care delivered to Medicaid patients cared for by its clinicians.

(2) "
An administrative services organization
" means an entity that contracts as an insurance company with a self-funded plan but where the insurance company performs administrative services only and the self-funded entity assumes all risk.

(3) A "
managed care organization
" means an entity that is authorized by law to provide covered health services on a capitated risk basis and arranges for the provision of medical assistance services and supplies and coordinates the care of Medicaid recipients residing in all areas of the state, including the elderly, those meeting federal supplemental security income and state standards for disability, and those who are also currently enrolled in Medicare.

(4) "
A primary care case management
" means a system under which a primary care case management contracts with the state to furnish case management services, which include the location, coordination, and monitoring of primary health care services, to Medicaid recipients.

(d) The vendors contracting with the department to carry out the Medicaid managed care program pursuant to this paragraph shall make quarterly reports to the commissioner regarding their efforts to implement New Hampshire's 10-year mental health plan issued in 2008. Such reports shall commence on November 1, 2013. The commissioner shall make an annual report summarizing the information in the vendors' reports to the oversight committee on health and human services, established in RSA 126-A:13, commencing on November 1, 2014.

(e) [Repealed.]

(f) The commissioner shall seek all necessary federal approvals, including, but not limited to, Medicaid state plan amendments and Medicaid care management contract approval, to allow the Medicaid managed care organizations to use their own drug formulary in providing pharmacy benefits and contracting with pharmacy providers. A managed care organization as defined in subparagraph (c)(3) that implements its own drug formulary shall comply with the provisions of the Federal Medicaid statute, 42 U.S.C. section 1396r-8, and RSA 420-J:7-b, II, II-a, and III.

(g)(1) By July 15, 2017, the commissioner shall develop a universal online prior authorization form for drugs used to treat mental illness and require community mental health centers and managed care organizations to use such form by September 1, 2017. A reasonably completed prior authorization request submitted using the online form shall be approved or denied by the close of the next business day. Failure to meet this time frame shall be deemed automatic approval. If the prior authorization is denied, the prescribing provider may request a peer-to-peer review with a licensed psychiatric specialist with prescribing privileges by the close of the next business day. Failure by the managed care organization to provide such review by the close of the next business day shall be deemed automatic approval unless the prescribing provider fails to participate in the peer-to-peer review within that time period.

(2) Prior authorization for drugs prescribed by community mental health centers for treatment of severe mental illness shall be suspended if the deadlines under this subparagraph are not met, or if the commissioner determines there is a pattern of missed deadlines for peer-to-peer reviews following denials, or if at any time the commissioner determines such suspension is necessary to promote the behavioral health and well-being of New Hampshire's citizens being served under Medicaid managed care.

(3) The commissioner shall monitor compliance under this subparagraph and shall report quarterly through December 31, 2018 to the fiscal committee of the general court relative to adherence to all such requirements including the rate of denial.

(h) The commissioner shall develop and implement enhanced eligibility screening to stop per member/per month payments to managed care organizations in a timely manner for services for persons who are no longer eligible.

(i) Notwithstanding RSA 126-A:5, XIX(a) and 2017, 258:1, long-term supports and services, including, specifically nursing facility services and services provided under the choices for independence waiver, the developmental disabilities waiver, the in-home supports waiver, and the acquired brain disorder waiver, as those waivers are issued by the Centers for Medicare and Medicaid Services under 42 U.S.C. section 1396(c), shall not be incorporated into the department's care management program for delivery by a managed care organization, as defined in RSA 126-A:5, XIX(c)(3), under contract with the state. The department may develop a plan to offer on a voluntary basis only county or other locally-based Programs of the All Inclusive Care for the Elderly (PACE) or similar accountable care organization (ACO) models to provide on a non-fee-for-service basis nursing facility and choices for independence home care services for beneficiaries who voluntarily elect to participate. Any such plan for voluntary PACE and/or ACO models shall be approved by the oversight committee on health and human services, established in RSA 126-A:13, and the fiscal committee of the general court prior to implementation.

(j)(1) Managed care organizations shall process credentialing applications from all types of providers within the following prescribed time frames:

(A) For primary care physicians, within 30 calendar days of receipt of clean and complete credentialing applications.

(B) For specialty care providers, within 45 calendar days of receipt of clean and complete credentialing applications.

(2) For the purposes of subparagraph (1), the start time begins when the managed care organization has received a provider's clean and complete application, and ends on the date of the provider's written notice of network status.

(3) For the purposes of this subparagraph, a "
clean and complete
" application is a claim that is signed and appropriately dated by the provider, and includes:

(A) Evidence of the provider's New Hampshire Medicaid identification; and

(B) Other applicable information to support the provider application, including provider explanations related to quality and clinical competence satisfactory to the managed care organization.

(4) If the managed care organization does not process a provider's credentialing application within the time frames set forth in this subparagraph, the managed care organization shall pay the provider retroactive to 30 calendar days or 45 calendar days after receipt of the provider's clean and complete application, depending on the prescribed time frame for the appropriate provider.

(5) Nothing in this subparagraph shall preclude the commissioner from administering the applicable contract requirements with the managed care organization as necessary to allow for exceptions to credentialing standards under this subparagraph.

(k)(1) For the purposes of this subparagraph regarding claims quality assurance standards, the commissioner shall adopt the claims definitions established by the Centers for Medicare and Medicaid Services under the Medicaid program which are as follows:

(A) "
Clean claim
" means a claim that does not have any defect, impropriety, lack of any required substantiating documentation, or particular circumstance requiring special treatment that prevents timely payment.

(B) "
Incomplete claim
" means a claim that is denied for the purpose of obtaining additional information from the provider. The managed care organization shall pay or deny 95 percent of clean claims within 30 days of receipt, or receipt of additional information. The managed care organization shall pay 99 percent of clean claims within 90 days of receipt.

(2) Nothing in this subparagraph shall preclude the commissioner from administering the applicable contract requirements with the managed care organization as necessary to allow for exceptions to claims quality assurance standards under this subparagraph.

XIX-a. (a)(1) The commissioner shall pursue contracting options to administer the state's Medicaid dental program with the goals of improving access to dental care for Medicaid populations, improving health outcomes for Medicaid enrollees, expanding the provider network, increasing provider capacity, fostering individual behaviors that promote good oral health, and retaining innovative programs that improve access and care through a value-based care model.

(2) The commissioner shall issue a request for information to assist in determining whether the state's Medicaid dental program would be best administered by a dental managed care organization or, alternatively, by the state's current medical managed care organizations. The commissioner shall obtain the requested information from both the current medical managed care organizations and any interested dental managed care organization. The approach selected shall be that which demonstrates the greatest ability to satisfy the state's need for value, quality, efficiency, innovation, patient education, and savings. The request for information shall be released no later than August 1, 2022. The request for information shall address improving health outcomes, expanding the provider network, increasing capacity of providers, integrating a value-based care model, and exploring innovative programs for children and adults.

(3) If the commissioner determines that the program would be best administered by a dental managed care organization, the commissioner shall issue a 3-year request for proposals, with 2 optional one-year extensions, to enter into contracts with the vendor that demonstrates the greatest ability to satisfy the state's need for value, quality, efficiency, innovation, patient education, and savings. The state plan amendment shall be submitted to the Centers for Medicare and Medicaid Services (CMS) within the quarter of implementation (by June 30, 2023). Implementation of a procured contract shall begin April 1, 2023. The commissioner shall establish a capitated rate for the contract that is full risk to the vendor. In contracting with a dental managed care organization and the various rate cells, the department shall ensure no reduction in the quality of care of services provided to enrollees in the managed care model and shall exercise all due diligence to maintain or increase the quality of care provided. Following approval by the joint health care reform oversight committee, pursuant to RSA 420-N:3, the department shall seek, with the review of the fiscal committee of the general court, all necessary and appropriate state plan amendments and waivers to implement the provisions of this paragraph. The program shall not commence operation until such state plan amendments or waivers have been approved by CMS. All necessary state plan amendments shall be submitted within the quarter of implementation (by June 30, 2023) and waivers shall be submitted by October 1, 2022.

(4) The commissioner shall adopt rules, pursuant to RSA 541-A, if necessary, to implement the provisions of this paragraph and shall first obtain approval of proposed rules by the joint health care reform oversight committee, pursuant to RSA 420-N:3.

(b) Any vendor awarded a contract pursuant to this paragraph shall provide the following dental services to individuals 21 years of age and over, reimbursed under the United States Social Security Act, Title XIX, or successors to it:

(1) Diagnostic and preventive dental services including an annual comprehensive oral examination, necessary x-rays or other imaging, prophylaxis, topical fluoride, oral hygiene instruction, behavior management and smoking cessation counseling, and other services as determined by the annual update of Current Dental Terminology (CDT) codes D0100-D0999 and D1000-D1999 for diagnostic and preventive services. Annual updates to the CDT shall be made available on the department of health and human services' website.

(2) Comprehensive restorative treatment necessary to prevent or treat oral health conditions, to reduce or eliminate the need for future acute oral health care, and to avoid more costly medical or dental care.

(3) Oral surgery and treatment necessary to relieve pain, eliminate infection or prevent imminent tooth loss.

(4) Removable prosthodontic coverage for individuals served on the developmental disability (DD), acquired brain disorder (ABD), and choices for independence (CFI) waivers, such waivers authorized under Section 1915(c) of the Social Security Act, and nursing facility resident populations only, subject to medical necessity.

(5) The individual benefit shall be capped at $1,500 per year, excluding preventive services, provided that this cap shall be subject to adjustment upon approval by the joint legislative fiscal committee and governor and council.

(c) With the exception of diagnostic and preventive services, cost sharing shall be implemented to the maximum extent allowed under CMS guidelines for Medicaid recipients with family incomes above 100 percent of the Federal Poverty Level (FPL).

(d) The department of health and human services shall present an annual report to the health and human services oversight committee that includes, but is not limited to, Medicaid recipient utilization, provider participation, and other indicators of program effectiveness.

(e) In this paragraph, "
dental managed care organization
" means any dental care organization, dental service organization, health insurer, or other entity licensed under Title XXXVII, that provides, directly or by contract, dental care services covered under this paragraph rendered by licensed providers and that meets the requirements of Title XIX or Title XI of the federal Social Security Act.

XX. The commissioner shall administer the grant for the New Hampshire Information Exchange Planning and Implementation Project.

XXI. (a) The commissioners of the departments of health and human services and corrections, and the attorney general shall enter into a memorandum of understanding establishing an inter-departmental team, to address responsibilities associated with the most challenging cases of individuals 18 years of age or older with developmental disabilities or acquired brain disorders who present a substantial risk to community safety as determined by a comprehensive risk assessment appropriate to the individual. The memorandum of understanding shall include a requirement for participation by: the department of health and human services, including the bureau of developmental services, the bureau of behavioral health, the division for children, youth and families, the bureau of drug and alcohol services, the New Hampshire hospital, the department of justice, and the department of corrections. The purpose of the memorandum of understanding is to promote collaboration and cooperation across all services systems to determine and recommend system responsibility for providing and/or funding specific services and supports to effectively meet the needs of the individual and the public safety of the community in accordance with the rules of the respective departments.

(b) Nothing in this paragraph shall abrogate the rights of individuals or responsibilities of agencies under RSA 171-A, RSA 171-B, RSA 137-K, or any other applicable state or federal law.

(c) Any of the departments may refer a case to the team for consideration. In addition, a county house of corrections may refer a case to the team for consideration for individuals determined eligible under RSA 171-A.

(d) The commissioners and the attorney general shall submit an annual report beginning on November 1, 2011 to the president of the senate, the speaker of the house of representatives, and the governor relative to the outcomes and recommendations of the team.

XXII. The commissioner shall fully implement expanded coverage of Medicaid family planning services as required by RSA 126-A:4-c no later than July 1, 2013. At the time of implementation, the state's Medicaid plan shall be amended to enable the state to accept federal matching funds. As provided in RSA 126-A:4-c, the department shall ensure that the state realizes the 90 percent federal Medicaid match available for the family planning services. If the traditional claims payment systems are unavailable for implementation within the time frame indicated in this paragraph, the commissioner shall manually process the payment of claims or contract with a third party administrator to ensure timely provider payment capacity and uninterrupted access to eligible recipients. At least 30 days in advance of program implementation, the commissioner shall conduct an outreach effort to all participating Medicaid family planning providers to distribute guidance and technical assistance regarding patient enrollment procedures, eligibility criteria, and covered medical services and supplies. Within 60 days after program implementation as required under this paragraph and annually thereafter, the commissioner shall make a report relative to the Medicaid family planning services program to the joint legislative fiscal committee.

XXIII. [Repealed.]

XXIV. [Repealed.]

XXV. [Repealed.]

XXVI. [Repealed.]

XXVII. The commissioner, in collaboration with the commissioner of the department of safety, the director of the police standards and training council, and the local chapter of the Alzheimer's Association, shall develop an educational program on Alzheimer's disease and other related dementia, for both the general public and special interest groups, including law enforcement. Depending upon available resources, additional information and input may be sought from the fish and game department, the adjutant general's department, the board of medicine, the New Hampshire Medical Society, and other interested parties. The commissioner shall provide an interim report on or before January 1, 2015 with a final report on or before July 1, 2015 on the status of the implementation of the educational program to the oversight committee on health and human services established in RSA 126-A:13 and the subcommittee on Alzheimer's disease and other related dementia established in RSA 126-A:15-a. The commissioner shall post a link to the local chapter of the Alzheimer's Association on the department's website.

XXVIII. The commissioner shall include a link to the International Lyme and Associated Diseases Society (www.ILADS.org) on its Internet website and may include a disclaimer that the department of health and human services neither endorses nor supports the position of the International Lyme and Associated Diseases Society.

XXIX. The commissioner shall submit a state plan amendment to the Center for Medicare and Medicaid Services to provide substance use disorder services to Title XIX and Title XXI beneficiaries. The commissioner shall design the benefit consistent with Substance Abuse and Mental Health Service Administration (SAMHSA) treatment guidelines. The commissioner shall also determine the process and timeline for implementing services and, if necessary, phase in the benefit.

XXX. [Repealed.]

XXXI. The commissioner may enter into a contract or contracts with one or more physicians who are certified by an accredited addiction medicine or addiction psychiatry certifying body. The physician or physicians shall provide consultation and guidance to the department related to designing, updating, and monitoring practices and policies regarding medication assisted treatment and related treatments for substance use disorders in New Hampshire.

XXXII. The department of health and human services shall comply with the provisions of RSA 541-A:29 for the timely processing of completed applications, petitions, or other administrative requests made of the agency. However, the provisions of RSA 541-A:29-a shall not apply to any federally funded program administered by the department to the extent such default approval conflicts with federal law.

XXXIII. (a) On or before September 1, 2019, the commissioner shall submit a report on the New Hampshire 10-year mental health plan of 2018 containing the priorities for implementation of the plan to the oversight committee on health and human services, established under RSA 126-A:13, the chairpersons of the house and senate policy committees with jurisdiction over health and human services matters, the president of the senate, the speaker of the house of representatives, the governor, and the office of the child advocate established in RSA 21-V. The commissioner shall submit a report on or before September 1, 2020 and annually thereafter on the status of the implementation of the 10-year mental health plan including, but not limited to, unmet benchmarks and recommendations for any necessary barrier resolution or necessary adjustments or modifications to the plan to better serve New Hampshire citizens, to the oversight committee on health and human services and the chairpersons of the house and senate policy committees with jurisdiction over health and human services matters. The annual report shall include any recommendations by the commissioner for legislation as needed or appropriate in achieving important benchmarks in fully implementing the 10-year mental health plan.

(b) As part of the annual report required by this paragraph, the commissioner of the department of health and human services, in conjunction with the commissioner of the department of education, shall issue a joint report on the implementation of 2019, 44 (SB 14), relative to child welfare. This portion of the report shall address in detail the implementation status of each section of 2019, 44 (SB 14) and include all information related to progress toward full implementation of a system of care under RSA 135-F. The report shall also address the following:

(1) The total cost of children's behavioral health services. 

(2) The identification of barriers and service gaps in the array of children's behavioral health services, along with a description of efforts and plans to fill those gaps. 

(3) The availability of mobile crisis and stabilization services in each part of the state and plans to fill any gaps. 

(4) Changes to statutes, administrative rules, policies, practices, and managed care and provider contracts which will be necessary to fully implement the system of care. 

(5) Shortfalls in workforce sufficiency affecting full implementation of the system of care as well as efforts and plans for addressing those shortfalls. 

(6) Numbers of children and youth awaiting services in various categories. 

(7) Plans to coordinate the system of care with existing efforts addressing early childhood interventions, primary prevention, and primary care integration.

(8) Plans to develop and/or coordinate a cross-system assessment tool and data collection system to measure outcomes, including but not limited to status upon exit from the system of care, measured treatment results, recidivism, and other returns to the service system.

XXXIV. The department of health and human services shall operate and manage the state's forensic psychiatric hospital. The department may contract with a private medical organization for the provision of clinical services.


Source. 1995, 310:1, 199. 1998, 354:1. 1999, 110:2; 223:2. 2003, 206:2, 3. 2004, 98:2. 2005, 100:1. 2006, 258:18; 299:3. 2007, 156:4; 167:2; 263:12, 126; 324:11; 345:1. 2008, 119:1; 367:2. 2009, 144:41. 2011, 125:1; 232:7; 235:1. 2012, 156:1. 2013, 41:1; 92:1. 2014, 3:2, eff. Mar. 27, 2014; 3:12, I, eff. Sept. 1, 2015; 3:12, II-IV, eff. Dec. 31, 2018; 67:2, eff. May 27, 2014. 2015, 42:3, eff. May 14, 2015; 199:1, eff. July 6, 2015; 199:3, eff. June 30, 2017; 276:209, 231, 261, 262, eff. July 1, 2015. 2016, 13:1, 3, 4, eff. Apr. 5, 2016. 2017, 131:1, 2, eff. June 16, 2017; 156:178, 219, eff. July 1, 2017; 195:5, eff. Sept. 3, 2017. 2018, 8:2, eff. Apr. 18, 2018; 278:1, eff. Aug. 20, 2018; 279:16, eff. Jan. 1, 2019; 309:1, eff. June 25, 2018 and Aug. 24, 2018; 342:24, VI, eff. Dec. 31, 2018. 2019, 182:1, eff. Sept. 8, 2019; 248:1, eff. July 12, 2019; 254:3, 4, eff. July 1, 2019; 268:1, eff. July 1, 2019; 346:224, 227, eff. July 1, 2019. 2020, 17:5, 6, eff. July 17, 2020; 2020, 37:9, 20, eff. July 29, 2020. 2021, 91:395, eff. July 1, 2021; 122:9, eff. July 9, 2021; 189:2, eff. Jan. 1, 2022. 2022, 96:1, eff. July 19, 2022; 110:1, eff. July 26, 2022; 285:2, eff. July 1, 2022; 319:2, eff. July 1, 2022.

    126-A:50 to 126-A:59 Repealed by 2021, 122:11, I, eff. July 9, 2021. 

    126-A:6 Department Administrator of Title XX Social Security. 

Notwithstanding any other provision of law to the contrary, the governor shall designate the department of health and human services to administer the provisions of Title XX
 of the Social Security Act, Public Law 93-647, and the commissioner is hereby authorized to receive and distribute funds under said act.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:60 Repealed by 2000, 316:8, II, eff. July 1, 2000. 

    126-A:61 Repealed by 2021, 122:11, I, eff. July 9, 2021. 

    126-A:62 Repealed by 2000, 316:8, III, eff. July 1, 2000. 

    126-A:63 Repealed by 2021, 122:11, I, eff. July 9, 2021. 

    126-A:64 Repealed by 2017, 195:15, eff. Sept. 3, 2017. 

    126-A:65 Repealed by 2007, 263:98, II, eff. June, 30, 2011. 

    126-A:66 Repealed by 2014, 3:12, VIII, eff. Mar. 27, 2014. 

    126-A:67  Statewide Section 1115 Demonstration Waiver. 

I. On or before June 1, 2014, the commissioner, after consultation with stakeholders including state, county, and local officials and health care providers, shall submit a statewide section 1115
 demonstration waiver to enhance designated state health programs and transform the Medicaid care delivery system. The section 1115 demonstration waiver will promote the improvement of overall health through increased access to private insurance coverage options and will integrate and align New Hampshire's Medicaid care management program, the provision of coverage to the newly eligible under this chapter, existing Medicaid waivered programs, and other department initiatives in a manner that improves public health, and improves the quality of care and access to care for all Medicaid and CHIP beneficiaries. The waiver shall be used to allow the state maximum flexibility to redesign Medicaid including establishing premium assistance programs that are customized to transform the state's reform goals. To the greatest degree possible programs funded under the demonstration waiver shall complement the mental health settlement and shall be designed to promote innovation, reform delivery systems, and reduce the number of uninsured patients who seek treatment from health care providers.

II. Prior to submitting the waiver to CMS, the commissioner shall present the waiver to the fiscal committee of the general court for approval. The waiver shall be approved by the CMS by December 1, 2014.


Source. 2014, 3:5, eff. Mar. 27, 2014.

    126-A:68 Repealed by 2015, 147:3, eff. Nov. 1, 2015. 

    126-A:69 Repealed by 2016, 1:1, eff. Nov. 1, 2017. 

    126-A:7 Deputy Commissioner of Health and Human Services. 

Subject to the approval of the governor and council, the commissioner of health and human services shall appoint a deputy commissioner who shall serve for a term of 4 years. The deputy commissioner shall perform such duties as may be assigned by the commissioner, which may include, but not be limited to, the authority and power with approval of the commissioner to direct and supervise the operation and administration of any division of the department. The annual salary of the deputy commissioner shall be as prescribed in RSA 94:1-a.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:70 to 126-A:71 Repealed by 2021, 122:34, eff. July 9, 2021. 

    126-A:72 Repealed by 2016, 274:2, effective Nov. 1, 2017. 

[RSA 126-A:73-a repealed by 2019, 229:6, effective November 1, 2024.]
    126-A:73-a Commission to Study Environmentally-Triggered Chronic Illness Reestablished. 

I. There is established a commission to study environmentally-triggered chronic illness.

II. (a) The members of the commission shall be as follows:

(1) Five members of the house of representatives, 3 of whom shall be appointed by the speaker of the house of representatives and 2 of whom shall be appointed by the house minority leader.

(2) Two members of the senate, one of whom shall be a member of the minority party, appointed by the president of the senate.

(3) The program manager of the environmental public health tracking program, department of health and human services, or designee.

(4) The commissioner of the department of environmental services, or designee.

(5) The director of the university of New Hampshire institute for health policy and practice, or designee.

(6) The director of Boston University public health policy and practice, or designee.

(7) A representative from the New Hampshire Medical Society, appointed by the society.

(8) The chair of the board of trustees of the New Hampshire Hospital Association, or designee.

(9) An advanced practice registered nurse, appointed by the New Hampshire Nurse Practitioner Association.

(10) Two community members with backgrounds in environmental science and/ or public health, one of whom shall be appointed by the president of the senate and one of whom shall be appointed by the speaker of the house of representatives.

(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. (a) The commission's study shall include, but not be limited to:

(1) Determining which entities may report confirmed cases of chronic conditions or other health-related impacts to the public health oversight program.

(2) Recommending ways to alert public health officials regarding higher than expected rates of chronic disease or other health-related impacts which may be related to exposures of unrecognized environmental contaminants.

(3) Recommending a method to inform citizens regarding programs designed to manage chronic disease or other environmental exposure health-related impacts.

(4) Recommending data sources and a method to include data compiled by a public or private entity to the greatest extent possible in the development of the public health oversight program.

(5) Defining by codes, the health status indicators to be monitored, including chronic conditions, medical conditions, and poor health outcomes.

(6) Studying current health databases, including years available, potential for small area analysis, and privacy concerns.

(7) Researching currently existing health data reports by agency, bureau, or organization.

(8) Creating a model of desired data outputs and reports for chronic conditions and other health-related impacts.

(9) Identifying the gaps between what currently exists and the model output.

(10) Recommending the organizational structure responsible for the oversight function and mandatory reporting requirements.

(11) Reviewing results of stages 1, 2 and 3 of the pilot study recommended by the previous commission established by 2017, 166 and identifying changes to subparagraphs (8), and further identify items in (9) and (10).

(12) Identifying technology system changes necessary to carry out the charge of the commission.

(13) Collaborating with the National Institutes of Health, the United States Environmental Protection Agency, and the Centers for Disease Control and Prevention to develop protocols for the department of health and human services to educate and provide guidelines for physicians and other advanced health care practitioners to identify and evaluate appropriate diagnostic screening tests to assess health effects from exposure to emerging contaminants.

(14) Collaborating with the National Institutes of Health, the United States Environmental Protection Agency, and the Centers for Disease Control and Prevention to develop protocols for programs to streamline education and outreach to health care providers about how to implement the guidelines specified in subparagraph (13). The protocols shall include education relative to methods to reduce further exposures and to eliminate the contaminants, if effective methods are available.

(15) Recommending legislation, as necessary, to carry out the charge of the commission.

(b) The commission shall solicit information from any person or entity the commission deems relevant to its study.

(c) The commission may, with input from a state agency or agencies, decide whether additional appropriations are necessary to complete the work of the commission. The commission may recommend additional appropriations for approval by the general court.

IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Seven members of the commission shall constitute a quorum.

V. The commission may form subcommittees or appoint technical committees composed of commission members and non-voting nonmembers to advance the goals of this section.

VI. The commission shall submit interim reports on November 1 of each year beginning November 1, 2020 containing its findings and any recommendations for proposed legislation and a final report on or before November 1, 2024 to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library.


Source. 2019, 229:2, eff. July 12, 2019.

    126-A:73 Repealed by 2017, 166:3, eff. Nov. 1, 2018. 

    126-A:74 Repealed by 2017, 197:5, I, eff. June 30, 2022. 

    126-A:75 Repealed by 2018, 57:8, eff. July 1, 2019. 

    126-A:76 Data Sharing Between the Department of Environmental Services and the Department of Health and Human Services. 

I. The department of environmental services and the department of health and human services shall develop and implement a method by which the departments share certain health outcome and environmental data. On or before September 1, 2018, the commissioners of the department of environmental services and the department of health and human services shall:

(a) Enter into an updated memorandum of agreement on cooperation regarding data sharing between the department of health and human services and the department of environmental services.

(b) Sign a joint standard operating procedure on how data layers can be shared between the 2 departments to identify linkages between environmental contaminants and health outcomes in a collaborative fashion.

(c) Hold a presentation on the departments' ongoing, joint efforts under the Centers for Disease Control and Prevention environmental public health tracking cooperative agreement.

(d) Make a presentation to the commission to study environmentally-triggered chronic illness regarding the departments' use of the standard operating procedure developed under subparagraph (b) to compare data, analyze community impacts, and communicate the results to the community.

II. Nothing in this section shall require the disclosure of confidential or personally identifiable information otherwise protected by state or federal law. In order to assure the privacy of protected health information, only non-protected health information or aggregated data shall be made available where it is pertinent to the matter being assessed.

III. On or before September 1, 2019, and at a minimum every 6 months thereafter, the commissioners of the department of environmental services and the department of health and human services shall submit a report regarding the data sharing practices required under paragraph I to the speaker of the house of representatives, the senate president, the state library, and the commission to study environmentally-triggered chronic illness. The report shall include results of the 2-way pilot project between the departments on arsenic in drinking water, where both health effects and environmental data exist.


Source. 2018, 296:1, eff. Aug. 24, 2018. 2019, 229:4, 5, eff. July 12, 2019.

    126-A:77-a Repealed by 2019, 320:6, eff. Nov. 1, 2020. 

    126-A:77 Repealed by 2018, 350:2, eff. Nov. 1, 2018. 

    126-A:78 Definition. 

For the purposes of this subdivision, a rare disease means a disease affecting 200,000 people or fewer in the United States.


Source. 2019, 24:1, eff. July 14, 2019.

[RSA 126-A:79-a repealed by 2019, 335:2, effective November 1, 2024.]
    126-A:79-a  Commission on the Environmental and Public Health Impacts of Perfluorinated Chemicals. 

I. There is established a commission to study environmental and public health impacts resulting from per fluorinated chemicals (PFAS) releases to the air, soil, and water in Merrimack, Litchfield, Londonderry, and Bedford.

II. (a) The members of the commission shall be as follows:

(1) Five members of the house of representatives, 3 of whom shall be appointed by the speaker of the house of representatives and 2 of whom shall be appointed by the house minority leader.

(2) Two members of the senate, appointed by the president of the senate.

(3) The program manager from the department of health and human services environmental public health tracking program, or designee.

(4) The commissioner of the department of environmental services, or designee.

(5) The director of the university of New Hampshire Institute for Health Policy and Practice, or designee.

(6) A representative from the New Hampshire Medical Society, appointed by the society.

(7) Two citizens with backgrounds in environmental science and/or public health, recommended by the senators appointed to the commission and appointed by the president of the senate.

(8) A representative from each of the affected towns of Merrimack, Bedford, Londonderry, and Litchfield, appointed by the governing body of such town.

(9) Four residents, one from each of the affected towns of Merrimack, Bedford, Londonderry, and Litchfield, who are members of drinking water related environmental advocacy citizen organizations which are not affiliated with any government or state agency, recommended by the senators appointed to the commission and appointed by the president of the senate.

(10) A hydrogeologist, appointed by the New Hampshire chapter of the United States Geological Survey.

(11) A toxicologist, epidemiologist, or environmental health professor from the university of New Hampshire, appointed by that institution.

(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

III. (a) The commission's study shall include, but not be limited to:

(1) Obtaining information necessary to delineate the extent of PFAS drinking water contamination from airborne, soil, and groundwater releases.

(2) Assessing and implementing steps necessary to investigate public health impacts from PFAS exposures to air, soil, and drinking water.

(3) Assessing sources and impacts to surface water from wastewater and other discharges from the Merrimack, New Hampshire Saint Gobain plant.

(4) Assessing whether soil regulations are sufficient to contain contaminated materials.

(5) Receiving updates at each commission meeting from the department of environmental services and the department of health and human services on matters including but not limited to, scientific findings and related materials, enforcement actions, and regulatory status.

(6) Receiving ongoing copies of all correspondence between state and federal agencies and responsible parties; including but not limited to, documents related to scientific findings, interim progress and regulatory or enforceable matters from the department of environmental services and the department of health and human services.

(7) Developing prioritized governmental and community actions.

(8) Reviewing the progress made by state and federal agencies, if appropriate, and their partners.

(9) Delineating the potential roles and responsibilities for municipalities, state agencies, and their partners.

(10) Communicating to the public about the environmental and public health impacts of the PFAS exposure investigation and analysis.

(11) Assessing whether current rules or regulations are sufficiently protective of public health and proposing legislation, as necessary, to protect public health.

(12) Recommending legislation, as necessary, to carry out the charge of the commission or resulting from any commission findings.

(13) Assessing whether current penalties and regulatory controls are sufficiently protective of the environment and public health and recommending changes necessary.

(14) Assessing agreements between the state and Saint Gobain and proposing additional actions necessary to achieve the charge of the commission and,

(b) The commission shall solicit information from any person or entity the commission deems relevant to its study. The commission may, with input from a state agency or agencies, decide whether additional appropriations are necessary to complete the work of the commission.

IV. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Seven members of the commission shall constitute a quorum.

V. The commission shall submit an interim report of its findings on November 1, each year between 2020 and 2024, and a final report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2024.


Source. 2019, 335:1, eff. Aug. 16, 2019. 2021, 22:1, 2, eff. May 6, 2021.

    126-A:79 New Hampshire Rare Disease Advisory Council Established. 

I. There is hereby established the New Hampshire rare disease advisory council.

II. (a) The advisory council shall consist of the following members:

(1) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(2) One member of the senate, appointed by the senate president.

(3) The commissioner of the department of health and human services, or designee.

(4) A physician licensed under RSA 329, appointed by the New Hampshire Medical Society.

(5) An APRN, appointed by the New Hampshire Nurse Practitioner Association.

(6) A representative of the New Hampshire Hospital Association, appointed by the association.

(7) A representative from a health insurer issuing policies in New Hampshire, appointed by the governor.

(8) One parent or guardian of a youth with a rare disease, appointed by the governor.

(9) Two adult persons living with a rare disease that is distinct from each other's and from that of the person appointed in subparagraph (8), appointed by the governor.

(10) A physician or medical researcher specializing in a rare disease who for the first 3-year term shall be a medical expert in amyotrophic lateral sclerosis, appointed by the New Hampshire Medical Society.

(b) The council may solicit information from any person or entity the advisory council deems relevant to its quest.

III. Terms of office shall be for 3 years, except that legislative members shall serve the terms coterminous with their terms of office. No member shall serve more than 2 full consecutive terms.

IV. Members shall elect annually from among their number a chairperson and such other officers as they may determine necessary.

V. Legislative members of the advisory council shall receive mileage at the legislative rate.

VI. The advisory council shall:

(a) Advise the legislature and the department of health and human services on rare diseases in New Hampshire.

(b) Coordinate with other states' rare disease advisory bodies, community-based organizations, and other public and private organizations for the purpose of ensuring greater cooperation between state and federal activities encouraging research, diagnosis, and treatment of rare diseases. Federal agencies may include, but are not limited to, the National Institutes of Health, and the United States Food and Drug Administration.

(c) Explore existing data on rare diseases in New Hampshire collected by the department of health and human services.

(d) Encourage public awareness regarding rare diseases in New Hampshire.

VII. The advisory council shall submit an annual report detailing its findings, including recommendations for legislation, commencing on or before December 1, 2020, to the governor, the speaker of the house of representatives, the president of the senate, the commissioner of the department of health and human services, and the oversight committee on health and human services, established in RSA 126-A:13.


Source. 2019, 24:1, eff. July 14, 2019.

    126-A:8 Acting Commissioner;  Appointment. 

The commissioner of health and human services may appoint one member of the commissioner's staff who shall act in the commissioner's stead when the commissioner is absent from the state and at such other times as directed by the commissioner. When acting for the commissioner such person shall have all the power, duties, and authority of the commissioner.


Source. 1995, 310:1, eff. Nov. 1, 1995.

    126-A:80 New Hampshire Pharmaceutical Assistance Pilot Program for Seniors. 

I. The commissioner of the department of health and human services shall establish a prescription drug assistance pilot program for seniors. The purpose of the pilot program shall be to wraparound or supplement the federal prescription drug benefit under Medicare Part D by paying the out-of-pocket costs for prescription drugs for eligible individuals who have reached the coverage gap, known as the donut hole, under Medicare Part D. The pilot program shall be the payer of last resort and shall cover all out-of-pocket prescription drug costs for which assistance is not otherwise available in the coverage gap, known as the donut hole. The pilot program shall be available to the first 1,000 individuals age 65 or older who apply for such assistance, who have a gross annual household income of 250 percent or less of the federal poverty level, and who otherwise meet the eligibility criteria established by the department. Assistance shall be available under the pilot program from January 1, 2020 to January 1, 2021. The commissioner shall make available an online application, a telephone number for applications and questions, and shall provide written applications upon request. Applications shall include information on income, household size, Medicare Part D enrollment and coverage information, the prescription drugs for which assistance is sought, the age of the applicant, and the location of the applicant. On or before February 1, 2020, the commissioner shall adopt rules, under RSA 541-A, relative to pilot program enrollment, administration, and evaluation.

II. On or before March 1, 2021, the commissioner of the department of health and human services shall submit an evaluation report of the pilot program to the senate president, the speaker of the house of representatives, the governor, the senate finance committee, the house finance committee, the senate health and human services committee, and the house health, human services and elderly affairs committee. The report shall include information regarding the number of applications, age and location of applicants, prescription drugs for which assistance was provided, costs per eligible applicant, likely costs per non-eligible applicant, and descriptions regarding applicant ineligibility.


Source. 2019, 346:383, eff. July 1, 2019.

[RSA 126-A:81 effective upon receipt of sufficient funding for positions required to carry out the purpose of this section.]
    126-A:81 Access to Health Care for Veterans;  Navigator Training Program. 

I. In this subdivision, "veteran" means veteran as defined in 38 U.S.C. section 101(2).

II. The commissioner, in coordination with the adjutant general, shall develop and operate a veteran health navigator training program to increase access to health care coverage and services for veterans. The commissioner shall identify, train, and deploy veteran health navigators who have direct knowledge of the veteran communities they serve. For the purposes of the training program, the commissioner shall use the veterans service officers currently employed by the department of military affairs and veterans services. The veteran health navigators shall help identify all federal and other health benefits, coverage, and services available to veterans and their families. Veteran health navigators shall coordinate with relevant departments, health care providers, and health insurance programs to help veterans and their beneficiaries apply for coverage under such programs, including helping veterans overcome barriers within the health care system to ensure enrollment in health plans and effective delivery and coordination of health services. The activities under this program shall use existing resources and structures where veterans and their families are likely to be found.

III. Using the veteran health navigator training program under paragraph I as a source of information about the needs, coverage, and treatment gaps faced by veterans and their families, the commissioner shall examine all existing programs designed to increase access to affordable quality health care and to evaluate whether the needs of veterans and their families are met by those programs or whether further coordination with the veteran health navigators or other steps would better meet such needs. The commissioner shall execute any necessary steps identified under this paragraph.


Source. 2020, 34:4.

[RSA 126-A:82 effective upon receipt of sufficient funding for positions required to carry out the purpose of this section.]
    126-A:82 Access to Mental Health Services for Veterans. 

I. The veteran health navigators shall identify all federal and other mental health benefits, coverage, and services available to veterans and their families, including for post-traumatic stress disorder, depression, and suicide prevention.

II. (a) In coordination with local, state, and federal governmental agencies, in consultation with nonprofit corporations, service providers including Veterans Affairs Medical Centers, the United States Department of Veterans Affairs, localities, and cities that have an effective prevention and treatment system for mental health, the commissioner shall develop and implement a strategy to reduce barriers to access to mental health services and treatment for veterans and their families by:

(1) Identifying structural and logistical barriers to accessing treatment, including perceived stigma, long out of state travel distances to receive care, and any other barriers.

(2) Resolving all barriers identified in subparagraph (1) that can be resolved without legislative or budgetary action, including through increased coordination between departments, nonprofit providers, and the federal government, application for and use of private and federal grants, and other actions.

(b) The commissioner shall submit an annual report containing additional legislative or budgetary steps that would resolve the barriers under subparagraphs (a)(1) and (2) to the president of the senate, the speaker of the house of representatives, the governor, and the chairpersons of the house and senate committees having jurisdiction over public health issues on or before each November 1, commencing on November 1, 2021. The report shall also be posted on the department's Internet website.

III. The commissioner shall in coordination with local, state, and federal government agencies, and in consultation with nonprofits corporations, service providers including Veterans Affairs Medical Centers, the United States Department of Veterans Affairs, localities, and cities that have effective prevention and treatment systems for mental health, enhance and strengthen suicide prevention programs in keeping with proven best practices and research, by:

(a) Identifying and applying for federal and private grants focused on veteran suicide prevention;

(b) Coordinating local, state, federal, and nonprofit programs that include community-based approaches for at-risk veterans and veterans at large;

(c) Providing technical assistance to communities to develop strategic plans to reduce veteran suicide, including through coordination and participation by local leaders, faith communities, schools, workplaces, and other stakeholders; and

(d) Evaluating community strategic plans within the state and disseminating learnings and best practices to optimize the impact of efforts by all partners and stakeholders.

IV. (a) The commissioner shall create a centralized provider database, identifying by region mental health providers with expertise and ability to assist veterans and their families, including highlighting providers with training or experience in the prevention and treatment of veteran suicide.

(b) Using existing resources, and incorporating best practices and research from the United States Department of Veterans Affairs, and state and nonprofit services providers in New Hampshire, the commissioner shall develop a continuing education course for mental health providers in New Hampshire to obtain expertise in veteran suicide assessment, prevention, treatment, and risk management and make that program available for free to providers in regions of New Hampshire identified in subparagraph (a) as lacking sufficient trained providers.

(c) From existing or appropriated resources, the commissioner shall identify evidence-based best practices to increase awareness of any veteran suicide prevention hotline in New Hampshire or nationally, and other crisis resources with proven effectiveness to reduce veteran suicide.


Source. 2020, 34:4.

    126-A:83 Opioid Abatement Trust Fund Established. 

I. There is hereby established in the state treasury the opioid abatement trust fund that shall be kept distinct and separate from all other funds. All proceeds received by the state from all consumer protection settlements or judgments against opioid manufacturers or distributors shall be deposited in accordance with RSA 7:6-f. Any amount that would have been deposited in the general fund under 7:6-f shall, instead, be placed in the trust fund. All other opioid-related settlement funds or judgments from New Hampshire counties and all political subdivisions shall, likewise, be placed in the trust fund. The state treasurer shall be the trustee of the trust fund, and shall invest the trust fund in accordance with RSA 6:8. Any earnings on trust fund moneys shall be added to the trust fund. All moneys in the trust fund shall be nonlapsing and shall be continually appropriated to the state treasury. The state treasurer shall disburse funds from the trust fund solely for the purposes and in the manner set forth in RSA 126-A:84.

II. The treasurer shall distribute 15 percent of all funds received prior to any deposit in the consumer escrow account or the opioid abatement trust fund to the counties and the political subdivisions that filed lawsuits, on or before September 1, 2019, against opioid manufacturers, distributors and other persons identified as defendants in the multidistrict opioid litigation pending in the federal district court for the northern district of Ohio. This distribution shall occur on an annual basis. The distribution of funds shall be based on the most recent decennial census population of each qualifying county and political subdivisions. The population of any political subdivision which receives funds under this section shall not be included in the population of the county for determining the distribution to that county.


Source. 2020, 39:55, eff. July 1, 2020. 2022, 155:1, eff. Aug. 6, 2022.

    126-A:84 Opioid Abatement Trust Fund;  Management and Distribution of Funds. 

I. The commissioner of the department of health and human services, in consultation with the opioid abatement advisory commission established in RSA 126-A:85, shall administer the opioid abatement trust fund established in RSA 126-A:83. The commissioner shall draw from the opioid abatement trust fund for qualifying opioid abatement projects under RSA 126-A:86, I(b).

II. Funds shall be distributed between the state, counties, cities and towns as follows:

(a) Fifteen percent of the funds each year shall be distributed to the counties and political subdivisions as identified in RSA 126-A:83, II.

(b) All remaining funds shall be deposited into the opioid abatement trust fund as established by RSA 126-A:83, I to be distributed by the commissioner of the department of health and human services, with approval of the opioid abatement advisory commission. Funds may be awarded to a qualifying governmental entity or program for an approved use under RSA 126-A:86, I(b).

III. The commissioner of the department of health and human services shall continue to make distributions from the trust fund under this section for as long as defendants in the opioid litigation make payments to the state or until such time that the funds in the opioid abatement trust fund are exhausted.

IV. On or before September 1, 2020, each county, city, town or program that receives funds under paragraph II shall annually provide to the department of health and human services and the opioid abatement advisory commission a detailed account of all monies spent on approved uses, including, but limited to, an analysis and evaluation of the projects and programs it has funded.

V. The department of health and human services shall adopt rules under RSA 541-A necessary to implement this subdivision. Such rules shall include funding qualifications, application procedures, time-lines for receiving, reviewing and acting upon application requests, and reporting requirements.

VI. On or before November 1, 2020, the commissioner of the department of health and human services shall submit an annual report to the governor and fiscal committee of the general court detailing the activities of the advisory commission, the administration of the opioid abatement trust fund, the amount distributed in the past year, including available measures of success and corresponding data of programs funded, the amount remaining in the trust fund, a summary of how funds were used in the past year, and any recommendations for future legislation.


Source. 2020, 39:55, eff. July 1, 2020. 2022, 155:6, eff. Aug. 6, 2022.

    126-A:85 New Hampshire Opioid Abatement Advisory Commission Established. 

I. There is hereby established the New Hampshire opioid abatement advisory commission, which shall consult with and advise the commissioner of the department of health and human services relative to the proper administration and management of the opioid abatement trust fund, as established in RSA 126-A:83, and which shall approve all qualifying grants, loans, and matching funds from that fund under RSA 126-A:86, I(b).

II. The commission shall consist of the following members:

(a) The governor, or designee.

(b) The attorney general, or designee.

(c) The state treasurer, or designee.

(d) The commissioner of the department of corrections, or designee.

(e) The commissioner of the department of health and human services, or designee.

(f) One member of the house of representatives, appointed by the speaker of the house of representatives.

(g) One member of the senate, appointed by the president of the senate.

(h) The chairperson of the governor's commission on alcohol and drug abuse, prevention, treatment and recovery, or designee.

(i) A county attorney appointed by the governor.

(j) A county corrections superintendent, or designee, appointed by the governor.

(k) A county nursing home supervisor, or designee, appointed by the New Hampshire Association of Counties.

(l) A New Hampshire municipal fire chief, appointed by the governor.

(m) A New Hampshire municipal police chief, appointed by the governor.

(n) One designee from a county with a population of 100,000 or more, appointed by the governor.

(o) One designee from a county with a population of less than 100,000, appointed by the governor.

(p) One designee of a city with a population over 75,000, appointed by the governor.

(q) One designee of a city or town with a population under 75,000, appointed by the governor.

(r) One designee representing a town with a population under 20,000, appointed by the governor.

(s) One designee representing victims of the opioid crisis, appointed by the attorney general.

(t) One member representing prevention, appointed by the governor's commission alcohol and drug abuse prevention, treatment, and recovery, or designee.

(u) One member representing treatment, appointed by the governor's commission on alcohol and drug abuse prevention, treatment, and recovery, or designee.

(v) One member representing recovery, appointed by the governor's commission on alcohol and drug abuse prevention, treatment, and recovery, or designee.

(w) One public school superintendent, or designee, appointed by the New Hampshire School Administrators Association.

III. Members appointed under subparagraphs (n) through (w) shall be appointed for staggered 2-year terms. Members appointed under subparagraphs (a) through (m) shall serve a term coterminous with their term in office. The advisory commission shall elect a chairperson every year with no person serving as chairperson for more than 2 consecutive one-year terms. The governor may remove any non-legislative member with cause.

IV. Each member of the advisory commission shall have one vote, with all actions being taken by an affirmative vote of the majority of present members. Eleven members shall constitute a quorum.

V. Members of the advisory commission shall receive no compensation except for legislative members who shall receive the legislative rate for mileage when attending to their duties on the commission.

VI. Meetings of the advisory commission shall be conducted in accordance with RSA 91-A and take place no less than twice per year.

VII. The department of health and human services shall provide administrative support to the advisory commission.


Source. 2020, 39:55, eff. July 1, 2020. 2022, 155:2, 4, 5, eff. Aug. 6, 2022.

    126-A:86 New Hampshire Opioid Abatement Advisory Commission;  Duties. 

I. The opioid abatement advisory commission shall:

(a) Consult with and advise the commissioner of the department of health and human services on the administration and management of the opioid abatement trust fund, and approve the selection of eligible fund recipients under RSA 126-A:83, II(b).

(b) Award grants, revolving loan funds, and matching funds to projects from the opioid abatement trust fund under RSA 126-A:83, I, in a manner consistent with the following criteria. All disbursements or grants shall require approval of the governor and executive council. Funds may be awarded if the project meets one of the following criteria:

(1) Reimburse the state and any political subdivision within the state for any portion of the cost related to outpatient and residential opioid use disorder (OUD) and any co-occurring substance use disorder or mental health (SUD/MH) treatment services, including, but not limited to, services provided to incarcerated individuals, Medication assisted treatment (MAT); abstinence-based treatment; treatment, recovery or other services provided by states, subdivisions, community health centers, or not-for-profit providers;

(2) Reimburse the state and any political subdivision for emergency response services related to OUD and any co-occurring SUD/MH issues provided by law enforcement and first responders;

(3) Support mobile intervention, treatment, and recovery services, offered by qualified professionals, for persons with OUD and any co-occurring SUD/MH issues or persons who have experienced an opioid overdose;

(4) Support detoxification services for persons with OUD and any co-occurring SUD/MH issues, including medical detoxification, referral to treatment or connections to other services;

(5) Reimburse the state and any political subdivision within the state for any portion of the cost of administering naloxone;

(6) Provide access to housing for people with OUD and any co-occurring SUD/MH issues, including supportive housing, recovery housing, or housing assistance programs;

(7) Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH issues;

(8) Provide employment training or educational services for persons in treatment for or in recovery from OUD and any co-occurring SUD/MH;

(9) Create or support centralizes call centers that provide information and connections to appropriate services and supports for persons with OUD and an co-occurring SUD/MH issues;

(10) Improve oversight of opioid treatment programs (OTPs) to assure evidence-based, evidence-informed practices;

(11) Provide scholarships and supports for certified addiction counselors and other mental and behavioral health providers involved in addressing OUD and any co-occurring SUD/MH issues, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas of the state;

(12) Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based, evidence-informed programs or strategies;

(13) Support enhancements or improvements consistent with state law to the prescription drug monitoring program; and

(14) Support the education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

(15) Support evidence-based prevention programs and services, including efforts to promote healthy, drug-free lifestyles, reduce isolation, build skills and confidence, and facilitate community-based prevention efforts.

(16) Support for public and non-public school programs and services for students with OUD and any co-occurring SUD/MH issues or who have been affected by OUD and any co-occurring SUD/MH issues within their family.

II. The commission or the commissioner of the department of health and human services may identify additional responsibilities including reporting on projects and programs related to addressing the opioid epidemic, developing priorities, goals and recommendations for spending on such projects and programs, working with state agencies or outside entities to develop measures for projects and programs that address substance use disorders, making recommendations for policy changes on a state and local level, including statutory law and administrative agency regulations.

III. The commission shall create and maintain a website on which it shall publish its minutes, attendance rolls and votes, including records of all votes on funding requests, funding awards, and reports of funding by recipients.


Source. 2020, 39:55, eff. July 1, 2020. 2022, 155:3, eff. Aug. 6, 2022.

    126-A:87 State Health Improvement Plan. 

I. The commissioner of the department of health and human services shall, in consultation with the state health assessment and state health improvement plan advisory council established in RSA 126-A:88, and others, develop a state health assessment and a state health improvement plan.

II. The state health assessment shall:

(a) Describe the status of health and well-being in New Hampshire, access to critical healthcare services including maternity care, the cost of healthcare and insurance coverage, and the fiscal stability and sustainability of critical services to ensure sufficient and equitable access throughout the state.

(b) Utilize input from state and local level stakeholders obtained through public forums.

(c) Identify disparities in social determinants that may impact health, health outcomes, and access to care.

(d) Map health care service delivery, utilization, inter-entity collaboration, and identification of gaps or redundancies.

(e) Describe the role of state agencies in supporting the public health system in New Hampshire.

(f) Utilize existing data and plan for future data to support statewide and local planning.

(g) Identify priorities for the state health improvement plan.

III. The state health improvement plan shall guide the department in assessing, planning, implementing, and monitoring improvement in the health and well-being of New Hampshire's population.

IV. The state health improvement plan shall focus on strategies to:

(a) Improve the overall health and wellness of populations; improve the quality and experience of care and reduce cost both to individuals and overall to the healthcare system.

(b) Improve specific health outcomes and reduce inequities in measurable ways; and

(c) Optimize the public health and human service delivery systems.

V. The state health improvement plan shall identify priorities and evidence-based practices, recommend integration of services, and encourage the leveraging of resources across the state.

VI. The department shall make publicly available through an Internet website an analysis pertaining to state health assessment indicators, identification of state health priorities, goals, and the development of the state health improvement plan.

VII. The information made available shall be maintained as a public resource for centralized and decentralized decision making and policy analysis by state and local health and human service entities, housing developers, municipalities, policy makers, the public, and other entities as they consider health improvement planning and health in all policies.

VIII. The information may also be used by the department to align planning, integrate services, and leverage resources across the department.

IX. The commissioner, in consultation with the state health assessment and state health improvement plan advisory council, shall release to the public, the state health assessment no later than 12 months after the effective date of this section and the state health improvement plan no later than 24 months after the effective date of this section. The plan shall be reviewed annually and updated every 5 years, or earlier if determined necessary by the commissioner.


Source. 2020, 39:16, eff. July 29, 2020. 2021, 35:1, eff. May 17, 2021.

    126-A:88 State Health Assessment and State Health Improvement Plan Advisory Council Established. 

I. There is hereby established a state health assessment and state health improvement plan advisory council. The council should be diverse with respect to race, ethnicity, geography, ideology, and age, and shall be comprised of the following members:

(a) Two members of the house of representatives, one of whom shall be appointed by the speaker of the house of representatives and one of whom shall be appointed by the minority leader.

(b) Two members of the senate, one of whom shall be a member of the minority party, appointed by the senate president.

(c) The commissioner of the department of health and human services, or designee.

(d) The commissioner of the department of education, or designee.

(e) The commissioner of the insurance department, or designee.

(f) The commissioner of the department of safety, or designee.

(g) The commissioner of the department of corrections, or designee.

(h) The attorney general, or designee.

(i) The director of the division of public health services, department of health and human services, or designee.

(j) The chairperson of state commission on aging, or designee.

(k) The director of the Manchester health department, or designee.

(l) A representative from the New Hampshire Public Health Association, appointed by the association.

(m) A representative of the New Hampshire Alliance for Healthy Aging, appointed by the alliance.

(n) A representative of the North Country Health Consortium, appointed by the consortium.

(o) A representative of the New Hampshire Fiscal Policy Institute, appointed by the institute.

(p) Two representatives from housing entities, one appointed by the New Hampshire Housing Finance Authority, and one appointed by the New Hampshire Housing Authorities Corporation.

(q) Three representatives of hospitals located in New Hampshire, One from an academic medical center, one from a community hospital which is not a critical access hospital, and one from a critical access hospital, appointed by the New Hampshire Hospital Association.

(r) A representative of a federally qualified community health center, appointed by the Bi-State Primary Care Association.

(s) A psychiatrist or psychologist licensed in New Hampshire, appointed by the commissioner of the department of health and human services.

(t) A physician, appointed by the New Hampshire Medical Society.

(u) An advanced practice nurse practitioner licensed in New Hampshire, appointed by the New Hampshire Nurse Practitioners Association.

(v) A representative of municipal government, appointed by the New Hampshire Municipal Association.

(w) A school superintendent, appointed by the New Hampshire School Administrators Association.

(x) A representative of a peer recovery program, appointed by the commissioner of the department of health and human services.

(y) An environmental health researcher from a New Hampshire college or university, appointed by the commissioner of the department of health and human services.

(z) A representative of a philanthropic organization, appointed by the commissioner of the department of health and human services.

(aa) A substance use disorder treatment provider, appointed by the NH Providers Association.

(bb) A community action program representative, appointed by the New Hampshire Community Action Partnership.

(cc) The director of the Nashua health department, or designee.

(dd) A health officer, appointed by the New Hampshire Health Officers Association.

(ee) The commissioner of the department of business and economic affairs, or designee.

(ff) A representative from Community Support Network, Inc. (CSNI), appointed by CSNI.

(gg) A representative from New Hampshire Community Behavioral Health Association, appointed by association.

(hh) The director of the office of health equity, department of health and human services, or designee.

(ii) The director of the Josiah Bartlett Center for Public Policy, or designee.

II. The council may solicit information and participation from any person or entity determined necessary by the council in the performance of its duties. The council shall be administratively attached to the department.

III. Members of the council appointed under subparagraphs I(a) through (j) shall serve a term coterminous with their term in office. The members appointed pursuant to subparagraphs I(k) through (ii) shall serve 6-year terms provided that initial appointments shall be for staggered terms of one to 6 years. Legislative members shall receive mileage at the legislative rate when attending to the duties of the council. The first-named senate member shall convene the organizational meeting of the council within 45 days of the effective date of this section for the purpose of electing officers. The chairperson shall be elected upon a majority vote of the council. Twenty members shall constitute a quorum.

IV. The chairperson may establish subcommittees upon majority vote of the council. Membership of the subcommittees shall be established by the chairperson upon majority vote of the council. If any member of the council is absent without previously being excused by the chairperson for 3 or more regular meetings, the member may be removed upon a majority vote of the council.

V. The council shall be subject to the provision of RSA 91-A.

VI. The commissioner, in collaboration with the council, shall submit an annual report to the president of the senate, the speaker of the house of representatives, the governor, the chairpersons of the house and senate committees having jurisdiction over finance and health and human services, and chairperson of the oversight committee on health and human services, established under RSA 126-A:13, by November 1 of each year, commencing on November 1, 2021, on the council's activities and including the council's recommendations for legislation to include estimated cost and benefit summary based on existing resources.


Source. 2020, 39:16, eff. July 29, 2020. 2021, 35:1, eff. May 17, 2021.

    126-A:89 Definitions. 

In this subdivision:

I. (a) "
Chronic pain
" means a state in which pain persists beyond the usual course of an acute disease or healing of an injury, or that might or might not be associated with an acute or chronic pathologic process that causes continuous or intermittent pain over months or years. It also includes intermittent episodic pain that might require periodic treatment.

(1) For the purpose of this subdivision, chronic pain does not cover or in any way determine treatment for pain from terminal disease.

(2) For the purpose of this subdivision, chronic pain includes but may not be limited to pain defined as "chronic," "intractable," "high impact," "chronic episodic," and "chronic relapsing."

(b) A diagnosis of chronic pain made by a practitioner licensed in any of the states in the United States or the District of Columbia and supported by written documentation of the diagnosis by the treating practitioner shall constitute proof that the patient suffers from chronic pain.

II. "
Commissioner
" means the commissioner of the department of health and human services.

III. "
Controlled substance
" means controlled drugs as defined in RSA 318-B:1, VI.

IV. "
Department
" means the department of health and human services, established in RSA 126-A:4.

V. "
Dispense
" means to deliver a controlled substance by lawful means and includes the packaging, labeling, or compounding necessary to prepare the substance for such delivery.

VI. "
Dispenser
" means a person or entity who is lawfully authorized to deliver a schedule II-IV controlled substance, but does not include:

(a) A licensed hospital pharmacy under RSA 318 that dispenses less than a 48-hour supply of a schedule II-IV controlled substance from a hospital emergency department or that dispenses for administration in the hospital;

(b) A practitioner, or other authorized person who administers such a substance;

(c) A wholesale distributor of a schedule II-IV controlled substance or its analog;

(d) A prescriber who dispenses less than a 48-hour supply of a schedule II-IV controlled substance from a hospital emergency department to a patient;

(e) A veterinarian who dispenses less than a 48-hour supply of a schedule II-IV controlled substance to a patient; or

(f) A practitioner who does not hold or operate under an active Drug Enforcement Agency registration number to prescribe or dispense controlled substances.

VII. "
Patient
" means the person or animal who is the ultimate user of a controlled substance for whom a lawful prescription is issued and for whom a controlled substance or other such drug is lawfully dispensed.

VIII. "
Practitioner
" means a physician, dentist, podiatrist, veterinarian, pharmacist, APRN, physician assistant, naturopath, or other person licensed or otherwise permitted to prescribe, dispense, or administer a controlled substance in the course of licensed professional practice. "
Practitioner
" shall also include practitioners with a federal license to prescribe or administer a controlled substance.

IX. "
Prescribe
" means to issue a direction or authorization, by prescription, permitting a patient to lawfully obtain controlled substances.

X. "
Prescriber
" means a practitioner or other authorized person who prescribes a schedule II, III, or IV controlled substance.

XI. "
Program
" means the controlled drug prescription health and safety program that electronically facilitates the confidential sharing of information relating to the prescribing and dispensing of controlled substances listed in schedules II-IV, established by the department pursuant to RSA 126-A:90.


Source. 2021, 91:45, eff. July 1, 2021; 148:6, eff. July 1, 2021.

    126-A:9 Positions Established;  Staffing. 

I. There shall be established within the department the following unclassified positions, in addition to existing unclassified positions and positions established in paragraph II of this section.

(a) Subject to the approval of the governor and council, the commissioner of health and human services shall appoint a deputy commissioner and 3 associate commissioners, each of whom shall serve for a term of 4 years and shall perform such duties as may be assigned by the commissioner. Each appointee shall be qualified by reason of professional competence, education, and experience for his or her position. Any vacancy shall be filled for the unexpired portion of the 4-year term in the same manner as the original appointment. The duties of one of the associate commissioners shall include oversight of the division for children, youth and families and assigned responsibilities of the department under RSA 170-G. The annual salary of the deputy commissioner and associate commissioners shall be as prescribed in RSA 94:1-a.

(b) [Repealed.]

(c) The commissioner shall appoint an unclassified mental health medical supervisor who shall perform such duties as may be assigned by the commissioner. These duties shall include, but not be limited to, collecting and reporting information regarding patients in need of high acuity mental health treatment and information regarding treatment options. The mental health medical supervisor shall be clinically qualified to assist in the triage for appropriate inpatient, partial hospitalization, and/or community based services. The mental health medical supervisor shall be a psychiatrist or psychiatric nurse practitioner licensed or qualified to practice in New Hampshire. The salary of the mental health medical supervisor shall be determined after assessment and review of the appropriate temporary letter grade allocation in RSA 94:1-a, I(b) for the position which shall be conducted pursuant to RSA 94:1-d and RSA 14:14-c.

II. (a) [Repealed.]

(b) The commissioner shall appoint a person to each position established pursuant to subparagraph (a). Any vacancy shall be filled in the same manner as the original appointment. The annual salary of such unclassified employees shall be as prescribed in RSA 94:1-a. The provisions of RSA 21:33-a shall not apply to appointments made under this subparagraph.

(c) Each person appointed under subparagraph (b) shall serve subject to the following provisions:

(1) The commissioner, at any time, upon written notice to the employee, may terminate the appointee from the position for either:

(A) Good cause, which shall include, but not be limited to malfeasance, misfeasance, or insubordination; or

(B) The abolition of a position because of a change in organization, lack of work, unappropriated or insufficient funds, or like reasons.

(2) Within 10 days after receipt of the notice of the termination, the appointee may appeal the termination in writing to the commissioner.

(3) Within 20 days of receiving the notice of appeal, the commissioner shall conduct a hearing in accordance with RSA 126-A:5, VIII.

(4) Within 10 days after completion of the hearing process, the commissioner shall render a written decision. If the termination is reversed, the employee shall be reinstated to the same position and all pay and benefits lost during the time of the appeals process shall be restored to the appointee.

(d) Any positions that were established under this section and subsequently transferred to the department of information technology and become vacant may be filled by the commissioner of the department of information technology in the same manner as prescribed for the commissioner.


Source. 1995, 310:1. 2001, 158:109, II. 2008, 335:4, eff. Sept. 5, 2008. 2017, 156:191, 194, eff. July 1, 2017. 2018, 335:3, eff. June 25, 2018. 2019, 185:2, eff. July 10, 2019.

    126-A:90 Controlled Drug Prescription Health and Safety Program Established. 

I. The department shall design, establish, and contract with a third party for the implementation and operation of an electronic system to facilitate the confidential sharing of information relating to the prescribing and dispensing of schedule II-IV controlled substances, by prescribers and dispensers within the state.

I-a. The department may enter into agreements or contracts to facilitate the confidential sharing of information relating to the prescribing and dispensing of schedule II-IV controlled substances, by practitioners within the state and to establish secure connections between the program and a practitioner's electronic health record keeping system. An electronic health record keeping system may allow for the query and retrieval of the provider specified, individual's program information for display and retention in the patient's medical information; provided that nothing in this section shall allow the electronic health record keeping system owner or license holder to perform data queries unrelated to individuals under the practitioner's care. The electronic health record keeping system owner or license holder shall be responsible for ensuring that only authorized individuals have access to program information. The program shall record and retain in its database what information was transferred and the identity of the organization who received the information. The program shall include this information when a patient requests a report pursuant to RSA 126-A:93, I(b)(1).

II. The department may establish fees for the establishment, administration, operations and maintenance of the program. The program may also be supported through grants and gifts. The fee charged to individuals requesting their own prescription information shall not exceed the actual cost of providing that information.

III. Prescription information held by the program relating to any individual shall be deleted 3 years after the initial prescription was dispensed. All de-identified data may be kept for statistical and analytical purposes in perpetuity.

IV. The commissioner shall establish an advisory council, as provided in RSA 126-A:96.


Source. 2021, 91:45, eff. July 1, 2021; 148:7, eff. July 1, 2021.

    126-A:91 Controlled Drug Prescription Health and Safety Program Operation. 

I. The department shall develop a system of registration for all prescribers and dispensers of schedule II-IV controlled substances within the state. The system of registration shall be established by rules adopted by the department, pursuant to RSA 541-A.

II. All prescribers and dispensers authorized to prescribe or dispense schedule II-IV controlled substances within the state shall be required to register with the program as follows:

(a) Practitioners who prescribe but do not dispense schedule II-IV controlled substances shall register with the program as a prescriber;

(b) Practitioners who dispense but do not prescribe schedule II-IV controlled substances shall register with the program as a dispenser unless exempted pursuant to RSA 126-A:89, VI; and

(c) Practitioners who prescribe and dispense schedule II-IV controlled substances shall register with the program as both a prescriber and a dispenser unless exempted pursuant to RSA 126-A:89, VI.

III. Only registered prescribers, dispensers, or their designees, and federal health prescribers and dispensers working in federal facilities located in New Hampshire, Massachusetts, Maine, and Vermont shall be eligible to access the program.

IV. The chief medical examiner and delegates may register and access the program.

V. Each dispenser shall submit to the program the information regarding each dispensing of a schedule II-IV controlled substance. Any dispenser located outside the boundaries of the state of New Hampshire and who is licensed and registered by the pharmacy board, established in RSA 318:2, shall submit information regarding each prescription dispensed to a patient who resides within New Hampshire.

VI. Each dispenser required to report under paragraph V of this section shall submit to the program by electronic means information for each dispensing that shall include, but not be limited to:

(a) Dispenser's Drug Enforcement Administration (DEA) registration number.

(b) Prescriber's DEA registration number.

(c) Date of dispensing.

(d) Prescription number.

(e) Number of refills granted.

(f) National Drug Code (NDC) of drug dispensed.

(g) Quantity dispensed.

(h) Number of days supply of drug.

(i) Patient's name.

(j) Patient's address.

(k) Patient's date of birth.

(l) Patient's telephone number, if available.

(m) Date prescription was written by prescriber.

(n) Whether the prescription is new or a refill.

(o) Source of payment for prescription.

(p) The format of the prescription: electronic, faxed, written, oral, or other.

VII. (a) Except as provided in subparagraphs (b) and (c), each dispenser shall submit the required information in accordance with transmission methods daily by the close of business on the next business day from the date the prescription was dispensed.

(b) Veterinarians shall submit the information required under subparagraph (a) no more than 7 days from the date the prescription was dispensed.

(c) Dispensers who have a federal Drug Enforcement Administration license, but who do not dispense controlled substances may request a waiver from the requirements of subparagraph (a) from the department.

VIII. The program administrator may issue a waiver to a dispenser that is unable to submit prescription information by electronic means. Such waiver may permit the dispenser to submit prescription information by paper form or other means, provided all information required by paragraph VI is submitted in this alternative format and within the established time limit.

IX. The program administrator may grant a reasonable extension to a dispenser that is unable, for good cause, to submit all the information required by paragraph V within the established time limits.

X. Any dispenser who in good faith reports to the program as required by paragraphs V and VI shall be immune from any civil or criminal liability as the result of such good faith reporting.


Source. 2021, 91:45, eff. July 1, 2021. 2022, 215:2, eff. June 17, 2022.

    126-A:92 Confidentiality. 

I. Information contained in the program, information obtained from it, and information contained in the records of requests for information from the program, is confidential, is not a public record or otherwise subject to disclosure under RSA 91-A, and is not subject to discovery, subpoena, or other means of legal compulsion for release and shall not be shared with an agency or institution, except as provided in this subdivision. This paragraph shall not prevent a practitioner from using or disclosing program information about a patient to others who are authorized by state or federal law or regulations to receive program information.

II. The department shall establish and maintain procedures to ensure the privacy and confidentiality of patients and patient information.

II-a. A practitioner who intends to request and use information from the program about a patient shall post a sign that can be easily viewed by the public that discloses to the public that the practitioner may access and use information contained in the program. In lieu of posting a sign, the practitioner may provide such notice in written material provided to the patient.

III. The department may use and release information and reports from the program for program analysis and evaluation, statistical analysis, public research, public policy, and educational purposes, provided that the data are aggregated or otherwise de-identified at all levels of use. The department shall not acquire, use or release information from the program for these purposes unless all patient-specific protected health information has been de-identified in accordance with section 164.514(b)(2) of the HIPAA Privacy Rule.


Source. 2021, 91:45, eff. July 1, 2021; 148:8, eff. July 1, 2021.

    126-A:93 Providing Controlled Drug Prescription Health and Safety Information. 

I. The program administrator may provide information in the prescription health and safety program upon request only to the following persons:

(a) By electronic or written request to prescribers, dispensers, and the chief medical examiner and delegates within the state who are registered with the program:

(1) For the purpose of providing medical or pharmaceutical care to a specific patient with whom the requester has a practitioner-patient relationship. This shall not include department staff seeking to access the program for state, federal or private agency purposes, or on behalf of the department or other requesting agency;

(2) For reviewing information regarding prescriptions issued or dispensed or for conducting medication reconciliation by the requester;

(3) For the purpose of investigating the death of an individual; or

(4) For the purpose of administering RSA 318:29-a, VI, RSA 326-B:36-a, RSA 329:13-b, and other participating health professional boards.

(b) By written request, to:

(1) A patient who requests his or her own prescription monitoring information.

(2) The board of dentistry, the board of medicine, the board of nursing, the board of registration in optometry, the board of podiatry, the board of veterinary medicine, and the pharmacy board; provided, however, that the request is pursuant to the boards' official duties and responsibilities and the disclosures to each board relate only to its licensees and only with respect to those licensees whose prescribing or dispensing activities indicate possible fraudulent conduct.

(3) Authorized law enforcement officials on a case-by-case basis for the purpose of investigation and prosecution of a criminal offense when presented with a court order based on probable cause. No law enforcement agency or official shall have direct access to query program information.

(4) [Repealed.]

(c) By electronic or written request on a case-by-case basis to:

(1) A controlled prescription drug health and safety program from another state; provided, that there is an agreement in place with the other state to ensure that the information is used or disseminated pursuant to the requirements of this state.

(2) An entity that operates a secure interstate prescription drug data exchange system for the purpose of interoperability and the mutual secure exchange of information among prescription drug monitoring programs, provided that there is an agreement in place with the entity to ensure that the information is used or disseminated pursuant to the requirements of this state.

II. The program administrator shall notify the appropriate regulatory board listed in subparagraph I(b)(2) and the prescriber or dispenser at such regular intervals as may be established by the department if there is reasonable cause to believe a violation of law or breach of professional standards may have occurred. The program administrator shall provide prescription information required or necessary for an investigation.

III. The program administrator shall review the information to identify information that appears to indicate whether a person may be obtaining prescriptions in a manner that may represent misuse or abuse of schedule II-IV controlled substances. When such information is identified, the program administrator shall notify the practitioner who prescribed the prescription.

IV. The program administrator shall make a report, at least annually, commencing on November 1, 2021, to the senate president, the speaker of the house of representatives, the oversight committee on health and human services, established in RSA 126-A:13, the advisory council established in RSA 126-A:96 and the licensing boards of all professions required to use the program relative to the effectiveness of the program.


Source. 2021, 91:45, eff. July 1, 2021; 148:9, 10, eff. July 1, 2021.

    126-A:94 Unlawful Act and Penalties. 

I. Any dispenser or prescriber who fails to submit the information required in RSA 126-A:91 or knowingly submits incorrect information shall be subject to a warning letter and provided with an opportunity to correct the failure. Any dispenser or prescriber who subsequently fails to correct or fails to resubmit the information may be subject to discipline by the appropriate regulatory board.

II. Any dispenser or prescriber whose failure to report the dispensing of a schedule II-IV controlled substance that conceals a pattern of diversion of controlled substances into illegal use shall be guilty of a violation and subject to the penalties established under RSA 318-B:26 and the department's and appropriate regulatory board's rules as applicable. In addition, such dispenser or prescriber may be subject to appropriate criminal charges if the failure to report is determined to have been done knowingly to conceal criminal activity.

III. Any person who engages in prescribing or dispensing of controlled substances in schedule II-IV without having registered with the program may be subject to discipline by the appropriate regulatory board.

IV. Any person, including department staff, authorized to receive program information who knowingly discloses such information in violation of this subdivision shall be subject to discipline by the appropriate regulatory board and to all other relevant penalties under state and federal law.

V. Any person authorized to receive program information who uses such information for a purpose in violation of this subdivision shall be subject to disciplinary action by the appropriate regulatory board and to all other relevant penalties under state and federal law.

VI. Unauthorized use or disclosure of program information shall be grounds for disciplinary action by the relevant regulatory board.

VII. Any person who knowingly accesses, alters, destroys, or discloses program information except as authorized in this subdivision or attempts to obtain such information by fraud, deceit, misrepresentation, or subterfuge shall be guilty of a class B felony.


Source. 2021, 91:45, eff. July 1, 2021.

    126-A:95 Rulemaking. 

The department shall adopt rules, pursuant to RSA 541-A, necessary to implement and maintain the program including:

I. The criteria for registration by dispensers and prescribers.

II. The criteria for a waiver pursuant to RSA 126-A:91, VIII for dispensers with limited electronic access to the program.

III. The criteria for reviewing the prescribing and dispensing information collected by the program.

IV. The criteria for reporting matters to the applicable health care regulatory board for further investigation.

V. The criteria for notifying practitioners of individuals that are engaged in obtaining controlled substances from multiple practitioners or dispensers.

VI. Content and format of all forms required under this subdivision.


Source. 2021, 91:45, eff. July 1, 2021.

    126-A:96 Advisory Council Established. 

I. There is hereby established an advisory council to carry out the duties under this subdivision. Members of the council shall not be compensated for serving on the council, or serve on the council for more than one 5-year term except for the attorney general, or designee, or the commissioner of the department of health and human services, or designee. The members of the council shall be as follows:

(a) A member of the board of medicine, appointed by such board.

(b) A member of the pharmacy board, appointed by such board.

(c) A member of the board of dental examiners, appointed by such board.

(d) A member of the New Hampshire board of nursing, appointed by such board.

(e) A member of the board of veterinary medicine, appointed by such board.

(f) A physician appointed by the New Hampshire Medical Society.

(g) A dentist appointed by the New Hampshire Dental Society.

(h) A chief of police appointed by the New Hampshire Association of Chiefs of Police.

(i) A community pharmacist appointed jointly by the New Hampshire Pharmacists Association, the New Hampshire Independent Pharmacy Association, and the New Hampshire Association of Chain Drug Stores.

(j) Two public members appointed by the governor's commission on alcohol and drug abuse prevention, treatment, and recovery, one of whom may be a member of the commission.

(k) A hospital administrator appointed by the New Hampshire Hospital Association.

(l) A nurse practitioner appointed by the New Hampshire Nurse Practitioner Association.

(m) A veterinarian appointed by the New Hampshire Veterinary Medical Association.

(n) The attorney general, or designee.

(o) The commissioner of the department of health and human services, or designee.

(p) A member of the senate, appointed by the president of the senate.

(q) Two members of the house of representatives, appointed by the speaker of the house of representatives.

II. The council shall:

(a) Make recommendations to the department relating to the design, implementation, and maintenance of the program, including recommendations relating to:

(1) Rules.

(2) Legislation.

(3) Sources of funding, including grant funds and other sources of federal, private, or state funds;

(b) Review the program's annual report and make recommendations to the department regarding the operation of the program.

(c) Provide ongoing advice and consultation on the implementation and operation of the program, including recommendations relating to:

(1) Changes in the program to reflect advances in technology and best practices.

(2) Changes to statutory requirements.

(3) The design and implementation of an ongoing evaluation component of the program.

(d) Advise the commissioner regarding the implementation of this subdivision.

(e) Adopt rules necessary for the operation of the council.

(f) Develop a mission statement for the program and strategic goals for its implementation, develop metrics in conjunction with the legislative budget assistant to measure the program's efficient operation, review the performance of the program against the metrics, and make recommendations to the program and ensure they are incorporated.

III. The council shall meet at least quarterly to effectuate its goals. A chairperson shall be elected by the members. A majority of the members of the council constitutes a quorum for the transaction of business. Action by the council shall require the approval of a majority of the members of the council.

IV. Members of the advisory council, previously established in RSA 318-B:38, shall be appointed as members of the advisory council established under this section to the extent possible.


Source. 2021, 91:45, eff. July 1, 2021.

    126-A:97 Competency Requirements. 

Except for veterinarians who shall complete continuing education requirements in accordance with RSA 332-B:7-a, XV, all prescribers required to register with the program who possess a United States Drug Enforcement Administration (DEA) license number shall complete 3 contact hours of free appropriate prescriber's regulatory board-approved online continuing education or pass an online examination, in the area of pain management and addiction disorder or a combination, as a condition for initial licensure and license renewal. Verification of successful completion of the examination or of the required continuing education shall be submitted to the prescriber's regulatory board with the licensee's application for initial licensure or renewal. A list of the prescriber's regulatory boards' approved continuing education courses and online examinations in pain management and addiction disorder, shall be available on the department of health and human service's Internet website.


Source. 2021, 91:45, eff. July 1, 2021.

    126-A:98 State Policy for Companion Animals. 

During a declared state of emergency as defined in RSA 4:45, III(c) containing an evacuation order, any hotel or community shelter that shelters evacuated persons shall allow disaster animal response trailers, or other reasonable accommodations, on site to accommodate any companion animal belonging to such evacuated persons. The maximum number of animals per sheltered family shall comply with local ordinances. For the purpose of this section, "
companion animal
" means a cat, dog, or other legally-owned animal kept in an enclosure that might typically be found in a home. During such emergency, any volunteer who has been vetted by the department of health and human services and is a member of the disaster animal response team and is assisting evacuated persons and companion animals shall be considered an emergency worker under RSA 21-P:41, VI(c).


Source. 2022, 300:1, eff. Aug. 30, 2022.

[RSA 126-AA:1 repealed by 2018, 342:24, III, effective December 31, 2023.]
    126-AA:1 Definitions. 

In this chapter:

I. "
Commissioner
" means the commissioner of the department of health and human services.

II. "
Department
" means the department of health and human services.

III. "
Fund
" means the New Hampshire granite advantage health care trust fund.

IV. "
Program
" means the New Hampshire granite advantage health care program.

V. "
Remainder amount
" means, for the 6-month period between January 1, 2019 and June 30, 2019 and for each single identified fiscal year thereafter for any authorized period of the granite advantage health care program, the cost of the program, including administrative costs attributable to the program, minus the following:

(a) The amount of revenue transferred from the alcohol abuse prevention and treatment fund pursuant to RSA 176-A:1, IV;

(b) All federal reimbursement for the program that period or fiscal year, including federal reimbursement for administrative costs related to the program;

(c) Any surplus funds generated as a result of the managed care organizations managing the cost of their services below the minimum medical loss ratio established by the commissioner for the managed care program beginning on July 1, 2019 and thereafter; and

(d) Taxes attributable to premiums written for medical and other medical related services for the newly eligible Medicaid population as provided for under this chapter, consistent with RSA 400-A:32, III(b).


Source. 2018, 342:1, eff. June 28, 2018.

[RSA 126-AA:2 repealed by 2018, 342:24, III, effective December 31, 2023.]
    126-AA:2 New Hampshire Granite Advantage Health Care Program Established. 

I. (a) The commissioner shall apply for any necessary waivers and state plan amendments to implement a 5-year demonstration program beginning on January 1, 2019 to create the New Hampshire granite advantage health care program which shall be funded exclusively from non-general fund sources, including federal funds. The commissioner shall include in an application for the necessary waivers submitted to the Centers for Medicare and Medicaid Services (CMS) a waiver of the requirement to provide 90-day retroactive coverage and a state plan amendment allowing state and county correctional facilities to conduct presumptive eligibility determinations for incarcerated inmates to the extent provided under federal law. To receive coverage under the program, those individuals in the new adult group who are eligible for benefits shall choose coverage offered by one of the managed care organizations (MCOs) awarded contracts as vendors under Medicaid managed care, pursuant to RSA 126-A:5, XIX(a). The program shall make coverage available in a cost-effective manner and shall provide cost transparency measures, and ensure that patients are utilizing the most appropriate level of care. Cost effectiveness shall be achieved by offering cash incentives and other forms of incentives to the insured by choosing preferred lower cost medical providers. Loss of incentives shall also be employed. MCOs shall employ reference-based pricing, cost transparency, and the use of incentives and loss of incentives to the Medicaid and newly eligible population. For the purposes of this subparagraph, "
reference-based pricing
" means setting a maximum amount payable for certain medical procedures.

(b) The department shall ensure through managed care contracts that MCOs incorporate measures to promote continuity of coverage, including, but not limited to, assisting over income participants in applying for coverage on the federal marketplace in New Hampshire and maintaining care and case management during the pendency of such application.

(c) The MCOs shall promote personal responsibility through the use of incentives, loss of incentives, and case management to the greatest extent practicable.

(d) Prior to submitting the waiver or state plan amendment to CMS, the commissioner shall present the waiver or state plan amendment to the governor and the fiscal committee of the general court for approval. The program shall not commence operation until such waivers or state plan amendments have been approved by CMS. All necessary waivers and state plan amendments shall be submitted by June 30, 2018. If all waivers necessary for the program are not approved by December 1, 2018, the commissioner shall immediately notify all program participants that the program will be terminated in accordance with the federally required Special Terms and Conditions No. 11-W-003298/1.

(e) In order to combat the opioid and heroin crisis facing New Hampshire, the department shall establish behavioral health rates sufficient to ensure access to, and provider capacity for, all behavioral health services including, as appropriate, establishing specific substance use disorder services rate cells for inclusion into capitated rates for managed care.

(f) Any person transitioning from the premium assistance program to the program shall not lose coverage due solely to the transition, which shall be for a period of at least 90 days. All MCOs shall honor all preexisting authorizations for care plans and treatments for all program participants for a period of not less than 90 days after enrollment.

(g)(1) The commissioner shall include in MCO contracts with the state clinically and actuarially sound incentives designed to improve care quality and utilization and to lower the total cost of care within the Medicaid managed care program. The commissioner shall also include in the MCO contract provisions an obligation for the MCO to include provider alignment incentives to leverage the combined efforts of the parties to achieve the purposes of the incentives. Preferential auto-assignment of newly eligible members, shared incentive pools, and differential capitation rates are among the options for incentives the commissioner may employ to achieve improved performance. Initial areas to improve care quality and utilization and to lower the total cost of care may include, but are not limited to:

(A) Appropriate use of emergency departments relative to low acuity non-emergent visits.

(B) Reduction in preventable admissions and 30-day hospital readmission for all causes.

(C) Timeliness of prenatal care and reductions in neonatal abstinence births.

(D) Timeliness of follow-up after a mental illness or substance use disorder admission.

(E) Reduction of polypharmacy resulting in drug interaction harm.

(2) The commissioner shall include in MCO contracts actuarially appropriate rebate provisions for failure to implement contractually agreed upon incentive measures.

(3) The commissioner shall establish for the managed care program beginning on July 1, 2019 and thereafter a minimum medical loss ratio that is actuarially sound and that encourages cost efficiency in the delivery of care to the entire Medicaid population. Any surplus funds generated from the MCOs managing the cost of their services below the established minimum medical loss ratio for the beneficiaries of the program shall be transferred to the fund and shall be included in the calculation of the remainder amount.

(h) Savings generated as a result of individuals disenrolled from the program for failing to meet the work and community engagement requirement shall not be included in any calculation submitted to CMS to establish federal budget neutrality of any waiver issued for the program.

(i) Consistent with the state plan amendment submitted by the department and approved by CMS, all contracts between a Medicaid managed care organization and a federally qualified health care center, as defined in section 1905(1)(2)(B) of the Social Security Act, 42 U.S.C. section 1396d(1)(2)(B), providing services in geographic areas served by the plan, shall reimburse each such center for such services as provided in 42 U.S.C. section 18022(g).

II. (a) To receive benefits under this section and to the extent allowed by federal law, the individual shall:

(1) Provide all necessary information regarding financial eligibility, assets, residency, citizenship or immigration status, and insurance coverage to the department in accordance with rules, or interim rules, including those adopted under RSA 541-A;

(2) Inform the department of any changes in financial eligibility, residency, citizenship or immigration status, and insurance coverage within 10 days of such change; and

(3) At the time of enrollment acknowledge that the program is subject to cancellation upon notice.


[Paragraph II(b) effective on the date of certification that 42 U.S.C. section 1396a(e)(14)(c) has been repealed or amended to permit the application of an asset test.]



(b) If allowed by federal law, all resources which the individual and his or her family own shall be considered to determine eligibility under this paragraph, including cash, bank accounts, stocks, bonds, permanently unoccupied real estate, and trusts. The home in which the individual resides, furniture, and one vehicle owned by the individual applying for benefits shall be or excluding the individual's household resources, the total countable resources equal or fall below excluding the individual's household's resources, the total countable resources equal or fall below $25,000, he or she shall be considered asset eligible.

III. (a) Newly eligible adults who are unemployed shall be eligible to receive benefits under this paragraph if the commissioner finds that the individual is engaging in at least 100 hours per month based on an average of 25 hours per week in one or more work or other community engagement activities, including self-employment, as follows:

(1) Unsubsidized employment including by nonprofit organizations.

(2) Subsidized private sector employment.

(3) Subsidized public sector employment.

(4) On-the-job training.

(5) Job skills training related to employment, including credit hours earned from an accredited college or university in New Hampshire. Academic credit hours shall be credited against this requirement on an hourly basis.

(6) Job search and job readiness assistance, including, but not limited to, persons receiving unemployment benefits and other job training related services, such as job training workshops and time spent with employment counselors, offered by the department of employment security. Job search and job readiness assistance under this section shall be credited against this requirement on an hourly basis.

(7) Vocational educational training not to exceed 12 months with respect to any individual.

(8) Education directly related to employment, in the case of a recipient who has not received a high school diploma or a certificate of high school equivalency.

(9) Satisfactory attendance at secondary school or in a course of study leading to a certificate of general equivalence, in the case of a recipient who has not completed secondary school or received such a certificate.

(10) Community service or public service.

(11) [Repealed.]

(12) Participation in substance use disorder treatment or recovery activities and/or mental health treatment.

(b) If an individual in a family receiving benefits under this paragraph fails to comply with the work or community engagement activities required in accordance with this paragraph, the assistance shall be suspended. The commissioner shall adopt rules under RSA 541-A to determine good cause and other exceptions to termination. Any rules proposed under this subparagraph shall be submitted to the fiscal committee of the general court, which shall review the rules prior to submission to the joint legislative committee on administrative rules and make recommendations to the commissioner regarding the rules. An individual may apply for good cause exemptions which shall include, at a minimum, the following verified circumstances:

(1) The beneficiary experiences the birth or death of a family member living with the beneficiary.

(2) The beneficiary experiences severe inclement weather, including a natural disaster, and therefore was unable to meet the requirement.

(3) The beneficiary has a family emergency or other life-changing event such as divorce.

(4) The beneficiary is a victim of domestic violence, dating violence, sexual assault, or stalking consistent with definitions and documentation required under the Violence Against Women Reauthorization Act of 2013 under 24 C.F.R. section 5.2005 and 24 C.F.R. section 5.2009, as determined by the commissioner pursuant to rulemaking under RSA 541-A.

(c) This paragraph shall only apply to those considered able-bodied adults as described in section 1902(a)(10)(A)(i)(VIII) of the Social Security Act of 1935, as amended, 42 U.S.C. section 1396a(a)(10)(A)(i).

(d) This paragraph shall not apply to:

(1) A person who is unable to participate in the requirements under subparagraph (a) due to illness, incapacity, or treatment, including inpatient treatment, as certified by a licensed physician, an advanced practice registered nurse (APRN), a licensed behavioral health professional, a licensed physician assistant, a licensed alcohol and drug counselor (LADC), or a board-certified psychologist. The physician, APRN, licensed behavioral health professional, licensed physician assistant, LADC, or psychologist shall certify, on a form provided by the department, the duration and limitations of the disability.

(2) A person participating in a state certified drug court program, as certified by the administrative office of the superior court.

(3) A parent or caretaker where the required care of an individual who may or may not reside in the household is considered necessary by a licensed physician, APRN, board-certified psychologist, physician assistant, or licensed behavioral health professional who shall certify the duration that such care is required.

(4) A custodial parent or caretaker of a dependent child through 12 years of age or a child with developmental disabilities who is residing with the parent or caretaker; provided that the exemption shall only apply to one parent or caretaker in the case of a 2-parent household where responsibility for the child the exemption is based on is shared by the 2 parents or caretakers.

(5) Pregnant women.

(6) A beneficiary who has a disability as defined by the Americans with Disabilities Act (ADA)
, section 504
 of the Rehabilitation Act, or section 1557 
 of the Patient Protection and Affordable Care Act with or without an accommodation; or who has an immediate family member in the home with a disability under federal disability rights laws and who is unable to meet the requirement for reasons related to the disability of that family member, or the beneficiary or an immediate family member who is living in the home or the beneficiary experiences a hospitalization or serious illness.

(7) Beneficiaries who are identified as medically frail, under 42 C.F.R. section 440.315(f), and as defined in the alternative benefit plan and in the state plan and who are certified by a licensed physician or other medical professional to be unable to comply with the work and community engagement requirement as a result of their condition as medically frail. The department shall require proof of such limitation annually, including the duration of such disability, on a form approved by the department.

(8) Any beneficiary who is in compliance with the requirement of the Supplemental Nutritional Assistance Program (SNAP) and/or Temporary Assistance to Needy Families (TANF) employment initiatives.

(9) Any beneficiary who is homeless as defined by the McKinney-Vento Homeless Assistance Act of 1987, 42 U.S.C. section 11301 et seq.

(e) The commissioner shall adopt rules under RSA 541-A pertaining to the community engagement requirement. Any rules proposed under this subparagraph shall be submitted to the fiscal committee of the general court, which shall review the rules prior to submission to the joint legislative committee on administrative rules and make recommendations to the commissioner regarding the rules. The rules shall be consistent with the terms and conditions of any waiver issued by the Centers for Medicare and Medicaid Services for the program, provided that any waiver issued by the Centers for Medicare and Medicaid Services is not unreasonably inconsistent with any provision of this chapter, and shall address, at a minimum, the following:

(1) Enrollment, suspension, and disenrollment procedures in the program.

(2) Verification of compliance with community engagement activities.

(3) Verification of exemptions from participation.

(4) Opportunity to cure and re-activation following noncompliance, including not being barred from re-enrollment.

(5) Good cause exemptions.

(6) Education and training of enrollees.

(7) Annual certification of medical frailty pursuant to 42 C.F.R. section 440.315(f), including proof and duration of such condition on a form supplied by the department.

IV. The commissioner shall implement the work and community engagement requirement under paragraph III beginning January 1, 2019 in accordance with the terms and conditions of any waiver approved by CMS. The waiver request submitted by the commissioner shall be consistent with all the terms of this chapter. In the event that the final approved waiver is inconsistent with any of the terms of this chapter, the commissioner shall provide written notification to the governor, the speaker of the house of representatives, and the president of the senate, informing them of the differences between the terms of this chapter and the approved waiver. Verification of qualifying activities, exemptions, and enrollee status shall be accomplished in the following manner:

(a) MCOs under contract with the department shall share enrollee reported information regarding the work and community engagement requirement status obtained through standard contract activities including enrollment, outreach activities, and enrollee care management. The MCOs shall work collaboratively with the department and any outside contractor in encouraging and monitoring work and community engagement activities.

(b) For the period of January 1, 2019 through June 30, 2020 only, the department shall verify enrollee status to the greatest extent practicable through the verification of enrollee and MCO reported status and information, including information from the eligibility file. Enrollees shall be required to report information regarding their qualifying activities, exemptions, enrollee status, and changes in their status to the department in accordance with the department's rules.

(c) No later than January 1, 2019, the commissioner shall submit to the governor, the president of the senate, and the speaker of the house of representatives a plan for the implementation of a fully automated verification system that utilizes state and commercial data sources to assess compliance with all work and community engagement activities beginning on July 1, 2020. The plan shall provide an option to hire a third party vendor to manage the automated verification system.

V. A person shall not be eligible to enroll or participate in the program, unless such person verifies his or her United States citizenship by 2 forms of identification and proof of New Hampshire residency by either a New Hampshire driver's license or a nondriver's picture identification card issued pursuant to RSA 260:21.

VI. No person, organization, department, or agency shall submit the name of any person to the National Instant Criminal Background Check System (NICS) on the basis that the person has been adjudicated a "mental defective" or has been committed to a mental institution, except pursuant to a court order issued following a hearing in which the person participated and was represented by an attorney.

VII. For any person determined to be eligible and who is enrolled in the program, the MCO shall support the individual to arrange a wellness visit with his or her primary care provider, either previously identified or selected by the individual from a list of available primary care providers. The wellness visit shall include appropriate assessments of both physical and mental health, including screening for depression, mood, suicidality, and unhealthy substance use, for the purpose of developing a health wellness and care plan.

VIII. Any person receiving benefits from the program shall be responsible for providing information regarding his or her change in status or eligibility, including current contact information. The commissioner shall adopt rules, under RSA 541-A, pertaining to the opportunity to cure and for re-activation following noncompliance. Any rules proposed under this subparagraph shall be submitted to the fiscal committee of the general court, which shall review the rules prior to submission to the joint legislative committee on administrative rules and make recommendations to the commissioner regarding the rules.

IX. The commissioner shall, as expeditiously as possible, submit to the Centers for Medicare and Medicaid Services an amendment to the waiver for approval of a revised waiver of retroactive eligibility permitting coverage for the 45-day period immediately preceding the determination of eligibility for all persons insured in the program.

X. The commissioner shall waive the application of the work and community engagement requirement in subparagraph III(a) or the suspension from coverage for noncompliance for any period of time up to but not after July 1, 2021 upon a finding of one or more of the following circumstances that impact a substantial number of program members who are mandatory for the requirement:

(a) The inability to communicate verbally and in writing and directly counsel all members who are mandatory for the requirement and not already exempted or are in compliance in accordance with the rules of the work and community engagement requirement adopted under 541-A.

(b) The unavailability of qualifying activities in any region of the state that may result in a disproportionate impact upon program members located elsewhere.

(c) The impact of seasonal employment opportunities on the ability of members to achieve the minimum hours for qualifying activities.

(d) The inability to achieve the minimum hours of qualifying activities after taking into account all applicable exemptions despite good faith efforts to comply.

(e) The unavailability of transportation and other supports for members who are not eligible for assistance through granite workforce.

(f) Other unforeseen circumstances that impact the administration and verification of the program and that more likely than not would cause members to be suspended from the program.

XI. The commissioner shall notify the governor, the president of the senate and the speaker of the house of representatives in writing no later than 7 days after making a finding under paragraph X with a detailed explanation as to the basis of the findings, the steps the department can and is taking to address the circumstances that gave rise to the findings, and any recommendations regarding how the suspension of the requirement may be lifted and the compliance provisions of the program resumed. The commissioner may submit an amendment to the program waiver (CMS # 11-W-00298/1) to incorporate the authority to waive the suspension of coverage consistent with this provision, to the extent required by the Centers for Medicare and Medicaid Services.


Source. 2018, 342:1, eff. June 28, 2018. 2019, 159:1, 2, eff. July 8, 2019. 2022, 323:26-28, eff. Sept. 6, 2022.

[RSA 126-AA:3 repealed by 2018, 342:24, III, effective December 31, 2023.]
    126-AA:3 The New Hampshire Granite Advantage Health Care Trust Fund. 

I. There is hereby established the New Hampshire granite advantage health care trust fund which shall be accounted for distinctly and separately from all other funds and shall be non-interest bearing. The fund shall be administered by the commissioner and shall be used solely to provide coverage for the newly eligible Medicaid population as provided for under RSA 126-AA:2, to pay for the administrative costs for the program, and reimburse the federal government for any over payments of federal funds. All moneys in the fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of the fund. The fund shall be authorized to pay and/or reimburse the cost of medical services and cost-effective related services, including without limitation, capitation payments to MCOs. No state general funds shall be deposited into the fund. Deposits into the fund shall be limited exclusively to the following:

(a) Revenue transferred from the alcohol abuse prevention and treatment fund pursuant to RSA 176-A:1, IV;

(b) Federal Medicaid reimbursement for program costs and administrative costs attributable to the program;

(c) Surplus funds generated as a result of MCOs managing the cost of their services below the medical loss ratio established by the commissioner for the managed care program beginning on July 1, 2019;

(d) Taxes attributable to premiums written for medical and other medical related services for the newly eligible Medicaid population as provided for under this chapter, consistent with RSA 400-A:32, III(b);

(e) Funds received from the assessment under RSA 404-G;

(f) Revenue from the Medicaid enhancement tax to meet the requirements provided in RSA 167:64; and

(g) Funds recovered or returnable to the fund that were originally spent on the cost of coverage of the granite advantage health care program.

II. The commissioner, as the administrator of the fund, shall have the sole authority to:

(a) Apply for federal funds to support the program.

(b) Notwithstanding any provision of law to the contrary, accept and expend federal funds as may be available for the program and the commissioner shall notify the bureau of accounting services, by letter, with a copy to the fiscal committee of the general court and the legislative budget assistant.

(c) Make payments and reimbursements from the fund as outlined in this section.

III. The commissioner shall submit a report to the governor and the fiscal committee of the general court detailing the activities and operation of the trust fund annually within 90 days of the close of each state fiscal year.

IV. On or before August 15, 2018, the commissioner, in consultation with the insurance commissioner, shall estimate the remainder amounts for the period of January 1, 2019 to June 30, 2019 and for state fiscal year 2020. The commissioner shall report the estimated annual remainder amount to the insurance commissioner, the New Hampshire Health Plan, the governor, the speaker of the house of representatives, and the president of the senate. Thereafter, on or before August 15 of each fiscal year, the commissioner, in consultation with the insurance commissioner, shall estimate the remainder amounts for both the current and next fiscal year. The commissioner shall report the estimated remainder amount to the insurance commissioner, the New Hampshire Health Plan, the governor, the speaker of the house of representatives, and the president of the senate.

V. On or before August 15, 2020, the commissioner shall calculate the projected final remainder amount for the 6-month period between January 1, 2019 and June 30, 2019. On or before August 15 of each subsequent year, the commissioner shall calculate the projected final remainder amount for the prior fiscal year. If the amount deposited from the high risk pool exceeds the limit on contributions established by RSA 404-G:5-a, IV(d), then any excess difference shall be retained in the fund and the next estimated remainder amount calculated by the commissioner shall be reduced by the amount of the difference.

VI. The commissioner, in accordance with the most current available information, shall be responsible for determining, quarterly commencing no later than December 31, 2018, whether there is sufficient funding in the fund to cover projected program costs for the nonfederal share for the next 6-month period. If at any time the commissioner determines that a projected shortfall exists, then the sum necessary to cover such shortfall shall be transferred to the fund from the liquor commission fund established in RSA 176:16. In the event the commissioner determines that there are not sufficient funds in the liquor commission fund to cover the shortfall, then he or she shall terminate the program in accordance with the federally approved terms and conditions issued by CMS. Upon making a determination that a projected shortfall exists and that there are insufficient funds in the liquor commission fund to cover the shortfall, the commissioner shall:

(a) Within 48 hours of making the determination, notify the governor, the speaker of the house of representatives, the president of the senate, and the chairperson of the fiscal committee of the general court of the program's pending termination; and

(b) Within 10 business days of making the determination, notify program participants of the program's pending termination.


Source. 2018, 342:1, eff. June 28, 2018. 2019, 346:351, eff. July 1, 2019. 2020, 39:59, eff. Sept. 27, 2020. 2021, 91:29, eff. July 1, 2021; 122:33, eff. July 9, 2021.

[RSA 126-AA:4 repealed by 2018, 342:24, II, effective December 1, 2022.]
    126-AA:4 Commission to Evaluate the Effectiveness and Future of the New Hampshire Granite Advantage Health Care Program. 

I. There is hereby established a commission to evaluate the effectiveness and future of the New Hampshire granite advantage health care program.

(a) The members of the commission shall be as follows:

(1) Three members of the senate, appointed by the president of the senate, one of whom shall be a member of the minority party.

(2) Three members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the minority party.

(3) The commissioner of the department of health and human services, or designee.

(4) The commissioner of the department of insurance, or designee.

(5) A representative of each managed care organization awarded contracts as vendors under the Medicaid managed care program, appointed by the governor.

(6) A representative of a hospital that operates in New Hampshire, appointed by the New Hampshire Hospital Association.

(7) A public member, who has health care expertise, appointed by the senate president.

(8) A public member, who currently receives coverage through the program, appointed by the speaker of the house of representatives.

(9) A public member representing the interests of taxpayers in New Hampshire, appointed by the president of the senate.

(10) A representative of the medical care advisory committee, department of health and human services, appointed by the commissioner of the department of health and human services.

(11) A licensed physician, appointed by the New Hampshire Medical Society.

(12) A licensed mental health professional, appointed by the National Alliance on Mental Illness New Hampshire.

(13) A licensed substance use disorder professional, appointed by the New Hampshire Alcohol and Drug Abuse Counselors Association.

(14) An advanced practice registered nurse (APRN), appointed by the New Hampshire Nurse Practitioner Association.

(15) The chairperson of the governor's commission on alcohol and drug abuse prevention, treatment, and recovery, or designee.

(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

II. (a) The commission shall evaluate the effectiveness and future of the program. Specifically the commission shall:

(1) Review the program's financial metrics.

(2) Review the program's product offerings.

(3) Review the program's impact on insurance premiums for individuals and small businesses.

(4) Make recommendations for future program modifications, including, but not limited to whether the program is the most cost-effective model for the long term versus a return to private market managed care.

(5) Evaluate non-general fund funding options for longer term continuation of the program, including options to accept funding from the federal government allowing a self-administered program.

(6) Review up-to-date information regarding changes in the level of uncompensated care through shared information from the department, the department of revenue administration, the insurance department, and provider organizations and the program's impact on insurance premium tax revenues and Medicaid enhancement tax revenue.

(7) Review the granite workforce pilot program.

(8) Evaluate reimbursement rates to determine if they are sufficient to ensure access to and provider capacity for all behavioral health services.

(9) Review the number of people who are found ineligible or who are dropped from the rolls of the program because of the work requirement and determine whether the age of beneficiaries subject to the requirement should be changed. The commission shall issue any recommendation for change by December 1, 2019.

(10) Review the reasons beneficiaries are found ineligible or are dropped from the program and determine if the number of required hours should be changed. The commission shall issue any recommendation for change by December 1, 2019.

(11) Review the program's provider reimbursement rates and overall financing structure to ensure it is able to provide a stable provider network and sustainable funding mechanism that serves patients, communities, and the state of New Hampshire.

(b) Any funding solutions recommended by the commission shall not include the use of new general funds.

(c) The commission shall solicit information from any person or entity the commission deems relevant to its study.

(d) The commission shall make a recommendation on or by October 1, 2019 to the commissioner concerning recommended monitoring and evaluation requirements for work and community engagement requirements, including a draft of proposed metrics for quarterly and annual reporting, including suggested costs and benefits evaluations.

III. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Eight members of the commission shall constitute a quorum.

IV. The commission shall make an interim report on or before December 1, 2020 and a final report, together with its findings and any recommendations for proposed legislation, to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before December 1, 2022. Both reports shall contain the commission's recommendation regarding whether the program should continue.


Source. 2018, 342:1, eff. June 28, 2018. 2019, 159:3-5, eff. July 8, 2019.

[RSA 126-AA:5 repealed by 2018, 342:24, III, effective December 31, 2023.]
    126-AA:5 Evaluation Report Required. 

I. The program shall employ an outcome-based evaluation of its Medicaid program annually to:

(a) Provide accountability to patients and the overall program.

(b) Ensure that patients are making informed decisions in carrying out health care choices and utilizing the most appropriate level of care.

(c) Ensure that the use of incentives, the loss of incentives, cost transparency, and reference based pricing have been effective in lowering costs, while maintaining both quality and access and considering changes in health parameters.

II. The results of the evaluation conducted under this section shall be in the form of a report to be provided to CMS, the president of the senate, the speaker of the house of representatives, the governor, and the fiscal committee of the general court by December 31 of each year beginning in 2019.


Source. 2018, 342:1, eff. June 28, 2018.

    126-BB:1 Definitions. 

In this chapter:

I. "
Board
" means the New Hampshire prescription drug affordability board.

II. "
Brand-name drug
" means a prescription drug marketed under a proprietary name or registered trademark name, including a biological product.

III. "
Generic drug
" means a prescription drug, whether identified by its chemical, proprietary, or nonproprietary name, that is not a brand-name drug and is therapeutically equivalent to a brand-name drug in dosage, safety, strength, method of consumption, quality, performance, and intended use. "Generic drug" includes a biosimilar product.

IV. "
Manufacturer
" means a manufacturer of prescription drugs that are distributed in the state. A manufacturer excludes a packager, repackager, labeler, and relabeler unless the packager, repackager, labeler, or relabeler sets the price or controls the price of a prescription drug.

V. "
Pricing unit
" means the smallest available package that can be used to dispense the smallest amount of a prescription drug.

VI. "
Public payor
" means any division of state, county, or municipal government that administers a health plan for its employees or an association of state, county, or municipal employers that administers a health plan for its employees.

VII. "
Wholesale acquisition cost
" means a manufacturer's listed price for sale to a wholesale drug distributor or other entity that purchases a prescription drug directly from the manufacturer, not including any price concessions.


Source. 2020, 13:5, eff. July 1, 2020. 2022, 244:1, eff. July 1, 2022.

    126-BB:10 Civil Penalties. 

When a person or entity that is a health care facility payor, prescription drug manufacturer, wholesale drug distributor, or pharmacy benefits manager violates any requirement of this chapter, that person or entity commits a civil violation for which a fine of not more than $1,000 per day may be imposed. A fine imposed under this paragraph may not exceed $25,000 for any one occurrence.


Source. 2020, 13:5, eff. July 1, 2020.

    126-BB:2 New Hampshire Prescription Drug Affordability Board Established. 

There is established the New Hampshire prescription drug affordability board to carry out the purposes of this chapter.

I. The board shall consist of 5 members with expertise in health care economics or clinical medicine, who shall not be, or be directly related to, anyone affiliated with, employed by, or representing the interests of a public payor, pharmaceutical or pharmacy company, pharmacy benefits management company, or health insurance provider and who have completed a conflict of interest statement. A member may be a legislator but is not required to be a legislator. They shall be appointed as follows:

(a) Two members by the president of the senate. The president of the senate shall also appoint 2 alternate board members who will participate in deliberations of the board in the event a member appointed by the president of the senate elects to be recused as provided in RSA 126-BB:3 or is absent.

(b) Two members by the speaker of the house of representatives. The speaker of the house of representatives shall also appoint 2 alternate board members who will participate in deliberations of the board in the event a member appointed by the speaker of the house of representatives elects to be recused as provided in RSA 126-BB:3 or is absent.

(c) One member by the governor. The governor shall also appoint 2 alternate board members who shall participate in deliberations of the board in the event the member appointed by the governor elects to be recused as provided in RSA 126-BB:3 or is absent.

II. Members shall be appointed to 5-year terms. Of the initial appointees, the member appointed by the governor shall serve an initial term of 5 years, one member appointed by the president of the senate and one member appointed by the speaker of the house of representatives shall serve an initial term of 4 years and one member appointed by the president of the senate and one member appointed by the speaker of the house of representatives shall serve an initial term of 3 years.

III. A majority of board members shall constitute a quorum.

IV. The chair of the board shall be elected by an affirmative vote of at least 4 of the 5 members of the board.

V. Beginning no later than March 1, 2021, the board shall meet in public session at least every 12 weeks to review prescription drug information and to make recommendations pursuant to RSA 126-BB:5. The first meeting shall be called by the first-named appointee of the senate president.

(a) Each public meeting shall be announced 2 weeks in advance, and materials for the meeting shall be made public at least one week in advance.

(b) Each public meeting shall provide opportunity for comment from the public in attendance at the meeting, and the board shall provide the opportunity for the public to submit written comments on pending decisions.

(c) The board may allow expert testimony at public meetings and any meeting conducted in executive session as permitted by subparagraph (d).

(d) Notwithstanding requirements of RSA 91-A, the board may meet in executive session, except that any decision of the board shall be made in public.

VI. The board shall be administratively attached to the department of health and human services. The board may employ staff, including but not limited to, an executive director who shall be an unclassified employee. The executive director shall be appointed by and serve at the pleasure of the board.


Source. 2020, 13:5, eff. July 1, 2020. 2022, 244:2, 3, eff. July 1, 2022.

    126-BB:3 Conflicts of Interest. 

The following provisions govern any conflict of interest for a member of the board, a member of the advisory council established in RSA 126-BB:4 or any staff member or contractor of the board.

I. When appointing a member of the board or the advisory council, the appointing authority shall consider any conflict of interest disclosed by the prospective member. A member shall elect to be recused from any board activity in the case in which the member or an immediate family member of the member has a conflict of interest. For the purposes of this paragraph, "
conflict of interest
" means an association, including a financial or personal association, that has the potential to bias or have the appearance of biasing an individual's decisions in matters related to the board or the conduct of the board's activities.

II. A board member or staff or contractor of the board with a conflict of interest shall elect to be recused. For purposes of this paragraph, "
conflict of interest
" means any instance in which a member of the board or an immediate family member of the member has received or could receive either of the following:

(a) A direct financial benefit of any amount deriving from the results or findings of a study or determination by or for the board; or

(b) A financial benefit from individuals or companies that own or manufacture prescription drugs, services, or items to be studied by the board that in the aggregate exceeds $5,000 per year. For purposes of this subparagraph, "
financial benefit
" includes honoraria, fees, stock, or other financial benefit and the current value of the member's or immediate family member's already existing stock holdings, in addition to any direct financial benefit deriving from the results or findings conducted under this section.

(c) A conflict of interest shall be disclosed in the following manner:

(1) By the board in the employment of board senior staff.

(2) By the governor, president of the senate, or speaker of the house of representatives when appointing members to the board and advisory council.

(3) By the board in describing any recusals as part of any final decision relating to a prescription drug.

(4) By the 5th day after a conflict is identified or, if a public meeting of the board will occur within that 5-day period, in advance of the public meeting.

(d) Conflicts of interest shall be publicly posted on the website of the board. The information disclosed shall include the type, nature, and magnitude of the interests of the individual involved, except to the extent that the individual elects to be recused from participation in any activity with respect to which the potential conflict exists.

(e) The board, the advisory council, a member of the board or staff, or a contractor of the board may not accept gifts, bequests, or donations of services or property that suggest a conflict of interest or have the appearance of creating bias in the work of the board or advisory council.

(f) A member of the advisory council who accepts a gift, bequest, or donation of services or property that suggests a conflict of interest or has the appearance of creating bias in the work of the advisory council shall disclose the gift, bequest, or donation publicly.

(g) Notwithstanding the prohibition in RSA 21-G:25, I, any person whose employer cannot and will not directly benefit from action taken or not taken by the board may be appointed to, and serve as a member of, the board.


Source. 2020, 13:5, eff. July 1, 2020. 2022, 244:5, eff. July 1, 2022.

    126-BB:4 Advisory Council. 

A 12-member advisory council is established to advise the board on establishing annual spending targets pursuant to RSA 126-BB:5, I and determining methods for meeting those spending targets pursuant to RSA 126-BB:5, III. The advisory council shall consist of the following members:

I. The governor, or designee.

II. The commissioner of the department of administrative services, or designee.

III. The commissioner of the department of corrections, or designee.

IV. The commissioner of department of health and human services, or designee.

V. The attorney general, or designee.

VI. The director of the division of risk and benefits, department of administrative services, or designee.

VII. The president of the New Hampshire State Employees Association, or designee.

VIII. The president of the New Hampshire Education Association, or designee.

IX. The executive director of the New Hampshire Municipal Association or designee.

X. The chancellor of the university system of New Hampshire, or designee.

XI. The chancellor of the New Hampshire community college system, or designee.

XII. A representative of consumer interests, appointed by the governor, who shall serve a 3-year term.


Source. 2020, 13:5, eff. July 1, 2020.

    126-BB:5 Powers and Duties of the Board. 

The board has the following powers and duties:

I. (a) Beginning with the year 2022 and in consultation with the advisory council, the board shall identify strategies that optimize spending by public payors for pharmaceutical products while reasonably ensuring subscriber access to needed pharmaceutical products. To achieve this goal, the board shall determine annual spending targets for prescription drugs purchased by public payors based upon a 10-year rolling average of the medical care services component of the United States Department of Labor, Bureau of Labor Statistics Consumer Price Index, medical care services index, plus a reasonable percentage for inflation and minus a spending target for pharmacy savings as determined by the board.

(b) The board shall determine spending targets on specific prescription drugs that may cause affordability challenges to enrollees in a public payor health plan. Such targets shall consider any medical cost offsets achieved by utilization of the drug.

(c) The board shall determine which public payors are likely to exceed the spending targets determined under subparagraph (a).

II. The board may consider the following data to accomplish its duties under this section:

(a) A public payor's prescription drug spending data, which the 3rd-party administrator or insurer for the public payor's health plan shall provide to the board on behalf of the public payor upon request notwithstanding any provision of law to the contrary, including:

(1) Expenditures and utilization data for prescription drugs for each plan offered by a public payor.

(2) The formulary for each plan offered by a public payor and prescription drugs common to each formulary.

(3) Pharmacy benefit management services and other administrative expenses of the prescription drug benefit for each plan offered by a public payor.

(4) Enrollee cost sharing for each plan offered by a public payor.

(5) Aggregate net spending on the prescription drug benefit.

(b) Data compiled by the department of health and human services. Prescription drug spending data provided to the board under this subparagraph is confidential to the same extent it is confidential while in the custody of the entity that provided the data to the board.

III. Based upon the prescription drug spending data received under paragraph II, the board, in consultation with a representative of each public payor shall determine methods for the public payor to meet the spending targets established under paragraph I. While continuing to ensure adequate access by subscribers to needed prescribed pharmaceutical products, the board shall determine whether the following methods reduce costs to individuals purchasing prescription drugs through a public payor and allow public payors to meet the spending targets established under paragraph I:

(a) Negotiating specific rebate amounts on the prescription drugs that contribute most to spending that exceeds the spending targets.

(b) Changing a formulary when sufficient rebates cannot be secured under subparagraph (a).

(c) Establishing a common prescription drug formulary for all public payors.

(d) Prohibiting health insurance carriers in the state administering benefits for a public payor from offering on their formularies prescription drugs when the method described in subparagraph (b) is implemented.

(e) Purchasing prescription drugs in bulk or through a single purchasing agreement for use among public payors.

(f) Collaborating with other states and state prescription drug purchasing consortia to purchase prescription drugs in bulk or to jointly negotiate rebates.

(g) Allowing health insurance carriers providing coverage to small businesses and individuals in the state to participate in the public payor prescription drug benefit for a fee.

(h) Procuring common expert services for public payor, including but not limited to pharmacy benefit management services and actuarial services.

IV. By November 1, 2020 and annually thereafter, the board shall report its recommendations, including prescription drug spending targets, their strategies for optimization of affordability of prescription drugs for the state and all of its residents, the progress of implementing those recommendations, as well as the annual net spending by public payors on prescription pharmaceutical products as a measure of the efficacy of implementation of those recommendations to date, to the standing committees of the general court with jurisdiction over health coverage and insurance matters and to the governor. This report shall also contain the following information about prescription drugs, both brand name and generic:

(a) The 25 most frequently prescribed drugs in the state;

(b) The 25 costliest drugs as determined by the total amount spent on those drugs in the state; and

(c) The 25 drugs with the highest year-over-year cost increases as determined by the total amount spent on those drugs in the state.

V. The board may apply for and receive funds, grants, or contracts from public and private sources.


Source. 2020, 13:5, eff. July 1, 2020.

    126-BB:6 Rulemaking. 

The board shall adopt rules under RSA 541-A for the following:

I. Procedures for drug price transparency as required under RSA 126-BB:7.

II. The adoption of all fees under RSA 126-BB:8.

III. Proceedings for assessing civil fines under RSA 126-BB:10.

IV. The appeals process for assessments issued by the board under RSA 126-BB:8.

V. Any other matter required to implement this chapter.


Source. 2020, 13:5, eff. July 1, 2020. 2022, 244:8, eff. July 1, 2022.

    126-BB:7 Drug Price Transparency;  Non-disclosure Requirements. 

I. The board shall develop and implement policies and procedures for its collection, processing, storage, and analysis of clinical, financial, quality restructuring and prescription drug price data for the following purposes:

(a) To use, build, and improve upon and coordinate existing data sources and measurement efforts through the integration of data systems and standardization of concepts.

(b) To coordinate the development of a linked public and private sector information system.

(c) To emphasize data that is useful, relevant, and not duplicative of existing data.

(d) To minimize the burden on those providing data.

(e) To preserve the reliability, accuracy, and integrity of collected data.

II. The board shall adopt rules to ensure that:

(a) Payors, providers, prescription drug manufacturers, wholesale drug distributors, and pharmacy benefits managers file data as required by RSA 126-BB:9.

(b) Users that obtain health data and information from the board safeguard the identification of patients and health care practitioners.

(c) Payors, providers, prescription drug manufacturers, wholesale drug distributors, and pharmacy benefits managers pay all assessments as required by RSA 126-BB:8.

(d)(1) Only the board and employees assigned to the board may access the information received pursuant to this chapter and only for purpose of effectuating the powers and duties granted the board by this chapter. The board shall limit access to any information that it receives pursuant to this chapter to the smallest number of employees and other personnel possible; and all such individuals shall, as a condition of employment, be required to execute non-disclosure agreements under which they are restricted from disclosing any information they may receive in connection with this chapter during their employment term and in perpetuity post-employment.

(2) If the board, its members, employees, or personnel willfully shares or discloses for unauthorized purposes information that is trade secret information, confidential, commercial or proprietary information, or information designated as "confidential" by the owner of the information, the board or the individual who made the unauthorized disclosure may be subject to any penalties available under federal and state laws, including trade secret misappropriation laws, to the extent permitted by law.


Source. 2020, 13:5, eff. July 1, 2020.

    126-BB:8 Funding;  Assessment of Fees. 

I. The expenses and cost of operation of the board shall be funded by reasonable user fees and assessments determined in rules adopted by the board.

(a) Fees may be charged for the reasonable costs of duplicating, mailing, publishing, and supplies.

(b) Reasonable user fees shall be charged on a sliding scale for the right to access and use the health data and information available from the board. Fees may be charged for services provided to the department on a contractual basis. Fees may be reduced or waived for users that demonstrate a plan to use the data or information in research of general value to the public health or inability to pay the scheduled fees, as provided by rules adopted by the board.

(c) Annual assessments of not less than $100 assessed against the following entities:

(1) Health insurance carriers and health maintenance organizations on the basis of the total annual health care premium.

(2) Third-party administrators.

(3) Health carriers that provide only administrative services for a plan sponsor.

(4) [Repealed.]

(d) Health care policies issued for specified disease, accident, injury, hospital indemnity, disability, long-term care or other limited benefit health insurance policies are not subject to assessment under subparagraph (c). For purposes of this paragraph, policies issued for dental services are not considered to be limited benefit health insurance policies.

(e) Annual assessments of not less than $500 assessed by the board against prescription drug manufacturers, wholesale drug distributors, and pharmacy benefits managers, including those that process and pay claims on the basis of claims processed or paid for each plan sponsor.

II. The aggregate level of annual assessments under subparagraphs (c) and (e) shall be an amount sufficient to meet the board's expenditures authorized; provided that such amount shall not exceed 125 percent of the board's annual operating costs. The board may waive assessments otherwise due under subparagraphs (c) and (e) when a waiver is determined to be in the interests of the board and the parties to be assessed.

II-a. Any entity assessed a fee or other assessment under this section may appeal such action in accordance with RSA 541.

III. There is established a nonlapsing fund to be known as the New Hampshire prescription drug affordability board administration fund, which shall be kept distinct and separate from all other funds. The fund shall be continually appropriated to and administered by the board. All fees and assessments collected under this section shall be deposited in the fund. The board shall use the fund, consistent with the provisions of this chapter, to receive funds and to reimburse costs incurred by the board. The fund may be used to pay administrative, technical, legal support, or other costs incurred by the board under this chapter. The state treasurer may invest moneys in the fund as provided by law, and all interest received on such investment shall be credited to the fund.


Source. 2020, 13:5, eff. July 1, 2020. 2022, 244:6, 7, 9 and 12, eff. July 1, 2022.

    126-BB:9-a Criminal Penalty. 

Any person who knowingly uses confidential information obtained pursuant to this chapter or knowingly discloses confidential information obtained pursuant to this chapter to any person not authorized to review such information shall be guilty of a misdemeanor.


Source. 2022, 244:10, eff. July 1, 2022.

    126-BB:9 Drug Price Notifications and Disclosures;  Confidentiality;  Registration. 

I. No later than January 30, 2021 and annually thereafter, a manufacturer shall notify the board when the manufacturer has during the prior calendar year:

(a) Increased the wholesale acquisition cost of a brand-name drug by more than 20 percent per pricing unit;

(b) Increased the wholesale acquisition cost of a generic drug that costs at least $10 per pricing unit by more than 20 percent per pricing unit; or

(c) Introduced a new drug for distribution in this state when the wholesale acquisition cost is greater than the amount that would cause the drug to be considered a specialty drug under the Medicare Part D program. For the purposes of this section, "
Medicare Part D
" means prescription drug benefit in accordance with the requirements of the federal Medicare Prescription Drug Improvement and Modernization Act of 2003.

II. (a) To develop the report under paragraph VIII, the board shall first assess public information that is readily available. To the extent there is no public information or not enough public information readily available to the board to produce its report, the board may request information from:

(1) The manufacturer that provided notice to the board pursuant to paragraph I;

(2) A pharmacy benefit manager or health insurance carrier providing services involving the drug that is the subject of the notification provided pursuant to paragraph I.

(b) Once the board requests information of a manufacturer, pharmacy benefit manager, or health insurance carrier, the entity shall have 60 days to produce the requested information regarding the prescription drug that is the subject of the request. If, after a complete review of all information and data available to the board or as received from the entities, the board makes a determination that additional data is required for a particular prescription drug to produce the report under paragraph VIII, the board may request that additional information from wholesale drug distributors that distribute the prescription drug that is the subject of the report. Once the board requests information of a wholesale drug distributer, it shall have 60 days to produce information regarding the prescription drug that is the subject of the request.

III. (a) Upon receipt of a request from the board relating to a specific prescription drug for which notice was provided pursuant to paragraphs I and II, a manufacturer shall provide to the board, in a form and manner specified by the board, (i) a written, narrative description, suitable for public release, of all factors that caused the increase in the wholesale acquisition cost of the listed outpatient prescription drug, and (ii) aggregate, company-level research and development costs and such other capital expenditures that the board, in its discretion, deems relevant for the most recent year for which final audited data are available.

(b) The data that a pharmaceutical manufacturer submits to the board under this section may be limited to the information and data that the pharmaceutical manufacturer includes in such pharmaceutical manufacturer's annual consolidated report on Securities and Exchange Commission Form 10-K, or any other public disclosure.

(c) The board shall establish a standardized form for reporting information and data pursuant to this section after consulting with pharmaceutical manufacturers. The form shall be designed to minimize the administrative burden and cost of reporting on the office and pharmaceutical manufacturers.

(d) Upon a request from the board relating to a specific prescription drug for which notice was provided pursuant to paragraphs I and II, a pharmacy benefit manager or wholesaler shall provide:

(1) The dollar amount of all rebates or fees concerning the drug collected from the manufacturer that were covered by such health carriers during such calendar year; and

(2) The dollar amount of all rebates and fees, excluding any portion of the rebates or fees received by health carriers, concerning the drug collected from the manufacturer.

(3) Fees referenced in subparagraphs (1) and (2) shall exclude those that are determined to be bona fide service fees as defined by the United States Department of Health and Human Services and codified in 42 C.F.R. 414.803.

(e) The board shall establish a standardized form for reporting information pursuant to subparagraph (d) after consultation with pharmacy benefits managers and wholesalers. The form shall be designed to minimize the administrative burden and cost of reporting on pharmacy benefits managers and wholesalers.

IV. Information provided to the board as required by this section by a manufacturer, wholesale drug distributor, or pharmacy benefits manager that has not been publicly reported is confidential and not a public record under RSA 91-A, except that the board may share information:

(a) With the insurance department, to the extent necessary for the department to enforce insurance laws, as long as any information shared is kept confidential; and

(b) As long as it is not released in a manner that represents a breach of confidential information provided by a manufacturer, wholesale drug distributor, or pharmacy benefits manager.

V. Beginning January 1, 2021, a manufacturer, pharmacy benefits manager, and wholesale drug distributor subject to this section shall register annually with the board in a manner prescribed by the board.

VI. A manufacturer, wholesale drug distributor, or pharmacy benefits manager that submits a notification or report to the board pursuant to this section shall submit with the notification or report a signed written certification of the notification's or report's accuracy. Any confidential or proprietary information contained within such notification or report shall be clearly identified as such. Any breach of confidential information not so identified shall not be subject to RSA 126-BB:7, II(d).

VII. (a) The board may audit the data submitted by a manufacturer, wholesale drug distributor, or pharmacy benefits manager pursuant to this section. The audits shall only be conducted when the state has reasonable cause to believe information received is inaccurate. The board shall notify the entity to be audited with sufficient notice before conducting the audit. The costs of the audit shall be paid for by the manufacturer, wholesale drug distributor, or pharmacy benefits manager.

(b) The board may require a manufacturer, wholesale drug distributor, or pharmacy benefits manager subject to this section to develop a corrective action plan to correct any deficiencies the board finds with the manufacturer's, wholesale drug distributor's, or pharmacy benefits manager's compliance with this section.

VIII. Beginning November 1, 2021 and annually thereafter, the board shall produce and post on its publicly accessible website an annual report, including information developed from the notifications and disclosures received pursuant to this section on trends in the cost of prescription drugs, analysis of manufacturer prices and price increases, the major components of prescription drug pricing along the supply chain and the impacts on insurance premiums and cost sharing, and any other information the board determines is relevant to providing greater consumer awareness of the factors contributing to the cost of prescription drugs in the state. The report may not disclose information attributable to any particular manufacturer, wholesale drug distributor, or pharmacy benefits manager subject to this section and may not make public any information that is confidential. The board shall submit the report required by this section to the standing committees of the general court with jurisdiction over health data reporting and prescription drug matters and the governor.


Source. 2020, 13:5, eff. July 1, 2020.

    126-C:1 Name. 

This chapter may be cited as the interstate compact on the mentally disordered offender.


Source. 1969, 442:1, eff. Sept. 1, 1969.

    126-C:2 Compact. 

The interstate compact on the mentally disordered offender, hereinafter called "the compact", is hereby enacted into law and entered into with all other jurisdictions legally joining therein, in the form substantially as follows:


The Interstate Compact on the Mentally Disordered Offender
Article I
Purpose and Policy

(a) The party states, desiring by common action to improve their programs for the care and treatment of mentally disordered offenders, declared that it is the policy of each of the party states to:

1. Strengthen their own programs and laws for the care and treatment of the mentally disordered offender.

2. Encourage and provide for such care and treatment in the most appropriate locations, giving due recognition to the need to achieve adequacy of diagnosis, care, treatment, after-care and auxiliary services and facilities and, to every extent practicable, to do so in geographic locations convenient for providing a therapeutic environment.

3. Authorize cooperation among the party states in providing services and facilities, when it is found that cooperative programs can be more effective and efficient than programs separately pursued.

4. Place each mentally disordered offender in a legal status which will facilitate his care, treatment and rehabilitation.

5. Authorize research and training of personnel on a cooperative basis, in order to improve the quality or quantity of personnel available for the proper staffing of programs, services and facilities for mentally disordered offenders.

6. Care for and treat mentally disordered offenders under conditions which will improve the public safety.

(b) Within the policies set forth in this Article, it is the purpose of this compact to:

1. Authorize negotiation, entry into, and operations under contractual arrangements among any 2 or more of the party states for the establishment and maintenance of cooperative programs in any one or more of the fields for which specific provision is made in the several articles of this compact.

2. Set the limits within which such contracts may operate, so as to assure protection of the civil rights of mentally disordered offenders and protection of the rights and obligations of the public and of the party states.

3. Facilitate the proper disposition of criminal charges pending against mentally disordered offenders, so that programs for their care, treatment and rehabilitation may be carried on efficiently.


Article II
Definitions

As used in this compact:

(a) "Mentally disordered offender" means a person who has been determined, by adjudication or other method legally sufficient for the purpose in the party state where the determination is made, to be mentally ill and:

1. is under sentence for the commission of crime; or

2. who is confined or committed on account of the commission of an offense for which, in the absence of mental illness, said person would be subject to incarceration in a penal or correctional facility.

(b) "Patient" means a mentally disordered offender who is cared for, treated, or transferred pursuant to this compact.

(c) "Sending state" means a state party to this compact in which the mentally disordered offender was convicted; or the state in which he would be subject to trial on or conviction of an offense, except for his mental condition; or, within the meaning of Article V of this compact, the state whose authorities have filed a petition in connection with an untried indictment, information or complaint.

(d) "Receiving state" means a state party to this compact to which a mentally disordered offender is sent for care, after-care, treatment or rehabilitation, or within the meaning of Article V of this compact, the state in which a petition in connection with an untried indictment, information or complaint has been filed.


Article III
Contracts

(a) Each party state may make one or more contracts with any one or more of the other party states for the care and treatment of mentally disordered offenders on behalf of a sending state in facilities situated in receiving states, or for the participation of such mentally disordered offenders in programs of after-care on conditional release administered by the receiving state. Any such contract shall provide for:

1. Its duration.

2. Payments to be made to the receiving state by the sending state for patient care, treatment, and extraordinary services, if any.

3. Determination of responsibility for ordering or permitting the furnishing of extraordinary services, if any.

4. Participation in compensated activities, if any, available to patients; the disposition or crediting of any payment received by patients on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

5. Delivery and retaking of mentally disordered offenders.

6. Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) Prior to the construction or completion of construction of any facility for mentally disordered offenders or addition to such facility by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the facility or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific percentum of the capacity of the facility to be kept available for use by patients of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

(c) A party state may contract with any one or more other party states for the training of professional or other personnel whose services, by reason of such training, would become available for or be improved in respect of ability to participate in the care and treatment of mentally disordered offenders. Such contracts may provide for such training to take place at any facility being operated or to be operated for the care and treatment of mentally disordered offenders; at any institution or facility having resources suitable for the offering of such training; or may provide for the separate establishment of training facilities, provided that no such separate establishment shall be undertaken, unless it is determined that an appropriate existing facility or institution cannot be found at which to conduct the contemplated program. Any contract entered into pursuant to this paragraph shall provide for:

1. The administration, financing, and precise nature of the program.

2. The status and employment or other rights of the trainees.

3. All other necessary matters.

(d) No contract entered into pursuant to this compact shall be inconsistent with any provision thereof.


Article IV
Procedure and Rights

(a) Whenever the duly constituted judicial or administrative authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that custody, care and treatment in, or transfer of a patient to, a facility within the territory of another party state, or conditional release for after-care in another party state is necessary in order to provide adequate care and treatment or is desirable in order to provide an appropriate program of therapy or other treatment, or is desirable for clinical reasons, said officials may direct that the custody, care and treatment be within a facility or in a program of after-care within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any facility in which it has a contractual right to secure care or treatment of patients for the purpose of inspection and visiting such of its patients as may be in the facility or served by it.

(c) Except as otherwise provided in Article VI, patients in a facility pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed for transfer to a facility within the sending state, for transfer to another facility in which the sending state may have a contractual or other right to secure care and treatment of patients, for release on after-care or other conditional status, for discharge, or for any other purpose permitted by the laws of the sending state: provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the patients of that sending state in facilities pursuant to this compact including a psychiatric and behavioral record of each patient and certify said record to the official designated by the sending state, in order that each patient may have the benefit of his or her record in determining and altering the disposition of said patient in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All patients who may be in a facility or receiving after-care from a facility pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be cared for, treated and supervised in accordance with the standards pertaining to the program administered at the facility. The fact of presence in a receiving state shall not deprive any patient of any legal rights which said patient would have had if in custody or receiving care, treatment or supervision as appropriate in the sending state.

(f) Any hearing or hearings to which a patient present in a receiving state pursuant to this compact may be entitled by the laws of the sending state shall be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record, together with any recommendations of the hearing officials, shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this paragraph, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state. Costs of records made pursuant to this paragraph shall be borne by the sending state.

(g) Any patient confined pursuant to this compact shall be released within the territory of the sending state unless the patient, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any patient pursuant to the terms of this compact shall be subject to civil process and shall have any and all rights to sue, be sued and participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his status changed on account of any action or proceeding in which he could have participated if in any appropriate facility of the sending state or being supervised therefrom, as the case may be, located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any patient shall not be deprived of or restricted in his exercise of any power in respect of any patient pursuant to the terms of this compact.


Article V
Disposition of Charges

(a) Whenever the authorities responsible for the care and treatment of a mentally disordered offender, whether convicted or adjudicated in the state or subject to care, after-care, treatment or rehabilitation pursuant to a contract, are of the opinion that charges based on untried indictments, informations or complaints in another party state present obstacles to the proper care and treatment of a mentally disordered offender or to the planning or execution of a suitable program for him, such authorities may petition the appropriate court in the state where the untried indictment, information or complaint is pending for prompt disposition thereof. If the mentally disordered offender is a patient in a receiving state, the appropriate authorities of the sending state, upon recommendation of the appropriate authorities in the receiving state, shall, if they concur in the recommendation, file the petition contemplated by this paragraph.

(b) The court shall hold a hearing on the petition within 30 days of the filing thereof. Such hearing shall be only to determine whether the proper safeguarding and advancement of the public interest, the condition of the mentally disordered offender, and the prospects for more satisfactory care, treatment and rehabilitation of him warrant disposition of the untried indictment, information or complaint prior to termination of the defendant's status as a mentally disordered offender in the sending state. The prosecuting officer of the jurisdiction from which the untried indictment, information or complaint is pending, the petitioning authorities, and such other persons as the court may determine shall be entitled to be heard.

(c) Upon any hearing pursuant to this Article, the court may order such adjournments or continuances as may be necessary for the examination or observation of the mentally disordered offender or for the securing of necessary evidence. In granting or denying any such adjournment or continuance, the court shall give primary consideration to the purposes of this compact, and more particularly to the need for expeditious determination of the legal and mental status of a mentally disordered offender so that his care, treatment and discharge to the community only under conditions which will be consonant with the public safety may be implemented.

(d) The presence of a mentally disordered offender within a state wherein a petition is pending or being heard pursuant to this Article, or his presence within any other state through which he is being transported in connection with such petition or hearing, shall be only for the purposes of this compact, and no court, agency or person shall have or obtain jurisdiction over such mentally disordered offender for any other purpose by reason of his presence pursuant to this Article. The mentally disordered offender shall, at all times, remain in the custody of the sending state. Any acts of officers, employees, or agencies of the receiving state in providing or facilitating detention, housing or transportation for the mentally disordered offender shall be only as agents for the sending state.

(e) Promptly upon conclusion of the hearing the court shall dismiss the untried indictment, information or complaint, if it finds that the purposes enumerated in paragraph (b) of this Article would be served thereby. Otherwise, the court shall make such order with respect to the petition and the untried indictment, information or complaint as may be appropriate in the circumstances and consistent with the status of the defendant as a mentally disordered offender in the custody of and subject to the jurisdiction of the sending state.

(f) No fact or other matter established or adjudicated at any hearing pursuant to this Article, or in connection therewith, shall be deemed established or adjudicated, nor shall the same be admissible in evidence, in any subsequent prosecution of the untried indictment, information or complaint concerned in a petition filed pursuant to this Article unless:

1. The defendant or his duly empowered legal representative requested or expressly acquiesced in the making of the petition, and was afforded an opportunity to participate in person in the hearing; or

2. The defendant himself offers or consents to the introduction of the determination or adjudication of such subsequent proceedings.


Article VI
Acts Not Reviewable in Receiving State; Return

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove a patient from the receiving state there is pending against the patient within such state any criminal charge or if the patient is suspected of having committed within such state a criminal offense, the patient shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport patients pursuant to this compact through any and all states party to this compact without interference.

(b) A patient who escapes while receiving care and treatment or who violates provisions of after-care by leaving the jurisdiction, or while being detained or transported pursuant to this compact shall be deemed an escapee from the sending state and from the state in which the facility is situated or the after-care was being provided. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for return shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.


Article VII
Federal Aid

Any state party to this compact may accept federal aid for use in connection with any facility or program, the use of which is or may be affected by this compact or any contract pursuant thereto and any patient in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision: provided that if such program or activity is not part of the customary regimen of the facility or program, the express consent of the appropriate official of the sending state shall be required therefor.


Article VIII
Entry Into Force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any 2 states from among the states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states, or any other state upon similar action by such state.


Article IX
Withdrawal and Termination

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until 2 years after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such patients as it may have in other party states pursuant to the provisions of this compact.


Article X
Other Arrangements Unaffected

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a non-party state for the custody, care, treatment, rehabilitation or after-care of patients nor to repeal any other laws of a party state authorizing the making of cooperative arrangements.


Article XI
Construction and Severability

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.


Source. 1969, 442:1, eff. Sept. 1, 1969.

    126-C:3 Contracts Authorized. 

The department of health and human services may negotiate and enter into contracts on behalf of this state pursuant to Article III of the compact and may perform such contracts; provided that no funds, personnel, facilities, equipment, supplies, or materials shall be pledged for, committed or used on account of any such contract, unless legally available therefor.


Source. 1969, 442:1. 1979, 246:1. 1983, 291:1, I. 1995, 310:77, eff. Nov. 1, 1995.

    126-CC:1 Definitions. 

In this chapter:

I. "
Commissioner
" means the commissioner of the department of health and human services.

II. "
Department
" means the department of health and human services.

III. "
Program
" means the wholesale prescription drug importation program.


Source. 2020, 13:6, eff. Sept. 14, 2020.

    126-CC:2 Design of Program:  Rulemaking. 

I. There is hereby established the wholesale prescription drug importation program, referred to in this chapter as the "program," to provide for the wholesale importation of prescription drugs from Canada by or on behalf of the state.

II. The department, in consultation with appropriate federal and other state agencies and interested parties, shall design the program to comply with the applicable requirements of 21 U.S.C. section 384, including requirements regarding safety and cost savings. The program design shall:

(a) Designate a state agency to become a licensed drug wholesaler or to contract with a licensed drug wholesaler in order to seek federal certification and approval, pursuant to RSA 126-CC:3, to import safe prescription drugs and provide cost savings to consumers in the state.

(b) Use prescription drug suppliers in Canada regulated under the laws of Canada or of one or more Canadian provinces, or both.

(c) Ensure that only prescription drugs that can meet the federal Food and Drug Administration's safety, effectiveness and other standards are imported by or on behalf of the state.

(d) Import only those prescription drugs expected to generate substantial cost savings for consumers in the state.

(e) Ensure that the program complies with the transaction and tracing requirements of 21 U.S.C. sections 360eee and 360eee-1 to the extent feasible and practical prior to imported prescription drugs coming into the possession of the licensed United States drug wholesaler and that the program complies fully with those federal requirements after imported prescription drugs are in the possession of the licensed drug wholesaler.

(f) Prohibit the distribution, dispensing, or sale of imported prescription drugs outside of the state.

(g) Recommend a method to finance the program which will not jeopardize consumer cost savings.

(h) Include an audit function.

III. The commissioner shall adopt rules pursuant to RSA 541-A, to design the program in accordance with this chapter.

IV. The department shall submit a request for approval and certification of the program to the United States Department of Health and Human Services on or before February 1, 2021.


Source. 2020, 13:6, eff. Sept. 14, 2020.

    126-CC:3 Requirements of Program. 

Prior to operating the program, the state agency designated to oversee the program pursuant to this chapter shall:

I. Become a licensed drug wholesaler or enter into a contract with a licensed drug wholesaler in the state.

II. Contract with one or more distributors licensed in the state.

III. Contract with one or more licensed and regulated prescription drug suppliers in Canada.

IV. Seek the appropriate federal approvals, exemptions, or agreements, or a combination thereof, as needed to enable all covered entities enrolled in or eligible for the federal 340B Drug Pricing Program to participate in the program to the fullest extent possible without jeopardizing their eligibility for the 340B Program.

V. Consult with health insurance carriers, employers, pharmacies, pharmacists, health care providers, and consumers.

VI. Develop a registration process for health insurance carriers, pharmacies, and health care providers authorized to prescribe and administer prescription drugs that are willing to participate in the program.

VII. Create a publicly accessible website for listing the prices of prescription drugs to be imported under the program.

VIII. Create an outreach and marketing plan to work with health carriers and provider associations to generate public awareness of the program.

IX. Develop a 2-year audit work plan.

X. Conduct any other activity determined necessary to successfully implement and operate the program.


Source. 2020, 13:6, eff. Sept. 14, 2020.

    126-CC:4 Annual Report. 

Beginning November 1, 2021, and each November 1 thereafter, the department or other designated state agency shall submit an annual report to the chairperson of the health, human services and elderly affairs committee, the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library relative to:

I. The prescription drugs included in the program.

II. The number of participating pharmacies, health care providers, and health insurance carriers.

III. The number of prescription drugs dispensed through the program.

IV. The estimated cost savings to consumers, health insurance carriers, employers, and the state during the previous calendar year and to date.

V. Information regarding implementation of the audit work plan and audit findings.

VI. Any other information the department, or other state agency designated to oversee the program pursuant to this chapter, deems relevant.


Source. 2020, 13:6, eff. Sept. 14, 2020.

    126-D:1 Legislative Findings and Policy. 

The following is hereby found and declared:

I. Locating adoptive families for hard to place children for whom adoption assistance is provided under RSA 170-F, and assuring the continued protection of the interests of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of another state.

II. The provision of medical and other necessary services for such children creates special difficulties when the provision of these services takes place in other states.

III. Children living in this state whose resident adoptive parents receive on their behalf adoption assistance from another state should be afforded comparable protection and medical and other services.

IV. It is, therefore, the policy of the state, by entering into compacts with other party states and by working cooperatively with other states, to ensure that medical and other necessary services continue to be available and provided to these children so long as adoption assistance payments are made to their adoptive parents.


Source. 1985, 367:13, eff. Aug. 17, 1985.

    126-D:2 Purposes. 

The purposes of this chapter are to:

I. Authorize the commissioner, department of health and human services, to enter into interstate agreements with parallel agencies of other states for the protection of children on behalf of whom adoption assistance is being provided under RSA 170-F.

II. Provide authority for procedures for interstate children's adoption assistance payments, including medical payments, in such cases where this state is either the adoptive assistance state or the residence state, as defined in RSA 126-D:4.


Source. 1985, 367:13, eff. Aug. 17, 1985.

    126-D:3 Execution of Compact. 

The commissioner, department of health and human services, or his designee, is hereby authorized to develop, participate in the development of, negotiate, enter into and execute one or more interstate compacts on behalf of this state with other states to implement the purposes set forth in this chapter. When so executed, and for so long as it shall remain in force, such a compact shall have the force and effect of law.


Source. 1985, 367:13, eff. Aug. 17, 1985.

    126-D:4 Definitions. 

For the purposes of this chapter the following terms shall have the following meanings:

I. "Adoption assistance state" means a state which is signatory to an adoption assistance agreement in a particular case.

II. "Commissioner" means commissioner, department of health and human services.

III. "Residence state" means the state of which the child is a resident by virtue of the residence of the adoptive parents.

IV. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of the United States or one administered by the United States.


Source. 1985, 367:13, eff. Aug. 17, 1985.

    126-D:5 Contents of Compact. 

A compact entered into pursuant to the authority conferred by this chapter shall contain the following:

I. A provision making it available for joinder by all states.

II. A provision for withdrawal from the compact upon written notice to each party state, but with a period of one year between the date of the notice to withdraw and the effective date of such withdrawal.

III. A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the one in which they are resident and have their principal place of abode.

IV. A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between the adoptive parents and the state agency which undertakes to provide the adoption assistance; and further, that any such agreement be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and by the state providing the adoption assistance.

V. A provision establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds to defray part or all of the costs thereof.

VI. Such other provisions as may be determined by the commissioner to ensure the proper administration of the compact.


Source. 1985, 367:13, eff. Aug. 17, 1985.

    126-D:6 Medical Assistance. 

I. A child with special needs resident in this state who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this state upon the filing in the department of health and human services of a certified copy of the adoption assistance agreement obtained from the adoption assistance state. In accordance with rules of the department of health and human services, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been renewed.

II. The department of health and human services shall consider the holder of a medical assistance identification pursuant to this section as any other holder of a medical assistance identification under the laws of this state and shall process and make payment on claims on account of such holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

III. The submission of any claim for payment or reimbursement for medical services or benefits pursuant to this section or the making of any statement in connection with such a claim, when the maker of the claim or statement knows or should know the claim or statement is false, misleading or fraudulent shall be punishable as false swearing under RSA 641:2 or under a similar law in the state of residence or in the adoption assistance state, when such state is not the state of New Hampshire.

IV. The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states which have entered into a compact with this state under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this state. Any and all other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the applicable laws and procedures.


Source. 1985, 367:13. 1995, 310:181, eff. Nov. 1, 1995.

    126-D:7 Federal Financial Participation. 

Consistent with federal laws, the department of health and human services, in connection with the administration of this chapter and any compact pursuant to it, shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (P.L. 96-272)
, Titles IV(e)
 and XIX 
 of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost. The department shall apply for and administer all relevant federal aid in accordance with law.


Source. 1985, 367:13. 1994, 212:2. 1995, 310:78, eff. Nov. 1, 1995.

    126-DD:1 Commission Established. 

I. There is established a commission to review information and data related to drug overdose fatalities in New Hampshire. The members of the commission shall be as follows:

(a) One member of the senate, appointed by the president of the senate.

(b) Three members of the house of representatives, appointed by the speaker of the house of representatives.

(c) The attorney general, or designee.

(d) The chief medical examiner, or designee.

(e) The commissioner of the department of health and human services, or designee.

(f) The commissioner of the department of safety, or designee.

(g) The chairperson of the governor's commission on alcohol and drug abuse prevention, treatment, and recovery, or designee.

(h) A representative of the New Hampshire Association of Chiefs of Police, appointed by the association.

(i) A representative of the New Hampshire Association of Fire Chiefs, appointed by the association.

(j) A health official from a city health department, appointed by the governor.

(k) A victim/witness advocate, appointed by the attorney general.

(l) A representative of the New Hampshire Hospital Association, appointed by the association.

(m) A representative of the recovery community, appointed by the governor.

(n) A representative of the treatment community, appointed by the governor.

(o) A representative of the prevention community, appointed by the governor.

(p) A representative of New Futures, appointed by that organization.

(q) A representative from American Medical Response, appointed by that organization.

(r) A representative of the Drug Enforcement Administration, appointed by the administration.

(s) The governor's advisor on addiction and behavioral health.

(t) A suicide prevention specialist, appointed by NAMI-New Hampshire.

(u) A representative of the New Hampshire Medical Society, appointed by the society.

II. (a) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

(b) A member of the commission appointed under subparagraphs I(a)-(g) or (s) shall serve a term conterminous with their term in office. A member appointed under subparagraph I(h)-(r) or (t) shall serve a 6-year term, provided that initial appointments shall be for staggered terms of one to 6 years.

(c) Members of the commission shall sign confidentiality statements that prohibit any unauthorized dissemination of information except when disclosures may be necessary to enable the commission to carry out its duties under this subdivision. No material shall be used for reasons other than for which it was intended.

III. (a) The commission shall:

(1) Review trends and patterns of overdose-related fatalities in New Hampshire.

(2) Identify high-risk factors, current practices, and gaps in system responses.

(3) Recommend policies, practices, and services that will encourage collaboration and reduce overdose fatalities.

(4) Improve sources of data collection by developing a system to share information between agencies and offices that work with individuals struggling with addiction.

(5) Educate the public, policy makers, and funders about overdose-related fatalities and about strategies for intervention and effective prevention, treatment, and recovery.

(6) Review laws and programs enacted in other states, counties, or municipalities.

(b)(1) Upon the request of the chairperson of the commission and as necessary to carry out the commission's duties, the chairperson shall be provided, within 5 days excluding weekends and holidays, with access to information and records regarding a drug overdose fatality that is being reviewed by the commission or regarding the person who overdosed on drugs. The commission may request the information and records from any of the following:

(A) A provider of medical, dental, or behavioral health care.

(B) Any state or a political subdivision of this state that might assist the commission in reviewing the fatality.

(2) A law enforcement agency, with the approval of the prosecuting attorney, may withhold from a review team investigative records that may interfere with a pending criminal investigation or prosecution.

IV. (a) The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Eleven members of the commission shall constitute a quorum.

(b) The department of health and human services shall provide administrative support to the commission.

V. The commission shall:

(a) Meet no fewer than 6 times per year to conduct reviews of overdose fatalities.

(b) Study the adequacy of statutes, rules, training, and services to determine what changes are needed to decrease the incidence of preventable overdose fatalities and, as appropriate, take steps to implement these changes.

(c) Educate the public regarding the incidence and causes of overdose fatalities and the public's role in preventing these deaths.

(d) Review all overdose fatalities except for fatalities of children under 18 years of age and fatalities related to women while pregnant or with one year of the end of pregnancy.

(e) Complete an annual statistical report on the incidence and causes of overdose fatalities in this state during the past fiscal year and submit a copy of this report, including its recommendations for proposed legislation and actions, to the governor, the senate president, and the speaker of the house of representatives. The commission shall submit the report on or before December 15 of each year commencing on December 15, 2021.

VI. The commission shall not:

(a) Call witnesses or take testimony from individuals who have been identified by the department of justice as potential witnesses in any criminal prosecution arising from an overdose death until the completion of such prosecution.

(b) Enforce any public health standard or criminal law or otherwise participate in any legal proceeding, unless a member of the team is involved in the investigation of the death or resulting prosecution and must participate in a legal proceeding in the course of performing his or her duties outside the team.

VII. (a) Proceedings, records, and opinions of the commission are confidential, not subject to RSA 91-A, and not subject to discovery, subpoena, or introduction into evidence in any civil or criminal proceeding. Nothing in this subparagraph shall be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the proceedings of the commission.

(b) Members of the commission shall not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting of the team. Nothing in this subparagraph shall be construed to prevent a member of the commission from testifying to information obtained independently of the commission or which is public information.

VIII. (a) The commission shall maintain the confidentiality of all records pursuant to RSA 169-C:25, RSA 170-G:8-a, and all other related confidentiality laws.

(b) The information and records obtained and created in execution of the commission's official functions shall be exempt from disclosure pursuant to RSA 91-A and shall be privileged and exempt from use or disclosure in any criminal or civil matter or administrative proceeding. No person who participates in the official functions of the commission shall be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving exercise of his or her official duties.

(c) Commission members, their agents and employees, shall not be subject to, and shall be immune from, claims, suits, liability, damages or any other recourse, civil or criminal, arising from any act, proceeding, decision or determination undertaken or performed or recommendation made, provided such persons acted in good faith and without malice in carrying out their responsibilities, authority, duties, powers and privileges of the offices conferred by this subdivision upon them.

(d) No organization, institution, or person furnishing information, data, reports, or records to the commission shall be liable in damages to any person or subject to any other recourse, civil or criminal.

(e) Any person who knowingly discloses case records or other information obtained from commission proceedings shall be guilty of a misdemeanor.


Source. 2020, 39:54, eff. Sept. 27, 2020.

    126-G:1 Purpose. 

The purpose of this chapter is to provide support to families in their role as primary caregivers for disabled family members.


Source. 1989, 255:2, eff. July 1, 1989.

    126-G:2 Definitions. 

In this chapter:

I. "Area" means "area" as defined in RSA 171-A:2, I-a.

II. "Commissioner" means the commissioner of the department of health and human services.

III. "Department" means the department of health and human services.

IV. "Family support services" includes, but is not limited to, family services coordination, individual and family centered assistance, information and referral, educational materials, and emergency and outreach services.


Source. 1989, 255:2. 1995, 310:79, eff. Nov. 1, 1995.

    126-G:3 Administration;  Services. 

The department shall administer this chapter and shall coordinate family support services with existing services to families and individuals. Family support services shall be provided in a manner which develops comprehensive, responsive and flexible support to families in their role as the primary caregivers for disabled family members.


Source. 1989, 255:2. 1995, 310:175, eff. Nov. 1, 1995.

    126-G:4 Regional Family Support Councils;  Coordinators. 

The department shall establish a family support council in each area which shall consist of persons who have a developmentally disabled family member. The family support council shall provide advice to the area agency in the development of a family support plan for the area and shall monitor the services provided pursuant to the plan. A family support coordinator shall be available within each region to assist families in acquiring the support and services outlined in the family support plan. The family support coordinator shall work closely with the regional family support council to monitor the services provided to families.


Source. 1989, 255:2. 1995, 310:175, eff. Nov. 1, 1995.

    126-G:5 Rulemaking. 

The commissioner shall adopt rules under RSA 541-A relative to:

I. Further definition of services to be provided under this chapter.

II. Requirements for eligibility for services.

III. Manner of providing services under RSA 126-G:3.

IV. Size of regional family support councils and assignment of family support coordinators pursuant to RSA 126-G:4.


Source. 1989, 255:2. 1995, 310:183, eff. Nov. 1, 1995.

    126-I:1 Definitions. 

In this chapter:

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.

III. "Osteoporosis" means a bone disease characterized by a reduction in bone density accompanied by increasing porosity and brittleness and associated with loss of calcium from the bones.


Source. 1997, 216:2, eff. Aug. 17, 1997.

    126-I:2 Program Established. 

I. The department shall establish, promote, and maintain an osteoporosis prevention and education program to promote public awareness of causes of osteoporosis, options for prevention, and the value of early detection and possible treatments, including the benefits and risks of those treatments.

II. The program shall include the following:

(a) Development of a public education and outreach campaign to promote osteoporosis prevention and education, including but not limited to:

(1) Causes and nature of the disease.

(2) Risk factors.

(3) The role of hysterectomy.

(4) Prevention of the disease, including nutrition, diet, and physical exercise.

(5) Diagnostic procedures and appropriate indications for their use.

(6) Hormone replacement, including benefits and risks.

(7) Environmental safety and injury prevention.

(8) The availability of osteoporosis diagnostic treatment services in the community.

(9) The impact of long-term use of medications and medical treatment for other medical conditions on the development of osteoporosis.

(b) Development of educational materials to be made available for consumers, particularly targeted toward high-risk groups, through local health departments, local physicians, other health care providers and women's organizations.

(c) Development of professional education programs for health care providers to assist them in understanding research findings and the subjects set forth in paragraph I.

(d) Development and maintenance of a list of current providers, including holistic providers, of specialized services for the prevention and treatment of osteoporosis. Dissemination of the list shall be accompanied by a description of diagnostic procedures, appropriate indications for their use, and a cautionary statement about the current status of osteoporosis research, prevention and treatment. The statement shall also indicate that the department does not license, certify, or in any other way approve osteoporosis programs or centers in the state.

III. The department shall conduct a needs assessment to identify:

(a) Available technical assistance and educational materials and programs nationwide.

(b) The level of public and professional awareness about osteoporosis.

(c) The needs of osteoporosis patients, their families, and caregivers.

(d) Needs of health care providers, including physicians, nurses, persons practicing naturopathic medicine, managed care organizations, and other health care providers.

(e) The services available to osteoporosis patients.

(f) Existence of osteoporosis treatment groups.

(g) Existence of osteoporosis support groups.

(h) Existence of rehabilitation services.

(i) Number and location of bone density testing equipment.

IV. The department shall gather appropriate data to track incidents of osteoporosis in this state.

V. The department, with the assistance of the advisory council, shall annually evaluate the performance of the osteoporosis prevention and education program and issue a report of its findings and conclusions, together with the data collected pursuant to paragraph IV and recommendations for legislation, on or before November 1 of each year to the governor, the speaker of the house of representatives, the president of the senate, and appropriate committee chairs of both houses.


Source. 1997, 216:2, eff. Aug. 17, 1997.

    126-I:3 Repealed by 2011, 231:2(2), eff. Dec. 31, 2011. 

    126-I:4 Repealed by 2012, 171:26, II, eff. Aug. 10, 2012. 

    126-I:5 Sources of Grants, Services, and Property;  Federal Waivers. 

I. The commissioner may accept grants, services, and property from the federal government, foundations, organizations, medical schools, and other entities as may be available for the purposes of fulfilling the obligations of the program established in this chapter.

II. The commissioner shall seek any federal waiver or waivers that may be necessary to maximize funds from the federal government to implement the program.


Source. 1997, 216:2, eff. Aug. 17, 1997.

    126-J:1 Council Established;  Membership;  Terms. 

I. There is established the council for youths with chronic conditions and their families which shall consist of the following members:

(a) One member of the senate, appointed by the senate president.

(b) One member of the house of representatives, appointed by the speaker of the house.

(c) One representative of the department of health and human services, appointed by the commissioner.

(d) One representative of the department of education, appointed by the commissioner.

(e) One representative of the insurance department, appointed by the commissioner.

(f) A director from a community-based agency which has been charged by the council with providing support and services to youths with chronic conditions and their families.

(g) Up to 6 representatives of professional and community organizations, which shall represent a cross-section of disciplines and constituencies such as, but not limited to, physicians, nurses, and educators, appointed by the council in accordance with its bylaws.

(h) Up to 13 members who are the parent or guardian of a youth with a chronic condition, appointed by the council in accordance with its bylaws.

(i) One parent or guardian of a youth with a chronic condition, appointed by the governor.

(j) One member, who is less than 30 years of age and who has a chronic condition, appointed by the chairperson of the council.

II. Terms of office shall be for 3 years, except that legislative members shall serve the terms of their office. No member shall serve more than 2 full consecutive terms. One third of the total members' terms shall expire annually as established in the bylaws.

III. Members shall elect annually from among their number a chairperson and such other officers as they may determine.

IV. Legislative members shall receive mileage at the legislative rate.


Source. 1997, 293:2. 2013, 113:2, 3, eff. Aug. 24, 2013.

    126-J:2 Committees. 

The council may establish such standing committees, ad hoc committees, or task forces as it deems appropriate to carry out the mission of the council.


Source. 1997, 293:2, eff. Aug. 19, 1997.

    126-J:3 Duties. 

The council shall:

I. Promote the organized assessment of the needs of youths with chronic conditions and their families.

II. Serve in an advisory capacity to the department of health and human services, department of education, and insurance department for policy and program development.

III. Collaborate with the department of health and human services, the department of education, and other public and private organizations statewide to enhance community-based family supports that meet the unique needs of youths with chronic conditions and their families.

IV. Increase awareness in the public and private sector of the medical, social, and educational issues which impact youths with chronic conditions and their families.


Source. 1997, 293:2. 2013, 113:4, eff. Aug. 24, 2013.

    126-J:4 Technical Assistance. 

The department of health and human services, department of education, and the insurance department shall provide to the council available data, consistent with confidentiality requirements, relevant to the needs of this population.


Source. 1997, 293:2, eff. Aug. 19, 1997.

    126-J:5 Report. 

The council shall report annually on or before December 1 to the governor and the general court regarding the progress being made to provide services and support to youths with chronic conditions and their families in regular educational and medical environments allowing them to remain in or near their own homes and communities.


Source. 1997, 293:2. 2013, 113:5, eff. Aug. 24, 2013.

    126-J:6 Funding. 

The council may solicit, expend, and disburse funds from the state and federal government, as well as private grants and funds, for the purposes of this chapter. It may also enter into contracts as necessary to carry out its purpose.


Source. 1997, 293:2, eff. Aug. 19, 1997.

    126-K:1 Purpose. 

The purpose of this chapter is to protect the citizens of New Hampshire from the possibility of addiction, disability, and death resulting from the use of tobacco products by ensuring that tobacco products will not be supplied to persons under the age of 21. This chapter shall not apply to alternative treatment centers registered under RSA 126-X:7 or to individuals who have been issued a registry identification card under RSA 126-X:4 only with respect to the therapeutic use of cannabis; this chapter shall still apply to alternative treatment centers and these individuals with respect to tobacco products.


Source. 1997, 338:8, eff. Jan. 1, 1998. 2019, 346:97, eff. Jan. 1, 2020. 2020, 37:105, eff. July 29, 2020. 2021, 122:12, eff. Sept. 7, 2021.

    126-K:10 Rulemaking. 

The commission shall adopt rules, pursuant to RSA 541-A, relative to the hearings and appeals process and relative to the proper administration of this chapter.


Source. 1997, 338:8, eff. Jan. 1, 1998.

    126-K:11 Fines. 

I. All fines imposed by any court and collected for the violation of the provisions of this chapter shall be paid to the state, county, or town, the officials of which instituted the prosecution.

II. All fines imposed by the commission shall be deposited into the general fund.


Source. 1997, 338:8, eff. Jan. 1, 1998.

    126-K:12 Penalties. 

I. Violations of this chapter may be prosecuted by local, county, or state law enforcement officials.

II. The commission may issue administrative warnings and assess fines and may order the commissioner of revenue administration to suspend or revoke a license issued pursuant to RSA 78 for a specified period of time for violations of this chapter.

III. The commission may issue administrative warnings, assess fines, and suspend or revoke a license issued pursuant to RSA 178 for a specified period of time for violations of this chapter.


Source. 1997, 338:8. 2008, 341:18, eff. Jan. 1, 2009.

    126-K:13 Severability. 

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.


Source. 1997, 338:8, eff. Jan. 1, 1998.

    126-K:14 Preemption. 

Nothing in this chapter shall be construed to restrict the power of any county, city, town, village, or other subdivision of the state to adopt local laws, ordinances, and regulations that are more stringent than this chapter and RSA 78.


Source. 1997, 338:8, eff. Jan. 1, 1998.

    126-K:15 Tobacco Use Prevention and Cessation Program. 

There is hereby established in the department of health and human services the tobacco use prevention and cessation program, which shall be administered with funds appropriated to the department for such purpose, and which shall include but not be limited to:

I. Tobacco use prevention community programs and grants.

II. Tobacco use prevention school programs and grants.

III. Tobacco use prevention state-wide programs and grants.

IV. Tobacco use cessation programs.

V. Tobacco use prevention and cessation counter marketing.

VI. Evaluation of tobacco control initiatives.

VII. Administration and enforcement.


Source. 1999, 183:3. 2000, 62:2. 2007, 263:113, eff. June 30, 2007.

    126-K:16 Definitions. 

In this subdivision:

I. "
Commissioner
" means the commissioner of the department of health and human services.

II. "
Department
" means the department of health and human services.

III. [Repealed.]


Source. 2000, 62:3. 2007, 263:116, II, eff. June 30, 2007.

    126-K:17 Purpose of Grants;  Grants Process. 

Grants shall be available in accordance with the following procedures:

I. Requests for funding consideration in any given year shall be forwarded to the commissioner by January 1 to be reviewed for a grant beginning in the following fiscal year.

II. The commissioner shall review all requests and recommend awards, including amounts and duration. The commissioner shall submit recommendations to the governor and executive council for approval.

III. Additional requests may be considered throughout the year if funds are available. The commissioner shall forward recommendations to the governor and council for approval.


Source. 2000, 62:3, eff. June 16, 2000.

    126-K:18 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, necessary for the administration of this subdivision.


Source. 2000, 62:3, eff. June 16, 2000.

    126-K:19 Repealed by 2008, 144:1, II, eff. Aug. 5, 2008. 

    126-K:2 Definitions. 

In this chapter:

I. "Cigarette" means any roll for smoking made wholly or in part of tobacco, and wrapped in any material except tobacco.

II. "Commission" means the liquor commission.

II-a. "
Device
" means any product composed of a mouthpiece, a heating element, a battery, and electronic circuits designed or used to deliver any aerosolized or vaporized substance including, but not limited to, nicotine or cannabis. Device may include, but is not limited to, hookah, e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

II-b. "
E-cigarette
" means any electronic smoking device composed of a mouthpiece, a heating element, a battery, and electronic circuits that may or may not contain nicotine or e-liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, or e-pipes, or under any other product name.

II-c. "
E-liquid
" means any liquid, oil, or wax product containing, but not limited to, nicotine or cannabis intended for use in devices used for inhalation.

III. "
Licensee
" means the person in whose name a license issued pursuant to RSA 78:6 was granted.

III-a. [Repealed.]

IV. "Manufacturer" means any person engaged in the business of importing, exporting, producing, or manufacturing tobacco products who sells the product only to licensed wholesalers.

V. "
Minor
" means a person under the age of 21.

VI. "Person" means any individual, firm, fiduciary partnership, corporation, trust, or association, however formed.

VII. "Public educational facility" means any enclosed place or portion of such place, which is supported by public funds and which is used for the instruction of students enrolled in preschool programs and in grades kindergarten through 12. This definition shall include all administrative buildings and offices and areas within facilities supportive of instruction and subject to educational administration including, but not limited to, lounge areas, passageways, rest rooms, laboratories, study areas, cafeterias, gymnasiums, libraries, maintenance rooms, and storage areas.

VIII. "Retailer" means any person who sells tobacco products to consumers.

VIII-a. "
Rolling paper
" means any paper product that is designed to encase or wrap tobacco or similar products and marketed for the purpose of smoking or manufacturing hand-rolled cigarettes.

IX. "Sampler" means any person who distributes free tobacco products to consumers for promotional purposes.

X. "Sub-jobber" means any person doing business in this state who buys stamped tobacco products from a licensed wholesaler and who sells all the sub-jobber's tobacco products to other licensed sub-jobbers, vending machine operators, and retailers.

XI. "
Tobacco product
" means any product containing or derived from tobacco including, but not limited to, cigarettes, smoking tobacco, cigars, chewing tobacco, snuff, pipe tobacco, smokeless tobacco, and smokeless cigarettes. "Tobacco product" shall not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the federal Food, Drug, and Cosmetic Act.

XII. "Vending machine" means any self-service device which, upon insertion of money, tokens, or any other form of payment, dispenses tobacco, cigarettes, or any other tobacco product.

XIII. "Vending machine operator" means any person operating one or more tobacco product vending machines on property or premises other than the operator's own.

XIV. "
Wholesaler
" means any person doing business in this state who shall purchase all the wholesaler's unstamped tobacco products directly from a licensed manufacturer and who shall sell all of the wholesaler's products to licensed wholesalers, sub-jobbers, vending machine operators, retailers, samplers, and those persons exempted from the tobacco tax under RSA 78:5.


Source. 1997, 338:8. 2001, 171:1. 2010, 113:1, 2, eff. July 31, 2010. 2019, 178:2, 3, eff. Jan. 1, 2020; 259:1, 9, eff. July 1, 2019; 346:95, eff. July 1, 2019. 2020, 37:106, 107, eff. July 29, 2020.

    126-K:3 Proof of Age of Purchaser. 

I. For the purposes of this chapter, any person responsible for monitoring sales from a tobacco vending machine or any person making the sale of tobacco products, e-cigarettes, or e-liquid which vending machine or other sale is to be made to any person who does not appear to be at least 21 years of age, shall require the purchaser to furnish any of the following documentation that such person is 21 years of age or over:

(a) A motor vehicle driver's license issued by the state of New Hampshire, or a valid driver's license issued by another state, the District of Columbia, a United States territory, or a province of Canada, which bears the date of birth, name, address, and picture of the individual.

(b) An identification card issued by the director of motor vehicles under the provisions of RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or any picture identification card issued by another state which bears the date of birth, name, and address of the individual.

(c) An armed services identification card.

(d) A valid passport from a country with whom the United States maintains diplomatic relations.

II. Photographic identification presented under this section shall be consistent with the appearance of the person, and shall be correct and free of alteration, erasure, blemish, or other impairment.

III. The establishment of all of the following facts by a person responsible for monitoring sales from a vending machine or a person or sampler making a sale or distribution of tobacco products, e-cigarettes, or e-liquid to a person under 21 years of age shall constitute prima facie evidence of innocence and a defense to any prosecution for such sale:

(a) That the person falsely represented in writing and supported by some official documents that the person was 21 years of age or older;

(b) That the appearance of the person was such that an ordinary and prudent person would believe such person to be at least 21 years of age or older; and

(c) That the sale was made in good faith relying on such written representation and appearance in the reasonable belief that the person was actually 21 years of age or over.


Source. 1997, 338:8. 2010, 113:3, 4, eff. July 31, 2010. 2015, 179:2, eff. June 26, 2015. 2016, 71:2, eff. May 10, 2016. 2019, 259:2, 3, eff. July 1, 2019; 346:98, 99, eff. Jan. 1, 2020. 2020, 37:108, 109, eff. July 29, 2020.

    126-K:4-a Rolling Papers. 

I. No person shall sell, give, or furnish rolling papers to a minor. Violations of this paragraph shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this paragraph shall not exceed $250 for the first offense, $500 for the second offense, and $750 for the third and subsequent offenses.

II. No person under 21 years of age shall purchase, possess, or use any rolling paper. Any person who violates this section shall be guilty of a violation and shall be punished by a fine not to exceed $100 for each offense.


Source. 2001, 171:2, eff. Jan. 1, 2002. 2019, 346:101, eff. Jan. 1, 2020. 2020, 37:111, eff. July 29, 2020.

    126-K:4 Sale and Distribution of Tobacco Products, E-cigarettes, or E-Liquid to Persons Who Have Not Attained 21 Years of Age Prohibited. 

I. No person shall sell, give, or furnish or cause or allow or procure to be sold, given, or furnished tobacco products, e-cigarettes, or e-liquid to a person who has not attained 21 years of age. The prohibition established by this paragraph shall not be deemed to prohibit persons who have not attained 21 years of age employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, e-cigarettes, or e-liquid during the duration of their employment.

II. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee's record and counting violations that have occurred within 3 years of the date of the violation being considered.

III. In addition to the civil penalty described in paragraph II, a person who violates this section shall be guilty of a violation for a first offense and a misdemeanor for each subsequent offense.


Source. 1997, 338:8. 2000, 303:1. 2001, 280:1. 2010, 113:5, eff. July 31, 2010. 2019, 259:4, eff. July 1, 2019; 346:100, eff. Jan. 1, 2020. 2020, 37:110, eff. July 29, 2020.

    126-K:5 Distribution of Free Samples. 

I. No person may distribute or offer to distribute samples of tobacco products, e-cigarettes, or e-liquid in a public place or to a person who has not attained 21 years of age. This prohibition shall not apply to sampling:

(a) In an area to which minors are denied access.

(b) In a store to which a retailer's license has been issued.

(c) At factory sites, construction sites, conventions, trade shows, fairs, or motorsport facilities in areas to which minors are denied access.

II. The commission shall adopt rules, pursuant to RSA 541-A, concerning the distribution of free samples of tobacco products, e-cigarettes, or e-liquid to prevent their distribution to persons who have not attained 21 years of age.

III. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for the violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the sampler's license shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee's record and counting violations that have occurred within 3 years of the date of the violation being considered.


Source. 1997, 338:8. 2000, 303:2. 2001, 280:2. 2010, 113:6, eff. July 31, 2010. 2019, 346:102, eff. Jan. 1, 2020. 2020, 37:112, eff. July 29, 2020.

    126-K:6 Possession and Use of Tobacco Products, E-cigarettes, or E-Liquid by Persons Who Have Not Attained 21 Years of Age. 

I. No person under 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, or e-liquid.

II. The prohibition on possession of tobacco products, devices, e-cigarettes, or e-liquid shall not be deemed to prohibit minors employed by any manufacturer, wholesaler, sub-jobber, vending machine operator, sampler, or retailer from performing the necessary handling of tobacco products, devices, e-cigarettes, or e-liquids during the duration of their employment.

III. A person who has not attained 21 years of age shall not misrepresent his or her age for the purpose of purchasing tobacco products.

IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services.

V. Any person who has not attained 21 years of age who violates this section may be guilty of a violation and shall be punished by a fine not to exceed $100 for each offense or shall be required to complete up to 20 hours of community service for each offense, or both. Where available, punishment may also include participation in an education program.


Source. 1997, 338:8. 2010, 113:7, eff. July 31, 2010. 2019, 259:5, eff. July 1, 2019; 346:103, eff. Jan. 1, 2020. 2020, 37:113, eff. July 29, 2020. 2021, 122:13, eff. Sept. 7, 2021.

    126-K:7 Use of Tobacco Products, Devices, E-cigarettes, or E-liquids on Public Educational Facility Grounds Prohibited. 

I. No person shall use any tobacco product, device, e-cigarette, or e-liquid in any public educational facility or on the grounds of any public educational facility.

II. Any person who violates this section shall be guilty of a violation and, notwithstanding RSA 651:2, shall be punished by a fine not to exceed $100 for each offense.


Source. 1997, 338:8. 2010, 113:8, eff. July 31, 2010. 2019, 259:6, eff. July 1, 2019.

    126-K:8 Special Provisions. 

I. (a) No person shall sell, give, or furnish tobacco products, e-cigarettes, or e-liquid to a person who has not attained 21 years of age who has a note from an adult requesting such sale, gift, or delivery. Tobacco products, e-cigarettes, or e-liquid shall only be delivered to a person who provides an identification as enumerated in RSA 126-K:3 establishing that the person has attained 21 years of age.

(b) Each school shall establish a policy regarding violations of this paragraph. The policy may include, but not be limited to, mandatory education classes on the hazards of using tobacco products, e-cigarettes, or e-liquid, and suspensions and other penalties.

II. All tobacco products shall be sold in their original packaging bearing the Surgeon General's warning.

III. The sale of single cigarettes is prohibited.

IV. Violations of this section shall be civil infractions punishable by administrative action of the commission against the licensee. The fines for violations of this section shall not exceed $250 for the first offense and $500 for the second offense. For the third offense, the commission shall issue a letter of warning detailing necessary corrective actions and an administrative fine ranging from $500 to $1,500. In addition, the license to sell tobacco products of the manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer where the offense occurred shall be suspended for a period of 10 consecutive days and not exceeding 30 consecutive days. For the fourth offense, the commission shall issue either an administrative fine and a suspension of a minimum of 10 consecutive days not to exceed 40 consecutive days, or a suspension. The administrative fine shall range from $750 to $3,000 while any suspension without a fine shall be 40 consecutive days. For any violation beyond the fourth, the commission shall revoke any license for the business or business entity at the location where the infraction occurred or any principal thereof for a period of one year from the date of revocation. The commission shall determine the level of the violation by reviewing the licensee's record and counting violations that have occurred within 3 years of the date of the violation being considered.

V. In addition to the civil penalty described in paragraph IV, a person who violates this section shall be guilty of a violation for the first offense and a misdemeanor for each subsequent offense.


Source. 1997, 338:8. 2000, 303:3. 2001, 280:3. 2010, 113:9, eff. July 31, 2010. 2019, 259:7, eff. July 1, 2019; 346:104, eff. Jan. 1, 2020. 2020, 37:114, eff. July 29, 2020.

    126-K:9 Enforcement Authority. 

The commission shall have the primary responsibility for enforcing this chapter. Local, county, and state law enforcement officers shall also have jurisdiction to enforce this chapter. Such authority may be delegated to agents working under their authority.


Source. 1997, 338:8, eff. Jan. 1, 1998.

    126-M:1 Purpose;  Intent. 

I. The general court recognizes:

(a) That children are the future of New Hampshire.

(b) That prevention and early intervention services to prospective parents, parents with very young children, and adolescents who will inevitably become parents have a positive effect on their own and their children's wholesome development and success.

(c) That New Hampshire cannot afford the enormous human and financial costs associated with child abuse and neglect, low birth weight babies, and poor school performance which crisis management efforts in many cases and in the long run can neither remedy nor alleviate.

(d) That, as programs in many states around the country and in other nations have demonstrated, investment in prevention and early intervention services save future costs, including the costs of lost productivity and lost taxes, by reducing the need for corrective programs, incarceration, out-of-home placements, special education, and other remedial services particularly for disadvantaged families and families with young children who are at risk medically, socially, and educationally.

(e) That primary prevention and family support services are most effectively provided at the community level with coordination, encouragement, and financial help from the state.

(f) That public expectations of government performance are rising, as are demands for reducing both public and social costs, and that taxpayers increasingly want social programs in particular to be delivered more effectively, to be more efficient and responsive, and to demonstrate measurable progress in improving both individual and community wellbeing.

II. The intent of this act is to encourage, facilitate, and promote primary prevention and early intervention efforts of the state and local communities by creating and supporting a formal network of family resource centers as the basis for moving the state toward a more comprehensive strategy to improve the health and wellbeing of New Hampshire's children and families.


Source. 1999, 276:1, eff. July 1, 1999. 2015, 117:1, eff. Aug. 7, 2015.

    126-M:2 Definitions. 

In this chapter:

I. "Wellness and primary prevention services" may include, but are not limited to:

(a) Parenting education.

(b) Parent support groups.

(c) Developmentally appropriate infant and toddler care.

(d) Play groups for families with young children.

(e) Home visiting.

(f) Before and after school programs.

(g) Tutoring.

(h) Mentoring.

(i) Job readiness.

(j) Literacy and educational opportunities.

(k) Skill building.

(l) Health and developmental screenings for children.

(m) Information and referral.

(n) Outreach and community development initiatives.

(o) Recreational opportunities.

(p) Health promotion.

(q) Illness and injury prevention.

(r) Community service and diversion activities.

(s) Substance misuse information, supports, and referral.

II. "Family resource centers" means places in communities that are open to all families to provide wellness and primary prevention services and that partner with families to empower them so that families and communities thrive.

III. "
Family resource center of quality
" means those family resource centers which have met the criteria required for designation by the council.

IV. "
Two-generation approach
" means an approach which focuses on creating opportunities for and addressing needs of both vulnerable parents and children together. Services consistent with the 2-generation approach include, but are not limited to, the following:

(a) Parenting support and education.

(b) Opportunities that promote social interaction for children and youth, parents, and other caregivers.

(c) Supports for children birth to age 5.

(d) Health information and referral, including developmental screening.

(e) Substance misuse support and referral.

(f) Family economic success supports, including facilitating access to concrete resources.


Source. 1999, 276:1, eff. July 1, 1999. 2015, 117:2, eff. Aug. 7, 2015. 2017, 167:1, 2, eff. June 28, 2017.

    126-M:3 Wellness and Primary Prevention Council Established;  Membership;  Terms of Office;  Organization;  Meetings. 

I. There is hereby established a wellness and primary prevention council which shall consist of the following members:

(a) Six members appointed by the governor, 4 of whom shall be representatives of family resource centers from geographically distinct areas, one of whom shall be a medical provider, and one of whom shall be a parent or consumer.

(b) One member of the house of representatives, appointed by the speaker of the house of representatives.

(c) One member of the senate, appointed by the president of the senate.

(d) The commissioner of the department of corrections, or designee.

(e) The commissioner of the department of education, or designee.

(f) The director of the division for children, youth, and families, department of health and human services, or designee.

(g) The director of the division of public health services, department of health and human services, or designee.

(h) The director of the New Hampshire Early Childhood Advisory Council, or designee.

(i) The executive director of the New Hampshire Children's Trust, or designee.

(j) The president of Family Support New Hampshire, or designee.

(k) The director of the New Hampshire Coalition Against Domestic and Sexual Violence, or designee.

(l) The executive director of New Futures, or designee.

(m) A representative of the National Alliance on Mental Illness New Hampshire, appointed by the alliance.

(n) A law enforcement officer, nominated by the wellness and primary prevention council, appointed by the governor.

II. The term of each member in subparagraphs (b) through (g) shall be coterminous with their term of office. The terms of the remaining members shall be for 3 years. Vacancies shall be filled for the remainder of the term in the same manner and from the same group as the original appointment.

III. (a) The council shall elect a chairperson and vice-chairperson from among its membership. The council shall establish rules of order and procedure, including quorum requirements, at its first meeting.

(b) Council members shall serve without compensation, provided that legislative members of the council shall receive mileage at the legislative rate when attending to the business of the council.

(c) After consultation with the council, the department of health and human services shall, to the extent of available funds, provide a coordinator of wellness and primary prevention programs, to assist the council in the performance of its duties. The department of health and human services shall provide information and administrative support to the council as the department may deem reasonable.

IV. The council shall meet at least monthly during its first year, then at least quarterly thereafter. The council shall convene at the call of the chair when deemed necessary by the chairperson.


Source. 1999, 276:1, eff. July 1, 1999. 2015, 117:3, 4, eff. Aug. 7, 2015. 2016, 285:1, eff. Aug. 20, 2016. 2018, 49:1, 2, II, eff. July 14, 2018. 2019, 25:1, eff. July 14, 2019.

    126-M:4 Duties. 

The council shall facilitate the development and delivery of wellness and primary prevention services by:

I. Identifying, redirecting, and developing appropriate federal, state, and private funding sources to ensure to the extent possible that:

(a) Existing family resource centers and other community programs providing wellness and primary prevention services for families and children are able to continue to provide quality programs, develop mechanisms to collaborate with each other, and monitor progress in their ability to promote the health and development of the families and children in their communities; and

(b) Communities wishing to develop similar programs and collaborations receive access to technical assistance and available funding from appropriate members of the public and private sector.

II. Assisting in the transmission of state and federal funds which are designated to be utilized in addressing issues related to the wellbeing of families and children in communities. The council may, among other things, assist executive branch agencies in contracting with family resource centers and other community programs to provide wellness and primary preventive services.

II-a. Developing standards of quality to be met to receive the designation as a family resource center of quality. An advisory group shall assist the council in assessing compliance with the standards of quality. The advisory group shall consist of council members and professionals in delivery of services associated with family resource centers. Final decisions of compliance with the criteria set forth by the council and the designation of family resource centers of quality shall be made by the council, in conjunction with the department of health and human services.

II-b. (a) With the department of health and human services, developing criteria and a selection process for the selection of a facilitating organization to administer the system of family resource centers of quality (FRCQ). The council shall study and issue a report with recommendations regarding the selection process. The council's study shall include, but not be limited to:

(1) Defining the role of the facilitating organization within the system of FRCQs.

(2) Determining the necessary duties, services, and related tasks to be provided by the facilitating organization.

(3) Reviewing and identifying any other matter deemed relevant to the development of an application process for the facilitating organization.

(b) The council shall report its recommendations to the commissioner of the department of health and human services on or before September 1, 2017.

III. Assessing, in partnership with agencies that work in cooperation with community-based family resource centers, the current statewide status and providing ongoing monitoring of the availability of family resource centers and other community programs providing wellness and primary prevention services.

IV. Compiling and reviewing research, statistical data, and other relevant information from sources within New Hampshire and around the country for purposes of advising the 3 branches of government with respect to issues confronting children and families in New Hampshire. This would include, but not be limited to, demographic data, vital statistics, "Kids Count" data, school system data, case data from the courts, the department of health and human services, the department of education, and other executive branch departments, expense information related to services and programs provided to children and families, crime records, and university research.

V. Working with existing organizations and other relevant state and private entities to develop new, and where appropriate, enhance existing mechanisms for program quality assurance, technical assistance in program development, and community databases that can be used by local communities to monitor progress toward their established goals.

VI. Serving as an institutional forum and catalyst for the discussion of issues relating to children and families through seminars, forums, special studies, and other means within the limits of available state, federal, and private funding.

VII. Providing information and recommendations to the general court, governor, executive branch departments, the courts, and other public officials, departments or agencies concerning the status and condition of children and families.


Source. 1999, 276:1, eff. July 1, 1999. 2015, 117:5, eff. Aug. 7, 2015. 2017, 167:3, eff. June 28, 2017.

    126-M:5 Report. 

The council shall submit a report no later than November 1 each year to the speaker of the house, the president of the senate, and the governor. This report may include recommendations, if any, for legislation to improve wellness and primary prevention services to children and families in New Hampshire.


Source. 1999, 276:1, eff. July 1, 1999.

    126-M:6 Receipt of Funds. 

The council is authorized to receive funds from federal and state agencies and programs, private entities, charitable entities, and any other source.


Source. 1999, 276:1, eff. July 1, 1999.

    126-N:1 Purpose. 

The purpose of this chapter is to recognize the effectiveness of mutual peer supports to the capacity of individuals with disabilities to participate fully in the workforce, in their families, and in the life of their community.


Source. 2000, 100:1, eff. Jan. 1, 2001.

    126-N:2 Definitions. 

In this chapter:

I. "
Commissioner
" means the commissioner of the department of health and human services.

II. "
Department
" means the department of health and human services.


Source. 2000, 100:1, eff. Jan. 1, 2001.

    126-N:3 Peer Support Programs. 

The commissioner shall establish within the department peer support programs. Peer support programs shall:

I. Foster the self advocacy skills, autonomy, and independence of individuals who receive services from the department.

II. Ensure that individuals with disabilities are informed and involved in system-wide service planning, program evaluation, and educational and training activities.

III. Provide information, networking, and assistance to local self advocacy and peer support organizations and activities.

IV. Offer training and technical assistance to individuals with disabilities to advocate on their own behalf with regard to their health care and private managed care systems.

V. Undertake other activities to foster the goals of this chapter.


Source. 2000, 100:1, eff. Jan. 1, 2001.

    126-N:4 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the proper administration of this chapter.


Source. 2000, 100:1, eff. Jan. 1, 2001.

    126-P:1 Definitions. 

In this chapter:

I. "
Commissioner
" means the commissioner of the department of health and human services.

II. "
Department
" means the department of health and human services.

II-a. "
Family mutual support organization
" means a nonprofit corporation that provides family mutual support services, as defined in paragraph III and further described in RSA 126-P:2, III and IV.

III. "Family mutual support services" that is, families helping families, include, but are not limited to, culturally relevant, family-focused educational, informational, referral, and advocacy services that support families in their roles as primary caregivers for adults and children with mental conditions and that help families navigate through the multiple service systems they encounter.

IV. "
Mental conditions
" means mental disorders as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association (DSM), excluding those disorders designated by a "V Code" in the DSM.


Source. 2001, 140:2. 2005, 177:20, eff. July 1, 2005.

    126-P:2 Family Mutual Support Services. 

I. The department shall establish family mutual support organizations to utilize their skills and experiences to help improve treatment planning processes, treatment delivery systems, and treatment evaluation as well as quality improvement activities of the department. Family members shall be included on advisory boards, statewide planning committees, regional quality improvement teams, and research design and program evaluation committees.

II. All services to families, whether provided by clinicians or family mutual support organizations, shall be provided in a manner that develops comprehensive, culturally responsive support to families in their role as primary caregivers of adults and children with mental conditions.

III. Family mutual support services shall include statewide education and training activities to individuals with mental conditions and shall support families in their roles as primary caregivers of adults and children with mental conditions. Further, family mutual support services shall assist family members of persons with mental conditions to acquire the skills and knowledge necessary to navigate the complexities of multiple service systems, and to facilitate family support groups in community mental health program regions.

IV. Family mutual support services shall include statewide education to the public about mental illness to reduce the stigma associated with mental conditions and their impact on individuals and their families.

V. The New Hampshire developmental disabilities council shall assist the department in developing any requests for proposals for family mutual support services, which shall include adult services, before they are released for competitive bidding, and shall participate in selection.


Source. 2001, 140:2. 2007, 263:53, eff. July 1, 2007.

    126-P:3 Administration. 

The department shall administer this chapter and shall coordinate family mutual support services with existing services for individuals with mental conditions and their families.


Source. 2001, 140:2, eff. Aug. 28, 2001.

    126-P:4 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the proper administration of this chapter.


Source. 2001, 140:2, eff. Aug. 28, 2001.

    126-Q:1 Definitions. 

In this chapter:

I. "
Assessable coverage
" means:

(a) Health coverage as defined in RSA 420-G:2, IX;

(b) Stop loss coverage that conforms with RSA 415-H:3, or other group excess loss insurance purchased against the risk that any particular claim, or total liability, will exceed a specified dollar amount; or

(c) Group health plan, as defined by 42 U.S.C. 300gg-91(a).

II. "
Assessable entity
" means any:

(a) Health maintenance organization, as defined by RSA 420-B:1, VI.

(b) Third party administrator, as defined by RSA 402-H:1, I.

(c) Entity providing administrator services and required to register with the insurance commissioner under RSA 402-H:11-a or RSA 402-H:11-b.

(d) Insurance company licensed pursuant to RSA 401:1, IV.

(e) Health service corporation, as defined by RSA 420-A:1, III.

III. "
Assessable lives
" means all children under 19 years of age residing in the state who have assessable coverage written or administered by an assessable entity, with the exception of children whose vaccines are paid for under the federal Vaccines for Children program, established under 42 U.S.C. section 1396s.

IV. "
Assessment
" means the assessable entity's liability with respect to childhood vaccines determined in accordance with this chapter. For purposes of rate setting and medical loss ratio calculations, all association assessments are considered pharmaceutical or medical benefit costs and not regulatory costs. In the event of any insolvency or similar proceeding affecting any payer, assessments shall be included in the highest priority of obligations to be paid by or on behalf of such payer.

V. "
Association
" means the New Hampshire vaccine association.

VI. "
Board
" means the board of directors of the New Hampshire vaccine association.

VII. "
Commissioner
" means the commissioner of the department of health and human services.

VIII. "
Estimated vaccine cost
" means the estimated cost to the state over the course of a state fiscal year of the purchase, distribution, and administration of vaccines purchased at the federal discount rate by the department of health and human services.

IX. "
Provider
" means a person licensed by this state to provide health care services to persons or a partnership or corporation made up of those persons.

X. "
Total non-federal program cost
" means the estimated vaccine cost less the amount of federal revenue available to the state for the purchase, distribution, and administration of vaccines.

XI. "
Vaccine
" means any preparations of killed microorganisms, living attenuated organisms, or living fully virulent organisms that are approved by the federal Food and Drug Administration and recommended by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention and have been authorized by the commissioner of the department of health and human services for administration to children of the state of New Hampshire under the age of 19 years for the purposes of producing or artificially increasing immunity to particular life-threatening and disabling diseases.


Source. 2002, 279:2. 2008, 375:17. 2013, 260:1, eff. July 24, 2013. 2015, 276:154, eff. July 1, 2015.

    126-Q:2 Creation of Association. 

There is hereby created a nonprofit corporation to be known as the New Hampshire vaccine association. The association is formed to assess assessable entities for the cost of vaccines provided to certain children in New Hampshire.


Source. 2002, 279:2. 2013, 260:2, eff. July 24, 2013.

    126-Q:3 Membership, Powers, and Duties of the New Hampshire Vaccine Association. 

I. The New Hampshire vaccine association shall be comprised of all assessable entities.

II. The New Hampshire vaccine association shall be a not-for-profit, voluntary corporation under RSA 292 and shall possess all general powers of a not-for-profit corporation.

III. The board of directors shall include:

(a) Three representatives selected from the assessable entities currently writing, maintaining, or administering assessable coverage through a voting process where votes are based on assessable lives. The plan of operation shall provide details for this selection process.

(b) Two health care provider representatives appointed by the commissioner.

(c) The commissioner of the department of health and human services, who shall serve as an ex-officio member.

(d) The commissioner of the department of insurance who shall serve as an ex-officio member.

(e) One member appointed by the governor and council who shall represent self-insured entities.

(f) One public member appointed by the speaker of the house of representatives.

(g) One public member appointed by the president of the senate.

IV. The directors' terms and appointments shall be specified in the plan of operation adopted by the New Hampshire vaccine association.

V. The board of directors of the association shall:

(a) Prepare and adopt articles of association and bylaws.

(b) Prepare and adopt a plan of operation.

(c) Submit the plan of operation to the commissioner of insurance for approval after the consultation with the commissioner.

(d) Conduct all activities in accordance with the approved plan of operation.

(e) On an annual basis, no later than November 1 of each year, establish the amount of the assessment for the succeeding year.

(f) Enter into contracts as necessary or proper to collect and disburse the assessment.

(g) Enter into contracts as necessary or proper to administer the plan of operation.

(h) Sue or be sued, including taking any legal action necessary or proper for the recovery of any assessment for, on behalf of, or against members of the association or other participating person.

(i) Appoint from among its directors, committees as necessary to provide technical assistance in the operation of the association, including the hiring of independent consultants as necessary.

(j) Determine an assessment amount and collect payments from assessed entities in accordance with RSA 126-Q:4.

(k) Submit an annual report to the commissioner of insurance, in a manner and form determined by the commissioner, listing the association membership base, providing a count of assessable lives by assessable entity, identifying changes in assessable lives by assessable entity, describing the collection of assessments, listing payment delinquencies, and containing such other related information as the commissioner may require.

(l) Allow each assessable entity up to 45 days after the closing of each calendar quarter to report its assessable lives and remit its corresponding assessment amount as calculated pursuant to RSA 126-Q:4.

(m) Collect assessments from assessable entities as calculated under RSA 126-Q:4 and deposit said assessments less the association's administrative costs annually and reserves with the state treasurer to the credit of the vaccine purchase fund established pursuant to RSA 141-C:17-a. At the written request of the association following a majority vote of the board of directors, any funds forwarded to the state treasurer for the vaccine purchase fund remaining unexpended for childhood vaccines, shall promptly be returned to the association.

(n) Be authorized to enter into one or more agreements with other applicable authorities in surrounding states to reduce the risk of duplicate assessments and to assure availability of vaccines for children who are residents of this state but who receive vaccination services in other states. Any costs relating to any such agreement shall be considered additional vaccine costs of the program for purposes of determining the association's assessments.

(o) Adopt procedures by which affiliated assessable entities calculate their assessment on an aggregate basis and procedures to ensure that no assessable life is counted more than once. Unless otherwise determined by the board, the assessable entity responsible for the payment of the provider's administrative costs for childhood vaccines shall be the entity responsible for reporting assessable lives and payment of the corresponding assessment.

(p) Submit an annual report regarding the association's activities, its financial reports, and any newly-approved vaccines adopted by the department of health and human services to the president of the senate, the speaker of the house of representatives, and the governor.

(q) Perform any other functions as may be necessary or proper to carry out the plan of operation.


Source. 2002, 279:2. 2008, 375:1, 12-14. 2013, 260:3-5. 2014, 199:1, 2, eff. July 11, 2014.

    126-Q:4 Assessment Determination. 

I. The board shall determine an assessment for each assessable entity in accordance with this section, except that no assessment shall be made based on children excluded from assessable lives whose vaccines are paid for under the federal Vaccines for Children program, established under 42 U.S.C. section 1396s. An assessment determination made pursuant to this section is a pharmaceutical cost and not a regulatory cost for purposes of calculating the carrier's medical loss ratio.

II. In determining the assessment amount, the board shall:

(a) Estimate the total non-federal program cost for the succeeding year;

(b) Add its anticipated operating costs for the succeeding year and such additional working capital reserves as may be established by the board from time to time;

(c) Add a reserve of up to 10 percent of the anticipated cost under subparagraph (a) for unanticipated costs associated with providing vaccines to children covered; and

(d) Subtract the amount of any unexpended assessments collected in the preceding year along with any unexpended interest accrued to the fund during the preceding year.

III. The board shall include in its plan of operations, details regarding the timing for assessment collections, and the form and format assessable entities shall use to calculate assessments.

IV. The board shall include in its plan of operation details regarding payment due dates, grace periods, late payment fees, interest, and other details regarding the collection of assessments.

V. The board may determine an interim assessment for new vaccines or unanticipated shortfalls in the association's ability to meet childhood vaccine funding needs. The board shall calculate the interim assessment in accordance with paragraph II, and the interim assessment is payable the calendar quarter that begins no less than 30 days following the establishment of the federal contract price. The board shall not impose more than one interim assessment per year, except in the case of a public health emergency declared in accordance with state or federal law.

VI. In the event that the association discontinues operation for any reason, any unexpended assessments, including unexpended funds from prior assessments in the state vaccine purchase fund, shall be refunded to payees in proportion to the respective assessment payments by payees over the most recent 8 quarters prior to discontinuation of association operations.


Source. 2002, 279:2. 2005, 177:112. 2008, 375:15. 2013, 260:6, eff. July 24, 2013. 2015, 276:155, eff. July 1, 2015.

    126-Q:5 Powers and Duties. 

In addition to the duties and powers enumerated elsewhere in this chapter:

I. The commissioner of insurance shall, after notice from the association, issue a show cause order to any assessable entity that fails to comply with the association's plan of operation. In addition to late fees and other penalties imposed by the association, assessable entities may, after a finding of just cause, be subject to a minimum fine of $5,000, a maximum fine of 25 percent of the total amount of delinquent assessments, and licensure suspension.

I-a. The insurance commissioner shall annually review the assessment report required under RSA 126-Q:3, V(k) to ensure that all assessable entities are participating in the association and that all assessable entities have accurately reported assessable lives. The association shall remedy any problem identified by the commissioner with respect to assessable entities and assessable lives.

II. The commissioner and the commissioner of insurance may adopt rules, pursuant to RSA 541-A, as necessary to carry out the purposes of this chapter.


Source. 2002, 279:2. 2008, 375:2, 16. 2013, 260:7, eff. July 24, 2013.

    126-Q:6 Examinations and Annual Reports. 

The board of directors shall submit to the commissioner, no later than 120 days after the close of the association's fiscal year, a financial report in a form approved by the commissioner.


Source. 2002, 279:2, eff. June 17, 2002.

    126-Q:7 Exemption From Taxes. 

The association shall be exempt from payment of all fees and all taxes levied by this state or any of its subdivisions, except taxes levied on real property.


Source. 2002, 279:2, eff. June 17, 2002.

    126-Q:8 Immunity From Liability. 

There shall be no liability on the part of and no cause of action of any nature shall arise against any association member or its agents or employees, the association or its agents or employees, members of the board of directors, or the commissioner or the commissioner's representatives, for any action or omission by them in the performance of their powers and duties under this chapter.


Source. 2002, 279:2, eff. June 17, 2002.

    126-Q:9 Severability of Chapter. 

If any provisions of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.


Source. 2002, 279:2, eff. June 17, 2002.

    126-R:1 Definitions. 

In this chapter:

I. "
Council
" means the New Hampshire council on suicide prevention.

II. "
Plan
" means the New Hampshire suicide prevention plan.


Source. 2008, 265:2, eff. Aug. 25, 2008.

    126-R:2 Council Established;  Duties. 

There is hereby established the New Hampshire council on suicide prevention to oversee the implementation of the New Hampshire suicide prevention plan. The council shall ensure the continued effectiveness of the plan by evaluating its implementation, producing progress reports, and recommending program changes, initiatives, funding opportunities, and new priorities to update the plan. The council shall also be a proponent for suicide prevention in New Hampshire.


Source. 2008, 265:2, eff. Aug. 25, 2008.

    126-R:3 Membership of the Council. 

I. The members of the council shall be as follows:

(a) One member of the senate, appointed by the president of the senate.

(b) Two members of the house of representatives who shall be members of the health, human services and elderly affairs committee, appointed by the speaker of the house of representatives.

(c) The commissioner of the department of health and human services, or designee, appointed by the commissioner.

(d) The commissioner of the department of education, or designee.

(e) The commissioner of the department of safety, or designee, appointed by the commissioner.

(f) The commissioner of the department of corrections, or designee.

(g) The chief medical examiner, or designee.

(h) The adjutant general, or designee.

(i) A representative of the Injury Prevention Center, Dartmouth-Hitchcock Medical Center, appointed by the president of the medical center.

(j) A representative of the National Alliance on Mental Illness, appointed by the alliance.

(k) A representative of the New Hampshire Disability Rights Center, appointed by the center.

(l) A member of the commission to develop a comprehensive state mental health plan, established by 2005, 175:15, appointed by the chairperson of the commission.

(m) A representative of the Bi-State Primary Care Association, appointed by the association.

(n) A representative of the Endowment for Health, appointed by the endowment.

(o) A representative of the New Hampshire Hospital Association, appointed by the association.

(p) A representative of the New Hampshire Community Behavioral Health Association, appointed by the association.

(q) A representative of New Futures, appointed by the organization.

(r) A person representing families who have lost a loved one to suicide, appointed by the governor.

(s) A person representing the youth community, appointed by the governor.

(t) A person representing the older adult community, appointed by the governor.

(u) A person representing the clergy, appointed by the governor.

(v) A physician, appointed by the New Hampshire Medical Society.

(w) A county corrections superintendent, appointed by the New Hampshire Association of Counties.

II. (a) The term of office for each member appointed under subparagraphs I(i)-(w) shall be 2 years, or until a successor is appointed and qualified in the case of a vacancy. The term of office for all other members shall be coterminous with the term of office for the position that qualifies that member to serve on the advisory council. A vacancy shall be filled in the same manner, but only for the unexpired term.

(b) The council shall, at its organizational meeting, elect a voting member to serve as chairperson for a 2-year term, or until a successor is elected and qualified. The council shall also elect a vice-chairperson and a clerk at the organizational meeting.

(c) No member shall receive any compensation for serving on the council, provided that the legislative members shall receive legislative mileage when in performance of their duties.

III. (a) To assist the council in the performance of its duties, the council chairperson shall create committees. The chairperson shall initially create committees to address the following issues:

(1) Education and training.

(2) Public policy.

(3) Communication and media.

(4) Professional practice.

(5) Data committee.

(6) Garrett Lee Smith advisory committee.

(7) Other special projects and programs.

(b) The chairperson shall appoint at least 2 council members to serve on each committee and shall designate a chairperson for each.

(c) Based upon recommendations from each committee, the council chairperson may appoint as many individuals as necessary to serve as adjunct members of each for a term of one year.

(d) Each committee shall:

(1) Develop its goals and objectives based on the plan.

(2) Identify program areas where improved coordination is needed.

IV. The council shall be administratively attached to the department of health and human services.

V. The first meeting of the council shall be called by the senate member. The first meeting of the council shall be held within 45 days of the effective date of this chapter. Fourteen members of the council shall constitute a quorum. The council shall meet at least 4 times each year and may convene public hearings as necessary to promote the goals of the council. The council shall submit an annual report to the governor, the speaker of the house of representatives, and the president of the senate by November 1 of each year regarding the activities of the council. The first annual report shall be due November 1, 2008. The annual report shall identify and prioritize unmet needs for prevention, intervention, and activities to prevent contagion and promote healing following a suicide death (postvention); indicate the progress, or lack thereof in addressing the plan; recommend initiatives to address the unmet needs in the plan; and specify the resources and any legislation necessary to support existing programs for prevention, intervention, and postvention and to develop, implement, support, and evaluate the initiatives recommended by the council.


Source. 2008, 265:2, eff. Aug. 25, 2008.

    126-R:4 Suicide Fatality Review Committee Established. 

I. There is hereby established the suicide fatality review committee, which shall be a committee of the council on suicide prevention established in RSA 126-R:2.

II. The council shall appoint members and alternate members to the suicide facility review committee. The members of the committee shall include the chief medical examiner, or his or her designee, individuals representing the health care field, organizations with expertise in suicide prevention, mental health, and substance abuse treatment and prevention, law enforcement, injury prevention, organizations or individuals who advocate for individuals and families with mental illness, survivors of suicide, and such other members as the council determines will assist the committee in fulfilling its objectives.

III. The committee shall adopt a protocol defining which suicide deaths, as determined by the office of the chief medical examiner, shall be reported to the committee and subject to review, and which suicide deaths may be screened out for review. The committee may also review deaths which are ruled as accidental which may inform suicide prevention efforts. The committee shall not review any case where there is pending litigation. The committee may establish different levels of review, such as comprehensive or more limited review, depending on the nature of the incident or the purpose of the review.

IV. The committee shall:

(a) Review suicide deaths in New Hampshire to determine trends, risk factors, and prevention strategies.

(b) Determine and report on trends and patterns of suicide deaths in New Hampshire.

(c) Identify and evaluate the prevalence of risk factors for preventable deaths in New Hampshire.

(d) Evaluate and report on high risk factors, current practices, gaps in systematic responses, and barriers to safety and well-being for individuals at risk for suicide in New Hampshire.

(e) Recommend improvements in the sources of data relative to investigating reported suicide deaths and preventing suicide.

V. Records of the committee, including testimony by persons participating in or appearing before the committee and deliberations by committee members relating to the review of any death, shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, information, documents, or records otherwise available from original sources shall not be construed as immune from discovery from the original sources or used in any such civil or administrative action merely because they were presented to the committee, and any person who appears before the committee or supplies information as part of a committee review, or who is a member of the committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her statements before the committee, participation as a member of the committee, or opinions formed by him or her or any other member of the committee, as a result of participation in a review conducted by the committee.

VI. The suicide fatality review committee shall consult and collaborate with the existing fatality review committees as appropriate.

VII. The committee shall report annually to the council, on or before the first day of September, beginning September 1, 2011, describing any trends and patterns of deaths or serious injuries or risk factors together with any recommendations for changes in law, policy, and practice that will prevent suicide deaths and related serious occurrences. The committee may also issue special reports when doing so is necessary to alert authorities or the public to the need for prompt corrective action.

VIII. The meetings and records of the committee shall be exempt from the provisions of RSA 91-A. The committee's reports shall not include any private or privileged information. Members of the committee may be required to sign a confidentiality agreement that prohibits any unauthorized dissemination of information disclosed to the committee.

IX. Members shall be appointed within 30 days of the effective date of this section, and the first meeting shall be called by the chairperson of the council, or his or her designee, within 45 days of the effective date of this section.


Source. 2010, 109:1, eff. July 31, 2010.

[RSA 126-T:1 repealed by 2010, 114:3, effective November 1, 2024.]
    126-T:1 Commission Established;  Membership. 

There is hereby established a commission on the interdisciplinary primary care workforce. The members of the commission shall be as follows:

I. One member of the house of representatives, appointed by the speaker of the house of representatives.

II. The commissioner of the department of health and human services, or designee.

III. The commissioner of the department of labor, or designee.

IV. The insurance commissioner, or designee.

V. The dean, or designee, from a public institution with a health science school, appointed by the president of the institution.

VI. The dean, or designee, from a private institution with a health science school, appointed by the president of the institution.

VII. A representative of the New Hampshire Medical Society, appointed by the society.

VIII. A representative of the New Hampshire Dental Society, appointed by the society.

IX. A representative of the New Hampshire Mental Health Coalition, appointed by the coalition.

X. Three representatives from the state's rural and underserved health care facilities, including 2 practitioners and one administrator, appointed by the governor.

XI. A representative of the New Hampshire Citizens Health Initiative, appointed by such organization.

XII. A representative of the New Hampshire Area Health Education Center, appointed by the organization.

XIII. A representative of the Bi-State Primary Care Association, appointed by the association.

XIV. Three at large members, nominated by the commission and appointed by the governor.

XV. A representative of the New Hampshire Nurse Practitioner Association, appointed by the association.

XVI. A representative of the New Hampshire Society of Physician Assistants Association, appointed by the association.

XVII. A representative of the New Hampshire Hospital Association, appointed by the association.

XVIII. A pharmacist, appointed by the board of pharmacy.

XIX. A nurse with experience in primary care, appointed by the New Hampshire Nurses Association.

XX. A representative of the substance use disorder treatment community, appointed by the New Hampshire Alcohol and Drug Abuse Counselors Association.


Source. 2010, 114:1. 2012, 57:1, eff. May 14, 2012. 2015, 238:1, eff. July 13, 2015. 2018, 248:1, eff. June 12, 2018. 2020, 17:2, eff. July 17, 2020.

[RSA 126-T:2 repealed by 2010, 114:3, effective November 1, 2024.]
    126-T:2 Compensation;  Chairperson. 

The members of the commission shall receive no compensation and shall not be entitled to reimbursement for expenses, but the legislative member of the commission shall receive mileage at the legislative rate when attending to the duties of the commission. The members of the commission shall choose a chairperson and vice-chairperson from among the members.


Source. 2010, 114:1, eff. June 1, 2010.

[RSA 126-T:3 repealed by 2010, 114:3, effective November 1, 2024.]
    126-T:3 Duties. 

The commission shall plan and advocate for policy changes related to maintaining and strengthening an effective primary care workforce in New Hampshire, with special concern for rural and other underserved areas. The committee's duties shall include, but not be limited to:

I. Reviewing the impact of existing policies related to strengthening New Hampshire's primary care workforce and making recommendations relative to appropriate use of funds for workforce retention, training, education, and recruitment.

II. Collecting and reviewing data and information that informs decisions and planning for the primary care workforce and looking for innovative ways for expanding New Hampshire's primary care resources including, but not limited to, interstate collaboration and the use of telehealth.

III. Assembling and disseminating in its reports, as required under RSA 126-T:4, data related to availability, accessibility, and effectiveness of primary care in New Hampshire, with special attention to such data in rural and underserved areas of the state in order to inform state policy and planning.

IV. Exploring and developing strategies to further the integration of primary care, oral health, and behavioral health.


Source. 2010, 114:1, eff. June 1, 2010. 2015, 238:2, eff. July 13, 2015. 2020, 17:3, eff. July 17, 2020.

[RSA 126-T:4 repealed by 2010, 114:3, effective November 1, 2024.]
    126-T:4 Reports. 

The commission shall make an interim report on November 1, 2020 which shall focus on the status of the New Hampshire state loan repayment program and the New Hampshire division of public health service's health professions survey, and a final report on November 1, 2024, including its findings and any recommendations for proposed legislation, to the speaker of the house of representatives, the president of the senate, the governor, the oversight committee on health and human services, and the chairpersons of the senate and house executive departments and administration committees.


Source. 2010, 114:1, eff. June 1, 2010. 2015, 238:3, eff. July 13, 2015. 2018, 248:2, eff. June 12, 2018. 2020, 17:4, eff. July 17, 2020.

[RSA 126-T:5 repealed by 2010, 114:3, effective November 1, 2024.]
    126-T:5 Authority to Accept Gifts. 

The commission may accept any gifts, donations, or grants from any source whatsoever provided such gifts, donations, or grants shall be used exclusively in the furtherance of the duties of the commission.


Source. 2010, 114:1, eff. June 1, 2010.

    126-U:1-a Limitations of Child Restraint Practices. 

The department of education and the department of labor shall work cooperatively to develop consistent definitions and applications of this chapter in order to inform school administrators and employees across the state of best practices regarding restraints in schools. The department of education may utilize grant funds that are available through the department's office of student wellness for trauma-responsive training, consultation on de-escalating violent situations, and proper uses of restraint.


Source. 2020, 38:15, eff. Sept. 27, 2020.

    126-U:1 Definitions. 

In this chapter:

I. "
Child
" means a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of 17 years or due to the completion of proceedings for transfer to the adult criminal justice system under RSA 169-B:24, RSA 169-B:25, or RSA 169-B:26. "
Child
" also includes a person in actual attendance at a school who is less than 22 years of age and who has not received a high school diploma.

II. "
Director
" refers to the program director, school principal, or other official highest in rank and with authority over the activities of a school or facility.

III. "
Facility
" includes any of the following when used for the placement, custody, or treatment of children:

(a) The youth services center maintained by the department of health and human services, or any other setting established for the commitment or detention of children pursuant to RSA 169-B, RSA 169-C, or RSA 169-D.

(b) Child care agencies regulated by RSA 170-E.

(c) Any foster home, group home, crisis home, or shelter care setting used for the placement of children at any stage of proceedings under RSA 169-B, RSA 169-C, or RSA 169-D or following disposition under those chapters.

(d) Any hospital, building, or other place, whether public or private, which is part of the state services systems established under RSA 135-C:3 and RSA 171-A:4, including but not limited to:

(1) Facilities providing inpatient psychiatric treatment within the state mental health system.

(2) The acute psychiatric services building.

(3) Any designated receiving facility.

(4) A community mental health center as defined in RSA 135-C:7, or any of its subdivisions or contractors.

(5) An area agency as defined in RSA 171-A:2, or any of its subdivisions or contractors.

(e) Any residence, treatment center, or other place used for the voluntary or involuntary custody, treatment or care of children with developmental, intellectual, or other disabilities under RSA 171-A or 171-B.

(f) Community living facilities for persons with developmental disabilities or mental illness as authorized by RSA 126-A:19, when used for the placement of children.

IV. "
Restraint
" means bodily physical restriction, mechanical devices, or any device that immobilizes a person or restricts the freedom of movement of the torso, head, arms, or legs. It includes mechanical restraint, physical restraint, and medication restraint used to control behavior in an emergency or any involuntary medication. It is limited to actions taken by persons who are school or facility staff members, contractors, or otherwise under the control or direction of a school or facility.

(a) "Medication restraint" occurs when a child is given medication involuntarily for the purpose of immediate control of the child's behavior.

(b) "Mechanical restraint" occurs when a physical device or devices are used to restrict the movement of a child or the movement or normal function of a portion of his or her body.

(c) "Physical restraint" occurs when a manual method is used to restrict a child's freedom of movement or normal access to his or her body.

(d) Restraint shall not include:

(1) Brief touching or holding to calm, comfort, encourage, or guide a child, so long as limitation of freedom of movement of the child does not occur.

(2) The temporary holding of the hand, wrist, arm, shoulder, or back for the purpose of inducing a child to stand, if necessary, and then walk to a safe location, so long as the child is in an upright position and moving toward a safe location.

(3) Physical devices, such as orthopedically prescribed appliances, surgical dressings and bandages, and supportive body bands, or other physical holding when necessary for routine physical examinations and tests or for orthopedic, surgical, and other similar medical treatment purposes, or when used to provide support for the achievement of functional body position or proper balance or to protect a person from falling out of bed, or to permit a child to participate in activities without the risk of physical harm.

(4) The use of seat belts, safety belts, or similar passenger restraints during the transportation of a child in a motor vehicle.

(5) The use of force by a person to defend himself or herself or a third person from what the actor reasonably believes to be the imminent use of unlawful force by a child, when the actor uses a degree of such force which he or she reasonably believes to be necessary for such purpose and the actor does not immobilize a child or restrict the freedom of movement of the torso, head, arms, or legs of any child.

V. "
School
" means:

(a) A school operated by a school district.

(b) A chartered public school governed by RSA 194-B.

(c) A public academy as defined in RSA 194:23, II.

(d) A nonpublic school subject to the approval authority of the state board of education under RSA 186:11, XXIX.

(e) A private or public provider of any component of a child's individualized education program under RSA 186-C.

V-a. "
Seclusion
" means the involuntary placement of a child alone in a place where no other person is present and from which the particular child is unable to exit, either due to physical manipulation by a person, a lock, or other mechanical device or barrier. The term shall not include the voluntary separation of a child from a stressful environment for the purpose of allowing the child to regain self-control, when such separation is to an area which a child is able to leave. Seclusion does not include circumstances in which there is no physical barrier between the child and any other person or the child is physically able to leave the place. A circumstance may be considered seclusion even if a window or other device for visual observation is present, if the other elements of this definition are satisfied.

VI. "
Serious injury
" means any harm to the body which requires hospitalization or results in the fracture of any bone, non-superficial lacerations, injury to any internal organ, second- or third-degree burns, or any severe, permanent, or protracted loss of or impairment to the health or function of any part of the body.


Source. 2010, 375:2. 2014, 324:1-3, eff. Sept. 30, 2014. 2022, 272:38, eff. June 24, 2022.

    126-U:10 Injury or Death During Incidents of Restraint or Seclusion. 

I. In cases involving serious injury or death to a child subject to restraint or seclusion in a facility, the facility shall, in addition to the provisions of RSA 126-U:7, notify the commissioner of the department of health and human services, the attorney general, and the state's federally-designated protection and advocacy agency for individuals with disabilities. Such notice shall include the notification required in RSA 126-U:7, II. The department of health and human services shall annually notify facilities of their responsibilities under this section and provide contact information for the persons to be notified.

II. In cases involving serious injury or death to a child subject to restraint or seclusion in a school, the school shall, in addition to the provisions of RSA 126-U:7, notify the commissioner of the department of education, the attorney general, and the state's federally-designated protection and advocacy agency for individuals with disabilities. Such notice shall include the written notification required in RSA 126-U:7, II. The department of education shall annually notify schools of their responsibilities under this section and provide contact information for the persons to be notified.


Source. 2010, 375:2. 2014, 324:8, eff. Sept. 30, 2014.

    126-U:11 Authorization and Monitoring of Extended Restraint. 

In a school or facility:

I. Restraint shall not be imposed for longer than is necessary to protect the child or others from the substantial and imminent risk of serious bodily harm.

II. Children in restraint shall be the subject of continuous direct observation by personnel trained in the safe use of restraint.

III. No period of restraint of a child may exceed 15 minutes without the approval of the director or a supervisory employee designated by the director to provide such approval.

IV. No period of restraint of a child may exceed 30 minutes unless a face-to-face assessment of the mental, emotional, and physical well-being of the child is conducted by the facility or school director or by a supervisory employee designated by the director who is trained to conduct such assessments. The assessment shall also include a determination of whether the restraint is being conducted safely and for a purpose authorized by this chapter. Such assessments shall be repeated at least every 30 minutes during the period of restraint. Each such assessment shall be documented in writing and such records shall be retained by the facility or school as part of the written notification required in RSA 126-U:7, II.


Source. 2010, 375:2, eff. Sept. 1, 2010.

    126-U:12 Restriction of the Use of Mechanical Restraint During the Transport of Children. 

I. A school or facility shall not use mechanical restraints during the transportation of children unless case-specific circumstances dictate that such methods are necessary.

II. Whenever a child is transported to a location outside a school or facility, the director shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort the child in a manner which:

(a) Prevents physical and psychological trauma;

(b) Respects the privacy of the child; and

(c) Represents the least restrictive means necessary for the safety of the child.

III. Whenever a child is transported using mechanical restraints, the director shall document in writing the reasons for the use of mechanical restraints. Such documentation shall be treated as a notification of restraint under RSA 126-U:7.


Source. 2010, 375:2, eff. Sept. 1, 2010.

    126-U:13 Restriction of the Use of Mechanical Restraint in Courtrooms. 

At any hearing under RSA 169-B, RSA 169-C, or RSA 169-D, the judge may subject a child to mechanical restraint in the courtroom only when the judge finds the restraint to be reasonably necessary to maintain order, prevent the child's escape, or provide for the safety of the courtroom. Whenever practical, the judge shall provide the child and the child's attorney an opportunity to be heard to contest the use of mechanical restraint before the judge orders its use. If mechanical restraint is ordered, the judge shall make written findings of fact in support of the order.


Source. 2010, 375:2, eff. Sept. 1, 2010.

    126-U:14 School Review Following the Use of Restraint or Seclusion. 

Upon information that restraint or seclusion has been used for the first time upon a child with a disability as defined in RSA 186-C:2, I or a child who is receiving services under Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 701, and its implementing regulations, the school shall review the individual educational program and/or Section 504 plan and make such adjustments as are indicated to eliminate or reduce the future use of restraint or seclusion. A parent or guardian of a child with a disability may request such a review at any time following an instance of restraint or seclusion and such request shall be granted if there have been multiple instances of restraint or seclusion since the last review.


Source. 2014, 324:9, eff. Sept. 30, 2014.

    126-U:2 Written Policies Required. 

Each facility and school shall have a written policy and procedures for managing the behavior of children. Such policy shall describe how and under what circumstances seclusion or restraint is used and shall be provided to the parent, guardian, or legal representative of each child at such facility or school.


Source. 2010, 375:2. 2014, 324:4, eff. Sept. 30, 2014.

    126-U:3 Post Admission Planning in Facilities. 

I. As soon as possible after admission to a facility, the treatment staff of the facility, the child, and the child's parent or guardian shall develop a plan to:

(a) Identify the child's history of physical, sexual, or emotional trauma, if any.

(b) Identify effective responses to potential behavior or situations which will avoid the use of seclusion and restraint.

(c) Identify health conditions which may make the child vulnerable to injury while at the facility.

II. The plan described in this section is not required if the child is expected to be at the facility for fewer than 72 hours and, after conducting a reasonable inquiry, the staff of the facility is not informed of any history of the use of seclusion or restraint of the child.


Source. 2010, 375:2. 2014, 324:4, eff. Sept. 30, 2014.

    126-U:4 Prohibition of Dangerous Restraint Techniques. 

No school or facility shall use or threaten to use any of the following restraint and behavior control techniques:

I. Any physical restraint or containment technique that:

(a) Obstructs a child's respiratory airway or impairs the child's breathing or respiratory capacity or restricts the movement required for normal breathing;

(b) Places pressure or weight on, or causes the compression of, the chest, lungs, sternum, diaphragm, back, or abdomen of a child;

(c) Obstructs the circulation of blood;

(d) Involves pushing on or into the child's mouth, nose, eyes, or any part of the face or involves covering the face or body with anything, including soft objects such as pillows, blankets, or washcloths; or

(e) Endangers a child's life or significantly exacerbates a child's medical condition.

II. The intentional infliction of pain, including the use of pain inducement to obtain compliance.

III. The intentional release of noxious, toxic, caustic, or otherwise unpleasant substances near a child for the purpose of controlling or modifying the behavior of or punishing the child.

IV. Any technique that unnecessarily subjects the child to ridicule, humiliation, or emotional trauma.


Source. 2010, 375:2, eff. Sept. 1, 2010.

    126-U:5-a Limitation on the Use of Seclusion. 

I. Seclusion may not be used as a form of punishment or discipline. It may only be used when a child's behavior poses a substantial and imminent risk of physical harm to the child or to others, and may only continue until that danger has dissipated.

II. Seclusion shall only be used by trained personnel after other approaches to the control of behavior have been attempted and been unsuccessful, or are reasonably concluded to be unlikely to succeed based on the history of actual attempts to control the behavior of a particular child.

III. Seclusion shall not be used in a manner that that unnecessarily subjects the child to the risk of ridicule, humiliation, or emotional or physical harm.


Source. 2014, 324:6, eff. Sept. 30, 2014.

    126-U:5-b Conditions of Seclusion. 

I. When permitted by this chapter, seclusion may only be imposed in rooms which:

(a) Are of a size which is appropriate for the chronological and developmental age, size, and behavior of the children placed in them.

(b) Have a ceiling height that is comparable to the ceiling height of the other rooms in the building in which they are located.

(c) Are equipped with heating, cooling, ventilation, and lighting systems that are comparable to the systems that are in use in the other rooms of the building in which they are located.

(d) Are free of any object that poses a danger to the children being placed in the rooms.

(e) Have doors which are either not equipped with locks, or are equipped with devices that automatically disengage the lock in case of an emergency. For the purposes of this subparagraph, an "emergency" includes, but is not limited to:

(1) The need to provide direct and immediate medical attention to a child;

(2) Fire;

(3) The need to remove a child to a safe location during a building lockdown; or

(4) Other critical situations that may require immediate removal of a child from seclusion to a safe location.

(f) Are equipped with unbreakable observation windows or equivalent devices to allow the safe, direct, and uninterrupted observation of every part of the room.

II. Each use of seclusion shall be directly and continuously visually and auditorially monitored by a person trained in the safe use of seclusion.


Source. 2014, 324:6, eff. Sept. 30, 2014.

    126-U:5-c Room Confinement at the Youth Development Center. 

Notwithstanding any other provision of this chapter, the youth development center may confine children in their rooms when such confinement is part of a routine practice applicable to substantial portions of the population at the center and not imposed as a consequence in response to the behavior of one or more children. Such confinement is not subject to the notice and reporting requirements of RSA 126-U:7.


Source. 2014, 324:6, eff. Sept. 30, 2014.

    126-U:5 Limitation of the Use of Restraint to Emergencies Only. 

I. Restraint shall only be used in a school or facility to ensure the immediate physical safety of persons when there is a substantial and imminent risk of serious bodily harm to the child or others. The determination of whether the use of restraint is justified under this section may be made with consideration of all relevant circumstances, including whether continued acts of violence by a child to inflict damage to property will create a substantial risk of serious bodily harm to the child or others. Restraint shall be used only by trained personnel using extreme caution when all other interventions have failed or have been deemed inappropriate.

II. Restraint shall never be used explicitly or implicitly as punishment for the behavior of a child.


Source. 2010, 375:2. 2014, 324:5, eff. Sept. 30, 2014.

    126-U:6 Schools Limited to Physical Restraint. 

Use of restraint in schools shall be limited to physical restraint as permitted by this chapter. Schools shall not use medication restraint and shall not use mechanical restraint except as otherwise permitted in the transportation of children pursuant to RSA 126-U:12.


Source. 2010, 375:2, eff. Sept. 1, 2010.

    126-U:7-a Notice and Record-Keeping Requirements for Foster Family Homes. 

Notwithstanding RSA 126-U:7, foster family homes, as defined in RSA 170-E:25, shall keep records and provide notice of incidents involving seclusion or restraint, according to rules adopted pursuant to RSA 541-A by the commissioner of the department of human services. The rules shall provide for timely notice to parents or guardians, which may be provided through the department. In cases involving serious injury or death to a child subject to seclusion or restraint in a foster home, the rules shall provide for timely notification to the commissioner of the department of health and human services, the attorney general, and the state's federally-designated protection and advocacy agency for individuals with disabilities.


Source. 2014, 324:7, eff. Sept. 30, 2014.

    126-U:7 Notice and Record-Keeping Requirements. 

I. Unless prohibited by court order, the facility or school shall, make reasonable efforts to verbally notify the child's parent or guardian and guardian ad litem whenever seclusion or restraint has been used on the child. Such notification shall be made as soon as practicable and in no event later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time.

II. A facility employee or school employee who uses seclusion or restraint, or if the facility employee or school employee is unavailable, a supervisor of such employee, shall, within 5 business days after the occurrence, submit a written notification containing the following information to the director or his or her designee:

(a) The date, time, and duration of the use of seclusion or restraint.

(b) A description of the actions of the child before, during, and after the occurrence.

(c) A description of any other relevant events preceding the use of seclusion or restraint, including the justification for initiating the use of restraint.

(d) The names of the persons involved in the occurrence.

(e) A description of the actions of the facility or school employees involved before, during, and after the occurrence.

(f) A description of any interventions used prior to the use of the seclusion or restraint.

(g) A description of the seclusion or restraint used, including any hold used and the reason the hold was necessary.

(h) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the use of seclusion or restraint.

(i) A description of any property damage associated with the occurrence.

(j) A description of actions taken to address the emotional needs of the child during and following the incident.

(k) A description of future actions to be taken to control the child's problem behaviors.

(l) The name and position of the employee completing the notification.

(m) The anticipated date of the final report.

III. Unless prohibited by court order, the director or his or her designee shall, within 2 business days of receipt of the notification required in paragraph II, send or transmit by first class mail or electronic transmission to the child's parent or guardian and the guardian ad litem the information contained in the notification. Each notification prepared under this section shall be retained by the school or facility for review in accordance with rules adopted under RSA 541-A by the state board of education and the department of health and human services.

IV. Whenever a facility or school employee has intentional physical contact with a child which is in response to a child's aggression, misconduct, or disruptive behavior, a representative of the school or facility shall make reasonable efforts to promptly notify the child's parent or guardian. Such notification shall be made no later than the time of the return of the child to the parent or guardian or the end of the business day, whichever is earlier. Notification shall be made in a manner calculated to give the parent or guardian actual notice of the incident at the earliest practicable time.

V. In any case requiring notification under paragraph IV, the school or facility shall, within 5 business days of the occurrence, prepare a written description of the incident. Such description shall include at least the following information:

(a) The date and time of the incident.

(b) A brief description of the actions of the child before, during, and after the occurrence.

(c) The names of the persons involved in the occurrence.

(d) A brief description of the actions of the facility or school employees involved before, during, and after the occurrence.

(e) A description of any injuries sustained by, and any medical care administered to, the child, employees, or others before, during, or after the incident.

VI. The notification and record-keeping requirements of paragraphs IV and V shall not apply in the following circumstances:

(a) When a child is escorted from an area by way of holding of the hand, wrist, arm, shoulder, or back to induce the child to walk to a safe location. However, if the child is actively combative, assaultive, or self-injurious while being escorted, the requirements of paragraphs IV and V shall apply.

(b) When actions are taken such as separating children from each other, inducing a child to stand, or otherwise physically preparing a child to be escorted.

(c) When the contact with the child is incidental or minor, such as for the purpose of gaining a misbehaving child's attention. However, blocking of a blow, forcible release from a grasp, or other significant and intentional physical contact with a disruptive or assaultive child shall be subject to the requirements.

(d) When an incident is subject to the requirements of paragraphs I-III.


Source. 2010, 375:2. 2014, 324:8, eff. Sept. 30, 2014.

    126-U:8 Review of Restraint Records by Department of Education. 

I. The state board of education shall adopt rules, pursuant to RSA 541-A, relative to:

(a) Periodic, regular review by the department of education of records maintained by schools relative to the use of seclusion and restraint.

(b) A process for the department of education's receipt of complaints and its conduct of investigations of improper use of seclusion and restraint in schools. The process shall provide for:

(1) Investigation of complaints regarding any violation of this chapter, regardless of whether injury results.

(2) Investigation by persons not affiliated with the school district which is the subject of the complaint.

(3) Resolution of complaints and completion of investigations within 30 days, with provision for limited extensions for good cause.

(4) Protection of children before and after completion of the investigation.

(5) Appropriate remedial measures to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of this chapter.

II. Beginning November 1, 2010, and each November 1 thereafter, the state board of education shall provide an annual report to the chairpersons of the education committees of the senate and house of representatives regarding the use of seclusion and restraint in schools. The annual report shall be prepared from the periodic, regular review of such records, and shall include the number and location of reported incidents and the status of any outstanding investigations.


Source. 2010, 375:2. 2014, 324:8, eff. Sept. 30, 2014.

    126-U:9 Review of Restraint Records by Department of Health and Human Services. 

I. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:

(a) Periodic, regular review by the department of health and human services of records maintained by facilities regarding the use of seclusion and restraint.

(b) A process for the department's receipt of complaints and its conduct of investigations of reports of improper use of seclusion and restraint in facilities, which may be through the department of health and human services, office of the ombudsman, or otherwise. The process shall provide for:

(1) Investigation of complaints regarding any violation of this chapter, regardless of whether injury results.

(2) Investigation by persons not affiliated with the facility which is the subject of the complaint.

(3) Resolution of complaints and completion of investigations within 30 days, with provision for limited extensions for good cause.

(4) Protection of children before and after completion of the investigation.

(5) Appropriate remedial measures to address physical and other injuries, protect against retaliation, and reduce the incidence of violations of this chapter.

II. Beginning November 1, 2010, and each November 1 thereafter, the commissioner of the department of health and human services shall provide an annual report to the committees of the house of representatives and the senate with jurisdiction over health and human services and over children and family law, regarding the use of seclusion and restraint in facilities. The annual report shall be based on the periodic, regular review of such records and shall include the number and location of reported incidents and the status of any outstanding investigations.


Source. 2010, 375:2. 2014, 324:8, eff. Sept. 30, 2014.

    126-V:1 Health Care Sharing Organizations. 

I. The provisions of Title XXXVII relating to health insurance shall not apply to health care sharing organizations as established under this chapter. A health care sharing organization which, through its publication to participants, solicits funds for the payment of medical expenses of other participants, shall not be considered to be engaging in the business of insurance for purposes of any provision of Title XXXVII and shall not be subject to the jurisdiction of the insurance commissioner if the requirements of this section are met.

II. In this section, a "
health care sharing organization
" means a faith-based nonprofit organization which, or a predecessor of which, has been in existence continuously and has facilitated the sharing of medical expenses of participants without interruption since December 31, 1999, that is tax-exempt pursuant to section 501(c)(3)
 of the Internal Revenue Code, which limits its participants to individuals who share a common set of ethical or religious beliefs, and whose participants share medical expenses in accordance with those beliefs.

III. A health care sharing organization:

(a) Acts as a facilitator among participants who have financial and medical needs and matches those participants with other participants with the present ability to assist those with financial and medical needs in accordance with criteria established by the health care sharing organization based on the shared ethical or religious beliefs of its participants.

(b) Provides for the financial and medical needs of participants through monetary contributions from one participant to another.

(c) Allows its participants to continue participation even after they develop a medical condition.

(d) Provides amounts that participants may contribute without any assumption of risk or promise to pay among the participants and requires no assumption of risk or promise to pay by the health care sharing organization to the participant.

(e) Provides a written monthly statement to all participants that lists the total dollar amount of qualified needs submitted to the health care sharing organization, as well as the amount actually published or assigned to participants for their contribution.

(f) Conducts an annual audit that is performed by an independent certified public accountant in accordance with generally accepted accounting principles and that is made available to the public upon request.

(g) Provides the following written disclaimer prominently on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance:

"IMPORTANT NOTICE

This organization is not an insurance company, and its product should never be considered insurance. If you join this organization instead of purchasing health insurance, you will be considered uninsured. By the terms of this agreement, whether anyone chooses to assist you with your medical bills as a participant of this organization will be totally voluntary, and neither the organization nor any participant can be compelled by law to contribute toward your medical bills. Regardless of whether you receive payment for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills. This organization is not regulated by the New Hampshire Insurance Department. You should review this organization's guidelines carefully to be sure you understand any limitations that may affect your personal medical and financial needs."


Source. 2012, 165:1, eff. Aug. 6, 2012.

    126-X:1 Definitions. 

In this chapter:

I. "
Alternative treatment center
" means a not-for-profit entity registered under RSA 126-X:7 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients, designated caregivers, other alternative treatment centers, and visiting qualifying patients.

II. "
Alternative treatment center agent
" means a principal officer, board member, employee, manager, or volunteer of an alternative treatment center who is 21 years of age or older and has not been convicted of a felony or any felony drug-related offense.

III. "
Cannabis
" means all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A.

IV. "
Cultivation location
" means a locked and enclosed site, under the control of an alternative treatment center where cannabis is cultivated, secured with one or more locks or other security devices in accordance with the provisions of this chapter.

V. "
Department
" means the department of health and human services.

VI. "
Designated caregiver
" means an individual who:

(a) Is at least 21 years of age;

(b) Has agreed to assist with one or more (not to exceed 5) qualifying patient's therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest alternative treatment center, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients;

(c) Has never been convicted of a felony or any felony drug-related offense; and

(d) Possesses a valid registry identification card issued pursuant to RSA 126-X:4.

VI-a. "
Facility caregiver
" means a residential care facility, nursing home, hospital, or hospice house licensed under RSA 151 which has agreed to allow one or more qualifying patients who are residents or patients of the facility to utilize therapeutic cannabis obtained by the resident or the resident's designated caregiver from an alternative treatment center, and which has agreed to assist such residents in the therapeutic use of their cannabis in accordance with a policy developed by the facility, and in accordance with rules adopted by the commissioner of health and human services pursuant to RSA 541-A. "Facility caregiver" shall also include community living facilities certified under RSA 126-A:19 and RSA 126-A:20.

VII. (a) "
Provider
" means:

(1) A physician licensed to prescribe drugs to humans under RSA 329 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

(2) An advanced practice registered nurse licensed pursuant to RSA 326-B:18 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances; 

(3) A physician or advanced practice registered nurse licensed to prescribe drugs to humans under the relevant state licensing laws in Maine, Massachusetts, or Vermont and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient's care related to his or her qualifying medical condition; or

(4) A physician assistant licensed pursuant to RSA 328-D and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances, with the express consent of the supervising physician.

(b) For a visiting qualifying patient, "
provider
" means an individual licensed to prescribe drugs to humans in the state of the patient's residence and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances. 

VIII. "
Provider-patient relationship
" means a medical relationship between a licensed provider and a patient that includes an in-person exam, a history, a diagnosis, and a treatment plan appropriate for the licensee's medical specialty.

IX. (a) "
Qualifying medical condition
" means the presence of:

(1) Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, muscular dystrophy, Crohn's disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson's disease, Alzheimer's disease, ulcerative colitis, Ehlers-Danlos syndrome, or one or more injuries or conditions that has resulted in one or more qualifying symptoms under subparagraph (2); and

(2) A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer's disease, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, severe, persistent muscle spasms, or moderate to severe insomnia; or

(b) "
Qualifying medical condition
" also means:

(1) Moderate to severe chronic pain.

(2) Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.

(3) Moderate or severe post-traumatic stress disorder.

(4) Autism spectrum disorder in adults 21 years of age or older.

(5) Autism spectrum disorder in people under 21 years of age with the requirement of a consultation with a certified provider of child and/or adolescent psychiatry, developmental pediatrics, or pediatric neurology, who confirms that the autism spectrum disorder has not responded to previously prescribed medication or for which other treatment options produced serious side effects and who supports certification for the use of therapeutic cannabis.

(6) Opioid use disorder, with the following restrictions:

(A) When certified only by a board certified addiction medicine or addiction psychiatry provider who is actively treating the patient for opioid use disorder; and

(B) With associated symptoms of cravings and/or withdrawal.

X. "
Qualifying patient
" means a resident of New Hampshire who has been diagnosed by a provider as having a qualifying medical condition and who possesses a valid registry identification card issued pursuant to RSA 126-X:4.

XI. "
Registry identification card
" means a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual as a qualifying patient or a designated caregiver.

XII. "
Seedling
" means a cannabis plant that has no flowers and is less than 12 inches in height and less than 12 inches in diameter.

XIII. "
Therapeutic use
" means the acquisition, possession, cultivation, preparation, use, delivery, transfer, or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient's qualifying medical condition or symptoms or results of treatment associated with the qualifying patient's qualifying medical condition. It shall not include:

(a) The use of cannabis by a designated caregiver who is not a qualifying patient; or

(b) Cultivation or purchase by a visiting qualifying patient from a qualifying patient or designated caregiver; or

(c) Cultivation by a designated caregiver or qualifying patient.

XIV. "
Unusable cannabis
" means any cannabis, other than usable cannabis, including the seeds, stalks, and roots of the plant.

XV. "
Usable cannabis
" means the dried leaves and flowers of the cannabis plant and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant and does not include the weight of any non-cannabis ingredients combined with cannabis and prepared for consumption as food or drink.

XV-a. "
Use in adolescence
" means the therapeutic use of cannabis by any person whose age is within the generally accepted medical and psychiatric definition of an adolescent as ranging in age from 12-25 years old, as well as by individuals younger in age.

XVI. "
Visiting qualifying patient
" means a person who is not a resident of New Hampshire, or who has been a resident of New Hampshire for fewer than 90 days, who has been issued a valid registry identification card, or its equivalent, under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes.

XVII. "
Written certification
" means documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a provider-patient relationship.


Source. 2013, 242:1, eff. July 23, 2013. 2015, 195:1, eff. Sept. 4, 2015. 2016, 173:1, eff. Aug. 2, 2016; 247:1-3, eff. June 10, 2016. 2017, 47:1, eff. July 11, 2017; 125:1, eff. Aug. 15, 2017; 146:1, eff. June 16, 2017; 158:1, eff. Aug. 27, 2017. 2018, 219:3, eff. June 8, 2018; 360:1, eff. Aug. 31, 2018. 2019, 104:1, eff. Aug. 20, 2019; 306:4, eff. July 30, 2019; 344:1, 2, eff. Nov. 18, 2019. 2021, 46:1, 2, eff. June 24, 2021; 47:2, eff. July 24, 2021; 122:14-16, eff. Sept. 7, 2021; 193:1-4, eff. Oct. 9, 2021.

    126-X:10 Annual Data Report;  Release of Data. 

I. The commissioner of the department of health and human services shall report annually on the therapeutic use of cannabis program established under this chapter to the health and human services oversight committee established under RSA 126-A:13, to the board of medicine, and to the board of nursing.

II. The report shall be in electronic format to allow for identification of patterns of certification by patient and caregiver, location, age, medical condition, symptom, or side effect, and provider, and for analysis and research to inform future policy, educational, and clinical decisions.

III. The initial report shall be filed no later than December 1, 2014.

IV. The commissioner's data report shall include but not be limited to the following information:

(a) The number of designated caregivers and the number of qualifying patients, by town or city and county.

(b) The ages of the qualifying patients and the ages of the designated caregivers.

(c) The qualifying medical conditions and the number of each qualifying medical condition.

(d) The symptoms or side effects and the number of each symptom or side effect.

(e) The number of physicians and the number of advanced practice registered nurses issuing written certifications.

(f) The number of providers in each medical specialty issuing written certifications.

(g) Any other issues related to the therapeutic use of cannabis permitted under this chapter that the health and human services oversight committee shall request.

V. A summary of the report submitted by alternative treatment centers as required under RSA 126-X:8, XII.

VI. Notwithstanding any other provision of law, data collected under this chapter, including de-identified or aggregate data contained in the confidential registry database, may be released, with the approval of the commissioner or designee, to individuals or entities for the purposes of public health, health care operations, or research if such release is consistent with all applicable HIPAA standards.


Source. 2013, 242:1, eff. July 23, 2013. 2019, 85:1, 2, eff. Aug. 17, 2019.

    126-X:11 Registry Identification Card and Certificate Fund. 

There is hereby established in the office of the state treasurer a fund to be known as the registry identification card and certificate fund which shall be kept separate and distinct from all other funds. The fund is established to pay for the operational expenses of permitting the therapeutic use of cannabis as established in this chapter. The moneys in this fund shall be nonlapsing and continually appropriated to the department. Interest on fund balances shall accrue to the fund. All fines and other income received by the department and all monetary fees, gifts, grants, and donations received by the department pursuant to this chapter shall be deposited in the fund.


Source. 2013, 242:1, eff. July 23, 2013.

    126-X:12 Therapeutic Cannabis Medical Oversight Board Established;  Membership;  Duties. 

I. There is hereby established the therapeutic cannabis medical oversight board which shall monitor and contribute to the oversight of the clinical, quality, and public health related matters of the use of cannabis for therapeutic purposes under this chapter.

II. The board shall consist of the medical director, department of health and human services, or designee, a qualifying patient, appointed by the commissioner of the department, a clinical representative from an alternative treatment center, appointed by the commissioner, and 10 medical providers also appointed by the commissioner. The medical provider members shall represent the following fields:

(a) Neurology.

(b) Pain management.

(c) Oncology.

(d) Psychiatry.

(e) Pediatrics.

(f) Family or internal medicine.

(g) Obstetrics and gynecology.

(h) Addiction.

(i) Palliative care.

(j) Physiatry/orthopedics.

III. At its first meeting the board shall elect by majority vote a chairperson and an alternate. A quorum shall consist of a majority of members.

IV. The board shall convene at least 2 times per year to monitor and contribute to the oversight of the clinical, quality, and public health related matters of therapeutic cannabis under this chapter by:

(a) Reviewing medical and scientific evidence pertaining to currently approved and additional qualifying conditions.

(b) Reviewing laboratory results of required testing of cannabis cultivated and/or processed by an alternative treatment center and the use of pesticides on products under RSA 126-X:6, III(a)(16).

(c) Monitoring clinical outcomes.

(d) Reviewing training protocols for dispensary staff based on models from other states.

(e) Receiving updates from alternative treatment centers on effectiveness of various strains, types of cannabinoids, and different routes of administration for specific conditions.

(f) Reviewing best practices for medical providers regarding provider education, certification of patients, and patient access to the program.

(g) Reviewing any other clinical, quality, and public health related matter relative to use of cannabis under this chapter.

V. The board may make recommendations to the commissioner to add or remove qualifying medical conditions under RSA 126-X:1, IX based on the findings pursuant to subparagraph IV(a) and after receiving input from the public through a public hearing process. The commissioner may recommend legislation based on the board's findings.

VI. On or before January 1 of each year, the board shall make a report to the president of the senate, the speaker of the house of representatives, the oversight committee on health and human services established under RSA 126-A:13, the board of medicine, and the board of nursing.


Source. 2018, 228:2, eff. Aug. 7, 2018. 2021, 52:1, eff. July 24, 2021.

    126-X:2 Therapeutic Use of Cannabis Protections. 

I. A qualifying patient shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter, if the qualifying patient possesses an amount of cannabis that does not exceed the following:

(a) Two ounces of usable cannabis; and

(b) Any amount of unusable cannabis.

II. A designated caregiver shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege for the therapeutic use of cannabis in accordance with this chapter on behalf of a qualifying patient if the designated caregiver possesses an amount of cannabis that does not exceed the following:

(a) Two ounces of usable cannabis, or the total amount allowable for the number of qualifying patients for which he or she is a designated caregiver; and

(b) Any amount of unusable cannabis.

III. A designated caregiver may receive compensation for costs, not including labor, associated with assisting a qualifying patient who has designated the designated caregiver to assist him or her with the therapeutic use of cannabis. Such compensation shall not constitute the sale of controlled substances.

IV. (a) A qualifying patient is presumed to be lawfully engaged in the therapeutic use of cannabis in accordance with this chapter if the qualifying patient possesses a valid registry identification card and possesses an amount of cannabis that does not exceed the amount allowed under this chapter.

(b) A designated caregiver is presumed to be lawfully engaged in assisting with the therapeutic use of cannabis in accordance with this chapter if the designated caregiver possesses a valid registry identification card and possesses an amount of cannabis that does not exceed the amount allowed under this chapter.

(c) The presumptions made in subparagraphs (a) and (b) may be rebutted by evidence that conduct related to cannabis was not for the purpose of treating or alleviating the qualifying patient's qualifying medical condition or symptoms or effects of the treatment associated with the qualifying medical condition, in accordance with this chapter.

V. A valid registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada that allows, in the jurisdiction of issuance, a visiting qualifying patient to possess cannabis for therapeutic purposes, shall have the same force and effect and be subject to the same restrictions as a valid registry identification card issued by the department in this state, provided that:

(a) A visiting qualifying patient shall not purchase cannabis at an alternative treatment center more than 3 times in a 12-month period, unless the visiting qualifying patient produces a statement from his or her health care provider stating that the visiting qualifying patient has a qualifying medical condition as defined in RSA 126-X:1; and

(b) A visiting qualifying patient shall not cultivate cannabis in New Hampshire or obtain or purchase cannabis from a New Hampshire qualifying patient or designated caregiver.

VI. A person otherwise entitled to custody of, or visitation or parenting time with, a minor shall not be denied such a right solely for conduct allowed under this chapter, and there shall be no presumption of neglect or child endangerment.

VII. For the purposes of medical care, including organ transplants, a qualifying patient's authorized use of cannabis in accordance with this chapter shall be considered the equivalent of the authorized use of any other medication used at the direction of a provider, and shall not constitute the use of an illicit substance.

VIII. A provider shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by the New Hampshire board of medicine or any other occupational or professional licensing entity, solely for providing written certifications, provided that nothing shall prevent a professional licensing entity from sanctioning a provider for failing to properly evaluate a patient's medical condition.

IX. An alternative treatment center shall not be subject to prosecution under state or municipal law, search, or inspection, except by the department pursuant to RSA 126-X:7, IX; seizure; or penalty in any manner under state or municipal law for acting pursuant to this chapter and department rules to:

(a) Acquire or purchase cannabis seeds or seedlings;

(b) Possess, cultivate, manufacture, or transport cannabis and seedlings; or

(c) Deliver, transfer, supply, sell, or dispense cannabis and related supplies and educational materials to qualifying patients, to designated caregivers on behalf of the qualifying patients, to visiting qualifying patients, or to other alternative treatment centers.

X. An alternative treatment center agent shall not be subject to arrest by state or local law enforcement, prosecution or penalty in any manner under state or municipal law, search, or denied any right or privilege for working for an alternative treatment center pursuant to this chapter and department rules to engage in any of the actions listed in paragraph IX.

XI. Any cannabis, cannabis paraphernalia, licit property, or interest in licit property that is possessed, owned, or used in connection with the therapeutic use of cannabis as allowed under this chapter, or acts incidental to such use, shall not be seized or forfeited if the basis for the seizure or forfeiture is activity related to cannabis that is exempt from state criminal penalties under this chapter.

XII. An individual shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or denied any right or privilege, including but not limited to a civil penalty or disciplinary action by a court or occupational or professional licensing entity, simply for being in the presence or vicinity of the therapeutic use of cannabis as allowed under this chapter.

XIII. If a state or local law enforcement officer encounters an alternative treatment center or an individual who the officer knows is an alternative treatment center agent, a designated caregiver, or a qualifying patient, or who credibly asserts he or she is an alternative treatment center agent, a designated caregiver, or a qualifying patient, the law enforcement officer shall not provide any information concerning any cannabis-related activity involving the individual or entity, except pursuant to a lawfully-issued subpoena, to any law enforcement agency that does not recognize the protection of this chapter, and any prosecution of the individual or entity for a violation of this chapter shall be conducted pursuant to the laws of this state. This paragraph shall not apply in cases where the state or local law enforcement agency has probable cause to believe the person is distributing cannabis to a person who is not allowed to possess it under this chapter. Any seizure of cannabis by law enforcement officers for a violation of this chapter shall be limited to the amount of cannabis in excess of the quantities permitted under this chapter and any such cannabis seized shall not be returned.

XIV. A person who ceases to be a qualifying patient or designated caregiver shall have 10 days after notification by the department to dispose of cannabis in one of the following ways:

(a) If the person was a designated caregiver and the qualifying patient who designated the caregiver is still a qualifying patient, but has designated a new caregiver, the designated caregiver may transfer cannabis to the new designated caregiver;

(b) The person may notify local law enforcement and request that they dispose of the cannabis; or

(c) The person may dispose of the cannabis, after mixing the cannabis with other ingredients such as soil to render it unusable.

XV. A laboratory which conducts testing of cannabis required under rules for alternative treatment centers adopted under this chapter, and the employees thereof, shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or search, for acting pursuant to this chapter and department rules to possess cannabis on the premises of the laboratory for the purposes of testing, and, in the case of a laboratory employee, denied any right or privilege for working for such a laboratory.

XVI. A facility caregiver and those employees designated by the facility to assist qualifying patients, shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or search, for acting pursuant to this chapter and department rules to possess cannabis on the premises of the facility for the purpose of assisting a qualifying patient who is a resident or patient of the facility in the therapeutic use of the qualifying patient's cannabis.

XVII. Authorized employees of the department shall not be subject to arrest by state or local law enforcement, prosecution, or penalty under state or municipal law, or search, when possessing, transporting, delivering, or transferring cannabis and cannabis infused products for the purposes of regulatory oversight related to this chapter.


Source. 2013, 242:1, eff. July 23, 2013. 2015, 143:1, eff. Aug. 11, 2015. 2016, 247:4, eff. June 10, 2016. 2021, 122:17, 18, eff. Sept. 7, 2021; 193:5, eff. Oct. 9, 2021; 193:11, eff. Sept. 7, 2021 at 12:01 a.m.

    126-X:3 Prohibitions and Limitations on the Therapeutic Use of Cannabis. 

I. A qualifying patient may use cannabis on privately-owned real property only with written permission of the property owner or, in the case of leased property, with the permission of the tenant in possession of the property, except that a tenant shall not allow a qualifying patient to smoke cannabis on rented property if smoking on the property violates the lease or the lessor's rental policies that apply to all tenants at the property. However, a tenant may permit a qualifying patient to use cannabis on leased property by ingestion or inhalation through vaporization even if smoking is prohibited by the lease or rental policies. For purposes of this chapter, vaporization shall mean the inhalation of cannabis without the combustion of the cannabis.

II. Nothing in this chapter shall exempt any person from arrest or prosecution for:

(a) Being under the influence of cannabis while:

(1) Operating a motor vehicle, commercial vehicle, boat, vessel, or any other vehicle propelled or drawn by power other than muscular power; or

(2) In his or her place of employment, without the written permission of the employer; or

(3) Operating heavy machinery or handling a dangerous instrumentality.

(b) The use or possession of cannabis by a qualifying patient or designated caregiver for purposes other than for therapeutic use as permitted by this chapter;

(c) The smoking or vaporization of cannabis in any public place, including:

(1) A public bus or other public vehicle; or

(2) Any public park, public beach, or public field.

(d) The possession of cannabis in any of the following:

(1) The building and grounds of any preschool, elementary, or secondary school, which are located in an area designated as a drug free zone; or

(2) A place of employment, without the written permission of the employer; or

(3) Any correctional facility; or

(4) Any public recreation center or youth center; or

(5) Any law enforcement facility.

III. Nothing in this chapter shall be construed to require:

(a) Any health insurance provider, health care plan, or medical assistance program to be liable for any claim for reimbursement for the therapeutic use of cannabis; or

(b) Any individual or entity in lawful possession of property to allow a guest, client, customer, or other visitor to use cannabis on or in that property; or

(c) Any accommodation of the therapeutic use of cannabis on the property or premises of any place of employment or on the property or premises of any residential care facility, nursing home, hospital or hospice house, jail, correctional facility, or other type of penal institution where prisoners reside or persons under arrest are detained. This chapter shall in no way limit an employer's ability to discipline an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.

IV. Any person who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the therapeutic use of cannabis to avoid arrest or prosecution shall be guilty of a violation and may be fined $500, which shall be in addition to any other penalties that may apply for making a false statement to a law enforcement officer or for the use of cannabis other than use undertaken pursuant to this chapter.

V. A qualifying patient or designated caregiver who is found to be in possession of cannabis outside of his or her home and is not in possession of his or her registry identification card may be subject to a fine of up to $100.

VI. Any qualifying patient or designated caregiver who sells cannabis to another person who is not a qualifying patient or designated caregiver under this chapter shall be subject to the penalties specified in RSA 318-B:26, IX-a, shall have his or her registry identification card revoked, and shall be subject to other penalties as provided in RSA 318-B:26.

VII. The department may revoke the registry identification card of a qualifying patient or designated caregiver for violation of rules adopted by the department or for violation of any other provision of this chapter, including for obtaining more than 2 ounces of cannabis in any 10-day period in violation of RSA 126-X:8, XIII(b), and the qualifying patient or designated caregiver shall be subject to any other penalties established in law for the violation.

VIII. A facility caregiver shall treat cannabis in a manner similar to controlled prescription medications with respect to its storage, security, and administration when assisting qualifying patients with the therapeutic use of cannabis.


Source. 2013, 242:1, eff. July 23, 2013. 2016, 247:5, 6, eff. June 10, 2016. 2021, 122:19, eff. Sept. 7, 2021.

    126-X:4 Departmental Administration;  Registry Identification Cards. 

I. Except as provided in paragraph V, the department shall create and issue a registry identification card to a person applying as a qualifying patient who submits all of the following information:

(a) Written certification which includes the date of issuance, the patient's qualifying medical condition, symptoms, or side effects, and the certifying provider's name, medical specialty, and signature. If a written certification has been previously issued for fewer than 3 years, a provider may extend the written certification, provided that the written certification shall not exceed 3 years.

(b) An application or a renewal application accompanied by the application or renewal fee. A renewal application and fee shall not be required if the applicant receives an extension to the written certification previously issued for fewer than 3 years. 

(c) [Repealed.]

(d) Name, residential and mailing address, and date of birth of the applicant, except that if the applicant is homeless, no residential address is required.

(e) Name of the applicant's provider.

(f) Name and date of birth of the applicant's designated caregiver, if any. A qualifying patient shall have only one designated caregiver, except as follows:

(1) If the qualifying patient is a minor, the patient may have up to 2 designated caregivers, both of whom shall be the patient's parent or legal guardian.

(2) Where the court has appointed co-guardians for an adult qualifying patient, the patient may have up to 2 designated caregivers, both of whom shall be court appointed co-guardians for the patient.

(g) [Repealed.]

(h) A statement signed by the applicant, pledging not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to this chapter and acknowledging that his or her diversion of cannabis is punishable as a class B felony and revocation of his or her registry identification card, in addition to other penalties for the illegal sale of cannabis.

II. Except as provided in paragraph V, the department shall create and issue a registry identification card to a person applying as a designated caregiver who submits all of the following information:

(a) An application or a renewal application.

(b) [Repealed.]

(c) Name, residential and mailing address, and date of birth of the applicant.

(d) Name, residential and mailing address, and date of birth of each qualifying patient for whom the applicant will act as designated caregiver, except that if the qualifying patient is homeless, no residential address is required.

(e) [Repealed.]

(f) A signed statement from the applicant agreeing to act as the designated caregiver for the qualifying patient named in the application and pledging not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to this chapter and acknowledging that the diversion of cannabis is punishable as a class B felony and revocation of one's registry identification card, in addition to other penalties for the illegal sale of cannabis.

(g) [Repealed.]

(h) An attestation on a form issued by the department stating that the applicant has not been convicted of a felony offense. This attestation shall be subject to the penalties set forth in RSA 641:3 for unsworn falsification and this shall be noted on the form issued by the department. In addition, a designated caregiver shall promptly inform the department if convicted of a felony offense subsequent to being issued a registry identification card.

II-a. [Repealed.]

II-b. [Repealed.]

III. The department shall verify the information contained in an application or renewal submitted pursuant to this section. The department shall approve or deny a complete application or renewal for a qualifying patient within 15 days of receipt of the application. The department shall approve or deny a complete application or renewal to serve as a designated caregiver within 15 days of receipt of the application. The department may deny an application or renewal only if the applicant did not provide the information required pursuant to this section, or if the applicant previously had a registry identification card revoked for violating the provisions of this chapter or rules adopted by the department, or if the department determines that the information provided was falsified or did not meet the requirements of this chapter or rules adopted by the department. The department shall notify an applicant of the denial of an application. An applicant who is aggrieved by a department decision may request an administrative hearing at the department.

IV. The department shall create and issue a registry identification card to a person applying as a qualifying patient or designated caregiver within 5 days of approving an application or renewal. Each registry identification card shall expire one year after the effective date of the card, unless the provider states in the written certification that the certification should expire at an earlier or later effective date, not to exceed 3 years, then the registry identification card shall expire on that date. Registry identification cards shall contain all of the following:

(a) Name, mailing address, and date of birth of the qualifying patient or designated caregiver.

(b) The date of issuance, effective date, and expiration date of the registry identification card.

(c) A random 10-digit identification number, containing at least 4 numbers and at least 4 letters, that is unique to the qualifying patient or the designated caregiver.

(d) A designation that the person is either a "qualifying patient" or a "designated caregiver."

(e) [Repealed.]

(f) [Repealed.]

(g) A statement that the qualifying patient or designated caregiver is permitted under state law to possess cannabis pursuant to this chapter for the therapeutic use of the qualifying patient.

V. The department shall not issue a registry identification card to an applicant under 18 years of age who is applying as a qualifying patient unless:

(a) A custodial parent or legal guardian responsible for health care decisions for the qualifying patient submits a written certification from 2 providers, one of whom shall be a pediatrician.

(b) The applicant's provider has explained the potential risks and benefits of the therapeutic use of cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the applicant.

(c) The custodial parent or legal guardian with responsibility for health care decisions for the applicant consents in writing to:

(1) Allow the applicant's therapeutic use of cannabis; and

(2) Serve as the applicant's designated caregiver and control the acquisition of the cannabis and the frequency of the therapeutic use of cannabis by the applicant.

(d) The custodial parent or legal guardian completes an application in accordance with the requirements of paragraph I on behalf of the applicant.

VI. The department shall provide each applicant and each approved qualifying patient and designated caregiver a statement with the registry identification card explaining current federal law on the possession of cannabis, that possession of a state registry identification card does not protect a person from federal criminal penalties, and that by using cannabis the qualifying patient may be subject to the denial of rights and privileges by federal agencies including, but not limited to, the loss of rights related to employment such as driving a commercial vehicle, the inability to pass a security clearance, and the right to own, possess, or purchase a firearm and/or ammunition. The statement shall be updated based on any relevant changes in federal law.

VII. (a) The department shall track the number of qualifying patients and issue a weekly written statement to the alternative treatment center identifying the number of qualifying patients along with the registry identification numbers of each qualifying patient and each qualifying patient's designated caregiver.

(b) The department shall track the number of qualifying patients certified by each provider and registered with the department.

(c) Any concerns regarding provider conduct shall be referred to the New Hampshire board of medicine, the New Hampshire board of nursing, or the appropriate regulatory entity in Maine, Massachusetts, or Vermont. The New Hampshire board of medicine, the New Hampshire board of nursing, or the appropriate regulatory entity in Maine, Massachusetts, or Vermont may direct the department to prohibit a provider's participation in New Hampshire's therapeutic cannabis program if the regulatory entity takes disciplinary action against a provider regarding the provider's involvement in the therapeutic cannabis program in New Hampshire or in his or her respective state.

VIII. In addition to the weekly reports, the department shall also provide written notice to an alternative treatment center which identifies the names and registration identification numbers of a qualifying patient and his or her designated caregiver whenever either of the following events occur:

(a) A qualifying patient is registered as a participating patient under this chapter; or

(b) A qualifying patient loses his or her status as a qualifying patient under this chapter.

IX. (a) A qualifying patient shall notify the department before changing his or her designated caregiver.

(b) A qualifying patient shall notify the department of any change in his or her name or address within 10 days of such change. If the qualifying patient's certifying provider notifies the department in writing that the qualifying patient no longer suffers from a qualifying medical condition or should discontinue using cannabis for another compelling reason, the registry identification card shall become void upon notification by the department to the qualifying patient.

(c) When a qualifying patient or a designated caregiver notifies the department of any change to a name or address, the department shall issue the qualifying patient or designated caregiver a new registry identification card within 20 days of receiving the updated information.

(d) If a qualifying patient notifies the department of a change in his or her designated caregiver and the prospective designated caregiver meets the requirements of this chapter, the department shall issue the designated caregiver a registry identification card within 20 days of receiving the designated caregiver's application.

(e) [Repealed.]

(f) If a qualifying patient or designated caregiver loses his or her registry identification card, he or she shall notify the department within 10 days of losing the card. Within 5 days after such notification, the department shall issue a new registry identification card. The fee for new registry cards shall be established in rules set by the department pursuant to RSA 541-A.

X. Mere possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the individual or property of the individual possessing or applying for the registry identification card. The possession of, or application for, a registry identification card shall not preclude the existence of probable cause if probable cause exists on other grounds.

XI. (a) The department shall create and maintain a confidential registry of each individual who has applied for and received a registry identification card as a qualifying patient or a designated caregiver in accordance with the provisions of this chapter. Each entry in the registry shall contain the qualifying patient's or designated caregiver's name, mailing address, date of birth, date of registry identification card issuance, effective date of registry identification, date of registry identification card expiration, and random 10-digit identification number. The confidential registry and the information contained in it shall be exempt from disclosure under RSA 91-A.

(b)(1) Except as specifically provided in this chapter, no person shall have access to any information about qualifying patients or designated caregivers in the department's confidential registry, or any information otherwise maintained by the department about providers and alternative treatment centers, except for authorized employees of the department in the course of their official duties and local and state law enforcement personnel who have detained or arrested an individual who claims to be engaged in the therapeutic use of cannabis.

(2) If a local or state law enforcement officer submits a sworn affidavit to the department affirming that he or she has probable cause to believe cannabis is possessed at a specific address, an authorized employee for the department may disclose whether the location is associated with a qualifying patient, designated caregiver, or cultivation location of an alternative treatment center.

(3) If a local or state law enforcement officer submits a sworn affidavit to the department affirming that he or she has probable cause to believe a specific individual possesses cannabis, an authorized employee for the department may disclose whether the person is a qualifying patient or a designated caregiver, provided that the law enforcement officer provides the person's name and address or name and date of birth.

(4) Requests by law enforcement officials under this section to the department pursuant to a sworn affidavit, search warrant, or court order, regardless of whether or not the name or address was found in the registry, shall be confidential under this chapter and exempt from disclosure under RSA 91-A. Aggregate data relative to such requests may be made public if it does not contain any identifying information regarding the specific law enforcement request.

(5) Counsel for the department may notify law enforcement officials about falsified or fraudulent information submitted to the department where counsel has reason to believe the information is false or falsified.

XII. Within 5 days of learning of the death of a qualifying patient, a surviving family member, caretaker, executor, or the patient's designated caregiver shall notify the department that the qualifying patient has died. Within 5 days of learning of the death of a qualifying patient, the surviving family member, caretaker, executor, or the patient's designated caregiver shall either request that the local law enforcement agency remove any remaining cannabis or shall dispose of the cannabis in a manner that is specified in 126-X:2, XIV.


Source. 2013, 242:1. 2014, 72:1, 2, 4, II, eff. July 26, 2014. 2015, 143:2-5, 10, eff. Aug. 11, 2015. 2016, 247:7-10, eff. June 10, 2016. 2017, 158:2, eff. Aug. 27, 2017. 2018, 219:1, 2, eff. June 8, 2018; 318:6, eff. Aug. 24, 2018. 2019, 344:3-6, eff. Nov. 18, 2019. 2021, 122:20-28, 32, I to III, eff. Sept. 7, 2021. . 2022, 272:63-65, eff. July 24, 2022.

    126-X:5 Affirmative Defense. 

I. It shall be an affirmative defense for any person charged with manufacturing, possessing, having under his or her control, selling, purchasing, prescribing, administering, transporting, or possessing with intent to sell, dispense, or compound cannabis, cannabis analog, or any preparation containing cannabis, if:

(a) The actor is a qualifying patient who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis;

(b) The actor is a designated caregiver who has been issued a valid registry identification card, was in possession of cannabis in a quantity and location permitted pursuant to this chapter, and was engaged in the therapeutic use of cannabis on behalf of a qualifying patient; or

(c) The actor is an employee of a laboratory conducting testing required for alternative treatment centers pursuant to rules adopted under this chapter.

II. This section shall not be construed as an affirmative defense for any offense other than those acts as set forth in paragraph I.


Source. 2013, 242:1, eff. July 23, 2013. 2015, 143:6, eff. Aug. 11, 2015.

    126-X:6 Departmental Rules. 

I. Not later than one year after the effective date of this chapter, the department shall adopt rules, pursuant to RSA 541-A, governing:

(a) The form and content of applications for issuance and renewals of registry identification cards for qualifying patients and designated caregivers.

(b) The form and content of providers' written certifications, including the administrative process for tracking extensions pursuant to RSA 126-X:4, I.

(c) Procedures for considering, approving, and denying applications for issuance and renewals of registry identification cards, and for revoking registry identification cards.

(d) Fees pursuant to RSA 126-X:4, I(b) and paragraph II of this section for applications for registry identification cards, and pursuant to RSA 126-X:4, IX(f) for re-issuance of replacement registry identification cards.

(e) [Repealed.]

II. The department's rules shall establish application and renewal fees for registry identification cards in accordance with the following:

(a) The fee structure by the department for alternative treatment centers and registry identification cards shall generate revenues sufficient to offset all department expenses of implementing and administering this chapter; however,

(b) The department may accept donations from private sources without the approval of the governor and council in order to reduce the application and renewal fees for qualifying patients.

III. (a) Not later than 18 months after the effective date of this section, the department shall adopt rules, pursuant to RSA 541-A, governing alternative treatment centers and the manner in which it shall consider applications for registration certificates for alternative treatment centers, including, but not limited to:

(1) The form and content of registration and renewal applications.

(2) Administrative requirements.

(3) Security requirements, which shall include at a minimum, lighting, physical security, video security, alarm requirements, measures to prevent loitering, and on-site parking.

(4) Liability insurance.

(5) Sanitary requirements.

(6) Electrical safety requirements.

(7) The specification of acceptable forms of picture identification that an alternative treatment center may accept when verifying a sale.

(8) Personnel requirements including how many volunteers an alternative treatment center is permitted to have and requirements for supervision.

(9) Labeling standards.

(10) Procedures for suspending or terminating the registration of alternative treatment centers that violate the provisions of this chapter or the rules adopted pursuant to this chapter, a schedule of fines for such violations, and procedures for appealing any enforcement actions.

(11) Procedures for inspections and investigations.

(12) Advertising restrictions, including a prohibition of misrepresentation and unfair practices.

(13) Permissible hours of operation.

(14) The fees for the processing and review of applications for registration as an alternative treatment center and regulation of an alternative treatment center after it has been approved by the department. Such fees shall be established in an amount that covers all costs of the department for the review, registration, and regulation of alternative treatment centers.

(15) Procedures for determining and enforcing the daily maximum amount of therapeutic cannabis which an alternative treatment center may cultivate or possess pursuant to RSA 126-X:8, XV(a).

(16) Laboratory testing of cannabis cultivated and/or processed by an alternative treatment center. Such testing shall only be conducted by a laboratory licensed by the department under RSA 151.

(b) The department shall adopt rules with the goal of protecting against diversion and theft, without imposing an undue burden on the alternative treatment centers or compromising the confidentiality of qualifying patients and their designated caregivers.

IV. The department may adopt rules regarding the establishment of second dispensary locations under RSA 126-X:7, X including, but not limited to, fees, operational requirements, and geographic location.

V. The department shall adopt rules relative to the therapeutic cannabis medical oversight board's public hearing process pursuant to RSA 126-X:12, V.

VI. The department shall adopt rules, pursuant to RSA 541-A, to document that counseling has been provided by the certifying provider to all women of child-bearing age and adolescents 25 years of age or less, and the parent or guardian of a patient less than age 18, about the risks of cannabis use in adolescence, during pregnancy, and while breastfeeding, prior to issuing or reissuing a therapeutic cannabis card to such individuals.

VII. The department shall adopt rules, pursuant to RSA 541-A, regarding an alternative treatment center's verification of a visiting qualifying patient's registry identification card, or its equivalent.


Source. 2013, 242:1, eff. July 23, 2013. 2015, 143:7, eff. Aug. 11, 2015. 2018, 126:1, eff. July 29, 2018; 228:1, eff. Aug. 7, 2018. 2019, 165:2, eff. Sept. 8, 2019. 2021, 47:3, eff. July 24, 2021; 122:29, 32, IV, eff. Sept. 7, 2021; 193:6, eff. Oct. 9, 2021.

    126-X:7 Departmental Administration;  Alternative Treatment Centers. 

I. Within 18 months of the effective date of this section, provided that at least 2 applications have been submitted that score sufficiently high to receive a certificate, the department shall issue alternative treatment center registration certificates to the 2 highest-scoring applicants. Each registration certificate shall include a registry number that is unique to the alternative treatment center.

II. Any time an alternative treatment center registration certificate is revoked, relinquished, or expires without a renewal application being submitted, the department shall accept applications for a new alternative treatment center and issue a registration certificate to the applicant who scores the highest.

III. If at any time after 2 years after the effective date of this section, fewer than 4 alternative treatment centers hold valid registration certificates in New Hampshire, the department shall accept applications for a new alternative treatment center. No more than 4 alternative treatment centers shall hold valid registration certificates at one time.

IV. (a) An alternative treatment center applicant shall submit a completed department-approved application form with all required documentation and a nonrefundable fee in an amount set by department rule. The alternative treatment center application and supporting materials shall include, at a minimum:

(1) The legal name, articles of incorporation, and bylaws of the alternative treatment center.

(2) The proposed physical address of the alternative treatment center, if a precise address has been determined, or, if not, the general location where it would be located. This may include a second location for the cultivation of cannabis.

(3) A description of the enclosed, locked facility that would be used in the cultivation of cannabis by the alternative treatment center.

(4) The name, address, and date of birth of each principal officer and board member of the alternative treatment center. The board of directors for the nonprofit shall include at least one physician, advance practice registered nurse, or pharmacist licensed to practice in New Hampshire and at least one patient qualified to register as a qualifying patient. The majority of board members shall be New Hampshire residents. A medical professional listed in this subparagraph may be a member of the alternative treatment center board but shall not maintain an ownership interest in the center.

(5) Proposed security and safety measures that comply with the rules adopted pursuant to RSA 126-X:6, including a description of interior and exterior lighting and security systems.

(6) The distance from any pre-existing private or public school.

(7) A copy of the proposed policy regarding services to qualifying patients who cannot afford to purchase cannabis for therapeutic use.

(8) Information demonstrating the applicant's knowledge of organic growing methods to be used in the growing and cultivation of cannabis.

(9) Steps that will be taken to ensure the quality of the cannabis, including purity and consistency of dose.

(10) A start-up timetable that provides an estimated time from registration of the alternative treatment center to full operation and the assumptions used for the basis of those estimates.

(11) Information showing the applicant's experience running a nonprofit or other business.

(12) A description of any additional services that will be available to patients.

(13) The applicant's plans for recordkeeping and inventory control.

(b) Any time one or more alternative treatment center registration applications are being considered, the department shall, in partnership with the local governing body of the town or city where the alternative treatment center would be located, solicit input from qualifying patients, designated caregivers, and the residents of the towns or cities in which the alternative treatment center would be located.

(c) Each time an alternative treatment center certificate is granted, the decision shall be based on the overall health needs of qualifying patients and the safety of the public. The department shall evaluate applications for alternative treatment center registration certificates using an impartial and numerically-scored competitive bidding process developed by the department in accordance with this chapter. The department shall require applicants to meet a minimum score to be considered. The registration considerations shall include the following criteria:

(1) The suitability of the proposed location, including compliance with any local zoning laws, and geographic convenience for qualifying patients from throughout the state of New Hampshire to alternative treatment centers if the application is approved. The department shall, to the greatest extent practicable, ensure that alternative treatment centers are geographically located so as to best serve the needs of qualifying patients.

(2) The proposed alternative treatment center's plan for operations and services, whether it has sufficient capital to operate, and its ability to provide a steady supply of cannabis to the qualifying patients in the state.

(3) The principal officer and board members' character and relevant experience, including any training or professional licensing related to medicine, pharmaceuticals, natural treatments, botany, or cannabis cultivation and preparation, and their experience operating a nonprofit organization or business.

(4) The applicant's plan for making cannabis available on an affordable basis to qualifying patients enrolled in Medicaid or receiving Supplemental Security Income or Social Security Disability Insurance.

(5) The applicant's plan for safe and accurate packaging and labeling of cannabis, including the applicant's plan for ensuring that all cannabis is free of contaminants.

(6) The sufficiency of the applicant's plans for recordkeeping and inventory control. Records shall be considered confidential health care information under New Hampshire law and shall be deemed protected health care information for purposes of the federal Health Insurance Portability and Accountability Act of 1996,
 as amended. Any dispensing records that an alternative treatment center is required to keep shall document transactions according to qualifying patients' and designated caregivers' registry identification numbers, rather than their names, to protect their confidentiality.

(7) The sufficiency of the applicant's plans for safety and security, including proposed location and security devices employed.

(8) Whether the entity possesses or has the right to use sufficient land, buildings, and equipment to properly carry out its duties as an alternative treatment center.

V. After an alternative treatment center is approved, but before it begins operations, it shall submit the registration fee paid to the department in accordance with the rules adopted by the department. Annual fees thereafter shall be paid in accordance with the rules adopted by the department.

VI. [Repealed.]

VII. The alternative treatment center's certificate may be revoked at any time it commits a violation of this chapter or rules adopted by the department, including if it negligently or knowingly allows cannabis to be distributed to someone who is not exempt from penalties pursuant to this chapter.

VIII. Not more than one year after an alternative treatment center receives it first registry certificate, the department shall evaluate an alternative treatment center's operations. A registration certificate may be revoked if the alternative treatment center:

(a) Committed violations of this chapter or department rules; or

(b) Is not operational.

IX. Alternative treatment centers shall be subject to inspection by the department. During an inspection, the department may review the alternative treatment center's records, including its confidential dispensing and data collection records, which shall track transactions and product effectiveness according to qualifying patients' registry identification numbers to protect their confidentiality.

X. If the department determines that having additional locations for the dispensing of therapeutic cannabis is necessary to adequately and effectively meet the needs of qualifying patients and designated caregivers, the department may authorize the alternative treatment centers allowed to operate in geographic areas 1, 2, 3, and 4 to establish a second dispensary location within those same geographic areas. A second dispensary location shall only be established in a geographic location approved by the department, shall be limited solely to the dispensing of cannabis and educational efforts, and shall not be used for cultivation or other activities relative to the production of cannabis. A second dispensary location shall be subject to rules adopted by the department under RSA 126-X:6, III, and any additional rules adopted by the department relative to a second dispensary location under RSA 126-X:6, IV, and all applicable provisions of this chapter relative to alternative treatment centers including, but not limited to, compliance with local zoning laws. The department shall, in conjunction with the local governing body of the town or city where the second dispensary location would be located, solicit input from qualifying patients, designated caregivers, and residents of the town or city in which the second dispensary location would be located.


Source. 2013, 242:1. 2014, 72:4, I, eff. July 26, 2014. 2018, 126:2, eff. July 29, 2018. 2019, 165:1, eff. Sept. 8, 2019.

    126-X:8 Alternative Treatment Centers;  Requirements. 

I. An alternative treatment center shall be operated on a not-for-profit basis for the benefit of its patients. An alternative treatment center need not be recognized as a tax-exempt organization by the Internal Revenue Service.

I-a. If the property of an alternative treatment center is exempt from taxation under RSA 72:23, the alternative treatment center shall make payments in lieu of property taxes to the municipality in which it is located in the amount that the buildings and land would have been subject to property taxes if they had been owned by a non-exempt owner. Such payments shall be made at the times and in the manner prescribed for ad valorem property taxes.

II. An alternative treatment center shall not be located in a residential district or within pre-existing designated drug free school zones.

III. An alternative treatment center shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing cannabis and the theft of cannabis and shall ensure that each location has an operational security alarm system.

IV. (a) A state and federal criminal records check shall be required for every person seeking to become a principal officer, board member, agent, volunteer, or employee of an alternative treatment center before the person begins working at the alternative treatment center pursuant to RSA 126-X:8, IV-a. An alternative treatment center shall not allow any person to be an alternative treatment center agent who:

(1) Was convicted of a felony or felony drug-related offense; or

(2) Is under 21 years of age.

(b) An alternative treatment center shall create an identification badge for each alternative treatment center agent before the alternative treatment center agent possesses, cultivates, or transports cannabis on behalf of the alternative treatment center. The badges may include the alternative treatment center's registration certificate number and either a unique number for each agent or his or her name.

(c) An alternative treatment center agent shall wear his or her badge at all times when working at an alternative treatment center, including at any cultivation location.

IV-a. (a) A person applying to be an alternative treatment center agent shall submit directly to the department of safety a criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of any felony convictions to the department. The applicant shall submit with the release form a complete set of electronic fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances showing no felony convictions from every city, town, or county where the person has lived during the past 5 years. The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall report to the department whether or not there are any felony convictions. The department shall maintain the confidentiality of criminal history record information received pursuant to this section. The applicant shall bear the cost of a criminal history records check.

(b) Notwithstanding subparagraph IV(a), an alternative treatment center may make a conditional offer of employment and allow a person to begin working at or for the alternative treatment center while the results of the state and federal criminal history records check are pending, provided that:

(1) Prior to beginning employment, the person completes a statement stating that the person does not have any felony convictions in this or any other state, and such statement shall be subject to the penalties set forth in RSA 641:3 for unsworn falsification, which shall be noted on the form issued by the department; and

(2) The conditional employment granted shall be revoked immediately if the criminal history records check results show any felony convictions in this or any other state.

V. No person who has been convicted of a felony or felony drug-related offense shall be an alternative treatment center agent. A person who is employed by or is an agent, volunteer, principal officer, or board member of an alternative treatment center who violates this paragraph shall be guilty of a violation punishable by a fine of up to $1,000. A subsequent violation of this paragraph shall be a misdemeanor.

VI. The operating documents of an alternative treatment center shall include procedures for the oversight of the alternative treatment center and procedures to ensure accurate recordkeeping.

VII. Each alternative treatment center shall keep the following records, in accordance with a records retention schedule established by the department:

(a) Records of the disposal of cannabis that is not distributed by the alternative treatment center to qualifying patients.

(b) A record of each transaction, including the amount of cannabis dispensed, the amount of consideration, and the registry identification number of the qualifying patient, designated caregiver, or alternative treatment center, and the qualifying patient's provider.

VIII. Each alternative treatment center shall:

(a) Conduct an initial comprehensive inventory of all cannabis, including usable cannabis available for dispensing and mature cannabis plants at each authorized location on the date the alternative treatment center first dispenses cannabis.

(b) Conduct a monthly comprehensive inventory of all cannabis, including usable cannabis available for dispensing, mature cannabis plants, and seedlings at each authorized location.

IX. An alternative treatment center shall submit a department-approved incident report form on the next business day after it discovers a reportable incident. The report shall indicate the nature of the breach and the corrective actions taken by the alternative treatment center. Reportable incident shall mean:

(a) Confidential information accessed or disclosed in violation of department rules;

(b) Loss of inventory by theft or diversion;

(c) Unauthorized intrusion into the alternative treatment center or the additional location, if any;

(d) Any known violation of this chapter or department rules by an alternative treatment center agent; or

(e) Any other incident that the department by rule requires to be reported.

X. Alternative treatment centers shall only use organic pesticides in cannabis.

XI. No cannabis or paraphernalia at an alternative treatment center shall be visible from outside the property of the alternative treatment center.

XII. An alternative treatment center shall submit an annual report to the department that shall provide information required by the department in order to allow the department to evaluate the effectiveness and operations of the alternative treatment center.

XIII. (a) Each time an alternative treatment center agent dispenses cannabis to a qualifying patient directly or through the qualifying patient's designated caregiver, he or she shall consult the alternative treatment center's records to verify that the records do not indicate that the dispensing of the cannabis would cause the qualifying patient to receive more cannabis than is permitted in a 10-day period. Each time cannabis is dispensed, the alternative treatment center agent shall record the date the cannabis was dispensed and the amount dispensed. All records shall be kept according to the registry identification number of the qualifying patient and designated caregiver, if any.

(b) Except as provided in subparagraph (c), a qualifying patient shall not obtain more than 2 ounces of usable cannabis directly or through the qualifying patient's designated caregiver during a 10-day period.

(c) After providing an opportunity for patients, experts, researchers, and physicians to be heard, the department may issue a rule adjusting the limit specified in subparagraph (a) to an amount that is reasonably necessary for a 10-day supply.

XIV. (a) Except when transporting cannabis in accordance with subparagraphs (b) or (c), an alternative treatment center agent shall only possess and manufacture cannabis at an alternative treatment center location at which alternative treatment center agents are employed. Volunteers shall only possess and manufacture cannabis at an alternative treatment center location. Volunteers shall not dispense cannabis.

(b) Distributions of cannabis to a qualifying patient or a designated caregiver for use by a qualifying patient shall be labeled with a document to identify the alternative treatment center, the patient's registry number, or the caregiver's number, the amount and form, the time and date of origin, and destination of the product.

(c) An alternative treatment center with an additional growing location shall label the cannabis that is being moved between the additional growing location and the alternative treatment center with a document that identifies the alternative treatment center by registry number, the time, date, origin, and destination of the material being transported, and the amount and form of cannabis and cannabis material that is being transported. Cannabis shall be transported only by an alternative treatment center agent who is not a volunteer.

XV. (a) An alternative treatment center shall not possess or cultivate cannabis in excess of the following quantities:

(1) Eighty cannabis plants, 160 seedlings, and 80 ounces of usable cannabis, or 6 ounces of usable cannabis per qualifying patient; and

(2) Three mature cannabis plants, 12 seedlings, and 6 ounces for each qualifying patient registered as a qualifying patient under this chapter.

(b) An alternative treatment center or alternative treatment center agent shall not dispense, deliver, or otherwise transfer cannabis to any person or entity other than:

(1) A qualifying patient; or

(2) Such patient's designated caregiver; or

(3) Another alternative treatment center; or

(4) A visiting qualifying patient.

(c) All cultivation of cannabis shall take place in an enclosed, locked facility registered with the department and which can only be accessed by alternative treatment center agents.

XVI. (a) All cannabis dispensed by an alternative treatment center shall include a label specifying the commercial strain name of the cannabis, the weight of the cannabis, and any other information the department requires to appear on the label. The label shall also specify that the cannabis is for therapeutic use and that diversion is a class B felony requiring revocation of one's registry identification card. An alternative treatment center may list the commercial strain names of the cannabis available to be dispensed on its public Internet website.

(b) Alternative treatment centers shall collect data on strains used and methods of delivery for qualifying conditions and symptoms, any side effects experienced, and therapeutic effectiveness for each patient who is willing to provide the information. Such data collection shall be done under the qualifying patient's registry identification number to protect the patient's confidentiality.

(c) An alternative treatment center shall provide educational materials about cannabis to qualifying patients and their registered primary caregivers. Each alternative treatment center shall have an adequate supply of up-to-date educational material available for distribution. Educational materials shall be available for inspection by the department upon request. The educational material shall at least include information about the following:

(1) Strains of cannabis, routes of administration, and their different effects. Alternative treatment centers shall have educational materials available to assist in the selection of prepared cannabis. Alternative treatment centers shall provide tracking sheets to qualifying patients and their providers who request them to keep track of the strains used and their effects.

(2) How to achieve proper dosage for different modes of administration. Emphasis shall be on using the smallest amount possible to achieve the desired effect. The impact of potency shall also be explained.

(3) Information on tolerance, dependence, and withdrawal shall be provided.

(4) Information regarding substance abuse signs and symptoms shall be available, as well as referral information.

(5) Information on whether the alternative treatment center's cannabis and associated products meet organic certification standards.

(6) Information about possible side effects from the use of cannabis for therapeutic purposes.

(7) Information about the risks of cannabis use during pregnancy and while breastfeeding, as outlined by the therapeutic cannabis medical oversight board. Such information shall include the posting of an informational poster regarding the risks of cannabis use during pregnancy and while breastfeeding in a conspicuous location at the alternative treatment center's dispensary location.

(8) Information regarding safe storage and disposal of cannabis and paraphernalia to prevent accidental poisonings, including the contact information for the Northern New England Poison Control Center.

(9) Information about the risks of cannabis use in adolescence as outlined by the therapeutic cannabis medical oversight board. Such information shall include the posting of an informational poster on the risks of cannabis use in adolescence in a conspicuous location at the alternative treatment center's dispensary location.

XVII. (a) Each alternative treatment center shall develop, implement, and maintain on the premises employee and agent policies and procedures to address the following requirements:

(1) A job description or employment contract developed for all employees and a volunteer agreement for all volunteers, which includes duties, authority, responsibilities, qualifications, and supervision.

(2) Training in and adherence to confidentiality laws.

(3) The proper use of security measures and controls that have been adopted.

(4) Specific procedural instructions on how to respond to an emergency.

(b) All alternative treatment centers shall prepare training documentation for each employee and have employees sign a statement indicating the date, time, and place the employee received said training and topics discussed, to include name and title of presenters. The alternative treatment center shall maintain documentation of an employee's and a volunteer's training for a period of at least 6 months after termination of an employee's period of employment or the volunteer's period of voluntary service.

(c) Each alternative treatment center shall maintain a personnel record for each alternative treatment center agent that includes an application for employment or to volunteer and a record of any disciplinary action taken.

XVIII. A provider shall not:

(a) Accept, solicit, or offer any form of pecuniary remuneration from or to an alternative treatment center, except if the provider is employed by an alternative treatment center.

(b) Offer a discount or other thing of value to a patient who uses or agrees to use a particular alternative treatment center.

(c) Examine a patient in relation to issuing a written certification at a location where cannabis is sold or distributed.

(d) Hold an economic interest in an alternative treatment center if the provider issues written certifications to patients.


Source. 2013, 242:1. 2014, 72:3, eff. July 26, 2014. 2015, 29:1, eff. April 1, 2015; 143:8, eff. Aug. 11, 2015. 2021, 47:4, eff. July 24, 2021; 62:1, eff. Aug. 3, 2021; 122:30, 31, eff. Sept. 7, 2021; 193:12, eff. Sept. 7, 2021 at 12:01 a.m. 2022, 272:66, 67, eff. July 24, 2022.

    126-X:9 Repealed by 2021, 52:2, eff. July 24 2021. 

    126-Z:1 Definitions. 

In this chapter:

I. "
Eligible patient
" means a person to whom all of the following apply:

(a) The person has a terminal illness as determined by the person's physician and a consulting physician.

(b) The person's physician has determined that the person has no comparable or satisfactory United States Food and Drug Administration (FDA) approved treatment options available to diagnose, monitor, or treat the disease or condition involved and that the probable risk to the person from the investigational drug, biological product, or device is not greater than the probable risk from the disease or condition.

(c) The person has received a prescription or recommendation from the person's physician for an investigational drug, biological product, or device.

(d) The person has given written informed consent for the use of the investigational drug, biological product, or device or, if the patient is a minor or lacks the mental capacity to provide informed consent, a parent or legal guardian has given written informed consent on the patient's behalf.

(e) The person has documentation from the person's physician that the person has met the requirements of this paragraph.

II. "
Investigational drug, biological product, or device
" means a drug, biological product, or device that has successfully completed phase one of a clinical trial, but has not been approved for general use by the FDA and remains under investigation in a clinical trial.

III. "
Physician
" means the licensed physician who is providing medical care or treatment to the eligible patient for the terminal illness.

IV. "
Terminal illness
" means a disease that, without life-sustaining procedures, will result in death in the near future or a state of permanent unconsciousness from which recovery is unlikely.


Source. 2016, 206:2, eff. June 6, 2016.

    126-Z:2 Availability of Investigational Drugs, Biological Products, or Devices;  Costs;  Coverage. 

I. A manufacturer of an investigational drug, biological product, or device may make available an investigational drug, biological product, or device to eligible patients pursuant to this chapter. A manufacturer may:

(a) Provide an investigational drug, biological product, or device to an eligible patient without receiving compensation.

(b) Require an eligible patient to pay the costs of or associated with the manufacture of the investigational drug, biological product, or device.

(c) Require an eligible patient to participate in data collection relating to the use of the investigational drug, biological product, or device.

II. This chapter shall not require a health care insurer or any state agency to provide coverage for the cost of any investigational drug, biological product, or device.

III. Nothing in this chapter shall require the manufacturer of an investigational drug, biological product, or device to include an eligible patient in a particular clinical trial or study.


Source. 2016, 206:2, eff. June 6, 2016.

    126-Z:3 Liability of Physician;  Facility. 

I. Notwithstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based solely on a physician's recommendation to an eligible patient regarding or prescription for or treatment with an investigational drug, biological product, or device.

II. Notwithstanding any provision of law to the contrary, the department of health and human services shall not take action against a facility licensed under RSA 151 based solely on the institution's participation in the treatment or use of an investigational drug, biological product, or device under this chapter.


Source. 2016, 206:2, eff. June 6, 2016.

    126-Z:4 Private Cause of Action. 

Nothing in this chapter shall be construed to create a private cause of action against a manufacturer of an investigational drug, biological product, or device or against any other person or entity involved in the care of an eligible patient using the investigational drug, biological product, or device for any harm done to the eligible patient resulting from the investigational drug, biological product, or device, if the manufacturer or other person or entity is complying in good faith with the terms of this chapter and has exercised reasonable care.


Source. 2016, 206:2, eff. June 6, 2016.

    126-Z:5 Severability. 

If any provision of this chapter, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect the other provisions or applications of the chapter which can be given effect without the invalid provisions or applications and to this end the provisions of this chapter are severable.


Source. 2016, 206:2, eff. June 6, 2016.

    126:1 to 126:6-a Repealed by 2003, 319:77, I, eff. July 1, 2003. 

    126:10 Repealed by 1997, 325:22, III, eff. Aug. 22, 1997. 

    126:11 Repealed by 1997, 325:22, IV, eff. Aug. 22, 1997. 

    126:12 to 126:18 Repealed by 2003, 319:77, I, eff. July 1, 2003. 

    126:19 Repealed by 1997, 325:22, V, eff. Aug. 22, 1997. 

    126:20 Repealed by 1997, 325:22, VI, eff. Aug. 22, 1997. 

    126:21 to 126:23 Repealed by 1959, 43:4, eff. June 7, 1959. 

    126:23-a, 126:24 Repealed by 2003, 319:77, I, eff. July 1, 2003. 

    126:24-a Definitions. 

In this chapter:

I. "
Board
" means the vital records privacy board for health-related research, established in RSA 126:24-e.

II. "
Commissioner
" means the commissioner of the department of health and human services.

III. "
Department
" means the department of health and human services.


Source. 2003, 319:76. 2010, 87:3, eff. July 24, 2010.

    126:24-b Intent. 

The bureau of health statistics and data management within the department is designated the health statistics center of New Hampshire in accordance with Public Law 95-623 section V(c)(1).
 The bureau is authorized to coordinate and disseminate health-related information for the purposes of protecting public health while adhering to privacy requirements. In carrying out its duties, the department shall use the minimum amount of information that is reasonably necessary to protect the health of the public.


Source. 2003, 319:76, eff. July 1, 2003.

    126:24-c Access to Information From Vital Records for Public Health Purposes. 

The department shall have a direct and tangible interest in vital records data including personal identifiers. The secretary of state shall provide continuous electronic access to the department of the entire contents of the data files on a 24-hour, 7-day per week basis. If a means of electronic access becomes possible that will allow access at a faster rate, the department may utilize such new means of access, provided that it assumes the full cost of implementing the new means of access. Such access shall be provided in standard database format that establishes a remote electronic link from the secretary of state's office to the department that would not restrict the ability of the department to transfer data. However, under no circumstance shall any information relative to any adoption or any restricted record as determined by a court of law be provided to the department.


Source. 2003, 319:76, eff. July 1, 2003.

    126:24-cc Memorandum of Understanding. 

The commissioner and secretary of state shall enter into a memorandum of understanding to address the role of each agency in maintaining the state's vital records system. The memorandum shall facilitate a working relationship between the 2 agencies in meeting their respective responsibilities under this chapter and RSA 5-C. The memorandum shall be reviewed annually and may be modified at the request of either agency.


Source. 2005, 268:11. 2010, 368:22, eff. Dec. 31, 2010.

    126:24-d Disclosure of Information From Vital Records. 

All protected health information possessed by the department shall be considered confidential, except that the commissioner shall be authorized to provide vital record information to institutions and individuals both within and outside of the department who demonstrate a need for such information for the purpose of conducting health-related research. Any such release shall be conditioned upon the understanding that once the health-related research is complete that all information provided will be returned to the department or destroyed. All releases of information shall be consistent with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA)
 and regulations promulgated thereunder by the United States Department of Health and Human Services (45 C.F.R. Part 160 and Part 164). This shall include the requirement that all proposed releases of vital records information to institutions and individuals both within and outside the department for the purposes of health-related research be reviewed and approved by the board, under RSA 126:24-e, before the requested information is released.


Source. 2003, 319:76. 2010, 87:4, eff. July 24, 2010.

    126:24-e Institutional Review Board. 

I. There is hereby established an independent board administratively attached, pursuant to RSA 21-G:10, to the department to review requests for vital records information for the purposes of conducting health-related research. No vital records information requested for the purposes of conducting health-related research shall be released until the request has first been reviewed and approved by the board.

II. The board shall have 6 members, with varying backgrounds to promote complete and adequate review of health-related research activities. The commissioner shall appoint 3 of the members and the secretary of state shall appoint 3 members. The board shall be sufficiently qualified through the experience and expertise of its members, and the diversity of the members to promote respect for its advice and counsel in safeguarding the privacy and confidentiality of vital records information that is used for the purposes of health-related research. In addition to possessing the professional competence necessary to review specific health-related research activities, the board shall be able to ascertain the acceptability of proposed research in terms of applicable law, regulations, and standards of professional conduct and practice. The board shall therefore include persons knowledgeable in these areas.

III. The board shall include at least one member whose primary concerns are in the area of public health research activities and at least one member whose primary concerns are in nonpublic health areas.

IV. The board shall include at least 2 members who are not otherwise affiliated with either the department or the department of state and who are not part of the immediate family of a person who is affiliated with either the department or the department of state.

V. No member of the board shall participate in initial or continuing review of any health-related research project in which the member has a conflicting interest, except to provide information requested by the board.

VI. The board may, in its discretion, invite individuals with competence in special areas to assist in the review of issues which require expertise beyond or in addition to that possessed by the members of the board. These individuals may only offer advice and guidance and shall not participate in the decision as to whether or not to approve the release of vital records information for the purposes of health-related research.

VII. The board shall have 2 part-time staff persons to conduct the duties associated with the work of the board. The board shall reimburse members for travel expenses associated with board activities.


Source. 2003, 319:76. 2010, 87:5, eff. July 24, 2010.

    126:24-f Rulemaking. 

The commissioner may adopt rules, pursuant to RSA 541-A, relative to:

I. With the exception of vital records, guidance and direction in the collection and accuracy of statistical and medical information by data collectors.

II. Procedures, conditions, and criteria for release of information, under RSA 126:24-d.


Source. 2003, 319:76, eff. July 1, 2003.

    126:24-g Repealed by 2010, 368:1(40), eff. Dec. 31, 2010. 

    126:24-h Repealed by 2011, 231:2(1), eff. Dec. 31, 2011. 

    126:24-i Penalty. 

Any person shall be guilty of a class B felony if he or she willfully and knowingly furnishes or disseminates vital records information in a manner inconsistent with the purposes for which it was released.


Source. 2003, 319:76, eff. July 1, 2003.

    126:25 Data Collection. 

I. This subdivision establishes a system for the collection of health care data and for the disclosure of data consistent with the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 45 C.F.R. sections 160, 162, and 164, limited to public health activities, health care oversight, research, health care operations, the administration of anti-fraud, waste, and abuse activities, and the prevention of anti-competition practices in the health care system. For the purposes of this section, health care operations shall not include marketing or fundraising except such use or disclosure shall be permissible for market analysis.

II. All health care facilities under RSA 151:2 shall file health care data as required by the commissioner of health and human services, pursuant to RSA 126:27. This data shall include, but not be limited to:

(a) For hospitals, the data now collected through the uniform health care facility discharge data set as amended by rule pursuant to RSA 541-A; and

(b) For all facilities, disposition destination of each patient or resident admitted, payer information, charge by discharge, and any demographic or diagnostic information necessary for the administration of this subdivision.


Source. 1985, 378:2. 1990, 63:1. 1991, 83:1. 1995, 310:51, 57. 2003, 309:4. 2009, 43:1; 307:2. 2011, 115:1, I. 2012, 282:17, I, eff. June 30, 2015. 2019, 233:2, eff. July 12, 2019.

    126:26 Repealed by 2019, 233:7, I, eff. July 12, 2019. 

    126:27 Rulemaking. 

The commissioner of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:

I. The types of data which each facility shall be required to file under RSA 126:25.

II. The form in which data shall be filed under RSA 126:25.

III. The times at which data shall be filed under RSA 126:25.

IV. User fees which shall be assessed persons requesting data under RSA 126:28, 126:30, and 141-B:9.

V. Confidentiality of data collected and disclosed under this subdivision subject to the provisions of RSA 126:28.

VI. Procedures and written requirements for obtaining, using, and protecting data provided by the department of health and human services under RSA 126:28.


Source. 1985, 378:2. 1993, 10:1. 1995, 310:53, 54, 181. 1999, 318:1. 2003, 319:54, eff. July 1, 2003. 2019, 233:3, eff. July 12, 2019.

    126:28 Availability of Data. 

Notwithstanding any other provision of law, data collected under RSA 126:25 shall be made available:

I. To the public upon request, provided that individual patients or health care practitioners shall not be directly or indirectly identifiable.

II. To individuals or entities for research, public health, or health care operations as defined by HIPAA, or any other individual or entity as allowable by law, demonstrating a legitimate need for such information, if such disclosure is consistent with all applicable HIPAA standards and approved by the commissioner, or designee, in accordance with rules adopted under RSA 126:27. Use of data disclosed shall not be for marketing or fundraising targeted to individuals except such use or disclosure shall be permissible for market analysis.

III. To the insurance department, the department of justice, or any other state or federal agency, and any agency's contractors, for review of health care matters within the agency's respective jurisdictional authority. An agency or contractor receiving health care data under this section shall comply with all state and federal confidentiality, privacy, and security protections.


Source. 1985, 378:2. 1994, 133:3. 1995, 310:182. 2012, 282:4, eff. June 30, 2015. 2019, 233:4, eff. July 12, 2019.

    126:29 Penalties. 

In addition to any other penalties provided by law, any health care facility which willfully fails to comply with the provisions of this subdivision shall be subject to a civil penalty of $100 for each day of noncompliance, which shall not be reimbursable by a commercial insurer, nonprofit health services corporation, health maintenance organization, or multiple employer welfare arrangement as provided in RSA 415, 420-A, 420-B, and 415-E.


Source. 1985, 378:2. 1995, 310:55. 2012, 282:5, eff. June 30, 2015. 2019, 233:4, eff. July 12, 2019.

    126:30-a to 126:32 Repealed by 2003, 319:77, II, eff. July 1, 2003. 

    126:30 User Fees. 

Any person requesting copies of data or statistical information filed with the department of health and human services under RSA 126 or RSA 141-B shall pay to the department a fee established by the commissioner of health and human services pursuant to RSA 126:27, IV. The fee shall reflect the full costs of preparing the data for release, including the cost of personnel time, computer and any related expenses associated with fulfilling the request.


Source. 1985, 378:2. 1993, 10:2. 1995, 310:175, 181. 2012, 282:6, eff. June 30, 2015. 2018, 204:4, eff. July 1, 2018.

    126:33, 126:34 Repealed by 2019, 233:7, II, eff. July 12, 2019. 

    126:7 Repealed by 1977, 362:2, eff. Aug. 30, 1977. 

    126:8 Repealed by 2003, 319:77, I, eff. July 1, 2003. 

    126:9 Repealed by 1997, 325:22, II, eff. Aug. 22, 1997. 

    127:1 Authority Granted. 

Any town by vote at town meeting and any city by vote of the city councils may unite with any other town or city to form a district department of health. The affairs of any such district department of health shall be managed by a board as hereinafter provided.


Source. 1949, 203:1, eff. May 20, 1949.

    127:10 Additional Funds. 

Any district department of health organized hereunder is authorized to use any additional funds which the department of health and human services may secure from federal agencies or other official agencies and which it may allot to such district department of health.


Source. 1949, 203:11. RSA 127:10. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.

    127:11 Withdrawal From District. 

Any town or the city council of any city, which has voted to unite with another town or city to form a district department of health, may vote to withdraw from the district. Such withdrawal shall not become effective until the first day of July following such vote of withdrawal.


Source. 1949, 203:10, eff. May 20, 1949.

[RSA 127:12 repealed by 2022, 278:2, effective November 1, 2023.]
    127:12 Commission Established. 

I. There is established a commission to study the delivery of public health services through regional public health networks and the continued development of coordinated responses to public health incidents and emergencies in New Hampshire.

II. The members of the commission shall be as follows:

(a) One member of the senate, appointed by the president of the senate.

(b) One member of the house of representatives, appointed by the speaker of the house of representatives.

(c) One representative from each of the 13 regional public health networks (RPHNs), appointed by the director of each respective network.

(d) The director of the division of public health of the department of health and human services, or designee.

(e) One member of the New Hampshire Public Health Association, appointed by the association.

III. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

IV. The commission shall:

(a) Review the operations of the current 13 public health networks.

(b) Review regional public health priorities across the state.

(c) Propose a plan for the provision and implementation of sustainable programs, practices, governance, and policies that are evidence-based to improve health outcomes across New Hampshire.

(d) Review management of public health emergencies at the state and local level.

(e) Review the coordination of services among partners, including local public health officers, and propose a plan for optimizing these services.

V. The commission may solicit information and participation from any person or entity determined necessary by the committee in the performance of its duties.

VI. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.

VII. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2023.


Source. 2022, 278:1, eff. June 24, 2022.

    127:2 Board. 

The selectmen of each town and the city councils of each city, which has so voted to become a part of any such district, shall appoint annually 2 persons to be members of such board. Provided that any town or city having a population of more than 5,000 inhabitants, as determined by the last completed United States census, shall be entitled to one additional representative on said board for each 5,000 population or part thereof.


Source. 1949, 203:2, eff. May 20, 1949.

    127:3 Organization. 

Each board annually shall elect a chairperson and a district treasurer and shall determine the relative amount of service to be performed in each town or city within the district by persons employed by the board and shall furnish the necessary offices and equipment to enable it to carry out its duties. The fiscal year of each district department of health shall be from July 1 to June 30 and, during the month of June in each year, the board shall estimate the amount of money required to pay the costs and expenses of the district during the ensuing fiscal year.


Source. 1949, 203:3. 1997, 200:1, eff. Aug. 17, 1997.

    127:4 Payments. 

From time to time the board shall draw upon the treasurer of each town or city within the district for such funds as may have been apportioned to each to pay the costs of operating the district. Such apportionment shall be based upon the population of the towns and cities in the district.


Source. 1949, 203:4, eff. May 20, 1949.

    127:5 Health Officer. 

The board shall appoint some discreet person, possessing the qualifications hereinafter specified, to be health officer for such district. If the district health officer shall not be elected within 60 days from the formation of any such district, or in case a vacancy in said office shall continue to exist for 60 days or more, such officer shall be appointed by the commissioner of the department of health and human services. Upon the appointment of a health officer under the provisions of this section, the terms of office of the health officers of the towns or cities forming such district shall terminate.


Source. 1949, 203:5. 1995, 310:182, eff. Nov. 1, 1995.

    127:6 Qualifications. 

The district health officer shall have a bachelor's or graduate degree in public health, medicine, sanitary engineering, environmental health, microbiology, or general sanitation and at least one year of work experience in the field of public health. The district health officer shall be removed only for cause after a public hearing by the board on charges preferred of which reasonable notice shall have been given. The district health officer shall perform such duties as are required of health officers by the general laws of the state and as the state shall determine and shall act as secretary of the board, but shall not have a right to vote.


Source. 1949, 203:6. RSA 127:6. 1983, 291:1, I. 1985, 190:34. 1995, 310:181, 182. 1997, 200:2, eff. Aug. 17, 1997.

    127:7 District Treasurer. 

The district treasurer shall disburse the money received from the towns and cities in the district and from other sources upon warrants approved by a majority of the board and signed by the chairperson and secretary. The treasurer shall give bond to the district for the faithful performance of the duties as treasurer in such sums and upon such conditions as the board may require.


Source. 1947, 203:7. 1997, 200:3, eff. Aug. 17, 1997.

    127:8 Employees. 

The district health officer shall be the executive officer of the district department of health and shall appoint all necessary assistants or clerks subject to the approval of the board. Such employees shall perform such duties as shall be prescribed by the district health officer and receive such compensation as shall be fixed by the board.


Source. 1949, 203:8, eff. May 20, 1949.

    127:9 Appropriations. 

Any town, or city councils of any city, at any legal meeting, may grant and vote such sums of money as it shall judge necessary for the purpose of paying the apportionment of said town or city as a member of any district department of health.


Source. 1949, 203:9, eff. May 20, 1949.

    128:1 Appointment. 

The commissioner of the department of health and human services shall appoint as health officer for each town such person as the selectmen of the town recommend, and the commissioner of the department of health and human services shall issue to the health officer a certificate of appointment. The appointed officer shall provide the department with sufficient and complete contact information to be readily accessible as needed. Upon the expiration of the officer's term, or upon his or her removal, death, or resignation or the occurrence of a vacancy in the office for any reason, the selectmen shall recommend a replacement as soon as reasonably practicable; but if no recommendation is made within 15 days after notice, the commissioner may appoint a health officer without such recommendation.


Source. 1915, 27:1. PL 126:1. RL 148:1. RSA 128:1. 1995, 310:182, 183. 1997, 200:4, eff. Aug. 17, 1997. 2021, 61:1, eff. June 4, 2021.

    128:10 Administrative Rulemaking. 

The commissioner of the department of health and human services may adopt administrative rules for implementation of this chapter pursuant to RSA 541-A.


Source. 2021, 61:6, eff. June 4, 2021.

    128:11 Reporting Requirement. 

Beginning November 1, 2021, and annually thereafter, the New Hampshire health officers association, in consultation with the department of health and human services, shall report to the joint legislative oversight committee on health and human services, established in RSA 126-A:13, and the state health assessment and state health improvement plan advisory council, established in RSA 126-A:88, regarding the readiness of municipal health officers to respond to potential public health threats in New Hampshire.


Source. 2021, 61:6, eff. June 4, 2021.

    128:2 Residence. 

The commissioner of the department of health and human services may appoint any qualified person to act in unorganized localities as a health officer.


Source. 1915, 27:1. PL 126:2. RL 148:2. 1947, 51:1. RSA 128:2. 1995, 310:182, eff. Nov. 1, 1995. 2021, 61:2, eff. June 4, 2021.

    128:3 Secretary of Local Board. 

The health officer shall be the secretary and executive officer of, and, with the selectmen, shall constitute the local board of health for the town. The local board of health for each town shall meet at least once every year, and as frequently as needed, to review the state of local public health issues and concerns and provide information, as requested, to the department of health and human services, on the readiness to address relevant public health threats at the local or regional levels.


Source. 1915, 27:2, 3. PL 126:3. RL 148:3. RSA 128:3. 1997, 200:5, eff. Aug. 17, 1997. 2021, 61:3, eff. June 4, 2021.

    128:4 Term;  Removal. 

The health officer shall hold office for 3 years or until a successor is appointed. The commissioner of the department of health and human services may remove the health officer for cause at any time after notice and hearing, and may fill the vacancy in such office by appointment as provided in RSA 128:1.


Source. 1915, 27:3. PL 126:4. RL 148:4. RSA 128:4. 1995, 310:182. 1997, 200:6, eff. Aug. 17, 1997.

    128:5-a Entry Authorized for Investigation. 

I. A health officer of a town or the health officer's agent shall not be guilty of criminal trespass pursuant to RSA 635:2 when conducting an investigation of sanitary conditions on private property without the consent of the owner, regardless of whether or not the property is designated a secured premises.

II. The authority to enter private property without the consent of the owner for investigation of sanitary conditions does not include the right to enter into any living quarters situated on private property.


Source. 1985, 401:39. 1997, 200:8, eff. Aug. 17, 1997.

    128:5-b Deputy Health Officer. 

When a health officer has been appointed under the provisions of RSA 128:1, such officer may, subject to the approval of the selectmen and the commissioner of the department of health and human services, appoint a deputy health officer or officers who shall be empowered to enforce public health laws and regulations and make such sanitation investigations as the health officer may direct or as may be required by the department of health and human services. The term of the deputy health officer shall expire with that of the health officer, or may be extended with the approval of the board of selectmen, in consultation with the commissioner of the department of health and human services or designee, until the health officer vacancy is filled. The deputy health officer shall receive such compensation from the town as the selectmen of the town shall fix.


Source. 1997, 200:9, eff. Aug. 17, 1997. 2021, 61:4, eff. June 4, 2021.

    128:5 Duties;  Compensation. 

The town health officer:

I. Shall enforce the public health laws and rules.

II. Shall make such sanitary investigations as may be directed by the local board of health, or as may be required by the department of health and human services.

III. May, upon reasonable information, personal knowledge or belief, in order to safeguard public health or to prevent pollution of any aquifer or body of water, enter upon private property, but not into any living quarters, to investigate and, if necessary, take appropriate action to prevent further pollution.

IV. Shall receive for the health officer's services the compensation fixed by the selectmen or the town, except as otherwise provided.

V. May, if duly appointed to serve any New Hampshire town, serve temporarily at the request of the governing body of any other New Hampshire town and may perform any lawful duties within that other town. For those duties performed at the request of such town, all compensation, expenses and liability coverage shall be incumbent upon the requesting town. For the purposes of this paragraph, "
temporarily
" means 30 calendar days or fewer.


Source. 1915, 27:4. PL 126:5. RL 148:5. RSA 128:5. 1985, 401:38. 1995, 310:181. 1997, 200:7. 2012, 15:1, eff. June 22, 2012.

    128:6-a Deputy Health Officer. 

In case where a health officer has been appointed under the provisions of RSA 128:6 for several towns, such officer may, subject to the approval of the selectmen of the several towns and the commissioner of the department of health and human services, appoint a deputy health officer or officers who shall be empowered to enforce public health laws and regulations and make such sanitation investigations as said health officer may direct or as may be required by the department of health and human services. Said deputy health officer shall receive such compensation from each town as the selectmen thereof or the town shall fix.


Source. 1959, 184:1. 1995, 310:181, 182, eff. Nov. 1, 1995.

    128:6 Health Officer for Several Towns. 

Upon recommendation of the selectmen of each of several towns the commissioner of the department of health and human services may, in the commissioner's discretion, appoint any qualified person as health officer for all of said towns, and such health officer shall receive such compensation from each town as the selectmen thereof or the town shall fix.


Source. 1931, 90:3. RL 148:6. 1947, 51:2. RSA 128:6. 1995, 310:182. 1997, 200:10, eff. Aug. 17, 1997. 2021, 61:5, eff. June 4, 2021.

    128:7 Where Statute Inapplicable. 

This chapter shall not apply to cities.


Source. 1915, 27:5. PL 126:6. RL 148:7.

    128:8 Training and Qualifications. 

Within one year of appointment every health officer shall complete a minimum of 3 hours of training on topics related to the specific state laws that provide authority to health officers. The training shall be administered at no cost to the municipality by the department of health and human services in collaboration with the New Hampshire health officers association (NHHOA). The curriculum shall cover, but not be limited to, duties and responsibilities of the health officer as required on rental housing standards pursuant to RSA 48-A:3, I(c), assessment and management of health nuisances pursuant to RSA 147, and duties pursuant to RSA 128:5. The required training may be taken in person, or through a remote learning platform as provided by the department of health and human services. Municipalities shall cover reasonable costs of attending the NHHOA training subject to the provisions of RSA 129:1.


Source. 2021, 61:6, eff. June 4, 2021.

    128:9 Background Check. 

Each municipality shall request and obtain a criminal history record information request from the department of safety, as a prerequisite to any nomination of a health officer or deputy health officer, to be submitted to the commissioner of the department of health and human services or his or her designee, in order to determine if there are any prior convictions that may disqualify such person or interfere with the performance of his or her duties.


Source. 2021, 61:6, eff. June 4, 2021.

    129:1 City and Town Health Officers Association. 

Town and city health officers shall be entitled to receive the actual expenses incurred by them in attending the yearly meeting of the New Hampshire Health Officers Association, the same to be audited by the selectmen of towns and the finance committee of cities respectively and paid out of the town or city treasury.


Source. 1951, 114:1, eff. May 15, 1951.

    130-A:1 Definitions. 

As used in this chapter:

I. "Child" or "children" means a person or persons 72 months of age or less.

II. "Child care facility" means a facility required to be licensed under the provisions of RSA 170-E:4.

III. "Commissioner" means the commissioner of the department of health and human services.

IV. "Department" means the department of health and human services.

V. "Dwelling" means a structure used or intended for human habitation, including interior and exterior surfaces, and may include common areas and all other property, including land and other structures, located within the same lot.

VI. "Dwelling unit" means any room, group of rooms or other interior area of a dwelling or other structure, all or part of which is offered or made available for human habitation, and may include all common areas of the unit and exterior surfaces.

VII. "Encapsulation" means resurfacing or covering surfaces with such substances, including paints as are approved as encapsulants, and sealing or caulking with durable materials, to prevent or control the creation of lead exposure hazards. Approved encapsulants under this chapter are:

(a) Paints or other substances approved under section 402(a) of Title IV of the Toxic Substances Control Act, 15 U.S.C. section 2601, et seq.;

(b) Paints or other substances approved as encapsulants by public health authorities in any other state, and approved by the commissioner;

(c) Paints or other substances set forth in rules adopted by the commissioner pursuant to RSA 130-A:10, XIV.

VIII. "Health authority" means any health officer appointed under RSA 47:12 and RSA 128:1.

VIII-a. "Health care provider" means any person, corporation, facility, or institution either licensed by this state or otherwise lawfully providing health care services, and any officer, employee or agent of such provider acting in the course and scope of employment or agency related to or supportive of health care services.

IX. "Interim controls" means a set of measures designed to reduce temporarily human exposure or likely exposure to lead exposure hazards, including regular cleaning, repairs, maintenance, painting, or temporary containment, and the establishment and operation of management and resident education programs. "Interim controls" may include in-place management.

X. "Lead abatement worker" means an employee of a lead abatement contractor or of the owner or manager of a leased or rented dwelling or dwelling unit, or of a child care facility, engaged in lead base substance abatement or who supervises such abatement.

XI. "Lead base substance" means:

(a) When present in a dried film of paint or other coating on walls, woodwork or other surfaces, or in plaster, putty or other substances:

(1) The presence of lead equal to or greater than 1.0 milligram of lead per square centimeter of surface area as measured on site by a portable x-ray fluorescence analyzer; or

(2) The presence of lead equal to or greater than 0.5 percent lead by weight as determined by laboratory analysis.

(b) When present in soil, the presence of lead equal to or greater than 400 parts per million of lead in bare soil in children's play areas or 1,200 parts per million average for bare soil in the rest of the yard.

(c) When present in surface dust and quantified as an area or mass concentration:

(1) The presence of lead on floors, equal to or greater than 40 micrograms of lead per square foot;

(2) The presence of lead on windowsills, equal to or greater than 250 micrograms of lead per square foot;

(3) The presence of lead in window wells, equal to or greater than 400 micrograms of lead per square foot; or

(4) As established by the United States Environmental Protection Agency, in which case the federal standard shall prevail.

XII. "In-place management" means the use of maintenance or administrative controls, including specialized cleaning and periodic monitoring, to prevent lead base substances from becoming lead exposure hazards.

XIII. "Lead base substance abatement" means any set of measures designed to permanently eliminate a lead exposure hazard, including removal, containment, encapsulation, or replacement of surfaces or fixtures that present a lead exposure hazard and all preparation, cleanup, and post abatement clearance testing associated with such measures.

XIV. "Lead abatement contractor" means any person or entity engaged in lead base substance abatement.

XV. "
Lead inspector
" means any person or entity engaged in inspections for the presence of lead base substances.

XVI. "Lead exposure hazard" means:

(a) The presence of lead base substances on chewable, accessible, horizontal surfaces that protrude more than 
1/2 inch and are located more than 6 inches but less than 4 feet from the floor or ground;

(b) Lead base substances which are peeling, chipping, chalking, or cracking or any paint located on an interior or exterior surface or fixture that is damaged or deteriorated and is likely to become accessible to a child;

(c) Lead base substances on interior or exterior surfaces that are subject to abrasion or friction or subject to damage by repeated impact; or

(d) Bare soil in play areas or the rest of the yard that contains lead in concentrations equal to or greater than the limits defined in RSA 130-A:1, XI(b).

XVI-a. "Lead hazard reduction" means a set of measures designed to reduce a lead exposure hazard, including abatement, interim controls, or a combination of them.

XVI-b. "
Lead risk assessor
" means an individual who conducts risk assessments, as defined in He-P 1602.44, develops lead hazard reduction plans, as defined in paragraph XVI-a, and issues final risk assessment reports.

XVI-c. "
Lead clearance testing technician
" means an individual who conducts tests for the presence of surface dust, as defined in subparagraph XI(c), or lead in soil, as defined in subparagraph XI(b).

XVII. "Occupant" means any person who legally resides in a dwelling or dwelling unit.

XVIII. "Owner" means any person who, alone or jointly or severally with others, has legal title to any dwelling, dwelling unit, or child care facility, or a person who has charge, care or control of a dwelling, dwelling unit, or child care facility as an agent of the owner, or an executor, administrator, trustee, or guardian of the estate of the owner. An agent of the owner excludes real estate, property management, and other entities which do not have authority to fund capital or major property rehabilitation on behalf of the owner. The term "owner" does not include a person who holds indicia of ownership primarily to protect a mortgage interest or security interest in real or personal property on or at a dwelling, dwelling unit or child care facility and who does not participate in the management of a dwelling, dwelling unit or child care facility. For the purpose of this definition, the owner of publicly owned dwellings, dwelling units or child care facilities shall be the chief administrative officer of the responsible town, city, county or state agency.

XIX. "Participating" or "participate" "in the management of a dwelling, dwelling unit or child care facility" means the actual participation by a holder in the management or operational affairs of a dwelling, dwelling unit or child care facility, including without limitation where a holder exercises control at a level comparable to that of a manager of the enterprise with responsibility for day-to-day decision-making with respect to all or substantially all of the operations (as opposed to financial or administrative) aspects of the dwelling, dwelling unit or child care facility. The following types of activities, in and of themselves, shall not constitute participation in the management of a dwelling, dwelling unit or child care facility:

(a) Taking title to a dwelling, dwelling unit or child care facility by foreclosure, by accepting a deed to such dwelling, dwelling unit or child care facility in lieu of foreclosure, by taking title to such dwelling, dwelling unit or child care facility by other similar means or the transfer or sale of such dwelling, dwelling unit or child care facility.

(b) Conducting, or requiring the borrower to conduct, an environmental assessment or audit of the dwelling, dwelling unit or child care facility.

(c) Withholding funds under an existing obligation or restructuring or renegotiating the terms of a borrower's obligations, including, but not limited to, requiring the payment of interest, the extension of payment periods or the issuance of additional funds.

(d) Providing financial advice to the borrower.

(e) Requiring or advising the borrower to comply with federal, state and local laws, rules, regulations, orders and permits.

(f) Collecting rents, maintaining utility services and securing the dwelling, dwelling unit or child care facility from unauthorized entry.

(g) Undertaking a lead base substance abatement.

XX. "Person" means any individual, corporation, company, association, partnership or other entity and includes town, city, county and state governmental agencies.

XXI. "Primarily to protect a mortgage interest or security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing the payment or performance of the loan or other obligation.


Source. 1993, 325:2. 1995, 213:1; 310:175, 181-183. 1997, 165:1, 19. 2000, 96:1, 2. 2002, 63:1, 2, eff. Jan. 1, 2003.

    130-A:10 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Qualifications and procedures for licensure of lead inspectors, lead risk assessors, and lead abatement contractors, in accordance with RSA 130-A:12. The rules shall provide for reciprocity with other states having similar standards.

II. Standards and procedures for the testing and certification of lead abatement workers and lead clearance testing technicians, in accordance with RSA 130-A:12. The rules shall provide for reciprocity with other states having similar standards.

III. The conduct of inspections and inspection standards for lead inspectors and lead risk assessors, including procedures for issuing certificates of inspection and certifications of compliance and for the review and validation of such certificates or certifications by the department for any person who so requests.

IV. Fees to be collected for the issuance of licenses to lead inspectors, lead risk assessors, lead abatement contractors, for certification of lead abatement workers and lead clearance testing technicians, for testing resulting from investigations, for certifications of training programs, exam and training fees, for notifications under RSA 130-A, and other environmental fees. Property owners who own more than 4 but fewer than 7 dwelling units shall pay a fee for licensure which is 
1/2 of that paid by other lead abatement contractor licensees. Such reduced fee license shall only be valid for work on dwellings or dwelling units owned by such license holder.

V. Procedures for the conduct of investigations carried out under RSA 130-A:5, including the conduct of inspections and establishment of a blood lead level requiring an inspection.

VI. Procedures for issuing orders under RSA 130-A:7, including procedures for extending the time available for lead hazard reduction and interim controls for leased or rented dwellings where no child resides or frequents regularly at the time of inspection and issuance of the order.

VII. Procedures for notification activities carried out under RSA 130-A:14.

VIII. Procedures for lead hazard reduction, in-place management, and interim controls for interior and exterior surfaces. The procedures shall include methods of abatement and the measures necessary to protect the health and safety of lead abatement workers and to control the release of lead base substances to the environment. The commissioner shall allow for the use of alternate procedures that result in the same level of protection as otherwise provided by the rules adopted under this chapter.

IX. A schedule of administrative fines which may be imposed under RSA 130-A:14 for a violation of this chapter or the rules adopted pursuant to it.

X. Procedures for notice and opportunity for a hearing prior to the imposition of an administrative fine imposed under RSA 130-A:14.

XI. Standards for training programs for lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers.

XII. Procedures for reporting of laboratory test results under RSA 130-A:3.

XIII. Standards and procedures for certifying laboratories performing tests to detect or measure lead in human body fluids or tissues.

XIV. Paints and other substances which may be approved as encapsulants.

XV. Standards and procedures for granting a variance from compliance with one or more provisions of RSA 130-A.


Source. 1993, 325:2. 1995, 213:2, 3; 310:175, 183. 1997, 165:12-15. 2000, 96:8. 2007, 293:6, 7. 2009, 276:5, 6. 2010, Sp. Sess., 1:7, eff. June 10, 2010.

    130-A:11 Application. 

I. The department shall implement and enforce the provisions of this chapter throughout the state.

II. Notwithstanding the provisions of paragraph I, any municipality which adopts this chapter by a majority vote of its local governing body, as defined in RSA 672:6, may assume full and sole legal authority to enforce the provisions of this chapter by any means lawfully delegated to the municipality by any statute, except for matters pertaining to licensure and certification under RSA 130-A:12 which shall rest solely with the department.

III. Health authorities in municipalities other than those adopting this chapter under RSA 130-A:11, II, may, upon request to and approval by the commissioner, carry out investigations under RSA 130-A:5. The issuance of orders shall remain the sole responsibility of the commissioner.


Source. 1993, 325:2. 1995, 310:175, 183, eff. Nov. 1, 1995.

    130-A:12 Licensure;  Certification. 

I. (a) A license to perform as a lead abatement contractor, lead inspector, or lead risk assessor, shall be issued in writing by the department in accordance with rules adopted under RSA 130-A:10, I. The license shall be valid for 12 months from the date of issuance, shall contain the expiration date, and shall contain the official signature of the commissioner or designee. The license or a certified copy of the license shall be available for inspection at any worksite during the period of work of the lead abatement contractor, lead inspector, or lead risk assessor.

(b) Any owner who owns 4 or fewer dwelling units shall not be required to obtain a lead abatement contractor license to perform lead abatement on such owner's dwellings or dwelling units, provided that such owner shall comply with all rules adopted under RSA 130-A:10, I.

II. Lead abatement workers and lead clearance testing technicians shall first obtain a certification from the department. The certification shall be issued in accordance with rules adopted under RSA 130-A:10, II. The certificate shall be in writing, shall be valid for a period of 12 months from the date of issuance, and shall contain the official signature of the commissioner or designee. The certificate or a certified copy of the certificate shall be available for inspection at any worksite where the individual is performing lead base substance abatement or conducting clearance testing.

III. Training programs offered in New Hampshire for lead abatement contractors, lead inspectors, lead risk assessors, and individuals seeking certification as lead abatement workers or lead clearance testing technicians shall first be certified by the department in accordance with rules adopted under RSA 130-A:10, XI. Such certification shall be in writing, shall be valid for a period of 12 months from the date of issuance, and shall contain the official signature of the commissioner or designee. The certification or a certified copy of the certificate shall be available for inspection during any period of training.

IV. [Repealed.]


Source. 1993, 325:2. 1995, 310:175, 183. 1997, 165:16. 2000, 96:9. 2007, 293:15, II, eff. Jan. 1, 2008.

    130-A:13 Notification Program. 

The commissioner may, if necessary, institute a program requiring the notification to the department of all inspections for lead base substances carried out by lead inspectors, risk assessments carried out by lead risk assessors, and of all lead hazard reduction activities conducted on child care facilities and on leased or rented dwelling and dwelling units, carried out by lead abatement contractors or by lead abatement workers. The program shall be conducted in accordance with rules adopted under RSA 130-A:10, VII, and the commissioner shall collect fees for notifications. The commissioner may conduct inspections of such activities as necessary to assure that the provisions of this chapter and rules adopted under it are carried out.


Source. 1993, 325:2. 1995, 310:175, 183. 1997, 165:17. 2000, 96:10, eff. June 26, 2000.

    130-A:14 Administrative Fines. 

The commissioner, after notice and opportunity for a hearing, and pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $5,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the lead poisoning prevention fund established in RSA 130-A:15.


Source. 1993, 325:2. 1995, 310:183. 2007, 293:8. 2009, 276:7. 2014, 157:1, eff. Jan. 1, 2015.

    130-A:15-a Repealed by 2019, 346:377, eff. July 1, 2019. 

    130-A:15 Lead Poisoning Prevention Fund. 

There is hereby established the lead poisoning prevention fund to be used to carry out the provisions of this chapter. The fund shall be composed of fees, fines, gifts, grants, donations, bequests, or other moneys from any public or private source and shall be used to implement and encourage lead paint removal and education, and to support program staff and administrative costs. The fund shall be nonlapsing and shall be continually appropriated to the commissioner of the department of health and human services for the purposes of this chapter.


Source. 1993, 325:2. 1995, 310:182. 2007, 293:9. 2010, Sp. Sess., 1:8, eff. June 10, 2010.

    130-A:16 Penalty. 

Any person who violates any provision of this chapter shall be guilty of a misdemeanor for each day that a violation exists. When lead hazard reduction has been ordered, the period of violation shall be calculated from the last date for reduction stated in the order issued under RSA 130-A:7 or in any extension of the order.


Source. 1993, 325:2. 1997, 165:18, eff. Aug. 8, 1997.

    130-A:17 Injunctive Relief. 

I. Either the attorney general or the commissioner may bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of this chapter, rules adopted under this chapter, or orders issued pursuant to this chapter, including but not limited to, orders of lead hazard abatement and orders imposing administrative fines.

II. The court hearing shall be held on an expedited basis and as soon as the court's docket permits.

III. Either party may request that the court hold a consolidated hearing for both temporary and permanent injunctive relief.


Source. 1993, 325:2. 1995, 310:183. 2006, 314:5. 2009, 276:8, eff. Jan. 1, 2010.

    130-A:18 Civil Suits. 

Owners of pre-1978 rental housing and childcare facilities shall take reasonable care to prevent exposure to, and the creation of, lead hazards. Notwithstanding any provision of law to the contrary, the mere presence of a lead base substance shall not constitute negligence on the part of an owner of any dwelling. To establish negligence on the part of an owner, the plaintiff in a civil suit shall demonstrate actual injury caused by the lead base substance. Evidence of actions taken or not taken by the owner of a pre-1978 rental property or childcare facility in compliance with applicable public health laws and regulations concerning lead may be admissible evidence of reasonable care or negligence. Remedial actions taken by a property owner after a lead exposure has occurred shall not be admissible evidence for purposes of establishing liability. Evidence of a tenant's disturbance of painted surfaces containing lead paint also shall be admissible evidence. In addition, the mere presence of a lead base substance in a dwelling shall not by itself violate any warranty of habitability.


Source. 1995, 169:1, eff. Jan. 1, 1996. 2015, 250:7, eff. Sept. 11, 2015.

    130-A:19 Repealed by 2015, 250:8, eff. Nov. 1, 2018. 

    130-A:2 Duties of the Commissioner. 

I. The commissioner shall:

(a) License in accordance with RSA 130-A:12, I, or deny or revoke the licensure of, any lead inspector, lead risk assessor, or lead abatement contractor advertising, offering or otherwise making available services in the state of New Hampshire, whether or not the inspector, contractor, or lead risk assessor is incorporated in the state.

(b) Certify employees of owners or managers of dwellings, dwelling units, or child care facilities, and of lead abatement contractors, who are engaged in lead base substance abatement, or refuse to provide or revoke such certification. Separate certificates shall be issued to workers who supervise other certified workers and to lead clearance testing technicians.

(c) Collect fees for the issuance of licenses and certificates under RSA 130-A:2, I(a), (b), and (h).

(d) Adopt rules required under this chapter.

(e) Implement public education programs for the general public, for owners, managers and occupants of dwelling and dwelling units, for owners and operators of child care facilities, and for physicians and other health care workers providing services to children concerning the prevention and treatment of lead poisoning and relative to the provisions of this chapter and the reporting of lead poisoning under RSA 141-A.

(f) Implement comprehensive case management for cases of lead poisoning when a child's blood lead level meets or exceeds 10 micrograms per deciliter. Case management shall include the coordination of medical services appropriate for the treatment of the reported lead poisoning.

(g) Provide training for and maintain an active program of coordination with health authorities relative to the control of lead base substances in owner-occupied and renter-occupied housing, with specific regard to the conduct of inspections, lead base substance abatement, in-place management, and enforcement activities carried out under this chapter. The commissioner shall make reasonable efforts to ensure that such training programs are held in areas with high incidence of lead exposure hazards, and that property owners are educated about methods to prevent lead exposure hazards before they arise and how hazards can be addressed once identified.

(h) Certify training programs for lead abatement contractors, lead inspectors, lead risk assessors, lead clearance testing technicians, and lead abatement workers.

(i) Develop and implement, in accordance with RSA 130-A:7, an investigation and enforcement program for lead base substances and the reduction of lead exposure hazards.

(j) Develop and maintain a data base on the incidence of lead poisoning in children. This data base shall be established using data supplied under RSA 130-A:3.

(k) [Repealed.]

(l) Develop educational materials in accordance with RSA 130-A:5.

II. The commissioner may establish, in accordance with rules adopted under RSA 541-A, a notification program relative to lead base substance inspection and abatement activities.

III. The commissioner shall establish, in accordance with rules adopted under RSA 541-A, a window replacement program. The program shall be made available to owners of dwellings and dwelling units and funded by the lead poisoning prevention fund, established in RSA 130-A:15, and other available moneys, when the commissioner determines there are enough moneys in such fund to sustain such a program. Pilot projects may begin as soon as funds are available. The commissioner shall make a report on the parameters of the program, funding acquired and sought, and program expenditures to the health and human services oversight committee, established in RSA 126-A:13, and to the chairperson of the house ways and means committee on or before September 1, 2010.


Source. 1993, 325:2. 1995, 310:183. 1997, 165:2, 3. 2000, 96:3, 4. 2002, 63:3. 2006, 314:1, 6. 2009, 256:1, eff. Sept. 14, 2009; 276:1, eff. Jan. 1, 2010.

    130-A:3-a Capillary Blood Test Screening. 

Any health care provider or organization conducting capillary blood tests, including, but not limited to community action programs, shall inform the department of such fact and shall provide a fact sheet prepared by the department to the parent or guardian of any child whose test indicates any presence of lead. Such fact sheet shall, at a minimum, describe the health effects of childhood lead poisoning, the advisability of obtaining a venous blood test, and the benefits of identifying and addressing lead hazards. It shall include a statement that, in the case of rental properties, it is advisable to inform the property owner of the capillary blood test result and venous blood test result, that measures to identify and address lead hazards shall not be conducted without the property owner's knowledge and opportunity to take such measures, and that a property owner cannot evict a tenant based on the presence in the dwelling or dwelling unit of a child whose capillary blood test or venous blood test indicates a blood lead level.


Source. 2015, 250:2, eff. Sept. 11, 2015.

    130-A:3 Laboratory Reporting. 

I. Any laboratory performing blood lead analysis on adults or children residing in New Hampshire shall report, in accordance with rules adopted under RSA 130-A:10, test results of such analysis.

II. Using the data provided under paragraph I, the department shall annually determine the percentage of children 6 years of age or younger, who are being screened with blood lead level tests in accordance with the department's childhood lead poisoning screening and management guidelines and shall make an annual report, commencing on November 1, 2015, to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house committees having jurisdiction over health and human services issues, the senate clerk, the house clerk, and the state library.


Source. 1993, 325:2, eff. July 1, 1994. 2015, 250:1, eff. Sept. 11, 2015.

    130-A:4 Prohibited Use of Lead Paint. 

It shall be unlawful for any person to use or apply, or cause to be used or applied, in any child care facility, dwelling or dwelling unit any paint containing more than 0.06 percent lead.


Source. 1993, 325:2, eff. July 1, 1994.

    130-A:5-a Universal Testing;  Health Care Providers;  Not Liable. 

All health care providers who provide primary medical care shall conduct blood testing of all one and 2-year old patients to determine a blood lead level. A health care provider shall not be liable for not performing a test for blood lead level when a parent or guardian has been informed of the blood test requirement and has refused to consent or has failed to follow through in response to a referral for a test. Nothing in this section shall prevent a health care provider from recommending blood testing for children younger than one year or older than 2 years should circumstances, including potential lead hazard exposures, warrant such testing.


Source. 2015, 250:3, eff. Sept. 11, 2015. 2018, 4:3, eff. Apr. 9, 2018.

    130-A:5-b Child Screenings. 

If by 2017 fewer than 85 percent of one-year olds and 2-year olds in the following categories of children are receiving blood lead level tests, the department shall adopt rules, pursuant to RSA 541-A, to require that all health care providers who provide primary medical care to young children shall ensure that their patients in such categories are screened and educated according to the department's childhood lead poisoning screening and management guidelines:

I. Children who live in high-risk communities designated by the department.

II. Children who are in Medicaid.

III. Children who are receiving benefits under the Women, Infants, and Children Program (WIC).

IV. Children who are enrolled in Head Start.


Source. 2015, 250:3, eff. Sept. 11, 2015.

    130-A:5-c Blood Lead Testing. 

All parents or legal guardians shall have their children who are residing in this state tested for blood lead level at the ages of one and 2. A child shall be exempt from this required blood lead level testing if a parent or legal guardian objects to such testing and provides a statement to such effect or if a physician licensed under RSA 329, or a physician exempted under RSA 329:21, III, certifies that blood lead level testing may be detrimental to the child's health. The latter exemption shall exist only for the length of time that, in the opinion of the physician, testing would be detrimental to the child. The commissioner shall develop an opt out form for the purposes of this section and shall make such form available to health care facilities. The form shall include simple opt out language in a font and size easily readable by the average adult reader.


Source. 2018, 4:4, eff. Apr. 9, 2018.

    130-A:5-d Sale and Rental of Property. 

After July 1, 2024, the following shall require certification of lead safety pursuant to this chapter prior to being used as either a residential rental unit or as a day care facility:

I. Newly-constructed rental units within buildings erected prior to January 1, 1978. For the purposes of this section "
newly-constructed rental units
" means rental units being converted from a use other than residential rental housing.

II. Newly-licensed day care facilities within buildings erected prior to January 1, 1978.


Source. 2018, 4:4, eff. Apr. 9, 2018.

    130-A:5 Investigations. 

I. The commissioner shall investigate cases of lead poisoning in children reported under RSA 141-A whose blood lead level meets or exceeds 5 micrograms per deciliter of whole venous blood. The commissioner may also conduct investigations when there is reason to believe that a lead exposure hazard, as defined in RSA 130-A:1, XVI(b) and (d), for a child exists. Such investigations shall include, but not be limited to:

(a) Requiring additional information and periodic reports from the child' s health care provider, the owner or owner's agent of a leased or rented dwelling or dwelling unit occupied by a child, the owner or operator of any child care facility attended by the child, and any lead inspector, lead risk assessor, or lead abatement contractor involved in lead hazard reduction at the child's dwelling, dwelling unit, or child care facility.

(b) Inspections of dwellings or dwelling units or of any child care facility, and testing environmental samples.

(c) Issuing orders requiring the reduction of lead exposure hazards from a leased or rented dwelling or dwelling unit and from a child care facility, or issuing a notice to the owner of a dwelling or dwelling unit.

II. [Repealed.]

III. The commissioner may request health authorities to assist in such investigations.

IV. The commissioner may obtain an administrative inspection warrant under RSA 595-B if consent of the property owner or the owner's agent for an investigation or inspection is denied.


Source. 1993, 325:2. 1995, 310:183. 1997, 165:4. 2000, 96:5. 2002, 63:4. 2007, 293:1, 15, I. 2009, 276:2, eff. Jan. 1, 2010. 2018, 4:5, eff. July 1, 2019; 4:6, eff. July 1, 2021. 2022, 272:29, eff. Aug. 23, 2022.

    130-A:6-a Property Owner Notification. 

I. The department shall notify in writing the owner or registered agent of an owner of a dwelling or dwelling unit where the child resides if a blood lead level of 3 to 9.9 micrograms per deciliter is found in the child's blood. Such notice to the property owner shall specify that it is neither a finding that a lead exposure hazard exists in the property nor is it an order for lead hazard reduction. Such notice shall include information about the health hazards of lead poisoning, standards for identifying and eliminating lead hazards, and the federal Renovation, Repair, and Painting Program.

II. (a) Eviction of a tenant based on the presence in the dwelling or dwelling unit of a child who has tested positive for the presence of lead in his or her bloodstream shall be unlawful. There shall be a rebuttable presumption that any eviction action, instituted by the owner within 6 months of receipt of notice of a child's elevated blood lead level by the department, the child's physician, or the child's parent or guardian, is based on the child's elevated blood level; provided that:

(1) If the notice came from a parent or guardian only, such parent or guardian shall provide the owner with a copy of the child's blood test prior to the expiration of the eviction notice for the rebuttable presumption in this subparagraph to apply; and

(2) This subparagraph shall not be construed to alter any cause for eviction under RSA 540:2.

(b) If a court finds that an eviction is based on the child's elevated blood lead level, it shall deny the eviction and award damages to the tenant pursuant to RSA 540:14, II. However, if an owner in response to the notice from the department, the child's physician, or the child's parent or guardian discovers a lead exposure hazard in the dwelling or dwelling unit, the owner may proceed with relocation of the tenants, provided that the owner meets the requirements of RSA 130-A:8-a, I or II.

III. In circumstances where the presence of a lead exposure hazard is unsuspected, and becomes known only after the dwelling or dwelling unit has been rented to a family with a child, the owner may withdraw the unit from the residential rental market in lieu of undertaking reduction of the lead exposure hazard. In such case the owner may bring an action to evict the family but only if the owner fulfills all of the conditions set forth in RSA 130-A:8-a, II. The dwelling unit shall not be subsequently rented for residential purposes without reduction of all lead exposure hazards associated with the unit.

IV. Refusal of a tenant to permit the owner to have access to the dwelling or dwelling unit in order to inspect for lead exposure hazards shall be good cause for eviction pursuant to RSA 540:2, II(e); provided, however, that the owner gives the tenant at least 48 hours' prior written notice, and that the inspection is to be conducted at a reasonable time.


Source. 1995, 145:2; 310:175. 1997, 165:7. 2002, 63:5. 2007, 293:3. 2009, 256:2, eff. Sept. 14, 2009. 2015, 250:4, eff. Sept. 11, 2015. 2018, 4:2, eff. Apr. 9, 2018.

    130-A:6-b Parent Notification. 

The department shall send materials to the parents of any child with a blood lead level of 3 micrograms per deciliter or higher. Such materials shall inform parents who are tenants to work with the property owner and advise against engaging in renovation, repair, or painting activities themselves. Such materials shall inform parents who own and occupy the house in which the child resides of resources for identifying and eliminating lead hazards, including the Renovation, Repair and Painting Program.


Source. 2015, 250:5, eff. Sept. 11, 2015. 2018, 4:1, eff. Apr. 9, 2018.

    130-A:6 Inspections. 

I. The commissioner may, as part of an investigation conducted under RSA 130-A:5, conduct an inspection of any leased or rented dwelling or dwelling unit during business hours, or at a time mutually agreed upon with the owner or the owner's agent, for the purposes of identifying the presence of lead base substances. The commissioner shall provide the findings of the inspection to the occupant and to the owner or the owner's agent. If the leased or rented dwelling has multiple units, and if a lead exposure hazard is determined to exist during an investigation conducted under RSA 130-A:5, the commissioner may conduct inspections of all other dwelling units of the leased or rented dwelling occupied by a child or pregnant woman with the owner or owner's agent for the purposes of identifying the presence of lead base substances. The commissioner shall provide the findings of the inspection to the occupant and the owner or the owner's agent. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(a), (b), or (c), the commissioner shall issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and, if appropriate, to the owner's agent. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(d), the commissioner may issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and, if appropriate, to the owner's agent. The commissioner shall provide a copy of the order to the owner or owner's agent and to the occupant of the dwelling unit. The commissioner shall notify all tenants of the dwelling of lead exposure hazard findings in common areas. Upon request, the owner or owner's agent shall provide a copy of the order to the occupants of any dwellings or dwelling units located within the same lot at no charge.

II. The commissioner may, as part of an investigation conducted under RSA 130-A:5, if the lead-poisoned child spends 10 hours or more a week at the facility, and after making reasonable efforts to notify the owner of a child care facility and the license holder, conduct an inspection of a child care facility constructed prior to 1978, during business hours or at a time mutually agreed to, for the purposes of identifying the presence of lead base substances. The findings of the inspection shall be provided to the owner, to the license holder, and to the health authority. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(a), (b), or (c), the commissioner shall issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and to the license holder. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(d), the commissioner may issue an order in accordance with RSA 130-A:7 requiring lead hazard reduction to the owner and to the license holder. The commissioner shall provide a copy of the order to the owner and to the license holder and a notice of findings, to the state child care licensing unit, and to the health authority. The owner or license holder shall provide notice of the findings of lead hazard exposure, provided by the commissioner, to the parents or guardians of children who use the child care facility.

III. The commissioner may, as part of an investigation conducted under RSA 130-A:5 and when the child reported under RSA 141-A resides in a dwelling or dwelling unit owned by the child's parents or guardians, conduct an inspection with the consent of the owner at a time convenient to the owner and provide to the owner the result of the inspection. When a lead exposure hazard is determined to exist, the commissioner shall provide a notice to the owner and shall also provide information on the health consequences of lead poisoning and procedures for lead hazard reduction.

IV. The commissioner may, as part of an investigation carried out under RSA 130-A:5, conduct an inspection of structures other than the dwelling or dwelling unit of the child and child care facilities used by the child. The inspection shall be conducted with the consent of the owner, manager, or other person in charge of the facility or structure at a time convenient to the owner, manager or other person in charge. Such inspections shall be made only when there are reasonable grounds to suspect that a lead exposure hazard may exist. The commissioner shall provide to the owner, manager or other person in charge the result of the inspection. When a lead exposure hazard is determined to exist, the commissioner shall provide to the owner, manager or other person in charge, the child's health care provider and the health authority a notice and shall also provide information on the health consequences of lead poisoning and procedures for lead hazard reduction.

V. The commissioner, or designee, may conduct inspections during lead hazard reduction activity to assure that the activity is conducted in accordance with rules adopted under this chapter.

VI. Inspections shall be carried out in accordance with rules adopted under RSA 130-A:10.


Source. 1993, 325:2. 1995, 213:4; 310:183. 1997, 165:5, 6. 2007, 293:2. 2009, 276:3, eff. Jan. 1, 2010. 2018, 4:8, eff. Apr. 9, 2018.

    130-A:7 Enforcement. 

I. Whenever the commissioner has reason to believe that the provisions of RSA 130-A:9, or any rule adopted by the commissioner under this chapter has been violated, the commissioner shall issue a notice of violation. The commissioner may also impose administrative fines under RSA 130-A:14 and may also request injunctive relief under RSA 130-A:17, I.

II. The commissioner, in requiring lead hazard reduction under RSA 130-A:6, I or II, shall do so by written order. The order shall include, as appropriate, the following information:

(a) The findings of the inspection, including the specific locations determined to constitute a lead exposure hazard.

(b) The methods appropriate for lead hazard reduction and copies of rules pertaining to lead hazard reduction adopted under the provisions of this chapter.

(c) The period of time within which lead hazard reduction shall be completed. The time period for lead hazard reduction of an occupied dwelling or dwelling unit shall not exceed 90 days except that the period may be extended at the discretion of the commissioner for the period of time determined to be reasonable by the commissioner under the circumstances of the case.

(d) The standards for reoccupancy of a dwelling or dwelling unit by a child, or the resumption of operations of a child care facility, after the conduct of lead hazard reduction.

(e) Responsibility for verification by a lead inspector or lead risk assessor of lead hazard reduction to the commissioner.

III. Any person subject to an order issued under this section may petition the superior court to review such order. The commissioner may also impose administrative fines under RSA 130-A:14 and may request injunctive relief under RSA 130-A:17, I in the event that an order, served by the commissioner, is not followed or a fine imposed by the commissioner is not paid.

IV. Any order issued by the commissioner that requires lead hazard reduction shall be binding upon and enforceable against the person to whom the order was issued and any other individual or entity that may acquire ownership of, or an interest in, the property that is subject to the order.

V. Interim controls, as defined in this chapter, may be used as an acceptable alternative to lead hazard abatement only with the prior written approval of the commissioner and if a lead exposure hazard reduction plan or any other subsequent plan is adopted and in place at the department to address compliance with the intent of this section. When interim controls are approved and maintained in response to an order, the person to whom the order was issued, and any other individual or entity that may acquire ownership of the property that is subject to the order, shall submit to the commissioner a certificate of compliance for interim controls from a licensed risk assessor annually prior to the expiration of the current certificate. When a certificate of compliance for interim controls is not issued by a licensed risk assessor prior to expiration of the current certificate or when an inspection by the commissioner, or designee, reveals that the property no longer meets the requirements of interim controls, the commissioner shall require submission of a certificate of compliance for abatement. The commissioner shall adopt rules, under RSA 541-A, for the procedures for interim controls.

VI. Any order issued by the commissioner shall be recorded in the registry of deeds for the county in which the property is situated and, upon recordation, the order shall run with the property.


Source. 1993, 325:2. 1995, 310:183. 1997, 165:8. 2000, 96:6. 2006, 314:2-4. 2007, 293:4. 2009, 276:4, eff. Jan. 1, 2010.

    130-A:8-a Relocation of Tenants. 

I. In circumstances where the presence of a lead exposure hazard is unsuspected and becomes known when the dwelling or dwelling unit is already rented to a family with a child, the owner may temporarily relocate the family during the lead hazard reduction activity. The temporary relocation shall meet all of the following conditions:

(a) The tenant must be offered an available replacement dwelling which is safe, sanitary, and does not contain an interior lead exposure hazard defined in RSA 130-A:1, XVI(b). If a child in the tenant family has been found to have a blood lead level which exceeds 30 micrograms per deciliter, the dwelling shall not contain any lead exposure hazard.

(b) The owner shall make reasonable efforts to locate a replacement dwelling in the same elementary school district as the unit from which the family is being relocated.

(c) The rent for the replacement unit shall not exceed the rent for the unit from which the family is being displaced. The tenant has the duty to pay rent for the replacement dwelling unit provided, however, that any rent paid by the tenant for the unit from which the tenant has been displaced which covers the time period that the tenant occupies the replacement dwelling shall be paid to the owner of the replacement dwelling by the owner of the original unit. The owner may relocate the family to a dwelling unit that is more expensive than the original unit, provided that the owner pays the difference in rent between the 2 units.

(d) The owner shall agree in writing to permit the family to reoccupy the original dwelling unit as soon as the lead exposure hazard has been reduced.

(e) The owner shall pay the reasonable and actual costs of relocation from and back to the original dwelling unit. The owner may, at such owner's sole option, personally move the tenant's household furnishings and personal property or move them by using agents or employees, rather than pay the tenant to have such tenant's possessions moved. The payment of moving expenses authorized under this subparagraph shall not exceed the amount of the tenant's security deposit plus the prepaid rent.

II. Eviction of a family based on the presence of a lead exposure hazard shall not be permitted when the method of lead hazard reduction chosen by the owner is interim controls or encapsulation. When the owner has been given a written order for lead hazard reduction by the commissioner pursuant to RSA 130-A:7, the owner may bring an action to evict the family when all of the following conditions have been met:

(a) The method of lead hazard reduction can reasonably be expected to require more than 30 days to perform.

(b) The tenant shall be offered an available replacement dwelling which is safe, sanitary, and does not contain a lead exposure hazard.

(c) The replacement unit shall be comparable in size to the unit from which the family is being relocated.

(d) The owner shall make reasonable efforts to locate a replacement dwelling in the same elementary school district as the unit from which the family is being relocated.

(e) The rent shall be comparable to the rent for the unit from which the family is being displaced.

(f) The owner shall agree in writing to permit the tenant to reoccupy the original dwelling unit when the lead exposure hazard has been reduced, provided that:

(1) The lead hazard reduction occurs within 6 months of the date the tenant moved out of the original dwelling.

(2) The tenant provides the owner with written notice of the address where such tenant can be contacted when the lead exposure hazard has been reduced.

(3) Within 10 days of receiving the offer to reoccupy the original unit, the tenant agrees to do so.

(4) The tenant agrees to resume the tenancy within 30 days of accepting the owner's offer.

(g) Prior to the time the family vacates the unit, the owner shall return the tenant's security deposit, regardless of any rental arrears owed by the tenant or the condition of the unit, plus all prepaid rent. Prior to the reoccupancy of the unit under the provisions set forth in RSA 130-A:8-a, II(f), the tenant shall pay any rental arrears which shall have been demanded under RSA 540:4, prior to the relocation of the tenant. The rental arrears shall be paid at least 10 days prior to reoccupancy. The tenant shall return the security deposit to the owner within 45 days after reoccupancy pursuant to RSA 540-A:6.

(h) The landlord provides the tenant with a 30-day eviction notice pursuant to RSA 540:2, II(f). Such notice shall inform the tenant of the tenant's right to the return of the security deposit and prepaid rent and the right to reoccupy the premises as set forth in RSA 540:2, II(f).

III. When an owner has been given a written order for lead hazard reduction by the commissioner, pursuant to RSA 130-A:7, the owner may withdraw the dwelling unit from the residential rental market in lieu of undertaking reduction of the lead exposure hazard. In such a case, the owner may bring an action to evict the family if the owner fulfills all of the conditions set forth under paragraph II. The dwelling unit shall not be subsequently rented for residential purposes without the reduction of all of the lead exposure hazards associated with the unit.

IV. Any owner who violates paragraph III by re-renting the dwelling unit for residential purposes without first reducing the lead exposure hazard shall be subject to the remedies set forth in RSA 130-A:14 and 16, and liable to the family who was evicted due to the lead exposure hazard in the amount of $1,000 plus costs and reasonable attorney's fees. Each dwelling unit re-rented without reduction of lead exposure hazards shall constitute a separate violation.

V. Any owner who conveys, sells, or transfers an interest in a dwelling unit which has been withdrawn from the residential rental market pursuant to paragraph IV without disclosing in writing the existence of the commissioner's order shall be subject to the penalties set forth in RSA 130-A:14 and 16. The conveyance of each dwelling unit so transferred shall constitute a separate violation. No buyer or transferee who has notice of the commissioner's order may rent the dwelling unit without first reducing the lead exposure hazards referenced in the order.

VI. Any owner who fails to comply with subparagraph II(f) shall be liable to the displaced tenant in the amount of $500 plus costs and reasonable attorney's fees.

VII. The refusal of a family to temporarily relocate after the owner has met all of the requirements of paragraph I shall constitute grounds for eviction pursuant to RSA 540:2, II(d).

VIII. Any tenant who is party to a written lease and who is forced to relocate due to a lead exposure hazard may, at his sole option, terminate the lease as of the day the tenant relocates from the dwelling unit. The tenant wishing to terminate shall provide written notice to the owner or the owner's agent within 7 days of the date of relocation. Once the tenant provides such notice, the owner shall no longer be liable for a rent supplement, if any, paid pursuant to subparagraph I(c).


Source. 1993, 325:2. 1995, 306:6; 310:183. 1997, 165:9. 2006, 192:1, eff. Jan. 1, 2007.

    130-A:8 Repealed by 1997, 165:20, eff. Aug. 8, 1997. 

    130-A:9 Prohibitions. 

I. No person shall perform or cause to be performed lead base substance abatement, in-place management, or interim controls in a dwelling or dwelling unit, or in any child care facility, in any manner other than as provided for in rules adopted under RSA 130-A:10.

II. No person shall perform or cause to be performed a lead inspection or lead risk assessment, as defined in HE-P 1600, in a dwelling or dwelling unit or in a child care facility in any manner other than as provided for in rules adopted under RSA 130-A:10.

III. No child or pregnant woman shall be present in a leased or rented dwelling or dwelling unit, or in a child care facility, during the period of lead hazard reduction when the method of reduction causes the release of lead base substances which may be inhaled or ingested. The dwelling or dwelling unit or the child care facility shall not be reoccupied until an inspection is performed which indicates the lead exposure hazard has been reduced. The commissioner shall include this prohibition in any order issued under RSA 130-A:7.

IV. No person performing inspections or lead risk assessments, as defined in HE-P 1600, for the presence of lead base substances as a lead inspector or lead risk assessor after lead hazard reduction shall perform or have performed the lead hazard reduction.

V. No person shall advertise or otherwise offer or make available services as a lead inspector, lead risk assessor, or lead abatement contractor without being licensed under RSA 130-A:12.

VI. No person shall engage any individual for lead base substance abatement who has not been tested and certified under RSA 130-A:12. However, individuals not certified under RSA 130-A:12, II, may engage in activities related to a lead exposure hazard reduction plan, such as, but not limited to, installation of exterior siding, carpet or paving, or application of encapsulants, provided that the individual does not engage directly in lead based substance abatement and the plan is reviewed and approved by a contractor licensed under RSA 130-A:12, I.

VII. No training program shall be offered in this state for the purposes of training lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers that has not been certified under RSA 130-A:12.


Source. 1993, 325:2. 1995, 310:183. 1997, 165:10, 11. 2000, 96:7. 2007, 293:5, eff. Jan. 1, 2008.

    130:1 Employment. 

For the purpose of carrying out the provisions of this chapter and of other statutes the enforcement of which rests with the department of health and human services, said department may employ persons to be known as inspectors, sanitarians, sanitary engineers and other agents. The salaries of such employees shall be fixed within available appropriations and subject to the regulations of the state personnel commission; and such employees shall be paid their actual expenses legally incurred when engaged in the performance of their duties. All powers and duties imposed on inspectors by the provisions of this chapter may be imposed on sanitarians, sanitary engineers and other agents insofar as the department shall determine.


Source. 1909, 163:1. PL 136:1. 1941, 112:1. RL 161:1. 1950, 9:2. RSA 130:1. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.

    130:2 Repealed by 2017, 87:11, I, eff. July 1, 2017. 

    130:3 Inspection of Food Products. 

The inspectors shall investigate food manufacturing processes and food products offered, or to be offered, for sale in this state, and may take samples of food for examination at the laboratories of the department of health and human services. The department may determine the focus and frequency of inspections and sampling and shall use a risk-based approach in consideration of available resources to prioritize inspections and sampling.


Source. 1909, 163:3. PL 136:3. RL 161:3. 1995, 310:181, eff. Nov. 1, 1995. 2017, 87:1, eff. July 1, 2017.

    130:4 Investigation of Sanitation. 

The inspectors shall, under the direction of the department of health and human services, investigate local sanitary conditions, in conjunction with and upon request of local boards of health, in cases where such expert advice is deemed necessary by the department of health and human services.


Source. 1909, 163:4. PL 136:4. RL 161:4. 1995, 310:181, eff. Nov. 1, 1995.

    130:5 Public Health. 

In addition to the specific duties herein prescribed, the inspectors shall perform such other duties in connection with public health matters as the department of health and human services shall direct.


Source. 1909, 163:5. PL 136:5. RL 161:5. RSA 130:5. 1995, 310:181, eff. Nov. 1, 1995.

    130:6 Seizure and Restraint. 

Said inspectors, sanitarians, sanitary engineers and other agents are hereby authorized and empowered to seize for use as evidence and without warrant, and seal from further use, any article or commodity found being sold, distributed, stored or employed in the processing of any food or drug which is in violation of the laws relating to public health matters. Provided, however, that in the collection of samples of foods and drugs for investigation, the retail price thereof shall be tendered.


Source. 1941, 112:2. RL 161:6. 1951, 25:1, eff. Mar. 15, 1951.

    130:7 Penalty for Obstructing. 

Whoever hinders, obstructs or in any other way interferes with said inspectors or with any member of said division, or any of their other officers, agents or employees, in the performance of any of their duties, shall be guilty of a violation. For each subsequent offense, any other person shall be guilty of a misdemeanor.


Source. 1909, 163:5. PL 136:6. RL 161:7. RSA 130:7. 1973, 530:6, eff. Oct. 31, 1973 at 11:59 p.m.

    131:1 Purposes. 

The department of health and human services may establish, equip, and operate a laboratory or laboratories with such expert assistants and such facilities as are necessary for routine examinations and analyses and for original investigations and research in matters affecting public health.


Source. 1901, 23:1. PL 127:1. RL 149:1. 1943, 118:1, par. 1. RSA 131:1. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.

    131:2 Investigations. 

They shall make investigations and analyses of foods and drugs offered for sale in our markets with a view of discovering adulterated, misbranded and unhealthful or unsafe products and shall make investigations concerning food sanitation, the disposal of sewage and similar matters of sanitation and shall enforce the laws relative to all such matters. They shall conduct such toxicological investigations as may be requested by the attorney general or by county attorneys. They may employ such clerical and technical personnel as may be necessary.


Source. 1901, 23:2. 1925, 45:1. PL 127:2. RL 149:2. 1943, 118:1, par. 2, eff. April 15, 1943.

    131:3-a Fee Required. 

Notwithstanding the provisions of RSA 131:4, the commissioner of the department of health and human services shall collect a fee for analyses made pursuant to RSA 131:3 on the following schedule:

I. Fees for analyses required by the federal Safe Drinking Water Act
 or offered as a service shall be set by following the cost allocation method established for reimbursements to the state from grants funded by the United States Environmental Protection Agency (EPA).

(a) Fees for analyses offered as a service shall be set from the following schedule:

 
 (1) Agricultural Pesticides
 
$200
 (2) Alkalinity
 $ 15
 (3) Ammonia
 $ 30
 (4) Asbestos
 $ 35
 (5) Bacteria as cts/100mL (all types)
 $ 20
 (6) Bacteria as MPN (all types)
 $ 30
 (7) Bacteria as P/A (all types)
 $ 15
 (8) Biosuitability
 $145
 (9) Biochemical Oxygen Demand
 $ 35
 (10) Carbamates
 $120
 (11) Chloride
 $ 12
 (12) Chlorine Residual
 $ 16
 (13) Chlorophenoxy Herbicides
 $130
 (14) Cyanide
 $ 35
 (15) Diquat
 $125
 (16) Ethylene dibromide/Dibromochloropropane
 $ 75
 (17) Fluoride
 $ 12
 (18) Glycols
 $150
 (19) Glyphosate
 $100
 (20) Gross Alpha
 $ 60
 (21) Haloacetic Acids
 $100
 (22) Heterotropic Plate Count
 $ 25
 (23) Iron Bacteria
 $ 25
 (24) Metals (each)
 $ 15
 
 (25) Metals Preparation Charge
 $ 20
 (26) Methyl-tert-butyl ether
 $ 75
 (27) Nitrate
 $ 12
 (28) Nitrite
 $ 12
 (29) Oil __ampersand__ Grease (HEM)
 $ 60
 (30) pH
 $ 9
 (31) PolyaromaticHydrocarbons
 $150
 (32) Phosphorus (all forms)
 $ 20
 (33) Radium 226
 $150
 (34) Radon
 $ 25
 (35) Semivolatile Compounds
 $225
 (36) Solids (all forms)
 $ 30
 (37) Special Study (per hour)
 $ 50
 (38) Specific Conductance
 $ 10
 (39) Sulfate
 $ 20
 (40) Sulfide
 $ 20
 (41) Thermometer Calibration
 $ 15
 (42) Total Organic Carbon
 $ 40
 (43) Total Kjeldahl Nitrogen
 $ 25
 (44) Total Petroleum Hydrocarbons (DRO)
 $125
 (45) Total Petroleum Hydrocarbons (GRO)
 $125
 (46) Total Trihalomethanes
 $ 75
 (47) Toxaphene
 $ 75
 (48) Turbidity
 $ 12
 (49) Uranium (activity)
 $150
 (50) UV-254
 $ 30
 (51) Volatile Organic Compounds
 $120
 


(b) Fees for analyses of the following special parameter groupings required by the federal Safe Drinking Water Act shall be:

 
 (1) Drinking Water Bacteria
 
$ 15
 (2) Haloacetic Acids
 $100
 (3) Inorganic Chemicals
 $335
 (4) Inorganic Chemicals (new system)
 $395
 (5) Lead/Copper
 $ 30
 (6) Nitrate/Nitrite
 $ 12
 (7) Radiological Chemicals
 $ 75
 (8) Synthetic Organic Chemicals
 $650
 (9) Total Trihalomethanes
 $ 75
 (10) Volatile Organic Compounds
 $120
 (11) Water Quality Parameters
 $ 40
 


(c) Fees for analyses of the following parameters in support of the department's private homeowner initiative shall be:

 
 (1) Bacteria/Nitrate/Chloride
 
$ 30
 (2) Drinking Water Bacteria
 $ 15
 (3) Fluoride
 $ 12
 (4) Methyl-tert-butyl ether
 $ 60
 (5) Radon
 $ 20
 (6) Standard Analysis
 $ 85
 (7) Homeowner Radiologicals
 $ 80
 (8) Volatile Organic Compounds
 $120
 


II. All such fees collected by the commissioner of the department of health and human services from federal or state grants or from other state agencies shall be credited against the operating costs of the laboratory. Fees collected from public or private clients shall be deposited with the state treasurer as unrestricted revenue, with the exception that 50 percent of every analysis fee shall be deposited with the state treasurer and reserved in a special nonlapsing fund to be used by the commissioner of the department of health and human services for the purchase of replacement or new laboratory equipment designed to improve service. The commissioner may, with prior approval of the governor and council, use funds in the nonlapsing account for unanticipated personnel or supply expenditures made necessary by unexpected changes in or additions to federal or state required laboratory analyses, or unusual volume of samples.


Source. 1977, 600:56. 1979, 434:25. 1981, 447:1. 1983, 469:89. 1986, 202:6, I(i). 1989, 408:13. 1990, 3:72. 1995, 198:1. 1999, 172:1. 2007, 263:34. 2011, 224:95, 96, eff. July 1, 2011.

    131:3 Testing of Water Supplies. 

They shall make periodic inspections and analyses of the public water supplies of the state and any special investigations thereof that may be called for; also, when requested or as may be deemed by them necessary or expedient in the interests of the public health, make inspections or analyses of sources furnishing water to institutions, schools, hotels, camps, other places of public resort and individuals, and advise in connection with the same; and they shall enforce the laws pertaining to water supply and to the sanitation of public waters.


Source. 1901, 23:4. 1925, 60:1. PL 127:4. RL 149:4. 1943, 118:1, par. 3, eff. April 15, 1943.

    131:4 Service;  Reimbursements;  Rulemaking. 

The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A relative to a list of laboratory services to be provided under this chapter and a schedule of fees for such services. The fees may be waived by the commissioner when the commissioner determines it is in the best interests of the health of the public to do so. Fees collected under this section shall be forwarded to the state treasurer to be deposited in the general fund.


Source. 1901, 23:5. PL 127:6. 1935, 59:1. RL 149:6. 1943, 118:1, par. 4. RSA 131:4. 1986, 198:10. 1995, 308:26; 310:182, 183. 2003, 319:90, eff. Jan. 1, 2004.

    131:5-a Rulemaking. 

The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:

I. Standards of efficiency for laboratories under RSA 131:5.

II. The educational and technical qualifications of the commissioner, bacteriologist, or pathologist in charge of examinations under RSA 131:5.

III. [Repealed.]


Source. 1985, 190:37. 1995, 310:182, 183. 2012, 171:26, III, eff. Aug. 10, 2012.

    131:5 Contracts for Outside Services. 

They may enter into contracts with laboratories in localities accessible to the various portions of the state for the prompt examination of specimens received from local health officers or physicians and for an immediate report on such examinations, at the expense of the state, provided that all laboratories shall conform to the standards of efficiency as adopted by rules by the department of health and human services, and that the director, bacteriologist or pathologist in charge of such examinations shall possess such educational and technical qualifications as the commissioner of the department of health and human services shall establish by rule. No obligation shall be incurred by the department of health and human services relative to the examinations in excess of the sums made available for them.


Source. 1943, 118:1, par. 5. RSA 131:5. 1983, 291:1, I. 1985, 190:38. 1995, 310:181-183, eff. Nov. 1, 1995.

    131:6 Bulletin. 

They may publish in a bulletin the results of the analytical work done in said laboratory, naming fraudulent and adulterated articles of food found on sale in this state, together with such other information relating to sanitary matters as they may deem advisable.


Source. 1901, 23:4. PL 127:7. RL 149:7. 1943, 118:1 par. 6, eff. April 15, 1943.

    132-A:1 Definitions. 

In this chapter:

I. "
Department
" means the department of health and human services.

II. "
Hospital
" means a public or private institution which is required to be licensed under RSA 151, and which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled, or sick persons, or rehabilitative services for the rehabilitation of such persons.

III. "
Safe haven
" means a church which is attended by a person, or a police or fire station which is attended by a person, or a 911 responder at an agreed transfer location.


Source. 2003, 40:1, eff. June 4, 2003.

    132-A:2 Temporary Care and Control of Children at a Hospital or Safe Haven. 

I. A hospital or safe haven, without a court order, shall take temporary care and control of a child who is not more than 7 days old, provided that the child is handed to a person at the hospital or safe haven by the child's parent or parents, and the parent or parents did not express an intent to return for the child. The child's parent or parents shall not be required to reveal personally identifiable information.

II. A hospital or safe haven which takes temporary care and control of a child under this chapter shall ensure the provision of any medical services necessary to protect the physical health or safety of the child.


Source. 2003, 40:1, eff. June 4, 2003.

    132-A:3 Notice to Department. 

I. Within 24 hours after a hospital or safe haven assumes temporary care and control of a child under RSA 132-A:2, the hospital or safe haven shall notify the department and law enforcement officials that the hospital or safe haven has assumed temporary care and control of the child.

II. Upon receipt of notice by the hospital or safe haven, the department shall assume the temporary care and control of the child and shall be responsible for all necessary medical and other costs incurred by the hospital or safe haven related to the temporary care and control of the child. The department shall reimburse the hospital or safe haven for any necessary costs incurred prior to the child's placement in the temporary care and control of the department.

III. Within 24 hours of receiving a report under this paragraph, the department shall request law enforcement officials to investigate the incident using all resources available, including the National Crime Information Center database, to determine if the child is a missing child.


Source. 2003, 40:1, eff. June 4, 2003.

    132-A:4 Liability. 

No person or entity subject to the provisions of this chapter shall be liable for any claim at law or in equity as a result of action taken pursuant to the requirements of this chapter.


Source. 2003, 40:1, eff. June 4, 2003.

    132-A:5 Rulemaking. 

The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, to implement the provisions of this chapter.


Source. 2003, 40:1, eff. June 4, 2003.

    132:1 Purpose;  Instruction. 

The department of health and human services may provide instruction, advice and such services as the commissioner may deem necessary for children with special health care needs, and to protect and promote the physical health of women in their child-bearing years and their infants and children.


Source. 1921, 151:1. PL 128:1. RL 150:1. RSA 132:1. 1983, 291:1, I. 1986, 198:11. 1995, 310:181, 183. 2004, 21:3, eff. June 4, 2004.

    132:10-a Newborn Screening Tests Required;  Newborn Screening Advisory Committee. 

I. The physician, hospital, nurse midwife, midwife, or other health care provider attending a newborn child shall test a newborn child for metabolic disorders. Such tests shall include, but not be limited to, phenylketonuria, galactosemia, homocystinuria, maple syrup urine disease, and hypothyroidism. Additional disorders shall be added to the newborn screening panel based upon, but not limited to, the following considerations:

(a) The disorder is well-defined with a known incidence.

(b) The disorder is associated with significant morbidity and/or mortality.

(c) The disorder can be detected with a screening test that is ethical, safe, accurate, and cost-effective.

(d) Effective treatment exists for the disorder, and that early treatment, meaning before the onset of symptoms, is more effective in improving health outcomes than later treatment.

II. Notwithstanding any provision of law to the contrary, the commissioner of the department of health and human services shall establish fees, pursuant to RSA 541-A, to be paid directly by hospitals in their entirety, acknowledging that fees may be offset by reimbursement from commercial insurance, Medicaid, or other payors, paid to hospitals for the tests required under paragraph I. Nothing in this section is intended to prescribe the reimbursement method or the reimbursement level from a payor. The commissioner shall structure these fees to be reimbursable without out of pocket cost to the patient pursuant to 45 C.F.R. 147.130. All such fees shall be paid into the newborn screening fund, hereby established in the state treasury. Moneys from the newborn screening fund established under this section shall be nonlapsing and shall be continually appropriated for use by the department to cover laboratory analysis and related newborn screening program costs.

III. The department of health and human services shall establish a newborn screening advisory committee which shall include a member of the oversight committee on health and human services, established in RSA 126-A:13, and representation from health care subspecialties, as determined by the department.

III-a. The department shall ensure that the laboratory analyzing tests authorized under paragraph I destroys any samples no later than 6 months following the completion of testing. Any samples taken for newborn screening shall only be used for tests required under this section. No such samples may be used for other research or DNA testing purposes unless authorized by the parent or guardian.

IV. The department shall make an annual report commencing on January 1, 2006 to the oversight committee on health and human services relative to newborn screening tests which shall include, but not be limited to the number and type of tests performed and their fiscal impact.

V. No whole-genome DNA sequencing shall be performed pursuant to this chapter unless the general court authorizes such sequencing by statute.


Source. 1965, 48:1. 1986, 198:15. 1999, 213:2. 2005, 285:1. 2010, 233:1. 2014, 63:1, eff. Jan. 1, 2015. 2021, 145:1, eff. Nov. 20, 2021.

    132:10-aa Newborn Screening;  Pulse Oximetry Test Required. 

The physician, hospital, nurse midwife, midwife, or other health care provider attending a newborn child shall perform a pulse oximetry screening, according to the recommendations of the American Academy of Pediatrics, on every newborn child.


Source. 2012, 190:3, eff. Aug. 10, 2012.

    132:10-b Rulemaking. 

The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:

I. The women, infants, and children program under RSA 132:12-a.

II. The prevention of ophthalmia in newborn babies under RSA 132:6.

III. Newborn screening tests and how fees for such tests are to be determined under RSA 132:10-a.

IV. Services for children with special health care needs as provided under RSA 132:13.

V. Maternal and child health services provided directly by the department or by local agencies under contract to it.


Source. 1965, 48:1. 1985, 190:41. 1986, 198:16. 1987, 279:1. 1995, 310:175, 182. 2004, 21:4. 2005, 285:2, eff. Sept. 20, 2005.

    132:10-c Exception. 

The provisions of RSA 132:10-a, 10-aa, and 10-b shall not apply if the parents of such child object thereto.


Source. 1965, 48:1. 2012, 190:4, eff. Aug. 10, 2012.

    132:10-d Breast-feeding. 

Breast-feeding a child does not constitute an act of indecent exposure and to restrict or limit the right of a mother to breast-feed her child is discriminatory.


Source. 1999, 121:2, eff. Aug. 9, 1999.

    132:10-e Development of a Plan of Safe Care. 

When an infant is born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder, the health care provider shall develop a plan of safe care, in cooperation with the infant's parents or guardians and the department of health and human services, division of public health services, as appropriate, to ensure the safety and well-being of the infant, to address the health and substance use treatment needs of the infant and affected family members or caregivers, and to ensure that appropriate referrals are made and services are delivered to the infant and affected family members or caregivers. The plan shall take into account whether the infant's prenatal drug exposure occurred as the result of medication assisted treatment, or medication prescribed for the mother by a health care provider, and whether the infant's mother is or will be actively engaged in ongoing substance use disorder treatment following discharge that would mitigate the future risk of harm to the infant. A copy of the plan of safe care shall be included in the instructions for the infant upon discharge from the hospital or from the health care provider involved in the development of the plan of safe care. The plan of safe care shall not be submitted to the department of health and human services unless it is pursuant to RSA 132:10-f or the department makes an official request for a copy of the plan in compliance with confidentiality requirements.


Source. 2018, 336:1, eff. June 26, 2018.

    132:10-f Mandatory Reporting. 

When a health care provider suspects that an infant has been abused or neglected pursuant to RSA 169-C:3, the provider shall report to the department of health and human services in accordance with RSA 169-C:29. If the infant has a plan of safe care developed under RSA 132:10-e, a copy of the plan shall accompany the report.


Source. 2018, 336:1, eff. June 26, 2018.

    132:10 Repealed by 1986, 198:23, XXXI, eff. Aug. 2, 1986. 

    132:11 Authorization. 

The commissioner of the department of health and human services may:

I. Formulate and administer plans for the purposes specified in RSA 132:12 through RSA 132:13 and adopt rules under RSA 541-A to carry out these plans.

II. Receive and expend in accordance with such plans funds made available to the department by the federal government, the state or its political subdivisions, or other sources.

III. Cooperate with the federal government and with other state and local agencies and organizations in developing, extending, and improving the services specified in RSA 132:12 through RSA 132:13, and in the administration of such plans.


Source. 1937, 58:2. RL 150:11. RSA 132:11. 1981, 307:1. 1985, 190:42. 1995, 310:175, 182, eff. Nov. 1, 1995.

    132:12-a Women, Infants, and Children (WIC) Program. 

The commissioner of the department of health and human services shall develop and administer a women, infants, and children program within the state under the Child Nutrition Act of 1966,
 in accordance with federal regulations promulgated by the Department of Agriculture and subject to continued funding from the federal Department of Agriculture. In the administration of the program, the commissioner:

I. Shall suspend a vendor from the program for any of the following:

(a) Providing cash, unauthorized food, or other items to participants in lieu of authorized supplemental foods.

(b) Charging the state for food not received by participants.

(c) Charging the program more for supplemental foods than other customers are charged for the same food item.

II. Shall suspend a participant from the program for any of the following:

(a) Knowingly and deliberately misrepresenting circumstances to obtain benefits.

(b) Selling supplemental foods or food instruments to, or exchanging them with, other persons.

(c) Receiving cash or credit towards purchases of unauthorized food or other items of value from food vendors, in lieu of authorized supplemental food.

III. May, upon determination that a person has fraudulently obtained funds under this program, bring an action to recover the funds. Any funds so recovered shall be remitted to the proper federal officials as required under federal law or regulation. Demand and payment of these funds shall not relieve or discharge any person from liability, either civil or criminal, for additional amounts or penalties as may be prescribed under any other applicable law.


Source. 1981, 307:2. 1986, 198:17. 1995, 310:182, 183, eff. Nov. 1, 1995.

    132:12-b Repealed by 1986, 198:23, XXXII, eff. Aug. 2, 1986. 

    132:12-c Repealed by 1986, 198:23, XXXIII, eff. Aug. 2, 1986. 

    132:12-d Repealed by 1986, 198:23, XXXIV, eff. Aug. 2, 1986. 

    132:12-e Women, Infants, and Children (WIC) Program Fund. 

There is hereby established the women, infants, and children (WIC) fund. The fund shall be composed of food rebates, including but not limited to, infant formula and baby food, purchased under the WIC program established pursuant to this chapter. The fund shall be nonlapsing and shall be continually appropriated to the commissioner of the department of health and human services for the purposes of continuous support for the WIC program as required by federal law and regulations.


Source. 2009, 68:1, eff. Aug. 8, 2009.

    132:12 Maternal and Child Health Services. 

The division may administer a program of maternal and child health services, and shall supervise those services not administered directly by it.


Source. 1937, 58:1. RL 150:12.

    132:13 Children With Special Health Care Needs. 

I. Services provided for children with special health care needs in accordance with RSA 132:2, X, shall include location, diagnoses, hospitalization, medical, surgical, corrective, and other services and care of such children.

II. In this chapter, "
children with special health care needs
" means children who have or are at risk for chronic physical, developmental, behavioral, or emotional conditions and who also require health and related services of a type or amount beyond that required by children generally.


Source. 1937, 58:2. RL 150:13. RSA 132:13. 1986, 198:18. 2004, 21:1, eff. June 4, 2004.

    132:14 Limitation of Provisions. 

Nothing in this chapter shall be construed as authorizing any public official, agent, or representative, in carrying out any provision of this chapter, to take charge of any child, or to provide services to any child, over the objection of either the father or the mother of such child, or of the person standing "in loco parentis" to such child, except pursuant to a proper court order. Nothing in this chapter shall affect the operation of RSA 186 or 200 or any other law providing maternal or child health services.


Source. 1937, 58:1, 2. RL 150:14. RSA 132:14. 1986, 198:19, eff. Aug. 2, 1986.

    132:15 Penalties. 

Any person committing a fraud on the women, infants, and children program under RSA 132:12-a shall be charged under RSA 638:15. Any person violating any other provision of this subdivision or any rule adopted under this subdivision shall be guilty of a misdemeanor.


Source. 1911, 121:3. PL 128:11. 1937, 58:2. RL 150:15. RSA 132:15. 1981, 307:3, eff. Aug. 15, 1981.

    132:16 Repealed by 1986, 198:23, XXXV, eff. Aug. 2, 1986. 

    132:17 Repealed by 1986, 198:23, XXXVI, eff. Aug. 2, 1986. 

    132:18 Repealed by 1986, 198:23, XXXVI, eff. Aug. 2, 1986. 

    132:19 to 132:21 Repealed by 2010, 368:1(12), eff. Dec. 31, 2010. 

    132:2 Duties. 

The commissioner of the department of health and human services shall:

I. Conduct studies as necessary to carry out the provisions of this chapter.

II. Formulate and administer such plans as are necessary to carry out the provisions of this chapter.

III. Receive and expend, in accordance with plans developed under this chapter, funds made available to the department by the federal government, the state or its political subdivisions, or other sources.

IV. Cooperate with the federal government and with other state and local agencies and organizations in developing, extending, and improving the services provided under this chapter.

V. Supervise those services authorized by this chapter and provided under contract with local agencies.

VI. Employ such persons as necessary to carry out the requirements of this chapter.

VII. Administer the supplemental food program for women, infants, and children in accordance with RSA 132:12-a.

VIII. Assure the prevention of ophthalmia neonatorum in accordance with RSA 132:6.

IX. Assure the screening of newborn children for metabolic disorders in accordance with RSA 132:10-a.

X. Administer services for children with special health care needs as provided for under RSA 132:13.

XI. Prepare, in conjunction with the office of alcohol and drug abuse prevention, a brochure which provides information relative to fetal alcohol syndrome and which shall be available to the public in the office of the town clerk and at the check-out counter of the state liquor store.

XII. Prepare, in conjunction with the bureau of alcohol and drug services and the division of public health services, a brochure and a poster which provides information relative to the risks of cannabis use during pregnancy, adolescence, and while breastfeeding, which shall be posted and available to the public in all therapeutic cannabis dispensary locations pursuant to RSA 126-X:8.


Source. 1921, 151:4. PL 128:2. RL 150:2. RSA 132:2. 1986, 198:12. 1988, 226:1. 1995, 310:182. 2004, 21:4. 2005, 261:1, eff. Sept. 20, 2005. 2021, 47:5, eff. July 24, 2021.

    132:22 Title. 

This subdivision shall be known and may be cited as the Live-Birth Infants Protection Act.


Source. 2001, 219:1, eff. Sept. 9, 2001.

    132:23 Definition. 

I. In this subdivision "
live-birth
" means the complete expulsion or extraction from its mother of a product of a human conception, irrespective of the duration of the pregnancy, which after such expulsion or extraction, breathes, or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached.

II. The definition under paragraph I shall apply whether the expulsion or extraction occurs as a result of natural or induced labor, cesarean section, or induced abortion.


Source. 2001, 219:1, eff. Sept. 9, 2001.

    132:24 to 132:28 Repealed by 2007, 265:1, eff. June 29, 2007. 

    132:29 Definitions. 

In this subdivision, "
maternal mortality
" means the following:

I. "
Pregnancy-related
" means the death of a woman while pregnant or within one year of the end of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by her pregnancy or its management, but not from accidental or incidental causes.

II. "
Pregnancy-associated death
" means the death of a woman while pregnant or within one year of the end of pregnancy, irrespective of cause.

III. "
Pregnancy-associated, but not pregnancy-related
" means the death of a woman while pregnant or within one year of the end of pregnancy due to a cause unrelated to pregnancy.


Source. 2010, 129:2, eff. Aug. 8, 2010.

    132:3 Enforcement of Rules. 

The division may enforce the department's rules and ordinances through its inspectors, or through the local boards of health.


Source. 1911, 121:2. PL 128:6. RL 150:6. RSA 132:3. 1985, 190:39, eff. May 29, 1985.

    132:30 Maternal Mortality Review Panel Established. 

I. There is established a maternal mortality review panel to conduct comprehensive, multidisciplinary reviews of maternal deaths in New Hampshire for the purpose of identifying factors associated with the deaths and to make recommendations for system changes to improve services for women in the state. The panel shall consist of:

(a) Two members from the New Hampshire chapter of the American College of Obstetricians and Gynecologists, one of whom shall be a generalist obstetrician, and one of whom shall be a maternal fetal medicine specialist.

(b) One member from the New Hampshire chapter of the American Academy of Pediatrics, specializing in neonatology.

(c) One member from the New Hampshire chapter of the American College of Nurse-Midwives.

(d) One member from the New Hampshire section of the Association for Women's Health, Obstetric and Neonatal Nurses.

(e) The administrator of maternal and child health who also is the Title V director, division of public health services, department of health and human services.

(f) An epidemiologist from the department of health and human services with experience analyzing perinatal data, or designee.

(g) A representative of the community mental health centers.

(h) A public member.

(i) The chief medical examiner, or designee.

II. Each member in subparagraphs I(a)-(h) shall be appointed by the commissioner of health and human services, or designee, in collaboration with the organizations listed in paragraph I.

III. The term of each member shall be 3 years and the terms shall be staggered. The chair shall be appointed by the commissioner. The initially appointed chair shall call the meeting and panel together and shall serve as chair for 6 months, after which time, the panel shall elect its chair. Members of the panel shall receive no compensation.

IV. The commissioner may delegate to the Northern New England Perinatal Quality Improvement Network (NNEPQIN) the functions of collecting, analyzing, and disseminating maternal mortality information, organizing and convening meetings of the panel, and other substantive and administrative tasks as may be incident to these activities. The activities of NNEPQIN and its employees or agents shall be subject to the same confidentiality provisions as those that apply to the panel.

V. The commissioner shall submit an annual report beginning on June 1, 2011 to the oversight committee on health and human services describing adverse events reviewed by the panel, including statistics and causes, and outlining, in aggregate, corrective action plans, and making recommendations for system change and legislation relative to state health care operations.

VI. (a) The panel, in collaboration with the commissioner of the department of health and human services, or designee, shall conduct comprehensive multidisciplinary reviews of the maternal mortality deaths, as defined in RSA 132:29, I-III, in New Hampshire.

(b) Each member of the panel shall be responsible for the dissemination of panel recommendations to his or her respective institutions and professional organizations. All such information shall be disseminated through each participant's quality assurance program in order to protect the confidentiality of all participants and patients involved in any incident.

(c) The panel shall not:

(1) Call witnesses or take testimony from individuals involved in the investigation of a maternal death.

(2) Enforce any public health standard or criminal law or otherwise participate in any legal proceeding, except if a member of the team is involved in the investigation of the death or resulting prosecution and must participate in a legal proceeding in the course of performing in his or her duties outside the team.

(d) Proceedings, records, and opinions of the maternal mortality review panel are confidential, not subject to RSA 91-A, and not subject to discovery, subpoena, or introduction into evidence in any civil or criminal proceeding. Nothing in this subparagraph shall be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the proceedings of the panel.

(e) Members of the panel shall not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting of the team. Nothing in this subparagraph shall be construed to prevent a member of the panel from testifying to information obtained independently of the team or which is public information.

VII. The commissioner of the department of health and human services, with the advice and recommendation of a majority of members of the panel, shall adopt rules, pursuant to RSA 541-A, relative to the following:

(a) The system for identifying and reporting maternal deaths to the commissioner, or designee.

(b) The form and manner through which the program may acquire information under RSA 132:31.

(c) The protocol to be used in carefully and sensitively contacting a family member of the deceased woman for a discussion of the events surrounding the death, allowing grieving family members to refuse such an interview.

(d) Assuring de-identification of all individuals and facilities involved in the panel review of cases.


Source. 2010, 129:2, eff. Aug. 8, 2010.

    132:31 Acquisition of Information Related to Maternal Mortality. 

I. If a root cause analysis of a maternal mortality event has been completed, such findings shall be included in the records supplied to the review panel.

II. Health care providers, health care facilities, clinics, laboratories, medical records departments, and state offices, agencies and departments shall report all maternal mortality deaths as defined in RSA 132:29, I-III to the chair of the panel and the commissioner, or designee. The commissioner shall have access to individually identifiable information relating to the occurrence of maternal deaths only on a case-by-case basis where public health is at risk. This information includes, but is not limited to: vital records, hospital discharge data, prenatal, fetal, pediatric, or infant medical records, hospital or clinic records, laboratory reports, records of fetal deaths or induced terminations of pregnancies, and autopsy reports. The same case information may be acquired from health care facilities, maternal mortality review programs, and other sources in other states to ensure that its records of New Hampshire maternal mortality cases are accurate and complete. The chair shall not acquire and retain any individually identifiable information.

III. The commissioner, or designee, may retain identifiable information regarding facilities where maternal deaths occur and geographical information on each case solely for the purposes of trending and analysis over time. Pursuant to RSA 132:30, VII(d), identifiable information on all individuals and facilities shall be removed prior to any case review by the panel.


Source. 2010, 129:2, eff. Aug. 8, 2010.

    132:32 Definitions. 

In this subdivision:

I. "
Abortion
" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove an ectopic pregnancy or the products from a spontaneous miscarriage.

II. "
Commissioner
" means the commissioner of the department of health and human services.

III. "
Department
" means the department of health and human services.

IV. "
Emancipated minor
" means any minor female who is or has been married or has by court order otherwise been freed from the care, custody, and control of her parents.

V. "
Guardian
" means the guardian or conservator appointed under RSA 464-A, for pregnant females.

VI. "
Minor
" means any person under the age of 18 years.

VII. "
Parent
" means one parent of the pregnant girl if one is living or the guardian or conservator if the pregnant girl has one.

VIII. "
Medical emergency
" means a condition that, on the basis of the physician's good-faith clinical judgment, so complicates the medical condition of a pregnant woman as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible impairment of a major bodily function.


Source. 2011, 205:2, eff. Jan. 1, 2012.

    132:33 Notification Required. 

I. No abortion shall be performed upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed pursuant to RSA 464-A because of a finding of incompetency, until at least 48 hours after written notice of the pending abortion has been delivered in the manner specified in paragraphs II and III.

II. The written notice shall be addressed to the parent at the usual place of abode of the parent and delivered personally to the parent by the physician or an agent.

III. In lieu of the delivery required by paragraph II, notice shall be made by certified mail addressed to the parent at the usual place of abode of the parent with return receipt requested and with restricted delivery to the addressee, which means the postal employee shall only deliver the mail to the authorized addressee. Time of delivery shall be deemed to occur at 12 o'clock noon on the next day on which regular mail delivery takes place, subsequent to mailing.


Source. 2011, 205:2, eff. Jan. 1, 2012.

    132:34 Waiver of Notice. 

I. No notice shall be required under RSA 132:33 if:

(a) The attending abortion provider certifies in the pregnant minor's medical record that a medical emergency exists and there is insufficient time to provide the required notice; or

(b) The person or persons who are entitled to notice certify in writing that they have been notified.

II. If such a pregnant minor elects not to allow the notification of her parent or guardian or conservator, any superior court judge shall, upon petition, or motion, and after an appropriate hearing, authorize an abortion provider to perform the abortion if said judge determines that the pregnant minor is mature and capable of giving informed consent to the proposed abortion. If said judge determines that the pregnant minor is not mature, or if the pregnant minor does not claim to be mature, the judge shall determine whether the performance of an abortion upon her without notification of her parent, guardian, or conservator would be in her best interests and shall authorize an abortion provider to perform the abortion without such notification if said judge concludes that the pregnant minor's best interests would be served thereby.

(a) Such a pregnant minor may participate in proceedings in the court on her own behalf, and the court may appoint a guardian ad litem for her. Any guardian ad litem appointed under this subdivision shall maintain the confidentiality of the proceedings. The court shall, however, advise her that she has a right to court-appointed counsel, and shall, upon her request, provide her with such counsel.

(b) Proceedings under this section shall be held in closed court, shall be confidential and shall ensure the anonymity of the minor. All court proceedings under this section shall be sealed. The minor shall have the right to file her petition in the court using a pseudonym or using solely her initials. All documents related to this petition shall be confidential and shall not be available to the public. These proceedings shall be given such precedence over other pending matters so that the court may reach a decision promptly and without delay so as to serve the best interest of the pregnant minor. In no case shall the court fail to rule within 2 court business days from the time the petition is filed, except that the 2 court business day limitation may be extended at the request of the minor. A judge of the court who conducts proceedings under this section shall make in writing specific factual findings and legal conclusions supporting the decision and shall order a record of the evidence to be maintained including the judge's own findings and conclusions. If the court fails to rule within the 2 court business day period and an extension was not requested, then the petition shall be deemed to have been granted, and the notice requirement shall be waived.

(c) An expedited confidential appeal shall be available, as the supreme court provides by rule, to any such pregnant minor for whom the court denies an order authorizing an abortion without notification. The court shall make a ruling within 2 court business days from the time of the docketing of the appeal. An order authorizing an abortion without notification shall not be subject to appeal. No filing fees shall be required of any such pregnant minor at either the trial or the appellate level. Access to the trial court for the purposes of such a petition or motion, and access to the appellate courts for purposes of making an appeal from denial of the same, shall be afforded such a pregnant minor 24 hours a day, 7 days a week.

(d) The supreme court shall make rules to ensure that procedures followed in the appeals process are handled in an expeditious manner and protect the confidentiality of the parties involved in the appeal to satisfy the requirements of the federal courts.


Source. 2011, 205:2. 2012, 78:1, eff. May 23, 2012.

    132:35 Penalty. 

Performance of an abortion in violation of this subdivision shall be a misdemeanor and shall be grounds for a civil action by a person wrongfully denied notification. A person shall not be held liable under this section if the person establishes by written evidence that the person relied upon evidence sufficient to convince a careful and prudent person that the representations of the pregnant minor regarding information necessary to comply with this section are bone fide and true, or if the person has attempted with reasonable diligence to deliver notice, but has been unable to do so.


Source. 2011, 205:2, eff. Jan. 1, 2012.

    132:36 Severability. 

If any provision of this subdivision or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions or applications of this subdivision which can be given effect without the invalid provisions or applications, and to this end, the provisions of this subdivision are severable.


Source. 2011, 205:2, eff. Jan. 1, 2012.

    132:37 Definitions. 

In this subdivision:

I. "
Reproductive health care facility
" means a place, other than within or upon the grounds of a hospital, where abortions are offered or performed.

II. "
Patient escort services
" means the act of physically escorting patients through the buffer zone to the reproductive health care facility and does not include counseling or protesting of any sort during such escort service.


Source. 2014, 81:2, eff. July 10, 2014.

    132:38 Prohibited Acts. 

I. No person shall knowingly enter or remain on a public way or sidewalk adjacent to a reproductive health care facility within a radius up to 25 feet of any portion of an entrance, exit, or driveway of a reproductive health care facility. This section shall not apply to the following:

(a) Persons entering or leaving such facility.

(b) Employees or agents of such facility acting within the scope of their employment for the purpose of providing patient escort services only.

(c) Law enforcement, ambulance, firefighting, construction, utilities, public works and other municipal agents acting within the scope of their employment.

(d) Persons using the public sidewalk or street right-of-way adjacent to such facility solely for the purpose of reaching a destination other than such facility.

II. Reproductive health care facilities shall clearly demarcate the zone authorized in paragraph I and post such zone with signage containing the following language:

Reproductive Health Center

Patient Safety Zone

No Congregating, Patrolling, Picketing, or Demonstrating Between Signs

Pursuant to RSA 132:38

III. Prior to posting the signage authorized under paragraph II, a reproductive health care facility shall consult with local law enforcement and those local authorities with responsibilities specific to the approval of locations and size of the signs to ensure compliance with local ordinances.

IV. The provisions of this section shall only be effective during the facility's business hours.


Source. 2014, 81:2, eff. July 10, 2014.

    132:39 Enforcement;  Civil Fine. 

I. Prior to issuing a citation for a violation of this section, a police officer or any law enforcement officer shall issue one written warning to an individual. If the individual fails to comply after one warning, such individual shall be given a citation. Failure to comply after one warning shall be cause for citation whether or not the failure or subsequent failures are contemporaneous in time with the initial warning.

II. Any person who violates this subdivision shall be guilty of a violation and shall be charged a minimum fine of $100. In addition, the attorney general or the appropriate county attorney may bring an action for injunctive relief to prevent further violations of this subdivision.

III. This section shall not apply unless the signage authorized in RSA 132:38, II was in place at the time of the alleged violation.


Source. 2014, 81:2, eff. July 10, 2014.

    132:4 Effect of Aid. 

No person receiving aid under this chapter shall be affected thereby in any civil or political rights, nor shall their identity be disclosed except upon written order of the commissioner of the department of health and human services.


Source. 1921, 151:3. PL 128:3. RL 150:3. RSA 132:4. 1986, 198:13. 1995, 310:182, eff. Nov. 1, 1995.

    132:40 Severability. 

If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application, and to this end the provisions of this subdivision are declared to be severable.


Source. 2014, 81:2, eff. July 10, 2014.

    132:41 Child Fatality Review Committee Established. 

I. The department of health and human services, in conjunction with the office of the chief medical examiner and in accordance with RSA 611-B, shall establish a child fatality review committee to conduct comprehensive, multidisciplinary reviews of preventable infant, child, and youth deaths in New Hampshire for the purpose of identifying factors associated with the deaths and to make recommendations for system changes to improve services for infants, children, and youth.

II. The objectives of the child fatality review committee shall be to:

(a) Describe trends and patterns of child deaths in New Hampshire, including sudden unexpected infant deaths (SUID) and sudden death in the young (SDY).

(b) Identify and investigate the prevalence of risks and risk factors among the populations of deceased children.

(c) Evaluate the service and system responses for children and families and to offer recommendations for improvement of those services.

(d) Improve the quality and comprehensiveness of child fatality data by enhancing and integrating information obtained from autopsies, death scene investigations, death certificates, police reports, medical records, and other relevant sources.

(e) Enable state agencies, law enforcement, health care providers, and community-based organizations to more effectively prevent and investigate child fatalities.

III. The child fatality review committee shall consist of the following members:

(a) The attorney general, or designee.

(b) The chief medical examiner, or designee.

(c) The director of maternal and child health, division of public health services, department of health and human services, or designee.

(d) The director of the injury prevention program, division of public health services, department of health and human services, or designee.

(e) The director of the division for children, youth and families, department of health and human services, or designee.

(f) The director of the division for behavioral health, department of health and human services, or designee.

(g) The director of the division of family assistance, department of health and human services, or designee.

(h) The commissioner of the department of health and human services, or designee.

(i) The commissioner of the department of safety, or designee.

(j) The commissioner of the department of education, or designee.

(k) One representative of the judicial branch, appointed by the chief justice of the supreme court.

(l) The director of the office of the child advocate, or designee.

(m) The director of the women, infants, and children program, division of public health services, department of health and human services, or designee.

(n) The director of the division of fire standards and training and emergency medical services, department of safety, or designee.

(o) A member of the New Hampshire Pediatric Society, appointed by the society.

(p) An early childhood education specialist, appointed by the commissioner of the department of health and human services.

(q) A maternal and child health specialist, appointed by the commissioner of the department of health and human services.

(r) A representative of a child advocacy center, appointed by the commissioner of the department of health and human services.

(s) A representative of Court Appointed Special Advocates (CASA), appointed by the director of CASA.

(t) A psychiatrist or psychologist licensed in this state, appointed by the commissioner of the department of health and human services.

(u) A representative of a parent advocacy organization, appointed by the commissioner of the department of health and human services.

(v) An epidemiologist from a New Hampshire college or university, appointed by the commissioner of the department of health and human services.

(w) A domestic violence specialist, appointed by the commissioner of the department of health and human services.

(x) A representative of a statewide law enforcement officers' advisory council, appointed by the commissioner of the department of health and human services.

(y) A representative of a family resource center or home visiting program, appointed by the commissioner of the department of health and human services.

(z) A member of the public, appointed by the commissioner or the department of health and human services.

(aa) A representative of the New Hampshire Hospital Association, appointed by the association.

(bb) A representative of the New Hampshire Coalition Against Domestic and Sexual Violence, appointed by the coalition.

(cc) A representative from the fire marshal's office, appointed by the fire marshal.

IV. Members of the child fatality review committee appointed under subparagraphs III(a)-(n) shall serve a term coterminous with their term in office. Members appointed under subparagraphs III(o)-(bb) shall serve a 6-year term, provided that initial appointments shall be for staggered terms of one to 6 years.

(a) The committee shall elect 2 chairpersons from among its members. The first meeting of the committee shall be called by the commissioner of the department of health and human services, or designee, and shall be held within 45 days of the effective date of this section.

(b) The committee may create additional subcommittees focused on specific populations such as for SUID and SDY. These subcommittees shall be subject to the same protections and responsibilities as the child fatality review committee. Membership of these subcommittees shall be determined by the co-chairpersons.

(c) Members of the committee shall sign confidentiality statements that prohibit any unauthorized dissemination of information except when disclosures may be necessary to enable the committee to carry out its duties under this subdivision. No material shall be used for reasons other than for which it was intended.

(d) The department of health and human services shall provide administrative support to the committee.

(e) The chairpersons may invite any expert or member of the public to committee meetings.

V. The child fatality review committee shall:

(a) Meet no fewer than 6 times per year to conduct reviews of child fatalities, including sudden unexpected infant deaths (SUID) and sudden death in the young (SDY). Subcommittees shall meet as determined by the co-chairpersons.

(b) Utilize case identification with the sole purpose of notification and data collection among state agencies. Each of the state agencies represented on the committee shall share relevant case information regarding decedents known to or enrolled in state agency programs or services. The review committee shall have access to all records of the division for children, youth and families, including case records, third party records, which include the healthcare and education records of any child receiving services from a state agency, and court records. The committee may review existing records and other information regarding the child from relevant agencies, professionals, and providers of medical, dental, prenatal, and mental health care. The information shared shall include, but not limited to, reports from health care providers, social service providers, law enforcement, and the medical examiner's office.

(c) Study the adequacy of statutes, rules, training, and services to determine what changes are needed to decrease the incidence of preventable child fatalities and, as appropriate, take steps to implement these changes.

(d) Educate the public regarding the incidence and causes of child fatalities and the public's role in preventing these deaths.

(e) Complete an annual statistical report on the incidence and causes of child fatalities in this state during the past fiscal year and submit a copy of this report, including its recommendations for action, to the governor, the senate president, the speaker of the house of representatives, and the health and human services oversight committee established in RSA 126-A:13. The committee shall submit the report on or before December 15 of each year.

VI. The committee may subpoena witnesses, records, documents, reports, reviews, recommendations, correspondence, data, and other evidence that the committee reasonably believes is relevant to the committee's objectives.

VII. (a) The committee shall maintain the confidentiality of all records pursuant to RSA 169-C:25, RSA 170-G:8-a, and all other related confidentiality laws.

(b) The information and records obtained and created in execution of the child fatality review committee's official functions shall be exempt from disclosure pursuant to RSA 91-A and shall be privileged and exempt from use or disclosure in any criminal or civil matter or administrative proceeding. No person who participates in the official functions of the committee shall be compelled to testify or produce evidence in any judicial or administrative proceeding with respect to any matter involving exercise of his or her official duties.

(c) [Repealed.]

(d) Any person who knowingly discloses case records or other information obtained from committee proceedings shall be guilty of a misdemeanor.


Source. 2019, 302:1, eff. July 29, 2019. 2020, 37:43, 144-147, eff. July 29, 2020.

    132:5 Repealed by 1986, 198:23, XXVII, eff. Aug. 2, 1986. 

    132:6 Prevention of Ophthalmia in Newborn. 

I. The physician, hospital, nurse midwife, midwife, or other health care provider attending a newborn child shall, after washing the lids and adjacent tissues immediately following birth, place into each eye of every child a single drop of a one percent solution of nitrate of silver or some equally efficient solution.

II. Should one or both eyes of an infant become inflamed, swollen, and red, and show an unusual discharge at any time within 2 weeks after its birth, a report shall be made in writing, within 6 hours thereafter, to the department of health and human services, except if a licensed physician is in attendance he shall report as required by this section within 24 hours.

III. If a physician is not in attendance, the parents, or whoever has charge of such infant, shall immediately place it in the charge of a licensed physician.

IV. The commissioner of the department of health and human services may publish such information and instruction and adopt rules as he deems expedient to prevent the development of inflammation in the eyes of newborn babies, or so-called ophthalmia neonatorum.


Source. 1911, 121:1. PL 128:5. RL 150:5. RSA 132:6. 1985, 190:40. 1986, 198:14. 1995, 310:181, 182. 1999, 213:1, eff. July 6, 1999.

    132:7 Repealed by 1986, 198:23, XXVIII, eff. Aug. 2, 1986. 

    132:8 Repealed by 1986, 198:23, XXIX, eff. Aug. 2, 1986. 

    132:9 Repealed by 1986, 198:23, XXX, eff. Aug. 2, 1986. 

    135-A:1 Compact. 

The Interstate Compact on Mental Health is hereby enacted into and entered into by this state with all other states legally joining therein in the form substantially as follows:


Interstate Compact on Mental Health

The contracting states solemnly agree that:


Article I

The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.


Article II

As used in this compact:

(a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.

(b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.

(c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.

(d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.

(e) "After-care" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.

(f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.

(g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.

(h) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.


Article III

(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications.

(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.

(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.

(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.

(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such further transfer of the patient may be made as seems likely to be in the best interest of the patient.


Article IV

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive after-care or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that after-care in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such after-care in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.

(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive after-care or supervision in the receiving state.

(c) In supervising, treating, or caring for a patient on after-care pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care, and treatment that it employs for similar local patients.


Article V

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authority within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.


Article VI

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.


Article VII

(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.

(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any 2 or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.

(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provisions of this compact.

(e) Nothing in this compact shall be construed to invalidate any reciprocal agreement between a party state and a non-party state relating to institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.


Article VIII

(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state shall have the sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.

(b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.


Article IX

(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.

(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.


Article X

(a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.

(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.


Article XI

The duly constituted administrative authorities of any 2 or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.


Article XII

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.


Article XIII

(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.

(b) Withdrawal from any agreement permitted by Article VII(b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.


Article XIV

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.


Source. 1957, 215:1, eff. Sept. 1, 1957.

    135-A:2 Administrator. 

Pursuant to the compact, the governor is hereby authorized to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to adopt rules relative to the effective administration of the compact. The compact administrator is hereby authorized and directed to cooperate with all departments, agencies and officers of this state and its subdivisions in the proper administration of the compact and in the administration of any supplementary agreement or agreements entered into by this state under the compact.


Source. 1957, 215:1. 1981, 492:13, eff. June 29, 1981.

    135-A:3 Agreements. 

The compact administrator is hereby authorized and empowered to enter into supplementary agreements with appropriate officials of other states pursuant to Articles VII and XI of the compact. In the event that such supplementary agreements shall require or contemplate the use of any institution or facility of this state or require or contemplate the provision of any service by this state, no such agreement shall have force or effect until approved by the head of the department or agency under whose jurisdiction said institution or facility is operated or whose department or agency will be charged with the rendering of such service.


Source. 1957, 215:1, eff. Sept. 1, 1957.

    135-A:4 Payments. 

Any payments necessary to discharge any financial obligations imposed upon this state by the compact or by any supplementary agreement entered into hereunder shall be a charge upon the appropriation for the respective state institution.


Source. 1957, 215:1, eff. Sept. 1, 1957.

    135-A:5 Approval by Court. 

The compact administrator is hereby directed to consult with the immediate family of any proposed transferee and, in the case of a proposed transferee from an institution in this state to an institution in another party state, to take no final action without approval of the probate court.


Source. 1957, 215:1, eff. Sept. 1, 1957.

    135-A:6 Copies Forwarded. 

Duly authorized copies of this act shall, upon its approval be transmitted by the secretary of state to the governor of each state, the attorney general and the secretary of state of the United States, and the council of state governments.


Source. 1957, 215:1, eff. Sept. 1, 1957.

    135-C:1 Purpose and Policy. 

I. The purpose of this chapter is to enable the department of health and human services to:

(a) Establish, maintain, and coordinate a comprehensive, effective, and efficient system of services for persons with mental illness.

(b) Reduce the occurrence, severity and duration of mental, emotional, and behavioral disabilities.

(c) Prevent mentally ill persons from harming themselves or others.

II. It is the policy of this state to provide to persons who are severely mentally disabled adequate and humane care which, to the extent possible while meeting the purposes of habilitation and treatment, is:

(a) Within each person's own community.

(b) Least restrictive of the person's freedom of movement and ability to function normally in society while being appropriate to the person's individual capacity.

(c) Directed toward eliminating the need for services and promoting the person's independence.

III. It is the policy of this state that mental illness in and of itself is insufficient to involuntarily admit any person into the mental health services system.


Source. 1986, 212:1. 1995, 310:181, eff. Nov. 1, 1995.

    135-C:10 Eligibility of Programs;  Monitoring. 

I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and the process of approval by the director of community mental health programs for their eligibility to:

(a) Receive municipal contributions under RSA 135-C:9.

(b) Make involuntary admissions under RSA 135-C:27-33 and RSA 135-C:34-54.

(c) Receive payments for services under RSA 415:18-a.

II. The rules may require community mental health programs to:

(a) Be accredited by the Joint Commission on Accreditation of Hospitals;

(b) Be making adequate progress as determined by the commissioner toward obtaining accreditation by the Joint Commission on Accreditation of Hospitals; or

(c) Meet standards, developed by the commissioner, which are comparable to those required for accreditation by the Joint Commission on Accreditation of Hospitals for programs choosing not to seek such accreditation.

III. The commissioner or his designee may conduct site visits and may otherwise audit and monitor any approved community mental health program to determine compliance with the standards established under subparagraph II(c).

III-a. The commissioner shall adopt rules, pursuant to RSA 541-A, establishing a reapproval process and shall require mental health programs to be subject to reapproval in accordance with such process every 5 years.

IV. The board of directors of community mental health programs approved by the commissioner and other nonprofit agencies primarily engaged in the provision of mental health services which provide services within the state mental health services system shall be generally representative of the geographic area served by such program and shall include representation of consumers or former consumers of mental health services and their families.


Source. 1986, 212:1. 1995, 310:183. 1997, 190:2. 1998, 168:1, eff. Aug. 14, 1998. 2019, 120:4, eff. Aug. 20, 2019.

    135-C:11 Federal Funds. 

The commissioner may accept grants or other allocations of funds from the federal government for mental health services and may allocate, distribute, expend, or enter into contracts for the expenditure of such funds in accordance with the terms of the grants or allocations.


Source. 1986, 212:1. 1995, 310:85, eff. Nov. 1, 1995.

    135-C:12 Application for Services. 

I. Any person seeking services from the state mental health services system may apply to an approved community mental health program or to a receiving facility.

II. Application shall be made by, or with the consent of, the person seeking services. An application for a person 18 years of age or older who has been adjudicated incapacitated in accordance with RSA 464-A shall be made by, or with the consent of, his court appointed guardian. Application for a person under 18 years of age may be made by the person's parent or legal guardian.

III. The program or facility shall determine the eligibility of the applicant, pursuant to RSA 135-C:13, to receive services from the state mental health services system and shall notify the applicant of the eligibility decision within 15 days after receipt of the application.


Source. 1986, 212:1, eff. Jan. 1, 1987.

[RSA 135-C:13 effective until July 1, 2023; see also RSA 135-C:13

 set out below.]
    135-C:13 Discrimination Prohibited;  Eligibility for Services. 

Every severely mentally disabled person shall be eligible for admission to the state mental health services system, and no such person shall be denied services because of race, color or religion, sex, gender identity, or inability to pay. Admission to the state mental health services system and access to treatment and other services within the system shall be contingent upon the availability of appropriations. The community mental health program responsible for providing services shall conduct a clinical assessment of every applicant for services. The community mental health program shall prioritize delivery of services based on the severity of the individual's clinical needs. Emergency services shall be provided as needed. Services shall not be denied to persons who are conditionally discharged from a receiving facility under RSA 135-C:50, or who are ordered to submit to treatment at a community mental health program under RSA 135-C:45. Eligible persons shall include formerly severely mentally disabled persons who without continued services would probably become severely mentally disabled again. Each client has a right to adequate and humane treatment provided in accordance with generally accepted clinical and professional standards. The treatment shall include such psychological, psychiatric, habilitative, rehabilitative, vocational and case management services which are necessary and appropriate to bring about an improvement, when possible, in the client's condition and which are available within the state mental health services system. If necessary services are not available, each agency responsible for provision of such services shall notify the department of the need for them, and the department shall utilize such information for budgetary planning purposes. The treatment may include housing and such other services as the department may elect to provide to severely mentally disabled persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees for clients in the state system.


[RSA 135-C:13 effective July 1, 2023; see also RSA 135-C:13

 above.]



135-C:13 Discrimination Prohibited;  Eligibility for Services. 

Every severely mentally disabled person shall be eligible for admission to the state mental health services system, and no such person shall be denied services because of race, color or religion, sex, gender identity, or inability to pay. Eligible persons shall include formerly severely mentally disabled persons who without continued services would probably become severely mentally disabled again. Each client has a right to adequate and humane treatment provided in accordance with generally accepted clinical and professional standards. The treatment shall include such psychological, psychiatric, habilitative, rehabilitative, vocational and case management services which are necessary and appropriate to bring about an improvement, when possible, in the client's condition and which are available within the state mental health services system. If necessary services are not available, each agency responsible for provision of such services shall notify the department of the need for them, and the department shall utilize such information for budgetary planning purposes. The treatment may include housing and such other services as the department may elect to provide to severely mentally disabled persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees for clients in the state system.



Source. 1986, 212:1. 1995, 310:175, 183, eff. Nov. 1, 1995. 2011, 209:4, eff. July 1, 2011; 209:5, eff. July 1, 2021; 224:18, eff. July 1, 2011. 2019, 332:11, Oct. 15, 2019.

    135-C:14 Optional Services. 

The department may provide services to persons in need of mental health treatment who are not severely mentally disabled and may provide prevention, emergency, information and referral, consultation, education and other services to individuals and organizations without regard to eligibility and shall give special emphasis to children and elderly who need mental health intervention.


Source. 1986, 212:1. 1995, 310:175, eff. Nov. 1, 1995.

    135-C:15 Placement Criteria. 

Except for emergency treatment or involuntary admissions ordered under RSA 135-C:27-54, all placements of clients in the programs and services in the mental health system shall be voluntary and shall require the documented consent of the client or guardian. Placements shall be made into those programs and services which least restrict the client's freedom of movement, ability to make decisions, and participation in his community while achieving the purposes of habilitation and treatment.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:16 Withdrawal From Services;  Rules. 

Subject to RSA 135-C:17, any client receiving service or treatment on a voluntary basis may at any time withdraw from the service or treatment or from any specific form of treatment. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the rights of minors to withdraw from service or treatment. The commissioner may adopt rules, pursuant to RSA 541-A, which limit the right of a client to withdraw completely from a receiving facility at night or on weekends and holidays. When a withdrawal is made against medical advice, the client shall be notified in writing of that fact and a copy of the notice shall be made a part of the client's record.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    135-C:17 Restriction on Withdrawal. 

If a client admitted to a receiving facility on a voluntary basis informs the facility of his desire to withdraw completely from the facility, the administrator of the facility or his designee may order a mental and physical examination of the client to determine whether the criteria for involuntary emergency admission in RSA 135-C:27-33 are met. In such instances, the withdrawal of the client from the facility may be restricted for a period not to exceed 24 hours. If the physician conducting the examination determines that the criteria for involuntary emergency admission are not met or if no examination has occurred within the 24-hour period, the client shall be released immediately. Otherwise, the client shall be treated in accordance with the provisions of RSA 135-C:27-33.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:18 Termination of Services;  Rules. 

Any program or facility in the mental health services system may at any time terminate or suspend services to the client when the termination or suspension is in the best interests of the client or when the client cannot benefit from the service. Services may also be terminated or suspended if the client endangers or threatens to endanger other clients or staff. A reasonable notice shall be given to the client or guardian, stating the effective date of the termination or suspension, the reasons for the termination or suspension, and the right to appeal the termination or suspension decision. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to termination or suspension criteria and procedures for administrative appeals.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    135-C:19-a Disclosure of Certain Information. 

I. Notwithstanding RSA 329:26 and RSA 330-A:32, a community mental health center or state facility providing services to seriously or chronically mentally ill clients may disclose information regarding diagnosis, admission to or discharge from a treatment facility, functional assessment, the name of the medicine prescribed, the side effects of any medication prescribed, behavioral or physical manifestations which would result from failure of the client to take such prescribed medication, treatment plans and goals and behavioral management strategies to a family member or other person, if such family member or person lives with the client or provides direct care to the client. The mental health center or facility shall provide a written notice to the client which shall include the name of the person requesting the information, the specific information requested and the reason for the request. Prior to the disclosure, the mental health center or facility shall request in writing the consent of the client. If consent cannot be obtained, the client shall be informed of the reason for the intended disclosure, the specific information to be released and the person or persons to whom the disclosure is to be made.

II. Notwithstanding RSA 329:26 and RSA 330-A:32, when the medical director or designee determines that obtaining information is essential to the care or treatment of a person admitted pursuant to RSA 135-C:27-54, a designated receiving facility may request, and any health care provider which previously provided services to any person involuntarily admitted to the facility may provide, information about such person limited to medications prescribed, known medication allergies or other information essential to the medical or psychiatric care of the person admitted. Prior to requesting such information the facility shall in writing request the person's consent for such request for information. If the consent cannot be obtained, the facility shall inform the person in writing of the care providers who have been requested to provide information to the facility pursuant to this section. The facility may disclose such information as is necessary to identify the person and the facility which is requesting the information. No care provider who discloses otherwise confidential information to a designated receiving facility following a request made pursuant to this section shall be held civilly or criminally liable for disclosing such information.

II-a. Notwithstanding RSA 329:26 and RSA 330-A:32, when the medical director, or designee, determines that obtaining information is essential to the care and treatment of a person admitted pursuant to RSA 135-C:27-RSA 135-C:54 and the consent of the person admitted cannot be obtained, the designated receiving facility may request and any community mental health program which has previously provided services to such person shall immediately provide information about the person including medications prescribed, known medication allergies, services provided and other information essential to the medical and psychiatric care of the person admitted. The facility may disclose information necessary to identify the person and the facility which is requesting the information. No community mental health program which discloses otherwise confidential information to a designated receiving facility following a request made pursuant to this program shall be civilly or criminally liable for disclosing such information.

III. Notwithstanding RSA 329:26 and RSA 330-A:32, a community mental health program or state facility may disclose to an interdisciplinary committee designated by the governor to review child fatalities, information which is relevant to a case of suicide or traumatic fatal injury under review by such committee. Information to be disclosed pursuant to this paragraph shall be limited to the diagnosis and course of treatment of the child or of the person who caused the fatality. Information disclosed pursuant to this paragraph shall remain confidential and shall not be subject to discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Any person who willfully rediscloses confidential information provided to a committee designated by the governor to review child fatalities shall be guilty of a violation.


Source. 1989, 344:1. 1992, 218:1. 1998, 234:3. 2000, 294:1. 2008, 61:2, eff. May 21, 2008.

    135-C:19 Individual Service Plan;  Rules. 

There shall be an individual service plan for every client in the mental health services system. The program or facility into which the client was placed shall develop the individual service plan which shall be regularly reviewed and modified if necessary. To the extent feasible, the plan shall be developed with the participation of the client. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and process for development of individual service plans.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    135-C:2 Definitions. 

As used in this chapter:

I. "Absolute discharge" means the final and complete discharge of a mentally ill patient from any form of treatment by the department.

II. "Administrator" means the superintendent, executive director, or other chief administrative officer of any facility or of any community mental health program operated under the supervision of the commissioner.

II-a. "
Advanced practice registered nurse
" or "
APRN
" means an advanced practice registered nurse licensed by the board of nursing who is certified as a psychiatric mental health nurse practitioner by a board-recognized national certifying body.

III. "Commissioner" means the commissioner of the department of health and human services.

IV. "Community mental health program" means a program established and administered by the state, city, town, or county, or a nonprofit corporation for the purpose of providing mental health services to the residents of the area and which minimally provides emergency, medical or psychiatric screening and evaluation, case management, and psychotherapy services.

V. "Conditional discharge" means the release of an involuntarily admitted person from a receiving facility on the condition that the person accept treatment in the community or be subject to readmission.

VI. "Department" means the department of health and human services.

VII, VIII. [Repealed.]

IX. "Informed decision" means a choice made by a client or person seeking to be admitted who has the ability to make such a choice and who makes it voluntarily after all relevant information necessary to making the decision has been provided, and who understands that he is free to choose or refuse any available alternative, and who clearly indicates or expresses his choice. The choice shall be free from all coercion.

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) dependence upon or addiction to any substance such as alcohol or drugs.

XI. "
Neglect
" means an act or omission which results or could result in the deprivation of essential services or supports necessary to maintain the minimum mental, emotional, or physical health and safety of an incapacitated adult.

XII. "Physician" means a medical doctor licensed to practice in New Hampshire.

XII-a. "
Physician assistant
" or "
PA
" means a physician assistant licensed to practice in New Hampshire.

XIII. "Psychiatrist" means a physician licensed to practice in New Hampshire who is either board certified or board eligible according to the most recent regulations of the American Board of Psychiatry and Neurology, Inc., or its successor organization.

XIV. "Receiving facility" means a treatment facility which is designated by the commissioner to accept for care, custody, and treatment persons involuntarily admitted to the state mental health services system.

XV. "Severely mentally disabled" means having a mental illness which is either so acute or of such duration as to cause a substantial impairment of a person's ability to care for himself or to function normally in society in accordance with rules authorized by RSA 135-C:61.

XV-a. "
Transitional housing program services
" means a residential program that provides housing and support services to persons with serious and persistent mental illness through a contract with the department of health and human services.

XVI. "Treatment" means examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to clients in the mental health services system. Treatment shall not include examination or diagnosis for the purpose of determining the need for involuntary emergency admissions pursuant to RSA 135-C:27-33 or involuntary admissions pursuant to RSA 135-C:34-54.


Source. 1986, 212:1. 1995, 310:170, III, 175, 183. 2001, 184:2. 2002, 36:1. 2008, 52:3. 2009, 54:4, 5. 2011, 209:1, eff. July 1, 2011; 224:15, eff. July 1, 2011. 2018, 343:4, eff. July 1, 2018. 2019, 278:2, eff. Sept. 17, 2019.

    135-C:20 Jurisdiction. 

I. For proceedings under RSA 135-C:27-33, jurisdiction is vested in the district court of the city or town where the person is detained.

II. For proceedings under RSA 135-C:34-54, jurisdiction is vested in the probate court in the county where the person sought to be admitted resides or is detained. For a client who is subject to an order for involuntary admission under this chapter, jurisdiction for a hearing held pursuant to this chapter is vested in the probate court for the county where the receiving facility that has been treating the client most recently is located, unless the court making the initial involuntary admission order has specifically retained jurisdiction over such person.


Source. 1986, 212:1. 2009, 133:1, eff. June 29, 2009.

    135-C:21 Representation by Attorney General. 

The attorney general or his designee shall represent the state of New Hampshire in proceedings conducted pursuant to this chapter in which the state is an interested party.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:22 Right to Legal Counsel. 

The right of a client or a person sought to be admitted to a program or facility to legal counsel prior to and during any judicial hearing conducted under this chapter shall be absolute and unconditional. The right to legal counsel for any client or person sought to be admitted during any judicial proceeding conducted under this chapter shall be waived only if the client or person sought to be admitted makes an informed decision to do so.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:23 Legal Services;  Payment;  Appointment. 

The client or person sought to be admitted shall pay the costs of the legal services in connection with hearings held under this chapter. If the client or person sought to be admitted is unable to pay for counsel, the court shall appoint either a member of New Hampshire Legal Assistance, or its successor organization, or another attorney who shall be compensated at a rate as determined by the supreme court.


Source. 1986, 212:1. 1997, 100:1, eff. Jan. 1, 1998.

    135-C:24 Notice. 

Before any judicial hearing commences, the client or the person sought to be admitted shall be given written and oral notice, in a language he understands, of his right to be represented by legal counsel and to have legal counsel appointed for him if he is indigent.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:25 Appeals From Probate Court. 

Notwithstanding any other provision of law, any person aggrieved by an order or decree of the probate court has a right to a review by the supreme court in the same manner provided for the review of cases heard before the superior court.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:26 Receiving Facility;  Rules. 

I. New Hampshire hospital and any other facility approved by the commissioner shall be designated as receiving facilities for the care, custody, and treatment of persons subject to involuntary admissions. Any community mental health program, hospital, community residence, nursing home, or other treatment or sheltered care facility may apply to the commissioner for designation. No designation shall occur without the express written consent of the administrator of the facility to be designated.

II. A receiving facility may be designated by the commissioner for one or more of the following purposes:

(a) To receive clients under RSA 135-C:27-33 beginning with initial custody and continuing through the day following the probable cause hearing.

(b) To receive clients under RSA 135-C:27-33 for the period of involuntary emergency admission after the probable cause hearing.

(c) To receive clients for involuntary admission under RSA 135-C:34-54.

III. New Hampshire hospital shall be a receiving facility for purposes of RSA 135-C:26, II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and procedures for designation as a receiving facility.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    135-C:27 Involuntary Emergency Admission;  Criteria. 

A person shall be eligible for involuntary emergency admission if he is in such mental condition as a result of mental illness to pose a likelihood of danger to himself or others.

I. As used in this section "danger to himself" is established by demonstrating that:

(a) Within 40 days of the completion of the petition, the person has inflicted serious bodily injury on himself or has attempted suicide or serious self-injury and there is a likelihood the act or attempted act will recur if admission is not ordered;

(b) Within 40 days of the completion of the petition, the person has threatened to inflict serious bodily injury on himself and there is likelihood that an act or attempt of serious self-injury will occur if admission is not ordered; or

(c) The person's behavior demonstrates that he so lacks the capacity to care for his own welfare that there is a likelihood of death, serious bodily injury, or serious debilitation if admission is not ordered.

(d) The person meets all of the following criteria:

(1) The person has been determined to be severely mentally disabled in accordance with rules authorized by RSA 135-C:61 for a period of at least one year;

(2) The person has had at least one involuntary admission, within the last 2 years, pursuant to RSA 135-C:34-54;

(3) The person has no guardian of the person appointed pursuant to RSA 464-A;

(4) The person is not subject to a conditional discharge granted pursuant to RSA 135-C:49, II;

(5) The person has refused the treatment determined necessary by a mental health program approved by the department; and

(6) A psychiatrist at a mental health program approved by the department has determined, based upon the person's clinical history, that there is a substantial probability that the person's refusal to accept necessary treatment will lead to death, serious bodily injury, or serious debilitation if admission is not ordered.

II. As used in this section "danger to others" is established by demonstrating that within 40 days of the completion of the petition, the person has inflicted, attempted to inflict, or threatened to inflict serious bodily harm on another.


Source. 1986, 212:1. 1997, 150:1, eff. Jan. 1, 1998.

    135-C:28 Involuntary Emergency Admission Examination. 

I. The involuntary emergency admission of a person shall be to the state mental health services system under the supervision of the commissioner. The commissioner shall maintain a list of physicians, PAs, and APRNs, as defined in RSA 135-C:2, II-a, who are approved by either a designated receiving facility or a community mental health program approved by the commissioner. The admission may be ordered upon the certificate of an approved physician, approved PA, or approved APRN, as defined in RSA 135-C:2, II-a, provided that within 3 days of the completion of the petition the physician, PA, or APRN has conducted, or has caused to be conducted, a physical examination if indicated and circumstances permit, and a mental examination. The physician, PA, or APRN must find that the person to be admitted meets the criteria of RSA 135-C:27. The certificate shall state the time and, in detail, the nature of the examinations conducted. The certificate shall also state a specific act or actions the physician, PA, or APRN has actually observed or which have been reported to him or her by the petitioner or a reliable witness who shall be identified in the certificate, and which in the physician's, PA's, or APRN's or designee's opinion satisfy the criteria set forth in RSA 135-C:27. The physician, PA, or APRN shall inform the person of the designated receiving facility in the mental health services system that he or she will be transported to upon the facility location being identified. The admission shall be made to the facility which can best provide the degree of security and treatment required by the person and shall be consistent with the placement principles set forth in RSA 135-C:15. As used in RSA 135-C:27-33, "
petitioner
" means any individual, including a physician, PA, or APRN completing a certificate, who has requested that a physician, PA, or APRN conduct or who has conducted an examination for purposes of involuntary emergency admission. Every certificate shall be accompanied by a written petition signed by a petitioner.

II. Upon request for involuntary emergency admission by a petitioner, if the person sought to be admitted refuses to consent to a mental examination, a petitioner or a law enforcement officer may sign a complaint which shall be sworn to before a justice of the peace. The complaint shall be submitted to the justice of the peace with the petition. The petition shall state in detail the acts or actions of the person sought to be admitted which the petitioner has personally observed or which have been personally reported to the petitioner and in his or her opinion require a compulsory mental examination. If the justice of the peace finds that a compulsory mental examination is necessary, the justice may order the examination.

III. When a peace officer observes a person engaging in behavior which gives the peace officer reasonable suspicion to believe that the person may be suffering from a mental illness and probable cause to believe that unless the person is placed in protective custody the person poses an immediate danger of bodily injury to himself or others, the police officer may place the person in protective custody. Any person taken into protective custody under this paragraph shall be transported directly to an emergency room of a licensed general hospital or to another site designated by the community mental health program serving the area, for the purpose of determining if an involuntary emergency admission shall be ordered in accordance with RSA 135-C:28, I. The period of protective custody shall end when a physician, PA, or APRN makes a determination as to whether involuntary emergency admission shall be ordered or at the end of 6 hours, whichever event occurs first.


Source. 1986, 212:1. 1993, 293:8. 1995, 310:17. 2001, 184:3. 2009, 54:4, eff. July 21, 2009. 2018, 343:5, eff. July 1, 2018. 2019, 278:3, eff. Sept. 17, 2019.

    135-C:29-a Rescission of Involuntary Admission. 

I. Following completion of an involuntary emergency admission certificate under RSA 135-C:28 and before custody of the person is accepted by a law enforcement officer pursuant to RSA 135-C:29, the certificate may be rescinded and the person who is the subject of the certificate released in any of the following circumstances:

(a) A mobile crisis team under contract with the department of health and human services accepts transfer of the person's care.

(b) An assertive community treatment team operated by a community mental health program accepts transfer of the person's care.

(c) A community-based provider accepts transfer of the person's care.

II. Following completion of an involuntary emergency admission certificate under RSA 135-C:28 and before custody of the person is accepted by a law enforcement officer pursuant to RSA 135-C:29, the certificate shall be rescinded and the person who is the subject of the certificate released if the physician , PA, or APRN who completed the certificate, or any other physician, PA, or APRN authorized to complete such certificates, finds that the person no longer meets the criteria of RSA 135-C:27.

III. No civil action shall be maintained against a person who rescinds an involuntary admission pursuant to paragraph I or II, provided that the person is acting in good faith within the limits of his or her authority.


Source. 2018, 343:10, eff. July 1, 2018. 2019, 278:4, eff. Sept. 17, 2019.

    135-C:29 Delivery to Receiving Facility. 

I. Upon completion of an involuntary emergency admission certificate under RSA 135-C:28, a law enforcement officer shall, except as provided in paragraph II, take custody of the person to be admitted and shall immediately deliver such person to the receiving facility identified in the certificate. The mode and circumstances of transport to the receiving facility shall be determined in accordance with paragraph II.

II. The health care provider who is authorized to order involuntary emergency admission under RSA 135-C:28, I shall determine which transport option should be used to transport the person to New Hampshire hospital or the designated receiving facility. The transport options shall be by ambulance or by law enforcement. The transporting agency shall deliver the person to the designated receiving facility or New Hampshire hospital and shall determine whether restraint is necessary to protect the safety of the person, personnel conducting the transport, property, or the public. In the case of ambulance transport, such determination shall be in writing and shall state the factual basis for the conclusion that physical restraints are necessary. Physical restraints shall be used only to transport a person being admitted to New Hampshire hospital or a designated receiving facility, if necessary, to protect the safety of the person, personnel conducting the transport, property, or the public. For the purpose of this paragraph, "
physical restraints
" means the use of mechanical devices or other means to restrict the movement of a person or the movement or normal function of a portion of his or her body.

III. When the person being admitted to New Hampshire hospital or a designated receiving facility is a child under age 18, the health care provider shall consult with the parent, guardian, or legal custodian of the child prior to making the determination required under paragraph II.

IV. Each designated receiving facility and the chief executive officer of New Hampshire hospital shall submit an annual report regarding the use of restraint and the use of different modes of transportation to their facility. The report shall be submitted on or before November 1 of each year to the oversight committee on health and human services, established in RSA 126-A:13, and shall document the 12 months ending on September 30 of each year. The first report shall be for the 9 months ending on September 30, 2020. The report shall detail the number of admissions of children and adults, broken down by mode of transport, how often restraints were used in each mode of transport, and if the restraint was applied before or during transport.


Source. 1986, 212:1. 2000, 231:1, eff. Jan. 1, 2001. 2019, 239:1, eff. Jan. 1, 2020.

    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.


Source. 1986, 212:1. 1995, 310:175, 183, eff. Nov. 1, 1995.

    135-C:30 Notice. 

At the receiving facility, any person sought to be involuntarily admitted for involuntary emergency admission shall be given immediate notice by the facility administrator or his designee in simple language he may understand, and written notice within 12 hours, of the following rights:

I. To be represented by legal counsel.

II. To have legal counsel appointed for him if he is indigent.

III. To apply for admission on a voluntary basis.

IV. To consult with legal counsel prior to a change in admission status.

V. That involuntary emergency admission cannot exceed a period of 10 days, not including Saturdays and Sundays, unless the period is extended pursuant to RSA 135-C:32.

VI. That no treatment shall be administered during involuntary emergency admission unless he makes an informed decision, as defined in RSA 135-C:2, IX, to consent to treatment, or unless a medical or psychiatric emergency exists in accordance with RSA 135:21-b.


Source. 1986, 212:1. 2010, 293:1, eff. Sept. 11, 2010.

    135-C:31-a Annulment of Certain Records. 

I. If the district court finds that the petitioner has failed to meet the burden specified in RSA 135-C:31, I, all court documents pertaining to the petition, including the physician's, PA's, or APRN's certificate, and the complaint shall be sealed and the involuntary emergency admission shall be annulled.

II. Upon entry of an order of annulment:

(a) The person whose record is annulled shall be treated in all respects as if the person had never been the subject of an involuntary emergency admission.

(b) In any application for employment, license or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous involuntary emergency admission only in terms such as "Have you ever been the subject of an involuntary emergency admission that has not been annulled by a court?"


Source. 2002, 235:1, eff. Jan. 1, 2003. 2019, 278:5, eff. Sept. 17, 2019.

    135-C:31 Involuntary Emergency Admission Hearing;  Rules. 

I. Within 3 days after an involuntary emergency admission, not including Sundays and holidays, and subject to the notice requirements of RSA 135-C:24, there shall be a probable cause hearing in the district court having jurisdiction to determine if there was probable cause for involuntary emergency admission. The burden shall be on the petitioner to show that probable cause existed. The court shall render its written decision as soon as possible after the close of the hearing, but not later than the end of the court's next regular business day.

II. The person sought to be admitted or the petitioner may request a continuance of the probable cause hearing. Such requests shall be granted only for good cause but in no case shall continuance be granted for more than 2 days. Any continuance granted for good cause shall not extend the period of involuntary emergency admission.

III. The person sought to be admitted may, in writing, waive the probable cause hearing required under this section. Such waiver shall state that the person sought to be admitted has made an informed decision to waive the probable cause hearing and that he or she understands that such a waiver shall result in his or her admission on an emergency basis for a period not to exceed 10 days, not including Saturdays and Sundays, except as specified in RSA 135-C:32. The waiver shall be executed before a justice of any district or municipal court. If the person sought to be admitted is found by the court to be incapable of making an informed decision to waive probable cause, then the waiver may be executed by that person's attorney subject to the review of the court.

IV. For 48 hours prior to the hearing the person sought to be admitted shall not be given medication or treatment that would adversely affect his judgment or limit his ability to prepare for the hearing unless the person sought to be admitted makes an informed decision to consent to treatment or unless a medical or psychiatric emergency exists. If medication is given to the person sought to be admitted prior to the probable cause hearing, it shall be the affirmative obligation of the physician prescribing the medication to advise the district court of the nature of the medication, the reason for it, and its probable effect upon the person. Such notice may be transmitted to the court in writing prior to the hearing or may be presented by the physician at the hearing. The jurisdiction for the probable cause hearing shall be in the district court in the city or town where the person is detained. Upon the request of the person sought to be admitted or that person's attorney, a change of venue or transfer may be granted for good cause shown.

V. If a receiving facility has not been designated to receive or maintain custody following a probable cause hearing of a person admitted under RSA 135-C:27-33, the facility shall, within 24 hours, transfer the person to a receiving facility which has the proper designation. A receiving facility may transfer a person admitted under RSA 135-C:27-33 to another receiving facility if that receiving facility can better provide the degree of security and treatment required for the person. All transfers shall receive prior approval of the chief administrator of the state mental health services system. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to transfer criteria and procedures for the challenge of transfer decisions by the persons to be transferred.


Source. 1986, 212:1. 1992, 218:2. 1995, 310:86. 2010, 293:2, eff. Sept. 11, 2010.

    135-C:32 Ten-Day Limitation;  Petition for Involuntary Admission. 

No person shall be admitted for an involuntary emergency admission under RSA 135-C:27-33 for longer than a 10-day period, not including Saturdays and Sundays, unless a subsequent petition for involuntary emergency admission which contains allegations of specific acts or actions which occurred subsequent to the initial involuntary emergency admission is completed and the admission is ordered by a physician, PA, or APRN, as defined in RSA 135-C:2, II-a, in accordance with RSA 135-C:28, or unless a petition requesting a judicial hearing on the issue of involuntary admission under RSA 135-C:34-54 has been filed with the appropriate probate court within the involuntary admission period. Upon the filing of the petition with the probate court, the period of involuntary emergency admission may be extended until the issuance of the order of the probate court pursuant to RSA 135-C:45.


Source. 1986, 212:1. 1995, 310:19. 2001, 184:4. 2009, 54:4. 2010, 293:3, eff. Sept. 11, 2010. 2019, 278:6, eff. Sept. 17, 2019.

    135-C:33 Discharge. 

I. At any time during the period of involuntary emergency admission the administrator of the receiving facility or designee in such facility shall discharge the person admitted if the administrator decides that the person no longer meets the criteria established by RSA 135-C:27. If a discharge occurs, under this section or pursuant to a finding of no probable cause by the court, the receiving facility shall, with the consent of the person admitted, return such person to the place where the person resided at the time the petition and physician's certificate were completed and signed. Unless the discharge is pursuant to a finding of no probable cause by the court, the receiving facility shall give notice of the discharge to the community mental health program in the region from which the person was admitted and to the community mental health program in the region to which the person is being discharged. The person discharged or the person's guardian shall be given written notice of such action taken by the receiving facility.

II. The petition, police record, transport request, and medical record established as a result of the involuntary emergency admission shall remain with the accepting agency and shall only be released upon informed written consent of the individual.

III. The receiving facility shall either arrange the transportation within 24 hours of such notice or shall be liable for the cost of such transportation.


Source. 1986, 212:1. 2002, 235:2, eff. Jan. 1, 2003.

    135-C:34 Involuntary Treatment Standard. 

The standard to be used by a court, physician, or psychiatrist in determining whether a person should be admitted to a receiving facility for treatment on an involuntary basis shall be whether the person is in such mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or to others.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:35 Petition of Responsible Person. 

Any responsible person may petition for a hearing relative to the need for admission on an involuntary basis of another person due to mental illness under RSA 135-C:36.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:36 Petition. 

I. The petition for admission on an involuntary basis shall include:

(a) The name of the person sought to be admitted and his last known address.

(b) The specific acts or actions that the petitioner alleges satisfy RSA 135-C:34.

(c) A certificate from a physician, physician assistant, or advanced practice registered nurse who is approved by either a designated receiving facility or a community mental health program approved by the commissioner, who has examined the person sought to be admitted within 5 days of the date the petition is filed and who agrees that, based on this examination, such person satisfies the standard set forth in RSA 135-C:34.

(d) The names and addresses of witnesses who can testify to the occurrence of the specific acts or actions of the person sought to be admitted which the petitioner alleges will satisfy the requirements of RSA 135-C:34.

II. The certificate of the examining physician, physician assistant, or advanced practice registered nurse made upon admission, if the person sought to be admitted is currently voluntarily admitted to a receiving facility, or a certificate of the examining physician, physician assistant, or advanced practice registered nurse made prior to the admission of the person sought to be admitted to involuntary emergency admission in accordance with RSA 135-C:27-33, shall be sufficient as the certificate for the petition for involuntary admission, if made within 5 days of the date of the filing of the petition.

III. The petition for admission on an involuntary basis may include a request for appointment of a guardian over the person for the limited purpose of providing for the respondent's health care. If such a request is made, the petition shall include:

(a) The petitioner's connection with or relationship to the respondent;

(b) When appropriate, the name and address of the person or institution having care or custody over the respondent;

(c) The names and addresses of adult spouses, parents, children and siblings of the respondent, so far as they are known to the petitioner;

(d) The name, address, occupation and relationship to the respondent, if any, of the proposed guardian; and

(e) A statement containing facts which show the necessity for appointment of a guardian of the person for the purpose of providing health care, including specific allegations as to the respondent's personal actions or actual occurrences which are claimed to demonstrate his or her inability to provide for personal needs for health care.


Source. 1986, 212:1. 1992, 218:3. 1995, 310:18, eff. Nov. 1, 1995. 2015, 144:1, 2, eff. June 12, 2015. 2019, 278:7, eff. Sept. 17, 2019.

    135-C:37 Hearing Date. 

The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 15 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition.


Source. 1986, 212:1. 1995, 212:3, eff. Jan. 1, 1996.

    135-C:38 Copies of Petition. 

Subsequent to receipt of the petition for involuntary admission, the clerk shall, within 2 days of receipt of the petition, forward 2 copies to the person sought to be admitted with notice to the appropriate receiving facility.


Source. 1986, 212:1. 2011, 88:20, eff. July 1, 2011. 2016, 187:1, eff. June 3, 2016.

    135-C:39 Custody Prior to Hearing. 

I. The person sought to be admitted for treatment on an involuntary basis shall be at liberty pending the hearing, unless:

(a) The person is under the protective custody of the department in accordance with RSA 135-C:27-33;

(b) The client has been admitted for voluntary care and wishes to remain so;

(c) The person is already in the custody of the department due to admission for treatment on an involuntary basis; or

(d) The person is in custody in the criminal justice system pursuant to RSA 135:17-a, I.

II. A period of involuntary admission ordered by a probate court pursuant to RSA 135-C:45 may be continued under subparagraph I (c), provided that a petition requesting a judicial hearing on the issue of subsequent involuntary admission has been filed with the appropriate probate court within the initial period of involuntary admission. Upon the filing of the petition, the period of involuntary admission may be extended until the issuance of the order of the probate court pursuant to RSA 135-C:45; provided that the probate court shall act upon the petition within 30 days of its filing.


Source. 1986, 212:1. 1990, 266:2. 1995, 212:1, eff. Jan. 1, 1996; 310:175, eff. Nov. 1, 1995.

    135-C:4 State Facilities Other Than New Hampshire Hospital;  Rules. 

I. The commissioner shall have charge of the property and concerns of any facility owned by the state which provides, or which may be established to provide, care and treatment to persons who have mental illness or developmental disabilities, including those subject to the exception set forth in paragraph I-a, with regard to the care and maintenance of the grounds and buildings located at the facility in Concord, known as New Hampshire hospital. Such facilities include, but are not limited to, facilities established at Glencliff known as Glencliff home.

I-a. The commissioner shall have charge of the interior maintenance and grounds of the acute psychiatric services building, and all transitional buildings including the Howard recreation building, located on the campus of the New Hampshire hospital as described in RSA 4:39-a.

II. The commissioner may enter into contracts relative to services to clients, management, and operation of the facilities as he or she deems appropriate, other than contracts regarding the care and maintenance of the grounds and buildings, or portions thereof, at the facility in Concord known as the New Hampshire hospital which have been assigned to the care of the department of administrative services, and may receive, appropriate, control, convey, hold in trust, or invest any funds or real or personal property given or devised to or owned by any facility in any manner as he or she deems expedient. The commissioner may determine the name of, the services to be provided at, and the clients, whether under RSA 135-C or RSA 171-A, to be served by any facility.

III. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to eligibility criteria and procedures for admission to state facilities.


Source. 1986, 212:1. 1988, 107:5. 1995, 310:80, 183. 2005, 291:25. 2007, 263:12. 2014, 327:53, eff. Aug. 2, 2014. 2022, 272:55, eff. June 24, 2022.

    135-C:40 Examination by Psychiatrist. 

Upon receipt of the petition, the court shall order the person sought to be admitted to make himself available for an examination by a psychiatrist designated by the court prior to the date of the hearing. A written report prepared by a psychiatrist shall be filed with the court on or before the day of the hearing. The report shall include the following:

I. Whether, in the opinion of the examining psychiatrist, the person sought to be admitted meets the standard in RSA 135-C:34.

II. Whether, in the opinion of the examining psychiatrist, involuntary admission is necessary for treatment of the person, and if so, the appropriate period of time, in the opinion of the examining psychiatrist, for such an admission. In determining the appropriate period of time, the examining psychiatrist shall include, to the extent that he considers it appropriate, time to allow for conditional discharge. Conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition.

III. The form of treatment best suited to the needs of the person, if, in the opinion of the examining psychiatrist, involuntary admission is not necessary.

IV. The receiving facility which can best provide the degree of security and treatment needed for the person.

V. Possible alternatives, including the least restrictive alternative, considered by the examining psychiatrist.


Source. 1986, 212:1. 1992, 218:4, eff. Oct. 1, 1992.

    135-C:41 Recommendations;  Copy to Person. 

No later than on the day before the hearing, 2 copies of the report prepared pursuant to RSA 135-C:40 shall be made available to the person sought to be admitted and to his or her attorney.


Source. 1986, 212:1. 2000, 294:2, eff. Aug. 20, 2000.

    135-C:42 Continuance. 

Either party may apply to the court for a continuance of the hearing on a petition for involuntary admission which the court may grant for good cause shown.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:43 Conduct of Hearing. 

I. For hearings held under this chapter, the person sought to be admitted shall have the right to legal counsel, to present evidence on his or her own behalf, to have a closed hearing and a closed file unless he or she requests otherwise, and to cross-examine witnesses. He or she shall also have the right to summon as a witness the psychiatrist who filed the report pursuant to RSA 135-C:40 and to cross-examine him or her. A transcript, which may consist only of any audio recording of the proceedings, and at the court's discretion, shall be made of the entire proceeding. The transcript may serve as the basis for an appeal and the costs of the transcript shall be apportioned, within the judge's discretion, between the state and the person sought to be admitted. The transcript or recording shall be retained by the court for 2 years or until official notice is received of discharge, if the person is admitted on an involuntary basis and subsequently discharged.

II. If the court determines that involuntary admission to a receiving facility is necessary, the court, at the nonemergency involuntary admission hearing, shall determine if the psychiatric evaluation performed by the psychiatrist designated by the court shall be available to the designated receiving facility, as defined in RSA 135-C:26, or the secure psychiatric unit. Before the court determines whether to provide the psychiatric evaluation to the designated receiving facility or to the secure psychiatric unit, the court shall provide the person sought to be admitted with an opportunity to object. The court shall consider the person's privacy interest in the content of the psychiatric evaluation and the receiving facility's or the secure psychiatric unit's need to review the psychiatric evaluation for purposes of treatment.


Source. 1986, 212:1. 2009, 244:2. 2011, 110:1, eff. May 31, 2011.

    135-C:44 Change of Venue. 

In hearings held under this chapter, upon the request of the person sought to be admitted, a change of venue or transfer may be granted at the court's discretion.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:45-a Appointment of Limited Guardian. 

I. In any case in which the petition includes a request for appointment of a guardian, the court shall also determine whether to appoint a guardian over the person for the purpose of providing health care. There shall be a legal presumption of capacity, and the burden of proof shall be on the petitioner to prove beyond a reasonable doubt that the respondent is incapacitated and in need of a guardian.

II. At the hearing, the court shall:

(a) Inquire into the nature and extent of the functional limitations of the respondent; and

(b) Ascertain his or her capacity to care for himself or herself with respect to his or her health care.

III. If it is determined that the respondent possesses the capacity to care for himself or herself regarding health care, then the court shall deny the request for appointment of a guardian.

IV. Alternatively, the court may appoint a guardian of the person with respect to health care as requested in the petition and confer specific powers of guardianship on the proposed guardian after finding in the record based on evidence beyond a reasonable doubt that:

(a) The person for whom a guardian is to be appointed is incapacitated; and

(b) The guardianship is necessary as a means of providing appropriate health care for the incapacitated person; and

(c) There are no available alternative resources which are suitable with respect to the incapacitated person's welfare, safety, and rehabilitation; and

(d) The guardianship is appropriate as the least restrictive form of intervention consistent with the preservation of the civil rights and liberties of the respondent.

V. If a guardian is appointed, letters of guardianship shall be issued, as provided in RSA 464-A:11.

VI. Except as modified by order of the court, a guardian appointed under this chapter shall have the powers and duties set forth in RSA 464-A:25, I(d).

VII. The provisions of RSA 464-A:10 shall govern who may be a guardian.

VIII. Upon appointment, the guardian shall give bond to the court as provided in RSA 464-A:21.

IX. Compensation to the guardian shall be allowed as provided in RSA 464-A:23.

X. The provisions of RSA 464-A:24 shall govern the appointment of agents by guardians.

XI. The guardian shall file biennial reports as provided in RSA 464-A:35, give annual notice to the ward as provided in RSA 464-A:38, file a final accounting report as provided in RSA 464-A:40, and be subject to the provisions and sanctions of RSA 464-A:37 for failure to make or file any report within the time provided by law.

XII. The provisions of RSA 464-A:39 shall govern the removal or resignation of the guardian.

XIII. The guardian may at any time file a petition pursuant to RSA 464-A:4 for a finding of incapacity and expansion of his or her authority over the person or estate of the ward. Such a proceeding shall be governed by the provisions of RSA 464-A.


Source. 1992, 218:6. 2005, 67:2, eff. Jan. 1, 2006.

    135-C:45 Order of Court. 

I. In hearings held under this chapter, after hearing all the evidence, the court may order the respondent to be released, notwithstanding expert testimony, or it may order the person to submit to some form of treatment other than inpatient treatment on an involuntary basis, which may include treatment at a community mental health program approved by the commissioner. If the examining psychiatrist recommends involuntary admission to a receiving facility as the most desirable form of treatment, the court may so order. The court may furnish a copy of the psychiatric evaluation, pursuant to RSA 135-C:43, II, performed by the psychiatrist designated by the court to the designated receiving facility, as defined in RSA 135-C:26, or the secure psychiatric unit. If the court determines that involuntary admission to a receiving facility is necessary, but the examining psychiatrist finds otherwise in his report under RSA 135-C:40, the court may overrule the recommendation of the psychiatrist only after the court finds that treatment other than involuntary admission to a receiving facility would not be in the best interests of the person and the community.

II. In any order of admission to a receiving facility, the court shall include in the duration of said order an appropriate period of time, if any, to allow for conditional discharge. Admission for purposes of conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition. When a notice of decision is issued by the court, a copy of the order shall be provided electronically, or in another manner which shall provide notice at the earliest practicable time, to the appropriate receiving facility.

III. If the respondent is on a conditional discharge at the time of the hearing, the court may order involuntary admission to a receiving facility, or renew such an order, for the purpose of permitting the respondent to remain on conditional discharge if such treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition.


Source. 1986, 212:1. 1992, 218:5. 1995, 310:183. 2011, 110:2, eff. May 31, 2011. 2016, 187:2, eff. June 3, 2016.

    135-C:46 Limitation of Order. 

No order made pursuant to RSA 135-C:45 for involuntary admission or any other type of treatment shall be valid for longer than 5 years. For the order to be renewed, another judicial hearing shall be held pursuant to RSA 135-C:34-54.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:47 Amended Orders. 

I. The court issuing an order for treatment, other than inpatient treatment at a receiving facility, shall retain jurisdiction of the case for the duration of the order. At any time during the period of such order, any person may petition the probate court having jurisdiction for a hearing on whether the order should be amended or the person should be involuntarily admitted to a receiving facility.

II. The court issuing an order for inpatient treatment at a receiving facility may retain jurisdiction of the case for the duration of the order. The court may include in its order a provision requiring the petitioner or the receiving facility to show cause upon a date set by the court as to why the person has not been granted a conditional discharge under RSA 135-C:50.

(a) At such a proceeding, the burden shall be upon the petitioner or the receiving facility to demonstrate by a preponderance of the evidence that either:

(1) The person has been offered a conditional discharge, the conditions of the discharge were reasonable and appropriate, and the person has not consented to those conditions; or

(2) The person requires further inpatient treatment at the receiving facility.

(b) After hearing all the evidence, the court may order the respondent to be released, or to submit to continued inpatient treatment on an involuntary basis. The court may set a new date upon which the petitioner or receiving facility shall show cause as to why the person has not been granted a conditional discharge under RSA 135-C:50. No order made pursuant to this paragraph shall be valid for longer than the period of time remaining on the original order of involuntary admission.

(c) At any show cause hearing held under this paragraph, the respondent shall have the right to legal counsel, to present evidence on his own behalf, to have a closed hearing unless he requests otherwise, and to cross-examine witnesses. A transcript, which may consist only of any audio recording of the proceedings, shall be made of the entire proceeding.


Source. 1986, 212:1. 1992, 218:7, eff. Oct. 1, 1992.

    135-C:48 Transfers;  Rules. 

A receiving facility to which a person is ordered for involuntary admission pursuant to RSA 135-C:34-54 may transfer the person to another receiving facility if the receiving facility to which the person is to be transferred can better provide the degree of security and treatment required by the person. All transfers shall require prior approval of the chief administrator of the state mental health services system. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to transfer criteria and procedures for the challenge of transfer decisions by the persons so transferred.


Source. 1986, 212:1. 1995, 310:87, eff. Nov. 1, 1995.

    135-C:49 Discharge by Administrator. 

I. When a person has been involuntarily admitted to a receiving facility pursuant to RSA 135-C:34-54, or conditionally discharged pursuant to paragraph IV of this section, the clinical staff of the receiving facility where the person has most recently received treatment may recommend to the administrator of the facility an absolute discharge for the person if the clinical staff determines that the person does not require the acute level of treatment available at the receiving facility.

II. The administrator, with the consent of the chief administrator of the state mental health services system or designee, shall have discretion to grant the absolute discharge based on the recommendation of the clinical staff; provided, that the examination upon which the recommendation was made was conducted within 3 days of the absolute discharge order.

III. The administrator shall, in writing, immediately notify the court entering the original order of commitment that the person has been given an absolute discharge prior to the expiration of the order of the commitment. Upon receipt of the notice, the court shall make the notice part of the person's file and shall enter the discharge and the date of discharge upon the docket.

IV. The administrator, or designee, of the facility may grant a person, whose condition is not considered appropriate for absolute discharge under paragraph I of this section, a conditional discharge.


Source. 1986, 212:1. 1995, 310:174. 1997, 316:1, eff. Aug. 20, 1997. 2020, 37:121, eff. July 1, 2020.

    135-C:5 Regulation of State Services;  Site Visits. 

I. The commissioner may adopt rules, pursuant to RSA 541-A, relative to the requirements for services within the state mental health services system, which shall include those services operated or administered by the department or supported by funds granted by or provided under contract with the department. Such rules may include, but are not limited to, criteria for:

(a) Fee schedules to determine a client's share of the total cost of his state supported mental health services.

(b) Rights of persons applying for or receiving services.

(c) Quality standards for services and treatment provided and quality assurance procedures.

(d) Fiscal controls and procedures.

(e) Data collection and reporting on services provided.

(f) The management of clinical records including the length of time such records shall be maintained after the termination of services.

II. The commissioner or designees may conduct site visits and may otherwise audit and monitor all aspects of the administration, fiscal operations, and services of the program providing the service to determine compliance with the rules authorized under RSA 135-C:61. Auditing and monitoring may include review of the individual records of persons with severe mental disabilities, persons who receive emergency services, and/or persons whose services are paid for, in whole or in part, by state funds or federal funds in the state mental health services system, notwithstanding the provisions of RSA 329:26, RSA 330-A:32, or any other law.

III. If evidence of misapplication of state funds or fraud is discovered by a person duly designated by the commissioner under RSA 135-C:5, II, the evidence shall be turned over to the attorney general for appropriate administrative, civil, or criminal action.

IV. Any person duly designated by the commissioner under RSA 135-C:5, II, who willfully discloses confidential information concerning a client in the mental health services system obtained as a result of auditing and monitoring activities authorized under this chapter, except as provided in this section, shall be guilty of a violation.

V. No disclosures of confidential information made by a program in connection with auditing and monitoring activities to a person duly designated by the commissioner under RSA 135-C:5, II, shall be grounds for civil or criminal liability on the part of the program.


Source. 1986, 212:1. 1995, 310:175, 183. 1998, 234:2. 2001, 243:2. 2011, 209:2, eff. July 1, 2011; 224:16, eff. July 1, 2011.

    135-C:50 Conditions of Conditional Discharge. 

I. The administrator, or designee, of a receiving facility may grant a conditional discharge under this chapter to any person who consents, by an informed decision, to participate in continuing treatment on an out-patient basis, who agrees to be subject to any rules adopted by the commissioner relative to conditional discharge, and who understands the conditions of his or her discharge. The administrator of the facility or the administrator's designee shall prepare, deliver a copy of, and read to the person being conditionally discharged a written statement of the conditions of conditional discharge and a warning that violation of those conditions may result in revocation of the conditional discharge pursuant to RSA 135-C:51.

II. A conditional discharge shall not exceed the period of time remaining on the order of involuntary admission and shall become absolute at the end of its term.

III. During the term of conditional discharge, the person conditionally discharged shall be provided with continuing treatment on an out-patient basis by a community mental health program approved by the commissioner or by transitional housing program services.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995. 2018, 343:6, eff. July 1, 2018. 2020, 37:122, eff. July 1, 2020.

    135-C:51 Revocation of Conditional Discharge. 

I. If a psychiatrist, psychiatrist-supervised PA, or APRN, as defined in RSA 135-C:2, II-a, at a community mental health program or transitional housing program services providing continuing treatment on an outpatient basis to a person conditionally discharged pursuant to RSA 135-C:50, reasonably believes that:

(a) The person has violated a condition of the discharge; or

(b) A condition or circumstance exists which may create a potentially serious likelihood of danger to the person or to others, the psychiatrist, psychiatrist-supervised PA, or APRN may conduct or cause to be conducted by a treatment team member or an emergency service staff member, an examination of the person to determine if the conditional discharge should be revoked. Before an examination may be conducted, a written notice identifying the belief, and the reasons therefor, that a violation of the conditional discharge has occurred or other circumstances or condition exists which may create a potentially serious likelihood of danger to the person or to others shall be offered to and explained to the person if it can be done safely without significant possibility of bodily harm. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file.

II. A reasonable effort shall be made to find the person, in order to offer and explain the notice required under paragraph I if it can be done safely without significant possibility of bodily harm. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file. If the person cannot be located or consent to an examination cannot be obtained, the psychiatrist or other representative of the community mental health program may sign a complaint. Upon issuance of such a complaint, any law enforcement officer shall take custody of the person and immediately deliver him or her to the place specified in the complaint.

III. If the psychiatrist, psychiatrist-supervised PA, or APRN, following the examination the psychiatrist, psychiatrist-supervised PA, or APRN conducted or caused to be conducted of the person, finds that the person either has violated a condition of the discharge or is in such a mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or herself or to others, he or she may temporarily revoke the conditional discharge. If the conditional discharge is temporarily revoked, the psychiatrist, psychiatrist-supervised PA, or APRN, or designee, shall prepare, offer to and explain to the person a written notice, if it can be done safely without significant possibility of bodily harm, giving the reasons for the revocation and to inform the person of the designated receiving facility in the mental health services system that he or she will be transported to upon the facility location being identified. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file.

IV. A law enforcement officer shall take custody of the person whose conditional discharge was temporarily revoked under paragraph III and deliver him or her, together with a copy of the notice and the reasons for the temporary revocation, to the receiving facility identified by the psychiatrist, psychiatrist-supervised PA, or APRN, where he or she shall be personally examined by the administrator of the facility or designee and the reasons for temporary revocation of the discharge shall be reviewed. Following such examination and review, if the administrator of the facility or designee finds that the person conditionally discharged has violated a condition of the discharge or is in such a mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or herself or to others, he or she may revoke absolutely the conditional discharge. The administrator of the facility, or designee, shall prepare, offer to and explain to the person, if it can be done safely without significant possibility of bodily harm, a written notice of the reasons for the absolute revocation. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file. The person whose conditional discharge has been absolutely revoked shall be subject to the terms and conditions of the order of involuntary admission made pursuant to RSA 135-C:34-54 from which conditional discharge was granted as if the conditional discharge had not been granted.

IV-a. All explanations provided pursuant to this section shall be sufficiently detailed and complete to inform the person of the reasons for the revocation and that he or she has a right to a hearing.

V. If the psychiatrist, psychiatrist-supervised PA, or APRN who conducted or caused to be conducted an examination under paragraph III, or the administrator of the facility, or a qualified designee, performing an examination and review pursuant to paragraph IV finds that the person conditionally discharged either has not violated a condition of the discharge or is not in such a condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or others, the person shall be returned by the program or facility which has custody of the person to the location where he was initially taken into custody.

VI. A person conditionally discharged pursuant to RSA 135-C:50 may be admitted to a receiving facility by an involuntary emergency admission under RSA 135-C:27-33. In such cases, the finding of probable cause for involuntary emergency admission by the district court pursuant to RSA 135-C:31, I, shall authorize the person's admission for no longer than a 10-day period, as provided in RSA 135-C:32, unless during the period of involuntary emergency admission the person's conditional discharge is absolutely revoked. No absolute revocation of conditional discharge shall be made pursuant to this section unless the administrator of the facility or his or her qualified designee personally examines the individual and finds that the person conditionally discharged has violated a condition of the discharge or, at the time of the examination, is in such a mental condition as a result of mental illness so as to create a potentially serious likelihood of danger to himself or to others. If a person's conditional discharge is absolutely revoked pursuant to this section, the person shall receive notice of the reasons for the absolute revocation and shall have a right to appeal as provided in RSA 135-C:52.


Source. 1986, 212:1. 1993, 35:1. 1995, 310:174. 2001, 243:1. 2008, 61:3. 2009, 54:4. 2012, 97:1, eff. May 29, 2012. 2018, 343:7, 8, eff. July 1, 2018. 2019, 278:8, eff. Sept. 17, 2019. 2020, 37:123, eff. July 1, 2020.

    135-C:52 Appeal. 

A person whose conditional discharge is revoked, pursuant to RSA 135-C:51, may appeal the decision to the chief administrator of the state mental health services system. The person shall be entitled to a hearing on the appeal within 5 days, excluding weekends and holidays, of the administrator's receipt of request for the hearing. The commissioner shall adopt rules, in accordance with RSA 541-A, which shall include provision for legal counsel and procedures for waiver of the hearing.


Source. 1986, 212:1. 1992, 218:8. 1995, 310:88, eff. Nov. 1, 1995.

    135-C:53 Action for Discharge. 

Any person who has been involuntarily admitted to a receiving facility may file at the probate court of the county in which he was originally admitted, or where he resides, a petition setting forth his name, the underlying circumstances and date of the prior order of the court ordering his involuntary admission, a request for discharge from care and custody or admission to a receiving facility, and the reasons for such request. The petition shall be accompanied by the certificate of a psychiatrist stating that the patient is no longer in need of involuntary admission and setting forth the facts upon which such an opinion is based. Upon receipt of the petition and the certificate, the court shall conduct a hearing pursuant to RSA 135-C:34-54.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:54 Habeas Corpus. 

This chapter shall not be construed to deprive any person of the benefits of the writ of habeas corpus. If the court issuing the writ of habeas corpus grants relief, the court shall enter an order discharging the person and shall transmit a certified copy of it to the probate court entering the original order of involuntary admission. Upon receipt of the certified copy, the probate court shall enter an order finding that such person has been discharged by order of the court.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:55 Scope. 

The rights established in RSA 135-C:56-60 shall only apply to those persons who have been found eligible for services under RSA 135-C:13 and to those persons who have been admitted to receiving facilities.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:56 Fundamental Rights. 

I. No person receiving treatment for mental illness shall be deprived of any legal right to which all citizens are entitled, except as provided for by law.

II. No person shall be deemed incompetent to manage his affairs, to contract, to hold professional, occupational, or motor vehicle driver's licenses, to marry or to obtain a divorce, to vote, to make a will or to exercise any other civil right solely by reason of that person's admission to the mental health services system.

III. No person receiving mental health services shall be subjected to abuse or neglect.

IV. No person receiving mental health services shall be discriminated against in any manner because of race, color, sex, gender identity, sexual orientation, religion, national origin, age, disability, or degree of disability.

V. Persons receiving mental health services shall be treated with dignity and respect.


Source. 1986, 212:1. 1990, 140:2, XI, eff. June 18, 1990. 2019, 332:12, eff. Oct. 15, 2019.

    135-C:57 Treatment Rights;  Rules. 

Persons receiving mental health services shall have the right to:

I. An individual service plan developed in accordance with 135-C:19.

II. Be informed of and to give consent before administration of any treatment. All elements of an informed decision as defined in RSA 135-C:2, IX shall be present.

III. Refuse all forms of medication, treatment, or services, except emergency treatment under the terms and conditions prescribed by law or by rules adopted by the commissioner under RSA 541-A.

IV. Treatment in the least restrictive environment necessary to achieve the purposes of the treatment.

V. Freedom from seclusion or physical or pharmacological restraint. Seclusion or restraint shall be administered only with the consent of the person, who has made an informed decision, or as a form of emergency treatment imposed by law or by rules, adopted by the commissioner under RSA 541-A.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    135-C:58 Communication Rights for Persons in Receiving Facilities;  Rules. 

Every person admitted to a receiving facility shall have the right to communicate freely and privately by mail and telephone with persons outside the facility, and to receive visitors, unless it is determined that this communication or visitation has harmed or will harm the person or others. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to communication procedures.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    135-C:59 Notification of Individual Rights. 

All persons receiving mental health services shall be informed of the rights guaranteed by this chapter, and by the rules it authorizes to be adopted under RSA 541-A by the commissioner, promptly upon admission or upon determination of eligibility for services. All receiving facilities, community mental health programs, and community residences shall post a notice and an explanation of these rights.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    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.


Source. 1986, 212:1. 1988, 107:5; 217:1, 2. 1995, 310:81-84, 175, 183, 193-195. 2007, 263:12. 2008, 61:1, eff. May 21, 2008.

    135-C:60 Guardianship. 

Whenever it appears to the commissioner that a client in the mental health services system by reason of mental illness is substantially deprived of his capacity to manage his own affairs and is at risk of substantial harm to person or estate as a result, and the client does not have a legal guardian, the commissioner shall take such steps as are appropriate to safeguard the client as may be consistent with RSA 464-A and RSA 547-B, including the nomination of a guardian when no less restrictive alternative is available.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    135-C:61 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. A definition of "severely mentally disabled" or "severe mental disability".

II. Eligibility criteria and procedures for admission to the state facilities as required by RSA 135-C:4 and 135-C:13.

III. Regulating state services as authorized by RSA 135-C:5.

IV. Necessary criteria and the process of approval for community mental health programs as required by RSA 135-C:10.

V. Client withdrawal procedures in accordance with RSA 135-C:16.

VI. The termination or suspension of services by a program or facility in accordance with RSA 135-C:18.

VII. Development of individual service plans for clients under RSA 135-C:19.

VIII. Criteria and procedures for designating a facility as a receiving facility as required by RSA 135-C:26.

IX. Transfers by one receiving facility to another and the procedures for challenging that transfer in accordance with RSA 135-C:48.

X. Appeals from revocation of a conditional discharge in accordance with RSA 135-C:52.

XI. Treatment and communication rights of persons receiving mental health services as provided in RSA 135-C:57 and 58.

XII. Nursing facility preadmission screening and annual resident review for persons with developmental disabilities or intellectual disabilities.


Source. 1986, 212:1. 1995, 310:183. 2012, 171:6, eff. Aug. 10, 2012.

    135-C:62 Custody and Transportation. 

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:

(a) Upon completion of an involuntary emergency admission certificate in accordance with RSA 135-C:28, I;

(b) Upon issuance by a justice of the peace of an order for a compulsory mental examination pursuant to RSA 135-C:28, II;

(c) Upon a finding of probable cause at an involuntary emergency admission hearing held pursuant to RSA 135-C:31;

(d) Upon issuance of an order for involuntary admission pursuant to RSA 135-C:45;

(e) Upon issuance of an order for an examination pursuant to RSA 135-C:51, II;

(f) Upon a determination by a psychiatrist at a county mental health program to revoke a conditional discharge temporarily pursuant to RSA 135-C:51, III; or

(g) As necessary to ensure the presence of the person at hearings or examinations conducted under this chapter, to effect a transfer between receiving facilities, or to carry out any other lawful order of a court.

II. A law enforcement officer shall also transport any persons taken into custody to the appropriate receiving facility, court, place of examination, or other location.


Source. 1986, 212:1. 2000, 231:3, eff. Jan. 1, 2001.

    135-C:63-a Proceedings of Quality Assurance Program;  Confidentiality. 

I. As used in this section:

(a) "Records" means records of interviews, internal reviews and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality assurance program. Records shall not mean original medical records or other records kept relative to any patient in the course of the business of operating a community mental health program.

(b) "Quality assurance program" means a comprehensive, on-going, organization-wide system of mechanisms for monitoring and evaluating the quality and appropriateness of the care provided, so that important problems and trends in the delivery of care are identified and that steps are taken to correct problems and to take advantage of opportunities to improve care.

II. Except as provided under RSA 135-C:5, II, records of a community mental health program's quality assurance program, including those of its functional components and committees as defined by the organization's quality assurance plans, organized to evaluate matters relating to the care and treatment of patients and to improve the quality of care provided and testimony by members on the board of directors of the community mental health program, medical and clinical staff, employees, or other committee attendees relating to activities of the quality assurance program shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality assurance program, and any person who supplies information or testifies as part of a quality assurance program, or who is a member of a quality assurance program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases:

(a) A judicial or administrative proceeding brought by a community mental health program, its quality assurance program, or its board of directors to revoke or restrict the license or certification of a staff member; or

(b) A proceeding alleging repetitive malicious action and personal injury brought against a staff member.

III. A community mental health program board of directors or trustees may waive its privilege under this section and release information or present records of the quality assurance program by discovery, subpoena, or admission into evidence in any judicial or administrative proceeding.

IV. No directors, trustees, medical or clinical staff, employees, or other attendees of the quality assurance program shall be held liable in any action for damages or other relief arising from the providing of information to a quality assurance program or in any judicial or administrative proceeding.


Source. 1991, 315:1. 2002, 221:5, eff. Jan. 1, 2003.

    135-C:63-b Repealed by 2014, 253:3, I, eff. Nov. 1, 2016. 

    135-C:63-c Repealed by 2017, 162:2, eff. Nov. 1, 2018. 

    135-C:63 Duty to Transport. 

Upon request, the office of the sheriff of the county in which any person is located who is to be taken into custody in accordance with RSA 135-C:62 shall take said person into custody and transport that person to the appropriate destination.


Source. 1986, 212:1, eff. Jan. 1, 1987.

    135-C:64 Child Inpatient Psychiatric Treatment Facility;  Purpose. 

The commissioner shall maintain behavioral health services for children and adolescents in one or more facilities as designated by the commissioner. All services for children and adolescents shall be appropriate for each child's developmental stage and shall address the educational, supervisory, and clinical needs of each child. The purposes of child and adolescent services shall include but not be limited to:

I. Care and treatment of children with mental illnesses who are admitted on a voluntary basis pursuant to RSA 135-C:4, III or involuntarily pursuant to RSA 135-C:27-54.

II. Evaluation, care, and treatment of children under RSA 169-B, 169-C, and 169-D, subject to the provisions of RSA 135-C:65.


Source. 1990, 3:45. 1995, 310:183. 2000, 294:3, eff. Aug. 20, 2000. 2020, 37:124, eff. July 1, 2020. 2022, 272:39, eff. June 24, 2022.

    135-C:65 Admission Limitation. 

Children subject to proceedings in juvenile court may be admitted to a child inpatient psychiatric treatment facility within the state mental health system for evaluation, care, or treatment only upon prior approval of the commissioner or designee.


Source. 1990, 3:45. 1995, 310:183, eff. Nov. 1, 1995. 2022, 272:40, eff. June 24, 2022.

    135-C:66 Access of Records. 

Notwithstanding any other provisions of law, records regarding children receiving child inpatient psychiatric treatment at a facility within the state mental health system, pursuant to RSA 169-B, 169-C, or 169-D shall be exchanged between employees of the department to facilitate coordinated care for those children and their families. The confidentiality of such information shall be maintained according to applicable law.


Source. 1990, 3:45. 1994, 212:2. 1995, 310:89, eff. Nov. 1, 1995. 2022, 272:41, eff. June 24, 2022.

    135-C:67 Admission and Discharge. 

The commissioner shall adopt rules relative to eligibility criteria and procedures for admission to and discharge from facilities within the state mental health system that provide inpatient psychiatric treatment to children.


Source. 1990, 3:45. 1994, 212:2. 1995, 310:90, eff. Nov. 1, 1995. 2022, 272:42, eff. June 24, 2022.

    135-C:7 Community Mental Health Programs. 

Any city, county, town, or nonprofit corporation may establish and administer a community mental health program for the purpose of providing mental health services to individuals and organizations in the area. Every program shall, at a minimum, provide emergency, medical or psychiatric screening and evaluation, case management, and psychotherapy services. The department may contract with a community mental health program, pursuant to RSA 135-C:3, for the operation and administration of any services which are part of the state mental health services system. In the event that the commissioner decides to enter into a contract for the operation and administration of any services which are part of the state mental health services system, the contract shall contain standards designed to measure the performance of the contractor in achieving positive consumer outcomes, maintaining fiscal integrity, and providing quality services.


Source. 1986, 212:1. 1995, 310:175. 2011, 209:3, eff. July 1, 2011; 224:17, eff. July 1, 2011.

    135-C:8 Establishment of Programs by Municipality. 

Any city, county, or town, upon consultation with the commissioner, may establish a community mental health program and staff it with persons specially trained in psychiatry and related fields. Such programs may be administered by a city, county, or town and the municipality may appropriate the funds for the programs.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    135-C:9 Municipal Contributions. 

Any city, county, or town may raise and appropriate funds to assist a nonprofit corporation administering a community mental health program; provided that the program has been approved by the commissioner.


Source. 1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.

    135-E:1 Findings and Intent. 

The general court finds that a small but extremely dangerous number of sexually violent predators exist who have antisocial personality features which are unamenable to existing mental illness treatment modalities, and those features render them likely to engage in criminal, sexually violent behavior. The general court further finds that the likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedures for the treatment and care of mentally ill persons are inadequate to address the risk these sexually violent predators pose to society. The general court further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different from the traditional treatment modalities for people appropriate for commitment under existing law. It is therefore the intent of the general court to create a civil commitment procedure for the long-term care and treatment of sexually violent predators. This procedure primarily targets individuals who are nearing completion of their maximum sentence of imprisonment, having been refused parole, who pose a high risk of repeated acts of predatory behavior if released to the community.


Source. 2006, 327:21. 2010, 287:1, eff. July 13, 2010.

    135-E:10 Rules of Procedure and Evidence. 

In all civil commitment proceedings for sexually violent predators under this chapter:

I. The rules of evidence, the doctor-patient privilege under RSA 329:26, privileged communications pursuant to RSA 330-A:32, or other similar statutes or rules shall not apply in proceedings under this chapter.

II. The court may consider evidence of the person's prior conduct if such evidence is relevant to the issue of whether the person is a sexually violent predator.

III. Reports by a member of the multidisciplinary team or reports provided on behalf of the multidisciplinary team shall be inadmissible in proceedings under this chapter unless the court finds the report's probative value substantially outweighs its prejudicial effect.

IV. Notwithstanding the general inapplicability of the rules of evidence, hearsay evidence is not admissible unless it falls within one of the recognized exceptions to the hearsay rule or unless the court finds that the hearsay evidence contains circumstantial guarantees of trustworthiness and the declarant is unavailable to testify at the civil commitment proceedings. Hearsay evidence shall not be used as the sole basis for committing a person under this chapter.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:11 Determination. 

I. The state shall have the burden of proving by clear and convincing evidence that the person is a sexually violent predator. If the determination is made by a jury, the verdict shall be unanimous. If the jury is unable to reach a unanimous verdict, the court shall declare a mistrial. If the court declares a mistrial, the county attorney or attorney general may refile the petition and proceed according to the provisions of this chapter. Any retrial shall occur within 90 days after the previous trial, unless the subsequent proceeding is continued in accordance with RSA 135-E:9, III.

II. If the court or jury determines that the person is a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences and disposition of any detainers other than detainers for deportation by the United States Bureau of Citizenship and Immigration Services, the person shall be committed to the custody of the department of corrections for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person no longer poses a potentially serious likelihood of danger to others. Persons who are detained or committed under this chapter shall be held at the secure psychiatric unit of the New Hampshire state prison or other appropriate facility controlled or contracted by the department of corrections if available. An order committing a person shall be valid for up to 5 years.

III. The determination that a person is a sexually violent predator may be appealed. The public defender shall be appointed to represent the person on appeal if the person is indigent.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:12 Examinations;  Release of Committed Persons. 

I. Prior to the expiration of the initial commitment order or any recommittal order, the county attorney or attorney general may file a petition to recommit the person.

II. If the state petitions to renew the committal, the court shall hold a hearing. The person is entitled to be present and is entitled to the benefit of all procedural protections afforded the person at the initial trial, except for the right to a jury. The state has the right to have the person examined by professionals chosen by the state. At the hearing, the state bears the burden of proving, by clear and convincing evidence, that the person remains a sexually violent predator. Any recommittal order shall be valid for a period of up to 5 years.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:13 Authorized Petition for Release. 

I. If the commissioner, or designee, at any time determines that the person is not likely to commit acts of sexual violence if discharged, the commissioner or his or her designee shall notify the court and the court shall hold a hearing. The petition shall be served upon the court and the county attorney or attorney general. The court, upon receipt of such notice, shall schedule a hearing within 60 days, unless continued for good cause.

II. The county attorney or attorney general shall represent the state, and has the right to have the person examined by professionals of the county attorney's or attorney general's choice. The state bears the burden of proving, by clear and convincing evidence, that the person remains a sexually violent predator.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:14 Petitions for Release. 

A person may file a petition for discharge at any time after commitment under this chapter without the approval of the commissioner, or his or her designee. Notice of the petition shall be provided to the commissioner and to the county attorney or attorney general. After reviewing the petition filed by the person the court may request the commissioner or county attorney or attorney general to respond to the petition. The commissioner or county attorney or attorney general is not required to respond to a petition filed pursuant to this section unless ordered to do so by the court. If the court determines that appointment of counsel may assist in an appropriate resolution of the petition, and the person is indigent, the court shall appoint counsel to represent the person. If the court determines that the petition is without merit on its face, the court may deny the petition without a hearing.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:15 Release of Records. 

I. In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the county attorney or attorney general for the purpose of meeting the notice requirements of this chapter and determining whether a person is or continues to be a sexually violent predator. Restrictions on confidential or privileged communications pursuant to RSA 329:26, RSA 330-A:32, RSA 329-B, or any other statute establishing similar restrictions on confidential or privileged communications shall not apply to releases made under this chapter. A person, agency, or entity receiving information under this section which is confidential shall maintain the confidentiality of that information. Such information does not lose its confidential status due to its release under this section.

II. Psychological or psychiatric reports, drug and alcohol reports, treatment records, medical records, pre-sentence investigative reports, or victim impact statements that have been submitted to the court or admitted into evidence under this chapter shall be part of the record but shall be sealed and may be opened only pursuant to a court order.

III. A report of the multidisciplinary team shall be available to the public only after the court has determined that probable cause exists pursuant to RSA 135-E:7.


Source. 2006, 327:21. 2007, 337:11, 12. 2010, 287:7. 2012, 233:8, eff. July 1, 2013.

    135-E:16 Constitutional Requirements. 

The long-term control, care, and treatment of a person committed under this chapter shall conform to constitutional requirements.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:17 Immunity From Civil Liability. 

The agency with jurisdiction and its officers and employees; the department and its officers and employees; members of the multidisciplinary team; the department of health and human services and its officers and employees; the county attorney or attorney general and the county attorney's or attorney general's employees; and those involved in the evaluation, care, and treatment of sexually violent persons committed under this chapter are immune from any civil liability for good faith conduct under this chapter.


Source. 2006, 327:21. 2007, 337:6, eff. Jan. 1, 2008.

    135-E:18 Severability. 

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the unconstitutional provisions or applications of this chapter are severable.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:19 Applicability. 

This chapter applies retroactively to all persons in custody as of the effective date of this statute who have been convicted of a sexually violent offense, as well as prospectively.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:2 Definitions. 

In this chapter:

I. "
Agency with jurisdiction
" means the agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the department of corrections, or a person who was involuntarily committed upon a finding that the person was not guilty by reason of insanity or incompetent to stand trial.

II. "
Commissioner
" means the commissioner of the department of corrections.

III. "
Convicted of a sexually violent offense
" means a person who has been:

(a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;

(b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or

(c) Found incompetent to stand trial on a charge of a sexually violent offense and the court makes the finding required pursuant to RSA 135-E:5.

IV. "
Court
" means the superior court in the county where that person was last convicted of a sexually violent offense, or if the person is in custody on an out-of-state or federal sexually violent offense the county where the person plans to reside upon release or, if no residence in this state is planned, in the county where the facility from which the person to be released is located.

V. "
Department
" means the department of corrections.

VI. "
Likely to engage in acts of sexual violence
" means the person's propensity to commit acts of sexual violence is of such a degree that the person has serious difficulty in controlling his or her behavior as to pose a potentially serious likelihood of danger to others.

VII. "
Mental abnormality
" means a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.

VIII. "
Parole board
" means the adult parole board established in RSA 651-A:3.

IX. "
Person
" means an individual 18 years of age or older who is a potential or actual subject of proceedings under this chapter.

X. "
Sexually motivated
" means that one of the purposes for which the defendant committed the crime was for sexual gratification.

XI. "
Sexually violent offense
" means:

(a) Capital murder in violation of RSA 630:1, I(e);

(b) First degree murder in violation of RSA 630:1-a, I(b)(1);

(c) Aggravated felonious sexual assault in violation of RSA 632-A:2;

(d) Felonious sexual assault in violation of RSA 632-A:3, III;

(e) Kidnapping in violation of RSA 633:1, I(d), where the offender confined the victim with the purpose to commit sexual assault against the victim;

(f) Burglary in violation of RSA 635:1, I, where the offender entered a building or occupied structure with the purpose to commit sexual assault;

(g) An attempt, criminal solicitation, or conspiracy, to commit any of the offenses listed above; or

(h) A violation of any other statute prohibiting the same conduct as the offenses listed above in another state, territory, or possession of the United States.

XII. "
Sexually violent predator
" means any person who:

(a) Has been convicted of a sexually violent offense; and

(b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.

XIII. "
Total confinement
" means that the person is being held in any physically secure facility being operated by or contractually operated for the department of corrections. A person shall also be deemed to be in total confinement for applicability of provisions under this chapter if the person is serving an incarcerative sentence under the custody of the department of corrections. A person is not subject to total confinement if the person is subject to an incarcerative sentence or other custody in a secure facility but has contact with the community, such as through work release, a halfway house, or other supervised or unsupervised release into the community.


Source. 2006, 327:21. 2007, 337:1, 2. 2010, 287:2, eff. July 13, 2010.

    135-E:20 Notice Requirements. 

I. No later than 30 days prior to the release of a sexually violent predator, the department shall give written notice of the person's release to the victim advocate for the county in which the person was prosecuted, and to the extent possible the victim or the victim's family shall be notified.

II. The parole board shall be immediately notified of the release of a sexually violent predator who has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the parole board.


Source. 2006, 327:21. 2007, 337:7, eff. Jan. 1, 2008.

    135-E:21 Escape. 

I. A person who escapes or attempts to escape from lawful custody pursuant to this chapter is guilty of a class A felony.

II. If a person escapes while in custody pursuant to this chapter, the department shall immediately notify the victim and the county attorney or attorney general that filed the petition for civil commitment. The parole board shall be immediately notified of an escape if the escapee has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the parole board.


Source. 2006, 327:21. 2007, 337:8, eff. Jan. 1, 2008.

    135-E:22 Rules. 

The department of health and human services, in consultation with the department, shall adopt rules, pursuant to RSA 541-A, relative to:

I. The designation of secure facilities for sexually violent predators who are subject to involuntary commitment under this chapter.

II. The components of the basic treatment plan for all committed persons under this chapter.

III. Procedures to be followed by members of the multidisciplinary teams when assessing and evaluating persons subject to this chapter.

IV. Education and training requirements for members of the multidisciplinary teams and professionals who assess and evaluate persons under this chapter.

V. The protocol for informing a person that he or she is being evaluated to determine whether he or she is a sexually violent predator under this chapter. Such protocol shall include procedures for informing the person of the right to refuse to participate in a personal interview with the multidisciplinary team or members thereof, the right to consult with counsel prior to participating in such an interview, and the right to have counsel appointed if the person is indigent.


Source. 2006, 327:21. 2007, 337:9, eff. Jan. 1, 2008.

    135-E:23 Appointment of Counsel. 

The right of a person sought to be committed as a sexually violent predator to legal counsel prior to and during any judicial hearing conducted under this chapter shall be absolute and unconditional. The right to legal counsel for any person sought to be committed during any judicial proceeding conducted under this chapter shall be waived only if the client or person sought to be committed makes an informed decision to do so. The person sought to be committed shall pay the costs of the legal services in connection with hearings held under this chapter. If the person sought to be committed is unable to pay for counsel, the court shall appoint counsel pursuant to RSA 604-A:2. Such appointment shall be made no later than upon the filing of the petition and shall be made upon request of the person before any interview or personal examination of the person is conducted by the multidisciplinary team or other person in preparation for the filing of a petition.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:24 Time Limits. 

I. A court may extend any time limit set forth in this chapter, upon request, for good cause shown.

II. The time limits set forth in this chapter are not intended to be jurisdictional. Failure to comply with a time limit prior to the expiration of the person's incarcerative sentence shall not constitute a basis for dismissal of a petition.

III. If the proceedings under this chapter have not been completed by the expiration of the person's incarcerative sentence, the court shall make a probable cause determination no later than 2 days after the expiration date, pursuant to RSA 135-E:7. If no such determination is made, the person shall be released. The county attorney or attorney general may file an emergency petition for a probable cause determination. Upon receipt of the emergency petition, the court shall immediately schedule a probable cause hearing. If the court determines that there is probable cause to believe that the person is a sexually violent predator, the person shall be held in an appropriate secure facility for further proceedings under RSA 135-E:9.

IV. Notwithstanding paragraph III, except as provided in RSA 135-E:4, no petition shall be filed later than 60 days prior to the person's release from incarceration, except for good cause shown.


Source. 2009, 306:9, eff. July 31, 2009.

    135-E:3 Notice to County Attorney or Attorney General;  Multidisciplinary Teams Established. 

I. The commissioner of the department of health and human services, or designee, shall establish a multidisciplinary team or teams, each of which shall include, but is not limited to, 2 licensed psychiatrists or psychologists or one licensed psychiatrist and one licensed psychologist each of whom has specialized training or experience in the area of treatment and diagnosis of sex offenders. The attorney general shall serve as legal counsel to the multidisciplinary team. The purpose of the team shall be to evaluate whether persons convicted of a sexually violent offense who are eligible for release from total confinement meet the definition of a sexually violent predator.

II. When a person who has committed a sexually violent offense is to be released from total confinement in New Hampshire, the agency with jurisdiction over the person shall give written notice to the person and the county attorney of the county where that person was last convicted of a sexually violent offense, or attorney general if the case was prosecuted by the attorney general. If the person is in custody on an out-of-state or federal sexually violent offense, the agency with jurisdiction shall give written notice to the person and the county attorney of the county where the person plans to reside upon release or, if no residence in this state is planned, the county attorney in the county where the facility from which the person to be released is located or to the attorney general if the person has been convicted of murder. Except as provided in RSA 135-E:4, the written notice shall be given at least 9 months prior to the potential release except that in the case of persons who are totally confined for a period of less than 9 months, written notice shall be given as soon as practicable.

III. Within 45 days of receipt of such notice, if there is an articulable basis to believe that the person is likely to engage in acts of sexual violence, either the county attorney, attorney general, or the agency with jurisdiction may request that the multidisciplinary team assess and evaluate the person to determine whether the person is a sexually violent predator. If the county attorney, attorney general, or the agency with jurisdiction over the person to be assessed requests an assessment by the multidisciplinary team, the court shall appoint legal counsel to represent the person before any interview or personal examination of the person is conducted by the multidisciplinary team. The person to be assessed shall bear the cost of legal services associated with any proceedings under this section. If the person to be assessed is unable to pay for counsel, the court shall appoint counsel pursuant to RSA 604-A:2.

IV. If a request to assess and evaluate a person is made pursuant to paragraph III, the agency with jurisdiction shall provide the multidisciplinary team with the following information:

(a) The person's name, identifying characteristics, anticipated future residence, the type of supervision the person will receive in the community, if any, and the person's offense history;

(b) The person's criminal history, including police reports, victim statements, pre-sentence investigation reports, post-sentence investigation reports, if available, and any other documents containing facts of the person's criminal incidents;

(c) Mental health, mental status, and medical records, including all clinical records and notes concerning the person;

(d) Documentation of institutional adjustment and any treatment received; and

(e) If the person was returned to custody after a period of supervision, documentation of adjustment during supervision and any treatment received.

V. (a) The multidisciplinary team shall assess and evaluate each person referred to the team. The assessment and evaluation shall include a review of the person's institutional history and treatment record, if any, the person's criminal background, and any other factor that is relevant to the determination of whether such person is a sexually violent predator.

(b) Before concluding the evaluation, the multidisciplinary team shall offer the person being evaluated a personal interview. If the person agrees to participate in a personal interview, at least one member of the team who is a licensed psychiatrist or psychologist shall conduct the interview. If the person refuses to fully participate in a personal interview, the multidisciplinary team may proceed with its recommendation without a personal interview of the person.

(c) Within 4 months after receiving the request for an assessment and evaluation, the department of health and human services shall provide to the county attorney or attorney general, and to the attorney representing the person, a written report of the multidisciplinary team's findings as to whether the person meets the definition of a sexually violent predator.

VI. Records, reports, and proceedings of the multidisciplinary team shall be confidential and shall be exempt from the provisions of RSA 91-A, except as provided in RSA 135-E:15.


Source. 2006, 327:21. 2007, 337:3, 10. 2009, 306:10, 11. 2010, 247:14; 287:3-6. 2011, 244:4, eff. July 13, 2011. 2021, 48:1, eff. May 25, 2021.

    135-E:4 Release From Total Confinement;  Transfers;  Petition to Hold in Custody. 

I. In the event that a person who has been convicted of a sexually violent offense is eligible for immediate release upon completion of the maximum term of incarceration, the agency with jurisdiction shall provide immediate notice to the county attorney or attorney general of the person's release. The county attorney or attorney general or the agency with jurisdiction may file a petition for an emergency hearing in the superior court requesting that the person subject to immediate release be evaluated by the multidisciplinary team to determine whether the person is a sexually violent predator. The hearing shall be held within 24 hours of the filing of the petition, excluding Saturdays, Sundays, and holidays. The person shall not be released from total confinement until after the hearing has been held. At the hearing, the court shall determine whether there is probable cause to believe that the person is a sexually violent predator. If the court finds probable cause, the person shall be held in an appropriate secure facility.

II. Within 72 hours after finding probable cause, excluding Saturdays, Sundays, and holidays, the multidisciplinary team shall assess whether the person meets the definition of a sexually violent predator. If the multidisciplinary team determines that the person does not meet the definition of a sexually violent predator, the department of health and human services shall provide notice to the county attorney or attorney general and that person shall be immediately released. If the multidisciplinary team determines that the person meets the definition of a sexually violent predator, the team shall provide the county attorney or attorney general with its written assessment and recommendation within the 72-hour period or, if the 72-hour period ends on a weekend or holiday, within the next business day thereafter.

III. Within 48 hours after receipt of the written assessment and recommendation from the multidisciplinary team, excluding Saturdays, Sundays, and holidays, the county attorney or attorney general may file a petition with the superior court alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation. If a petition is not filed within the prescribed time period by the county attorney or attorney general, the person shall be immediately released. If a petition is filed pursuant to this section, the person shall be held in an appropriate secure facility for further proceedings in accordance with this chapter.

IV. A person shall be released if the multidisciplinary team or the county attorney or attorney general do not comply with the time limitations in this section. Failure to comply with the time limitations, which results in the release of a person who has been convicted of a sexually violent offense, is not dispositive of the case and does not prevent the county attorney or attorney general from filing a petition against a person otherwise subject to the provisions of this chapter. Notwithstanding RSA 135-E:24, II, the court shall not consider any petition filed more than 6 months after the person's release from incarceration unless the timing of the petition is due to newly discovered material facts, which shall be alleged in the petition.


Source. 2006, 327:21. 2007, 337:4. 2009, 306:8, 12. 2010, 247:15, eff. Sept. 1, 2010 at 12:01 a.m. 2021, 48:2, eff. May 25, 2021.

    135-E:5 Persons Found Incompetent to Stand Trial. 

I. If the county attorney or attorney general seeks to civilly commit a person charged with a sexually violent offense and found incompetent to stand trial, the court shall order the person to remain in custody for a reasonable period of time, not to exceed 90 days, for proceedings pursuant to this section.

II. The court shall first hear evidence and determine whether the person did commit the act or acts charged. The hearing on this issue shall comply with all the procedures specified in this section. After hearing evidence on this issue, the court shall make specific findings on whether the person did commit the act or acts charged beyond a reasonable doubt. In determining whether the state has met its burden, the court shall consider the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including the person's ability to assist his or her counsel by recounting the facts, identifying witnesses, testifying in his or her own defense, or providing other relevant information or assistance to counsel or the court. If the person's incompetence substantially interferes with the person's ability to assist his or her counsel, the court shall not find the person committed the act or acts charged unless the court can conclude beyond a reasonable doubt that the acts occurred, and that the strength of the state's case, including physical evidence, eyewitness testimony, and corroborating evidence, is such that the person's limitations could not have had a substantial impact on the proceedings. If, after the conclusion of the hearing, the court finds, beyond a reasonable doubt, that the person did commit the act or acts charged, the court shall enter a final order, appealable to the supreme court on that issue. If the person appeals, the person shall be held in an appropriate secure facility. If the person does not appeal or if the appeal is unsuccessful, the court shall proceed as specified in this section.

III. Within 90 days after the court finds that the person committed the act or acts charged or after appeal, the multidisciplinary team shall conduct an evaluation pursuant to the procedures outlined in RSA 135-E:3 to determine whether the person meets the definition of a sexually violent predator and the department of health and human services shall provide to the county attorney or attorney general a written report of the multidisciplinary team's findings as to whether the person meets the definition of a sexually violent predator.


Source. 2006, 327:21. 2007, 337:5, eff. Jan. 1, 2008.

    135-E:6 Petition;  Contents. 

If the multidisciplinary team finds the person meets the definition of a sexually violent predator, the county attorney or attorney general may file a petition within 14 days with the superior court alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation. At the time of the filing, and in lieu of the court issuing a summons, the county attorney or attorney general shall forward a copy of the petition to the person who is the subject of the petition, or to that person's attorney if one was appointed to represent the person pursuant to RSA 135-E:23. If the county attorney or attorney general does not file a petition within 14 days, and the person is otherwise subject to release, the person shall be released.


Source. 2006, 327:21. 2009, 306:13. 2014, 204:6, eff. July 11, 2014.

    135-E:7 Determination of Probable Cause. 

I. When the county attorney or attorney general files a petition seeking to have a person declared a sexually violent predator, within 10 days of the filing of the petition, the court shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines based on the content of the petition that there is probable cause to believe that the person is a sexually violent predator, the court shall order that the person remain in custody and be held in an appropriate secure facility for further proceedings in accordance with this chapter. The court shall schedule a preliminary pre-trial conference within 10 business days of its probable cause determination.

II. If the offender's incarcerative sentence expires before a hearing on the merits of a petition for civil commitment pursuant to this chapter, the court shall conduct a probable cause hearing within 2 days of the expiration of the person's incarcerative sentence. If the court concludes following the hearing that there is probable cause to believe that the person is a sexually violent predator, the court shall order that the person remain in custody and held in an appropriate secure facility for further proceedings in accordance with this chapter.

III. A probable cause hearing shall not be required under this section if the court has already made a probable cause determination pursuant to RSA 135-E:4, I.


Source. 2006, 327:21. 2009, 306:14, eff. July 31, 2009.

    135-E:8 Contract Authority. 

The department may contract with a private entity or state agency for use of and operation of facilities to comply with the requirements of this chapter.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-E:9 Trial;  Procedure. 

I. The person or the county attorney or attorney general has the right to demand that the trial be before a jury. A demand for a jury trial must be filed, in writing, no later than 30 days after the finding of probable cause. If no demand is made, the trial shall be to the court. At all adversarial proceedings under this chapter, the person subject to this chapter is entitled to the assistance of appointed counsel if the person is indigent.

II. Within 60 days after the court's initial determination of probable cause, or, in cases where a jury trial has been elected, 60 days after the election of a jury trial, the court shall conduct a trial to determine whether the person is a sexually violent predator.

III. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the interests of justice, when the person will not be substantially prejudiced by the delay.

IV. The person may retain experts or mental health professionals to perform an examination. If the person wishes to be examined by a professional of the person's own choice, the examiner shall be provided reasonable access to the person, as well as to all relevant medical and mental health records and reports. In the case of a person who is indigent, the court, upon the person's request, shall appoint experts or authorize other services pursuant to RSA 604-A:6. If the defendant retains an expert to perform a mental health examination, the person shall also submit to an examination by an expert of the state's choosing. If the person refuses to submit to an examination by the state's expert the court shall prohibit the person's mental health experts from testifying concerning any mental health tests, evaluations, or examinations of the person.


Source. 2006, 327:21, eff. Jan. 1, 2007.

    135-F:1 Purposes. 

The purposes of this chapter are to:

I. Increase service effectiveness and improve outcomes for children with behavioral health challenges and their caretakers.

II. Reduce the cost of providing services by leveraging funding sources other than general funds, reducing the need for costly out-of-home placements, and reducing duplication across agencies.

III. Coordinate care for children involved in multiple systems and children at risk of court involvement and out-of-home placement.


Source. 2016, 203:2, eff. June 6, 2016.

    135-F:2 Statement of Policy. 

It is the policy of New Hampshire to implement a system of care model for providing behavioral health services to children in all of the publicly-funded service systems in the state, including but not limited to, children with exposure to adverse childhood experiences and those with severe emotional disturbances whose needs are not met through childcare, educational, and developmental services alone.


Source. 2016, 203:2, eff. June 6, 2016. 2022, 243:4, eff. July 1, 2022.

    135-F:3 Definition;  System of Care. 

I. In this chapter, "
system of care
" means an integrated and comprehensive delivery structure for the provision of publicly funded behavioral health services to New Hampshire children and youth.

II. The system of care is to provide services to all children and youth receiving publicly-funded behavioral health services, including, but not limited to, children and youth in any of the following systems:

(a) Children in need of services under RSA 169-D.

(b) Juvenile delinquency under RSA 169-B.

(c) Child protection under RSA 169-C.

(d) Children with disabilities under RSA 186-C.

(e) Children and youth eligible for services under RSA 135-C.

(f) Children eligible for early intervention pursuant to Part C of the Individuals with Disabilities Education Act and He-M 510.

(g) Children eligible for the child care scholarship program under He-C 6910 due to disability.

(h) Children, birth to age 6, with exposure to adverse childhood experiences and those with severe emotional disturbances whose needs are not met through childcare, educational, and developmental services alone.

III. The system of care shall have the following characteristics:

(a) A comprehensive behavioral health program with a flexible benefit package that includes clinically necessary and appropriate home and community-based treatment services and comprehensive support services in the least restrictive setting.

(b) An absence of significant gaps in services and barriers to access services.

(c) Community-based care planning and service delivery, including services and supports for children from birth through early childhood. The system of care shall include the creation of a trauma-responsive referral pathway and intervention services for children, birth to age 6, and their caregivers, including direct linkages to evidence-based mental health intervention and prevention programming to educate parents, caregivers, and childcare providers.

(d) Service planning and implementation based on the needs and preferences of the child or youth and his or her family which places an emphasis on early identification, prevention, and treatment and uses an individualized wraparound approach for children with complex needs.

(e) Services that are family-driven, youth-guided, community-based, trauma-informed, and culturally and linguistically competent.

(f) An efficient balance of local participation and state wide administration.

(g) Integration of funding streams.

(h) A performance measurement system for monitoring quality and access.

(i) Accountability for quality, access, and cost.

(j) Comprehensive children and youth behavioral health training for agency and system staff and interested parents and guardians.

(k) Effective identification of youth in need of transition services to adult systems.

(l) Statewide use of the multi-tiered system of supports for behavioral health and wellness, or MTSS-B, in New Hampshire schools to address New Hampshire students' social, emotional, and behavioral health needs in order to improve students' educational outcomes and keep students in their home schools and communities. For the purposes of this chapter, a "
multi-tiered system of supports for behavioral health and wellness
" or "
MTSS-B
" shall include:

(1) A school wide system of evidence-based behavioral practices for all students;

(2) A targeted system of practices for youth who need additional support; and

(3) A tertiary system of intensive and individualized interventions for students with the greatest behavioral needs.


Source. 2016, 203:2, eff. June 6, 2016. 2019, 44:2, eff. Aug. 2, 2019; 346:330, eff. July 1, 2019. 2020, 38:28, eff. Sept. 27, 2020. 2022, 243:5, 6, eff. July 1, 2022.

    135-F:4 Duties of Commissioner of the Department of Health and Human Services. 

The commissioner of the department of health and human services shall:

I. To the extent possible within existing statutory and budgetary constraints, modify the policies and practices of the department of health and human services to establish a system of care; and

II. Develop a plan for full establishment and maintenance of a system of care. Such plan shall be reviewed and amended annually. It shall include sufficient detail to allow compliance with the reporting requirements of RSA 126-A:5, XXXIII, and shall address at least the following elements:

(a) System capacity, including workforce sufficiency.

(b) Federal funding participation, including but not limited to Medicaid waivers and plan amendments.

(c) Changes to statutes, administrative rules, and structure of appropriations, and department policy, practice, and structure.

(d) Projections of cost savings from increased service effectiveness and reductions in costly forms of care and use of such savings to close existing gaps in children's behavioral health services.

(e) Recommended modifications to law, practice, and policy to prepare for and accommodate the participation of privately funded service providers in the system of care.

(f) Coordination with the plans and activities of the commissioner of the department of education to implement the system of care.

III. Establish and maintain at least one care management entity to oversee and coordinate the care for children with complex behavioral health needs who are at risk for residential, hospital, or corrections placement or involved in multiple service systems. In this section, "
care management entity
" means an organizational entity that serves as a centralized entity to coordinate all care for youth with complex behavioral health challenges who are involved in multiple systems and their families.

(a) The care management entity shall oversee and manage residential treatment, psychiatric hospitalization, and the development of a continuum of community-based services and supports for children and youth with more complex needs.

(b) Beginning January 1, 2020, the care management entity shall coordinate behavioral health services in no less than 25 percent of cases involving referrals for residential treatment. Beginning January 1, 2021, the care management entity shall coordinate services in no less than 50 percent of such cases, and, beginning January 1, 2022 and thereafter, the care management entity shall coordinate services in no less than 75 percent of such cases.


Source. 2016, 203:2, eff. June 6, 2016. 2019, 44:3, eff. Aug. 2, 2019; 346:331, eff. July 1, 2019. 2021, 91:397, eff. July 1, 2021.

    135-F:5 Duties of Commissioner of the Department of Education. 

The commissioner of the department of education shall:

I. To the extent possible within existing statutory and budgetary constraints, support the system of care established under this chapter through:

(a) The development of a multi-tiered system of supports for New Hampshire schools and support for school districts implementing MTSS-B through technical assistance and professional development, including the use of external consultation training and coaching services.

(b) Alignment of federal funding to support local school districts implementing a multi-tiered system of support.

(c) Technical assistance to local school districts regarding the use of federal funds to implement and maintain MTSS-B.

(d) Technical assistance to local school districts on the use of research- and data-driven decision-making, organized and shared leadership, support for personnel through embedded professional development, and purposefully planned implementation cycles with continuous evaluation for improvement of outcomes.

II. Develop a plan for full support and participation of the department of education in the establishment and maintenance of a system of care. Such plan shall be reviewed and amended annually. It shall include sufficient detail to allow compliance with the reporting requirements of RSA 126-A:5, XXXIII, and shall address at least the following elements:

(a) Development of a multi-tiered system of supports in all New Hampshire schools.

(b) System capacity, including workforce sufficiency.

(c) Applicable federal funding participation, shall include but not be limited to state set-aside funds received from the federal government under the Individuals with Disabilities Education Act (IDEA) and Titles I, II, IV-A, and IV-B under the Elementary and Secondary Education Act (ESEA).

(d) Changes to statutes, administrative rules, and structure of appropriations, and department policy, practice, and structure.

(e) Projections of cost savings from increased service effectiveness and reductions in costly forms of care and use of such savings to close existing gaps in children's behavioral health services.

(f) Coordination with the commissioner of the department of health and human services to implement the system of care.


Source. 2016, 203:2, eff. June 6, 2016. 2020, 38:29, eff. Sept. 27, 2020. 2021, 91:398, eff. July 1, 2021.

    135-F:6 Repealed by 2021, 91:396, eff. July 1, 2021. 

    135-F:7 Joint Responsibilities of the Commissioner of the Department of Education and the Commissioner of the Department of Health and Human Services. 

I. The commissioner of the department of education and the commissioner of the department of health and human services shall enter into an interagency agreement which supports full implementation of a system of care. The agreement shall be completed no later than December 1, 2017, and shall be amended as necessary and renewed no less frequently than every 2 years. The agreement shall provide for:

(a) Coordination of a delivery system of behavioral health services across the life span of children, youth, and adults with behavioral health needs.

(b) Maximum federal reimbursement and revenue.

(c) Coordination of care and funding among agencies.

(d) Assistance to local education and behavioral health providers, including but not limited to:

(1) Development of model agreements to be utilized by school districts, other education providers, area agencies, community mental health centers, and other entities participating in the system of care.

(2) Provision of technical assistance to support development of coordinated services by area agencies, community mental health centers, and other entities participating in the system of care.

(3) Provision of technical assistance to school districts and other education providers to support implementation of MTSS-B.

II. The commissioners may apply for any federal waivers, plan amendments, or other changes or expansion of federal funding mechanisms necessary to implement the provisions of the agreement.


Source. 2016, 203:2, eff. June 6, 2016. 2020, 38:30, eff. Sept. 27, 2020.

    135-F:8 Family Support Clearinghouse. 

I. The department of health and human services shall establish and maintain an information clearinghouse for families seeking information regarding children's behavioral health services. The clearinghouse functions required by this section may be assigned to an entity that has responsibilities in addition to those required by this section.

II. The information provided shall be available on the department of health and human services website and shall include:

(a) Access to mobile crisis and stabilization services.

(b) Insurance coverage and other reimbursement sources.

(c) The results of assessments of the quality of service providers and whether they utilize evidence-based practices.

(d) Referral information for legal service organizations.

(e) Referral information, including links to websites and contact telephone numbers, for behavioral health service providers, organized by region.

(f) Advice and guidance regarding family navigation of the behavioral health system.


Source. 2019, 44:4, eff. Aug. 2, 2019; 346:332, eff. July 1, 2019.

    135-F:9 System of Care Advisory Committee. 

The department of education and the department of health and human services shall create a system of care advisory committee to improve the well-being of children and families; promote coordination across state agencies; identify cost-savings, opportunities to increase efficiency, and improvements to the service array and service delivery system and effectiveness; and assist and advise the commissioners of the department of education and the department of health and human services on the system of care principles and values and implementation of RSA 135-F. The committee shall include youth and families with relevant experience and members of the child-serving public and private agencies, including experts in education, community-based and facility-based behavioral health services, and effective administration of private and public educational and health services. The committee shall meet at least 6 times per year and at such other times as the chairperson deems necessary.


Source. 2019, 44:4, eff. Aug. 2, 2019; 346:332, eff. July 1, 2019.

    135:1 to 135:14 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    135:14-a Patient Employment. 

The New Hampshire hospital is authorized to employ patients of said hospital to perform such services as may be determined as not necessarily being beneficial for the care and treatment of any such patients. Such patients shall not be state employees, and they shall be paid no less than the prevailing federal minimum wage. Payment of wages to such patient workers shall be made through a payment program which does not conflict with state or federal requirements.


Source. 1974, 40:42, II. 1975, 377:1. 1979, 69:1, eff. June 17, 1979.

    135:15 Repealed by 1973, 556:6, I, eff. July 1, 1973. 

    135:16 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    135:17-a Competency Hearing;  Commitment for Treatment. 

I. If, after hearing, the district court or superior court determines that the defendant is not competent to stand trial, the court shall order treatment for the restoration of competency unless it determines, by clear and convincing evidence, that there is no reasonable likelihood that the defendant can be restored to competency through appropriate treatment within 12 months. If the court finds, by clear and convincing evidence, that the defendant cannot be restored to competency within 12 months, the case against the defendant shall be dismissed without prejudice and the court shall proceed as provided in paragraph V.

II. If the defendant is to undergo treatment to restore competency, he or she may be treated in the state mental health system or at the secure psychiatric unit only under an order for involuntary admission or involuntary emergency admission ordered by the district court or probate court having jurisdiction pursuant to RSA 135-C. In all other cases, the accused shall, if otherwise qualified, be admitted to bail. The court may order bail supervision by the division of field services and impose such conditions, in addition to the appropriate course of treatment to restore competency, as the court deems necessary to ensure the appearance of the defendant for further proceedings in the case, and the safety of the defendant and the community.

III. Except for good cause shown, a further hearing to determine the defendant's competency shall be held no later than 12 months after the order committing the defendant for treatment. The hearing may be held earlier if the court is notified that the defendant has been restored to competency, or that there is no longer a reasonable likelihood of such restoration. The state or the secure psychiatric unit shall notify the state's attorney, defense counsel, and the office of the forensic examiner if the defendant's symptoms have been stabilized to allow the defendant's competency to be reevaluated. Prior to the scheduled hearing, the qualified psychiatrist or psychologist who conducted the initial competency evaluation shall conduct a further evaluation pursuant to RSA 135:17, and furnish a copy of the report of such evaluation to the court and the parties. If that qualified psychiatrist or psychologist is unavailable or unable to conduct such further evaluation, the court may order that the evaluation be conducted by another qualified psychiatrist or psychologist other than the treating qualified psychiatrist or psychologist.

IV. If following the hearing, the court determines that the defendant has regained competency, within 60 days the court shall docket the matter and set a date for trial. If the court finds that the defendant has not regained competency, the case against the defendant shall be dismissed without prejudice.

V. If the court has determined that the defendant has not regained competency, and the court determines that he or she is dangerous to himself or herself or others, the court shall order the person to remain in custody for a reasonable period of time, not to exceed 90 days, to be evaluated for the appropriateness of involuntary treatment pursuant to RSA 135-C:34 or RSA 171-B:2. The court may order the person to submit to examinations by a physician, psychiatrist, or psychologist designated by the state for the purpose of evaluating appropriateness and completing the certificate for involuntary admission into the state mental health services system, the state developmental services delivery system, or the secure psychiatric unit, as the case may be. If a defendant who was charged with a sexually violent offense, as defined in RSA 135-E:2, XI, has not regained competency, the court shall proceed pursuant to RSA 135-E.

VI. If the person is ordered to be involuntarily admitted following proceedings pursuant to RSA 135-C or RSA 171-B, the court may, upon motion of the attorney general or county attorney at any time during the period of the involuntary admission and before expiration of the limitations period applicable to the underlying criminal offense, order a further competency evaluation, to be conducted as prescribed in paragraph III. Such further competency evaluations may be ordered if the court finds that there is a reasonable basis to believe that the person's condition has changed such that competency to stand trial may have been affected. During proceedings authorized by this paragraph, the person is entitled to the assistance of counsel, including appointed counsel under RSA 135-C:22.

VII. Upon a finding that the defendant is not competent to stand trial, the court, at the competency hearing, shall determine if the competency report shall be available to the receiving facility, as defined in RSA 135-C:26, or the secure psychiatric unit. Before the court determines whether to provide the competency report to the receiving facility or the secure psychiatric unit, the court shall provide the defendant with an opportunity to object. The court shall consider the defendant's privacy interest in the content of the competency report and the receiving facility's, or the secure psychiatric unit's, need to review the competency report for purposes of treatment.


Source. 1990, 266:1. 1994, 55:1; 408:2. 1999, 195:1-3. 2000, 229:2. 2001, 243:3. 2005, 201:1, 2. 2006, 327:22. 2009, 263:2. 2010, 46:1, eff. May 18, 2010. 2019, 120:2, 3, eff. Aug. 20, 2019.

    135:17-b Notification Authorized. 

I. Notwithstanding any provision of law to the contrary, the first instance a person has been charged with a violent crime and found incompetent to stand trial pursuant to RSA 135:17-a, and civilly committed pursuant to RSA 135-C or RSA 171-B, found incompetent to stand trial pursuant to RSA 135:17 and committed pursuant to RSA 651:9-a, is transferred to another facility or discharged to the community, either conditionally or absolutely, the department of health and human services shall immediately notify the attorney general, who shall notify the victim as defined in RSA 21-M:8-k, I(a) and, in the event of a discharge, the law enforcement agency in the community to which the person is being discharged. For purposes of this section, discharge means the initial authorization by the administrative review committee of New Hampshire hospital to allow a person to leave the grounds of the hospital unaccompanied by a hospital staff member.

II. For purposes of this section, the term "
violent crime
" includes those crimes listed in RSA 651:5, XIII and the following:

(a) RSA 173-B:9, violation of protective order.

(b) RSA 631:2, second degree assault.

(c) RSA 631:3, felony reckless conduct.

(d) RSA 631:4, criminal threatening involving the use of a deadly weapon.

(e) RSA 633:3-a, stalking.

(f) RSA 635:1, burglary.

(g) RSA 641:5, tampering with witnesses and informants.

(h) RSA 650-A:1, felonious use of firearms.


Source. 2010, 293:4. 2011, 251:1. 2012, 151:1, eff. Aug. 6, 2012. 2020, 37:120, eff. July 1, 2020.

    135:17-c Information Related to Competency Determinations. 

All evaluation reports, recommendations, medical records, or other documents related to the court's determinations under RSA 135:17-a, I, II, and III shall be kept separately from the public court file and shall not be disclosed except as follows:

I. The court may order release with the written consent of the parties.

II. The competency report may be provided to the receiving facility or the secure psychiatric unit pursuant to RSA 135:17-a, VII.

III. In any case in which the court finds that the defendant is not competent to stand trial pursuant to RSA 135:17-a, I, or has not been restored to competency pursuant to RSA 135:17-a, IV, the court shall make written findings which describe the evidence which was relied upon to make its determination. Such written findings shall be part of the public court file. The prosecutor shall provide a copy of the written findings to the victim, as defined in RSA 21-M:8-k.


Source. 2012, 151:2, eff. Aug. 6, 2012.

    135:17 Competency;  Commitment for Evaluation. 

I. (a) When a person is charged or indicted for any offense, or is awaiting the action of the grand jury on any felony, the circuit or superior court before which he or she is to be tried, if a plea of insanity is made in court, or said court is notified by either party that there is a question as to the competency or sanity of the person, may make such order for a pre-trial examination of such person by a qualified psychiatrist or psychologist on the staff of any public institution or by a private qualified psychiatrist or psychologist as the circumstances of the case may require, which order may include, though without limitation, examination at the secure psychiatric unit on an out-patient basis, the utilization of local mental health clinics on an in- or out-patient basis, or the examination of such person, should he or she be incarcerated for any reason, at his or her place of detention by qualified psychiatrists or psychologists assigned to a state or local mental health facility. Such pre-trial examination shall be completed within 45 days in the case of a person being held at a county correctional facility, otherwise 90 days after the date of the order for such examination, unless either party requests an extension of this period. For the purposes of this paragraph and RSA 135:17-a, III, "
qualified
" means board-eligible or board-certified in forensic psychiatry or psychology, or demonstrated competence and experience in completing court-ordered forensic criminal evaluations. A licensed out-of-state psychiatrist or psychologist who meets the definition of qualified may also conduct evaluations under this paragraph and RSA 135:17-a, III.

(b) In cases where the person is being held at a county correctional facility or the New Hampshire state prison, the facility may request a pre-trial examination of such person for the purpose of determining if the person is competent to stand trial. Such request shall be reviewed, and a decision rendered by the district or superior court before which he or she is to be tried.

(c) In cases where the person is incarcerated and a pre-trial examination has not been performed within 45 days of the court's order, the court shall, upon request of the person, order an evaluation by a qualified psychiatrist or psychologist. The court shall favorably consider a request that the psychiatrist or psychologist be treated as a defense expert who shall be compensated pursuant to RSA 604-A:6.

(d) In cases where the person is incarcerated and an examination has not been performed, the court before which he or she is to be tried shall review the person's bail status on a monthly basis.

II. The circuit or superior court may allow the parties to obtain separate competency evaluations if such request is made and the circumstances require it. The competency evaluations shall address:

(a) Whether the defendant suffers from a mental disease or defect; and

(b) Whether the defendant has a rational and factual understanding of the proceedings against him or her, and sufficient present ability to consult with and assist his or her lawyer on the case with a reasonable degree of rational understanding.

III. If the qualified psychiatrist or psychologist concludes that the defendant is not competent to stand trial under the definition set forth in II(b), the evaluation shall include the qualified psychiatrist's or psychologist's findings as to whether there is a course of treatment which is reasonably likely to restore the defendant to competency.


Source. 1901, 21:1. 1911, 13:1. PL 11:13. RL 17:13. RSA 135:17. 1967, 132:4. 1969, 184:1. 1973, 532:28. 1975, 83:1. 1985, 337:12. 2000, 229:1. 2009, 263:1. 2010, 250:1, eff. Sept. 4, 2010. 2015, 249:3, 4, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2019, 120:1, eff. Aug. 20, 2019.

    135:18 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    135:19 Repealed by 1973, 556:6, II, eff. July 1, 1973. 

    135:20 Repealed by 1973, 556:6, III, eff. July 1, 1973. 

    135:21-a Repealed by 1973, 556:6, V, eff. July 1, 1973. 

    135:21-b Emergency Treatment. 

A physician licensed in the state, a psychiatrist-supervised physician assistant licensed in this state, a psychiatric mental health advanced practice registered nurse, or a person acting under such physician's, psychiatrist-supervised physician assistant'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 assistant, 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 assistant, 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.


Source. 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.

    135:21 Repealed by 1973, 556:6, IV, eff. July 1, 1973. 

    135:22-a Repealed by 1973, 556:6, VII, eff. July 1, 1973. 

    135:22 Repealed by 1973, 556:6, VI, eff. July 1, 1973. 

    135:23 Repealed by 1973, 556:6, VIII, eff. July 1, 1973. 

    135:24 Repealed by 1961, 29:1, eff. May 16, 1961. 

    135:25 Repealed by 1973, 556:6, IX, eff. July 1, 1973. 

    135:26-a Repealed by 1973, 556:6, XI, eff. July 1, 1973. 

    135:26-b Repealed by 1973, 556:6, XII, eff. July 1, 1973. 

    135:26 Repealed by 1973, 556:6, X, eff. July 1, 1973. 

    135:27 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    135:28 to 135:30-a Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    135:31 Repealed by 1973, 556:6, XIII, eff. July 1, 1973. 

    135:32 Repealed by 1973, 556:6, XIV, eff. July 1, 1973. 

    135:33 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    135:34 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    135:35 Repealed by 1981, 492:32, IV, eff. June 29, 1981. 

    135:36 to 135:38. Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    135:39, 135:40 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    135:41 Repealed by 2004, 257:52, I, eff. Jan. 1, 2005. 

    135:42 Repealed by 2004, 257:52, II, eff. Jan. 1, 2005. 

    135:43 Repealed by 2004, 257:52, III, eff. Jan. 1, 2005. 

    135:44 to 135:48. Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. 

    137-J:1 Purpose and Policy. 

I. The state of New Hampshire recognizes that individual persons have the right, founded in the autonomy and sanctity of a person, to control the decisions relating to the rendering of their own medical care. In order that the rights of persons may be respected even after such persons lack the capacity to make health care decisions for themselves, and to encourage communication between patients and their attending practitioners, the general court declares that the laws of this state shall recognize the right of a competent person to make a written directive:

(a) Delegating to an agent in the durable power of attorney for health care the authority to make health care decisions on the person's behalf, in the event such person is unable to make those decisions independently, either due to permanent or temporary lack of capacity to make health care decisions;

(b) Stating the person's wishes in the living will about end of life care and providing guidance to the person's agent, surrogate, and/or attending practitioner.

II. All persons have a right to make health care decisions and to refuse health care treatments, including the right to refuse cardiopulmonary resuscitation. It is the purpose of the "Do Not Resuscitate" provisions of this chapter to ensure that the right of a person to self-determination relating to cardiopulmonary resuscitation is protected, and to give direction to emergency services personnel and other health care providers in regard to the performance of cardiopulmonary resuscitation. Recognizing this right, the refusal of health care treatments is not sufficient to demonstrate that a person lacks capacity to make health care decisions.

III. While all persons have a right to make a written directive, not all take advantage of that right, and it is the purpose of the surrogacy provisions of this chapter to ensure that health care decisions can be made in a timely manner by a person's next of kin or loved one without involving court action. This chapter specifies a process to establish a surrogate decision-maker when there is no agent appointed under a durable power of attorney for health care or a guardian, as defined in RSA 464-A, to make health care decisions.

IV. This chapter seeks to simplify and clarify the process by which a person may execute a health care advance directive by combining in one form the durable power of attorney for health care document and the living will, either of which (or both) may be executed by the person. The law recognizes that it is preferable for a person to choose an agent under a durable power of attorney for health care document who can make decisions in real time and under then existing circumstances regarding health care decisions that best reflect the person's values, as articulated orally or in writing by the person. The law also recognizes that a person may wish to execute a living will that sets forth their wishes about end of life care that would be used by an agent or surrogate as guidance in implementing the person's wishes. The law further recognizes that a person may wish to grant greater power and authority to their named agent than to a surrogate and honors any limitations placed on a surrogate in a person's advance directive.


Source. 2006, 302:2. 2009, 54:4. 2014, 239:1, eff. Jan. 1, 2015. 2020, 39:26, eff. Jan. 1, 2021. 2021, 176:1, eff. July 30, 2021.

    137-J:10 Criminal Act Not Construed or Authorized. 

I. The withholding or withdrawal of life-sustaining treatment pursuant to the provisions of this chapter shall at no time be construed as a suicide or murder for any legal purpose. Nothing in this chapter shall be construed to legalize, constitute, condone, authorize, or approve suicide, assisted suicide, mercy killing, or euthanasia, or permit any affirmative or deliberate act or omission to end one's own life or to end the life of another other than to permit the natural process of dying. The withholding or withdrawal of life-sustaining treatment in accordance with the provisions of this chapter, however, shall not relieve any individual of responsibility for any criminal acts that may have caused the principal's condition.

II. Nothing in this chapter shall be construed to condone, authorize, or approve:

(a) The consent to withhold or withdraw life-sustaining treatment from a pregnant principal, unless, to a reasonable degree of medical certainty, as certified in the principal's medical record by the attending practitioner and an obstetrician who has examined the principal, such treatment or procedures will not maintain the principal in such a way as to permit the continuing development and live birth of the fetus or will be physically harmful to the principal or prolong severe pain which cannot be alleviated by medication.

(b) The withholding or withdrawing of medically administered nutrition and hydration or life-sustaining treatment from a mentally incompetent or developmentally disabled person, unless such person has a validly executed advance directive or such action is authorized by an existing guardianship or other court order, or, in the absence of such directive, authorization, or order, such action is taken in accordance with the written protocol of a health care facility licensed under RSA 151 as applicable to its general patient population.

(c) The use of this chapter to authorize any health care decision rejected by the patient based primarily, substantially, or solely on a finding that the patient is not capable of making a health care decision because the patient has refused that procedure or therapy.

III. Nothing in this chapter shall impair or supersede any other legal right or responsibility which any person may have to effect life-sustaining treatment in any lawful manner; provided, that this paragraph shall not be construed to authorize any violation of RSA 137-J:7.

IV. Nothing in this chapter shall be construed to revoke or adversely affect the privileges or immunities of health care providers or residential care providers and others to provide treatment to persons in need thereof in an emergency, as provided for under New Hampshire law.

V. Nothing in this chapter shall be construed to create a presumption that in the absence of an advance directive, a person wants life-sustaining treatment to be either provided or withdrawn. This chapter shall also not be construed to supplant any existing rights and responsibilities under the law of this state governing the conduct of attending practitioners in consultation with patients, their surrogates, or legal guardians in the absence of an advance directive.


Source. 2006, 302:2. 2009, 54:4. 2012, 251:1. 2014, 239:9, eff. Jan. 1, 2015. 2020, 39:32-34, eff. Jan. 1, 2021. 2021, 176:2, eff. July 30, 2021.

    137-J:11 Liability for Health Care Costs. 

Liability for the cost of health care provided pursuant to the agent's or surrogate's decision shall be the same as if the health care were provided pursuant to the principal's decision.


Source. 2006, 302:2, eff. Jan. 1, 2007. 2021, 176:2, eff. July 30, 2021.

    137-J:12 Immunity. 

I. No person acting as agent pursuant to an advance directive or acting as a surrogate shall be subjected to criminal or civil liability for making a health care decision on behalf of the principal in good faith pursuant to the provisions of this chapter and the terms of the advance directive, if any if such person made such decision in a manner consistent with the requirements of this chapter and New Hampshire law.

II. No health care provider or residential care provider, or any other person acting for the provider or under the provider's control, shall be subjected to civil or criminal liability or be deemed to have engaged in unprofessional conduct for:

(a) Any act or intentional failure to act, if the act or intentional failure to act is done pursuant to the dictates of an advance directive, the directives of the principal's agent or surrogate, and/or the provisions of this chapter, and said act or intentional failure to act is done in good faith and in keeping with reasonable medical standards pursuant to the advance directive or a surrogacy and in accordance with this chapter; or

(b) Failure to follow the directive of an agent or surrogate if the health care provider or residential care provider or other such person believes in good faith and in keeping with reasonable medical standards that such directive exceeds the scope of or conflicts with the authority of the agent or surrogate under this chapter or the contents of the principal's advance directive; provided, that this subparagraph shall not be construed to authorize any violation of RSA 137-J:7.

III. Nothing in this section shall be construed to establish immunity for the failure to exercise due care in the provision of services or for actions contrary to the requirements of this chapter or other laws of the state of New Hampshire.

IV. For purposes of this section, "
good faith
" means honesty in fact in the conduct of the transaction concerned.


Source. 2006, 302:2. 2014, 239:10, eff. Jan. 1, 2015. 2021, 176:3, eff. July 30, 2021.

    137-J:13 Use of Statutory Forms. 

I. Every person wishing to execute an advance directive shall be provided with a disclosure statement substantially in the form set forth in RSA 137-J:19 prior to execution.

II. An advance directive executed on or after the effective date of this chapter shall be substantially in the form set forth in RSA 137-J:20.

III. [Repealed.]


Source. 2006, 302:2. 2013, 224:3, eff. Jan. 1, 2014. 2021, 176:4, eff. July 30, 2021.

    137-J:14 Execution and Witnesses. 

I. The advance directive shall be signed by the principal in the presence of either of the following:

(a) Two or more subscribing witnesses, neither of whom shall, at the time of execution, be the agent or surrogate, the principal's spouse or heir at law, or a person entitled to any part of the estate of the principal upon death of the principal under a will, trust, or other testamentary instrument or deed in existence or by operation of law, or attending practitioner, or person acting under the direction or control of the attending practitioner. No more than one such witness may be the principal's health or residential care provider or such provider's employee. The witnesses shall affirm that the principal appeared to be of sound mind and free from duress at the time the advance directive was signed and that the principal affirmed awareness of the nature of the document and signed it freely and voluntarily; or

(b) A notary public or justice of the peace, who shall acknowledge the principal's signature pursuant to the provisions of RSA 456-B.

II. If the principal is physically unable to sign, the advance directive may be signed by another person who signs the principal's name in the principal's physical presence and at the principal's express direction.


Source. 2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2020, 39:35, eff. Jan. 1, 2021. 2021, 176:5, eff. July 30, 2021.

    137-J:15 Revocation. 

I. An advance directive consistent with the provisions of this chapter shall be revoked:

(a) By written revocation delivered to the agent or surrogate or to a health care provider or residential care provider expressing the principal's intent to revoke, signed and dated by the principal; by oral revocation in the presence of 2 or more witnesses, none of whom shall be a person disqualified from acting as a witness under RSA 137-J:14, I(a); or by any other act evidencing a specific intent to revoke the power, such as by burning, tearing, or obliterating the same or causing the same to be done by some other person at the principal's direction and in the principal's physical presence;

(b) By execution by the principal of a subsequent advance directive; or

(c) By the filing of an action for divorce, legal separation, annulment or protective order, where both the agent and/or the surrogate, and the principal are parties to such action, except when there is an alternate agent designated, in which case the designation of the primary agent shall be revoked and the alternate designation shall become effective. Re-execution or written re-affirmation of the advance directive following a filing of an action for divorce, legal separation, annulment, or protective order shall make effective the original designation of the primary agent under the advance directive.

(d) [Repealed.]

II. A principal's health or residential care provider who is informed of or provided with a revocation of an advance directive or surrogacy shall immediately record the revocation, and the time and date when the revocation was received, in the principal's medical record and notify the agent, the attending practitioner, and staff responsible for the principal's care of the revocation. An agent who becomes aware of such revocation shall inform the principal's health or residential care provider of such revocation. Revocation shall become effective upon communication to the attending practitioner.


Source. 2006, 302:2. 2009, 54:4. 2014, 239:11, eff. Jan. 1, 2015. 2017, 178:2, eff. Jan. 1, 2018. 2020, 39:36, eff. Jan. 1, 2021. 2021, 176:5, eff. July 30, 2021.

    137-J:16 Documents Executed Prior to Enactment. 

Nothing in this chapter limits the enforceability of an advance directive or similar instrument validly executed under prior New Hampshire law.


Source. 2006, 302:2, eff. Jan. 1, 2007.

    137-J:17 Reciprocity. 

A DNR, POLST, durable power of attorney for health care, living will, or similar document executed in another state, and valid according to the laws of the state where it was executed, shall be as effective in this state as it would have been if executed according to the laws of this state, provided that this paragraph shall not be construed to authorize any violation of this chapter.


Source. 2006, 302:2. 2012, 252:1, eff. June 18, 2012. 2021, 176:6, eff. July 30, 2021.

    137-J:18 Naming of Multiple Agents. 

If the principal lists more than one person as the agent in a durable power of attorney for health care directive, the agents shall have authority in priority of the order in which their names are listed on the document, unless the method of joint agency is expressly included.


Source. 2006, 302:2, eff. Jan. 1, 2007.

    137-J:19 Advance Directive;  Disclosure Statement. 

The disclosure statement which must accompany an advance directive shall be in substantially the following form:

AN ADVANCE DIRECTIVE IS A LEGAL DOCUMENT. YOU SHOULD KNOW THESE FACTS BEFORE SIGNING IT.

BULLET This form allows you to choose who you want to make decisions about your health care when you cannot make decisions for yourself. This person is called your "agent". You should consider choosing an alternate in case your agent is unable to act.

BULLET Agents must be 18 years old or older. They should be someone you know and trust. They cannot be anyone who is caring for you in a health care or residential care setting.

BULLET This form is an "advance directive" that defines a way to make medical decisions in the future, when you are not able to make decisions for yourself. It is not a medical order (e.g., it is not in and of itself a DNR (do not resuscitate order or (POLST)).

BULLET You will always make your own decisions until your medical practitioner examines you and certifies that you can no longer understand or make a decision for yourself. At that point, your "agent" becomes the person who can make decisions for you. If you get better, you will make your own healthcare decisions again.

BULLET With few exceptions(*), when you are unable to make your own medical decisions, your agent will make them for you, unless you limit your agent's authority in Part I.B of the durable power of attorney form. Your agent can agree to start or stop medical treatment, including near the end of your life. Some people do not want to allow their agent to make some decisions. Examples of what you might write in include: "I do NOT want my agent 
...

- to ask for or agree to stop life-sustaining treatment (such as breathing machines, medically-administered nutrition and/or hydration (tube feeding), kidney dialysis, other mechanical devices, blood transfusions, and certain drugs)."

- to ask for or to agree to a Do Not Resuscitate Order (DNR order)."

- to agree to treatment even if I object to it in the moment, after I have lost the ability to make health care decisions for myself."

BULLET The law allows your agent to put you in a clinical trial (medical study) or to agree to new or experimental treatment that is meant to benefit you if you have a disease or condition that is immediately life-threatening or if untreated, may cause a serious disability or impairment (for example new treatment for a pandemic infection that is not yet proven). You may change this by writing in the durable power of attorney for health care form:

ordm "I want my agent to be able to agree to medical studies or experimental treatment in any situation." or

ordm "I don't want to participate in medical studies or experimental treatment even if the treatment may help me or I will likely die without it."

BULLET Your agent must try to make the best decisions for you, based on what you have said or written in the past. Tell your agent that you have appointed them as your healthcare decision maker. Talk to your agent about your wishes.

BULLET In the "living will" section of the form, you can write down wishes, values, or goals as guidance for your agent, surrogate, and/or medical practitioners in making decisions about your medical treatment.

BULLET You do not need a lawyer to complete this form, but feel free to talk to a lawyer if you have questions about it.

BULLET You must sign this form in the physical presence of 2 witnesses or a notary or justice of the peace for it to be valid. The witnesses cannot be your agent, spouse, heir, or anyone named in your will, trust or who may otherwise receive your property at your death, or your attending medical practitioner or anyone who works directly under them. Only one witness can be employed by your health or residential care provider.

BULLET Give copies of the completed form to your agent, your medical providers, and your lawyer.

* Exceptions: Your agent may not stop you from eating or drinking as you want. They also cannot agree to voluntary admission to a state institution; voluntary sterilization; withholding life-sustaining treatment if you are pregnant, unless it will severely harm you; or psychosurgery.


Source. 2006, 302:2. 2009, 54:4, 5. 2014, 239:13, eff. Jan. 1, 2015. 2020, 39:37, eff. Jan. 1, 2021. 2021, 176:7, eff. July 30, 2021.

    137-J:2 Definitions. 

In this chapter:

I. "
Actively dying
" means an incurable condition caused by injury, disease, or illness which is such that death is imminent and the application of life-sustaining treatment would, to a reasonable degree of medical certainty only postpone the moment of death to another imminent moment, as certified in the principal's medical record by 2 physicians, or a physician and another attending practitioner who is not under the supervision of the certifying physician. 

II. "
Advance directive
" means a document allowing a person to give directions and guidance about future medical care and to designate another person to make medical decisions if the principal should lose the capacity to make health care decisions. The term "
advance directive
" shall include a durable power of attorney for health care and a living will.

III. "
Advanced practice registered nurse
" or "
APRN
" means a registered nurse who is licensed in good standing in the state of New Hampshire as having specialized clinical qualifications.

IV. "
Agent
" means an adult to whom authority to make health care decisions is delegated under a durable power of attorney for health care.

V. "
Attending practitioner
" means the physician, physician assistant, or advanced practice registered nurse, selected by or assigned to a patient, who has primary responsibility for the treatment and care of the patient. If more than one physician, physician assistant, or advanced practice registered nurse shares that responsibility, any one of those physicians, physician assistants, or advanced practice registered nurses may act as the attending practitioner under the provisions of this chapter.

VI. "
Capacity to make health care decisions
" means the ability to understand and appreciate generally the nature and consequences of a health care decision, including the significant benefits and harms of and reasonable alternatives to any proposed health care. The fact that a person has been diagnosed with mental illness, brain injury, or intellectual disability, or has declined a recommended medical procedure or therapy, shall not mean that the person necessarily lacks the capacity to make health care decisions.

VII. "
Cardiopulmonary resuscitation
" means those measures used to restore or support cardiac or respiratory function in the event of a cardiac or respiratory arrest.

VIII. "
Certified in the principal's medical record
" means the making of a statement in the medical record, whether such record is written or electronic.

IX. "
Close friend
" means any person 18 years of age or older who presents an affidavit to the attending physician stating that the individual is a close friend of the patient, is willing and able to become involved in the patient's health care, and has maintained such regular contact with the patient as to be familiar with the patient's activities, health, and religious and moral beliefs. The affidavit shall also state facts and circumstances that demonstrate such familiarity with the patient.

X. "
Do not resuscitate identification
" means a standardized identification necklace, bracelet, card, pink portable Do Not Resuscitate Order, POLST, or other written medical order that signifies that a "Do Not Resuscitate Order" has been issued for the principal.

XI. "
Do not resuscitate order
" or "
DNR order
" (also known as "
Do not attempt resuscitation order
" or "
DNAR order
") means an order that, in the event of an actual or imminent cardiac or respiratory arrest, chest compression and defibrillation will not be performed, the patient will not be intubated or manually ventilated, and there will be no administration of resuscitation drugs.

XII. "
Durable power of attorney for health care
" means a document delegating to an agent the authority to make health care decisions executed in accordance with the provisions of this chapter. It shall not mean forms routinely required by health and residential care providers for admissions and consent to treatment.

XIII. "
Emergency services personnel
" means paid or volunteer firefighters, law-enforcement officers, emergency medical technicians, paramedics or other emergency services personnel, providers, or entities acting within the usual course of their professions.

XIV. "
Health care decision
" means informed consent, refusal to give informed consent, or withdrawal of informed consent to any type of health care, treatment, admission to a health care facility, any service or procedure to maintain, diagnose, or treat an individual's physical or mental condition except as prohibited in this chapter or otherwise by law.

XV. "
Health care provider
" means a facility licensed, certified, or otherwise authorized or permitted by law to administer health care, for profit or otherwise, in the ordinary course of business or professional practice.

XVI. "
Life-sustaining treatment
" means any medical procedures or interventions which utilize mechanical or other medically administered means to sustain, restore, or supplant a vital function. "
Life-sustaining treatment
" includes, but is not limited to, the following: medically administered nutrition and hydration, mechanical respiration, kidney dialysis, or the use of other external mechanical or technological devices. Life sustaining treatment may include drugs to maintain blood pressure, blood transfusions, and antibiotics. "Life-sustaining treatment" shall not include the administration of medication, natural ingestion of food or fluids by eating and drinking, or the performance of any medical procedure deemed necessary to provide comfort or to alleviate pain.

XVII. "
Living will
" means a written statement of guidance that sets forth the express wishes of the principal that attempts at life sustaining treatment shall be continued or that certain life-sustaining treatment shall not be attempted when the principal has been diagnosed and certified in the principal's medical record by 2 attending physicians or a physician and another attending practitioner who is not under the supervision of the certifying physician to have lost capacity to make health care decisions and to be permanently unconscious or to suffer from an advanced life-limiting, incurable and progressive condition for which treatment has become excessively burdensome or ineffective for the principal.

XVIII. "
Medically administered nutrition and hydration
" means invasive procedures such as, but not limited to the following: Nasogastric tubes; gastrostomy tubes; intravenous feeding or hydration; and hyperalimentation. It shall not include the natural ingestion of food or fluids by eating and drinking.

XIX. "
Permanently unconscious
" means a lasting condition, indefinitely without improvement, in which thought, awareness of self and environment, and other indicators of consciousness are absent as determined by an appropriate neurological assessment by a physician in consultation with the attending physician or an appropriate neurological assessment by a physician in consultation with an APRN or PA.

XX. "
Physician
" means a medical doctor licensed in good standing to practice in the state of New Hampshire pursuant to RSA 329.

XXI. "
Physician assistant
" or "
PA
" means a physician assistant licensed in good standing to practice in the state of New Hampshire pursuant to RSA 328-D.

XXII. "
POLST
" means a form that contains a set of emergency medical orders signed by an attending practitioner. This order set may contain DNR orders, and, although it may be completed in any state under similar title, the DNR and all other orders shall conform to New Hampshire law. 

XXIII. "
Principal
" means a person 18 years of age or older who has executed an advance directive pursuant to the provisions of this chapter or a qualified patient who has not executed an advance directive and whose health care decisions are made by a surrogate appointed pursuant to the provisions of this chapter.

XXIV. "
Qualified patient
" means any patient who has been certified in the patient's medical record by the attending practitioner to lack the capacity to make health care decisions.

XXV. "
Reasonable degree of medical certainty
" means a medical judgment that is made by the attending practitioner who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

XXVI. "
Residential care provider
" means a "facility" as defined in RSA 161-F:11, IV, a "nursing home" as defined in RSA 151-A:1, IV, or any individual or facility licensed, certified, or otherwise authorized or permitted by law to operate, for profit or otherwise, a residential care facility for adults, including but not limited to those operating pursuant to RSA 420-D.

XXVII. "
Surrogate decision-maker
" or "
surrogate
" means an adult individual who has health care decision-making capacity, is available upon reasonable inquiry, is willing to make health care decisions on behalf of a patient who lacks health care decision-making capacity, and is identified by the attending practitioner in accordance with the provisions of this chapter as the person who is to make those decisions in accordance with the provisions of this chapter.

XXVIII. "
Witness
" means a competent person 18 years or older who is present when the principal signs an advance directive.


Source. 2006, 302:2. 2009, 54:1. 2013, 224:1. 2014, 239:2-4, eff. Jan. 1, 2015. 2020, 39:27, 28, eff. Jan. 1, 2021. 2021, 176:1, eff. July 30, 2021.

    137-J:20 Advance Directive;  Durable Power of Attorney and Living Will Forms. 

An advance directive in its individual "Durable Power of Attorney for Health Care" and "Living Will" components shall be in substantially the following form:

NEW HAMPSHIRE ADVANCE DIRECTIVE FORM

Name (Principal's Name): 
__________________________________________________

DOB: 
__________________________________________________

Address: 
__________________________________________________

I. DURABLE POWER OF ATTORNEY FOR HEALTH CARE

The durable power of attorney for healthcare form names your agent(s) and, if you wish, sets limits on what your agent can decide.

I choose the following person(s) as agent(s) if I have lost capacity to make health care decisions (cannot make health care decisions for myself).

(If you choose more than one person, they will become your agent in the order written, unless you indicate otherwise.)

A. Choosing Your Agent:

Agent: I appoint 
_______________, of 
_______________, and whose phone number is 
_______________ to be my agent to make health care decisions for me.

Alternate Agent: If the person above is not able, willing, or available, I appoint 
_______________, of 
_______________, and whose phone number is 
_______________ to be my alternate agent.

If no one listed above can make decisions for you, a surrogate will be assigned in the order written in law (spouse, adult child, parent, sibling, etc.), and will have the same powers as an agent. If there is no surrogate, a court appointed guardian may be assigned.

B. Limiting Your Agent's Authority or Providing Additional Instructions

When you can no longer make your own health care decisions, your agent will be able to make decisions for you. Please review the Disclosure Statement that is attached to this advance directive for examples of how you may want to advise your agent. You may write in limits or additional instructions below or attach additional pages.

I have attached 
_______________ additional pages titled "Additional wishes for my Durable Power of Attorney for Health Care" to express my wishes.

II. LIVING WILL

If you would like to provide written guidance to your agent, surrogate, and/or medical practitioners in making decisions about life sustaining medical treatment if you cannot make your own decisions, you may complete the options below.

CHOOSE ITEM A OR B. Initial your choice:

If I suffer from an advanced life-limiting, incurable and progressive condition:

_______________ A. I wish to have all attempts at life-sustaining treatment (within the limits of generally accepted health care standards) to try to extend my life as long as possible, no matter what burdens, costs or complications may occur.

OR

_______________ B. I do NOT wish to have any life-sustaining treatment attempted that I would consider to be excessively burdensome or that would not have a reasonable hope of benefit for me. I wish to receive only those forms of life-sustaining treatment that I would not consider to be excessively burdensome AND that have a reasonable hope of benefit for me. The following are situations that I would consider excessively burdensome: (Cross out and initial any of the below statements # 1-4 if you disagree.)

1. I do not wish to have life-sustaining treatment attempted if I am actively dying (medical treatment will only prolong my dying).

2. I do not wish to have life-sustaining treatment attempted if I become permanently unconscious with no reasonable hope of recovery.

3. I do not wish to have life-sustaining treatment attempted if I suffer from an advanced life-limiting, incurable and progressive condition and if the likely risks and burdens of treatment would outweigh the expected benefits.

4. Other situations that I would consider excessively burdensome if I suffer from an advanced life-limiting, incurable and progressive condition: (I have attached 
__________ additional pages titled "Living Will Burdens"):

In these situations, I wish for comfort care only. I understand that stopping or starting treatments to achieve my comfort, including stopping medically-administered nutrition and hydration, may be a way to allow me to die when the treatments would be excessively burdensome for me.

III. SIGNATURE

I have received, reviewed, and understood the disclosure statement, and I have completed the durable power of attorney for health care and/or living will consistent with my wishes. I have attached 
__________ pages to better express my wishes.

Signed this 
_____ day of 
__________, 20
_____

Principal's Signature: 
__________

(If you are physically unable to sign, this advance directive may be signed by someone else writing your name in your physical presence at your direction.)

THIS ADVANCE DIRECTIVE MUST BE SIGNED BY TWO WITNESSES OR A NOTARY PUBLIC OR A JUSTICE OF THE PEACE.

We declare that the principal appears to be of sound mind and free from duress at the time this advance directive is signed and that the principal affirms that the principal is aware of the nature of the directive and is signing it freely and voluntarily.

Witness: 
_______________ Address (city/state): 
_______________

Witness: 
_______________ Address (city/state): 
_______________

STATE OF NEW HAMPSHIRE

COUNTY OF 
_______________

The foregoing advance directive was acknowledged before me this 
_____ day of 
__________, 20
_____, by 
__________ (the "Principal").

_________________________

Notary Public/Justice of the Peace

My commission expires:


Source. 2006, 302:2. 2009, 54:4. 2013, 224:2, eff. Jan. 1, 2014. 2020, 39:38, eff. Jan. 1, 2021. 2021, 176:7, eff. July 30, 2021.

    137-J:21 Effect of Appointment of Guardian;  Inconsistency. 

I. On motion filed in connection with a petition for appointment of a guardian or on petition of a guardian if one has been appointed, the probate court shall consider whether the authority of an agent designated pursuant to an advance directive should be suspended or revoked. In making its determination, the probate court shall take into consideration the preferences of the principal as expressed in the advance directive. No such consideration shall change the procedures or burden of proof involved in the guardianship process as otherwise provided by law or procedures. In such consideration, the advance directive and agent appointed shall be presumed to be in the best interest of the principal and valid, absent clear and convincing evidence to the contrary.

II. To the extent that a durable power of attorney for health care, or such component of an advance directive as set forth in RSA 137-J:20, conflicts with a terminal care document or living will, or such component of an advance directive as set forth in RSA 137-J:20, the durable power of attorney for health care shall control.


Source. 2006, 302:2, eff. Jan. 1, 2007.

    137-J:22 Civil Action. 

I. The principal or any person who is a near relative of the principal, or who is a responsible adult who is directly interested in the principal by personal knowledge and acquaintance, including, but not limited to a guardian, social worker, physician, or member of the clergy, may file an action in the probate court of the county where the principal is located at the time:

(a) Requesting that an advance directive be revoked on the grounds that the principal was not of sound mind or was under duress, fraud, or undue influence when the advance directive was executed, and shall have all the rights and remedies provided by RSA 564-E:116 which shall apply to directives executed under this chapter and persons acting pursuant to this chapter.

(b) Challenging the right of any agent or surrogate who is acting or who proposes to act as such pursuant to this chapter and naming another person, who agrees to so act, to be appointed guardian over the person of the principal for the sole purpose of making health care decisions, as provided for in RSA 464-A.

II. A copy of any such action shall be given in hand to the principal's attending practitioner and, as applicable, to the principal's health care provider or residential care provider. To the extent they are not irreversibly implemented, health care decisions made by a challenged agent or surrogate shall not thereafter be implemented without an order of the probate court or a withdrawal or dismissal of the court action; provided, that this paragraph shall not be construed to authorize any violation of RSA 137-J:7.

III. The probate court in which such a petition is filed shall hold a hearing as expeditiously as possible.


Source. 2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2017, 178:3, eff. Jan. 1, 2018. 2020, 39:39, eff. Jan. 1, 2021. 2021, 176:8, eff. July 30, 2021.

    137-J:23 Penalty. 

A person who knowingly and falsely makes, alters, forges, or counterfeits, or knowingly and falsely causes to be made, altered, forged, or counterfeited, or procures, aids or counsels the making, altering, forging, or counterfeiting, of an advance directive or revocation of same with the intent to injure or defraud a person shall be guilty of a class B felony, notwithstanding any provisions in title LXII.


Source. 2006, 302:2, eff. Jan. 1, 2007.

    137-J:24 Applicability. 

The provisions of this subdivision apply to all persons regardless of whether or not they have completed an advance directive.


Source. 2006, 302:2, eff. Jan. 1, 2007.

    137-J:25 Presumed Consent to Cardiopulmonary Resuscitation;  Health Care Providers and Residential Care Providers Not Required to Expand to Provide Cardiopulmonary Resuscitation. 

I. Every person shall be presumed to consent to the administration of cardiopulmonary resuscitation in the event of cardiac or respiratory arrest, unless one or more of the following conditions, of which the health care provider or residential care provider has actual knowledge, apply:

(a) A do not resuscitate order in accordance with the provisions of this chapter has been issued for that person;

(b) A completed advance directive for that person is in effect, pursuant to the provisions of this chapter, in which the person indicated a wish not to receive cardiopulmonary resuscitation, or the principal's agent or surrogate has determined that the person would not wish to receive cardiopulmonary resuscitation;

(c) A person who lacks capacity to make health care decisions is actively dying and admitted to a health care facility, and the person's agent or surrogate is not available and the facility has made diligent efforts to contact the agent or surrogate without success, or the person's agent or surrogate is not legally capable of making health care decisions for the person, and the attending practitioner and a physician knowledgeable about the patient's condition, have determined that the provision of cardiopulmonary resuscitation would be contrary to accepted medical standards and would cause unnecessary harm to the person, and the attending practitioner has completed a do not resuscitate order; or

(d) A person is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof.

(e) The application of cardiopulmonary resuscitation would clearly be medically futile based on accepted medical standards. 

II. Nothing in this section shall be construed to revoke any statute, regulation, or law otherwise requiring or exempting a health care provider or residential care provider from instituting or maintaining the ability to provide cardiopulmonary resuscitation or expanding its existing equipment, facilities, or personnel to provide cardiopulmonary resuscitation.


Source. 2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2020, 39:40, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.

    137-J:26 Issuance of a Do Not Resuscitate Order;  Order to be Written by the Attending Practitioner. 

I. An attending practitioner may issue a do not resuscitate order for a person if the person, or the person's agent or surrogate, has consented to the order. A do not resuscitate order shall be issued in writing in the form as described in this section for a person not present or residing in a health care facility. For persons present in health care facilities, a do not resuscitate order shall be issued in accordance with the policies and procedures of the health care facility and in accordance with the provisions of this chapter.

II. A person may request that their attending practitioner issue a do not resuscitate order for the person.

III. A do not resuscitate order written by the attending practitioner for such a person with the consent of the agent or surrogate is valid and shall be respected by health care providers and residential care providers.

IV. If an agent or surrogate is not reasonably available and the facility has made diligent efforts to contact the agent or surrogate without success, or the agent or surrogate is not legally capable of making a decision regarding a do not resuscitate order, an attending practitioner may issue a do not resuscitate order for a person who lacks capacity to make health care decisions, who is actively dying, and who is admitted to a health care facility if a second practitioner who has personally examined the person concurs in the opinion of the attending practitioner that the provision of cardiopulmonary resuscitation would be contrary to accepted medical standards and would cause unnecessary harm to the person.

V. The do not resuscitate order shall be reflected in at least one of the following forms:

(a) Forms issued in accordance with the policies and procedures of the health care facility in compliance with this chapter if applicable;

(b) A portable DNR (P-DNR); medical orders form documenting the patient's name and signed by an attending practitioner and that clearly documents the DNR order; DNR bracelet or necklace worn by a patient, and inscribed with the patient's name, date of birth (in numerical form), and "NH DNR" or "NH Do not resuscitate"; and POLST constitutes a DNR if it states "This will constitute a DNR Order, and no separate DNR Order will be required."

VI. Portable DNR and POLST (that indicates Do Not Resuscitate) forms are transferable, valid medical orders throughout this state.


Source. 2006, 302:2. 2009, 54:4, 5, eff. July 21, 2009. 2020, 39:41, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.

    137-J:27 Compliance With a Do Not Resuscitate Order. 

I. Health care providers and residential care providers shall comply with the do not resuscitate order when presented with one of the following:

(a) A do not resuscitate order or POLST that indicates Do Not Resuscitate completed by the attending practitioner on a form as specified in RSA 137-J:26;

(b) A do not resuscitate order or POLST indicating Do Not Resuscitate for a person present or residing in a health care facility issued in accordance with the health care facility's policies and procedures in compliance with the chapter; or

(c) A medical orders or POLST form on which the attending practitioner has documented a do not resuscitate order in compliance with this chapter.

(d) Do not resuscitate identification as set forth in RSA 137-J:33.

II. Pursuant to this chapter, health care providers shall respect do not resuscitate orders for persons in health care facilities, ambulances, homes, and communities within this state.


Source. 2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2020, 39:42, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.

    137-J:28 Protection of Persons Carrying Out in Good Faith a Do Not Resuscitate Order;  Notification of Agent or Surrogate by Attending Practitioner Refusing to Comply With Do Not Resuscitate or POLST Order. 

I. No health care provider or residential care provider, or any other person acting for the provider or under the provider's control, shall be subjected to criminal or civil liability, or be deemed to have engaged in unprofessional conduct, for carrying out in good faith a do not resuscitate or POLST order authorized by this chapter on behalf of a person as instructed by the person, or the person's agent or surrogate, or for those actions taken in compliance with the standards and procedures set forth in this chapter.

II. No health care provider or residential care provider, or any other person acting for the provider or under the provider's control, or other individual who witnesses a cardiac or respiratory arrest shall be subjected to criminal or civil liability for providing cardiopulmonary resuscitation to a person for whom a do not resuscitate order has been issued; provided, that such provider or individual:

(a) Reasonably and in good faith is unaware of the issuance of a do not resuscitate order; or

(b) Reasonably and in good faith believed that consent to the do not resuscitate order has been revoked or canceled.

III. (a) Any attending practitioner who, because of personal beliefs or conscience, refuses to issue a do not resuscitate order at a person's request or to comply with a do not resuscitate or POLST order issued pursuant to this chapter shall take reasonable steps to advise promptly the person or agent or surrogate of the person that such attending practitioner is unwilling to effectuate the order. The attending practitioner shall thereafter at the election of the person or agent or surrogate permit the person or agent or surrogate to obtain another attending practitioner.

(b) If an attending practitioner, because of the practitioner's personal beliefs or conscience, is unable to comply with the terms of a do not resuscitate or POLST order, the practitioner shall immediately inform the person, the person's agent or surrogate. The person or the person's agent or surrogate[ may then request that the case be referred to another practitioner, as set forth in RSA 137-J:7.


Source. 2006, 302:2. 2009, 54:4, eff. July 21, 2009. 2020, 39:43, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.

    137-J:29 Revocation or Suspension of Do Not Resuscitate or POLST Order. 

I. At any time a principal admitted as an inpatient or outpatient to a health care facility may revoke a do not resuscitate or POLST order by making either a written, oral, or other act of communication to the attending practitioner or other professional staff of the health care facility.

II. At any time a principal residing outside a health care facility may revoke the principal's do not resuscitate or POLST order by destroying such order and removing do not resuscitate identification on the principal's person or by making either a written, oral, or other act of communication to a healthcare provider that is present with the principal. 

III. At any time, in accordance with RSA 137-J:6, an agent or surrogate may revoke a do not resuscitate or POLST order for a principal who lacks capacity to make health care decisions who is admitted to a health care facility by making either a written, oral, or other act of communication to the attending practitioner or other professional staff at the health care facility.

IV. At any time, in accordance with RSA 137-J:6, an agent or surrogate may revoke a do not resuscitate or POLST order for a principal who lacks capacity to make health care decisions who is residing outside a health care facility by destroying such order and removing do not resuscitate identification from the principal's person, or by making either written, oral, or other act of communication to a healthcare provider that is present with the principal. The agent is responsible for notifying the person's attending practitioner of the revocation.

V. The attending practitioner who is informed of or provided with a revocation of consent pursuant to this section shall immediately cancel or suspend the do not resuscitate or POLST order in the principal's medical record if the principal is in a health care facility and notify the professional staff of the health care facility responsible for the principal's care of the revocation, suspension, or cancellation. Any professional staff of the health care facility who is informed of or provided with a revocation of consent pursuant to this section shall immediately notify the attending practitioner of such revocation.


Source. 2006, 302:2. 2009, 54:4, 5, eff. July 21, 2009. 2020, 39:43, eff. Jan. 1, 2021. 2021, 176:9, eff. July 30, 2021.

    137-J:3 Freedom From Influence;  Notice Required. 

I. No health care provider or residential care provider, and no health care service plan, insurer issuing disability insurance, self-insured employee welfare benefit plan, or nonprofit hospital service plan shall charge a person a different rate because of the existence or non-existence of an advance directive, do not resuscitate order, or POLST, or require any person to execute an advance directive or require the issuance of a do not resuscitate order as a condition of admission to a hospital, nursing home, or residential care home, or as a condition of being insured for, or receiving, health or residential care services. Health or residential care services shall not be refused because a person is known to have executed an advance directive or have a do not resuscitate order.

II. The execution of an advance directive or POLST pursuant to this chapter shall not affect in any manner the sale, procurement, or issuance of any policy of life insurance, nor shall it be deemed to modify the terms of an existing policy of life insurance. No policy of life insurance shall be legally impaired, modified or invalidated in any manner by the withholding or withdrawal of life-sustaining treatment from an insured person notwithstanding any term of the policy to the contrary.


Source. 2006, 302:2, eff. Jan. 1, 2007. 2021, 176:1, eff. July 30, 2021.

    137-J:30 Not Suicide or Murder. 

The withholding of cardiopulmonary resuscitation from a person in accordance with the provisions of this chapter shall not, for any purpose, constitute suicide or murder. The withholding of cardiopulmonary resuscitation from a person in accordance with the provisions of this chapter, however, shall not relieve any individual of responsibility for any criminal acts that may have caused the person's condition. Nothing in this chapter shall be construed to legalize, constitute, condone, authorize, or approve suicide, assisted suicide, mercy killing, or euthanasia.


Source. 2006, 302:2, eff. Jan. 1, 2007. 2021, 176:10, eff. July 30, 2021.

    137-J:31 Interinstitutional Transfers. 

If a person with a do not resuscitate order is transferred from one health care facility to another health care facility, the health care facility initiating the transfer shall communicate the existence of a do not resuscitate order to the receiving facility prior to the transfer. The written do not resuscitate order, the do not resuscitate card as described in RSA 137-J:26, or the medical orders form shall accompany the person to the health care facility receiving the person and shall remain effective until a physician at the receiving facility issues admission orders. The do not resuscitate card or the medical orders form shall be kept as the first page in the person's transfer records.


Source. 2006, 302:2, eff. Jan. 1, 2007.

    137-J:32 Preservation of Existing Rights. 

I. Nothing in this chapter shall impair or supersede any legal right or legal responsibility which any person may have to effect the withholding of cardiopulmonary resuscitation in any lawful manner. In such respect, the provisions of this chapter are cumulative; provided, that this paragraph shall not be construed to authorize any violation of RSA 137-J:7.

II. Nothing in this chapter shall be construed to preclude a court of competent jurisdiction from approving the issuance of a do not resuscitate order under circumstances other than those under which such an order may be issued pursuant to the provisions of this chapter.


Source. 2006, 302:2, eff. Jan. 1, 2007. 2021, 176:11, eff. July 30, 2021.

    137-J:33 Do Not Resuscitate Identification. 

Do not resuscitate identification as set forth in this chapter may consist of either a medical condition bracelet or necklace with the inscription of the person's name, date of birth in numerical form and "NH Do Not Resuscitate" or "NH DNR" on it. Such identification shall be issued only upon presentation of a properly executed do not resuscitate order form as set forth in RSA 137-J:26, a medical orders form in which a physician, physician assistant, or advanced practice registered nurse has documented a do not resuscitate order, or a do not resuscitate order properly executed in accordance with a health care facility' s written policy and procedure.


Source. 2006, 302:2. 2009, 54:5, eff. July 21, 2009. 2020, 39:44, eff. Jan. 1, 2021.

    137-J:34 Repealed by 2021, 176:15, eff. July 30, 2021. 

    137-J:35 Surrogate Decision-making. 

I. When a patient lacks capacity to make health care decisions, the attending practitioner shall make a reasonable inquiry pursuant to 137-J:7 as to whether the patient has a valid durable power of attorney for health care and, to the extent that the patient has designated an agent, whether such agent is available, willing and able to act. When no health care agent is authorized and available, the health care provider shall make a reasonable inquiry as to the availability of possible surrogates listed under this paragraph. A surrogate decision-maker may make medical decisions on behalf of a patient without court order or judicial involvement in the following order of priority:

(a) The patient's spouse, or civil union partner or common law spouse as defined by RSA 457:39 if the principal were currently deceased, unless there is a divorce proceeding, separation agreement, or restraining order limiting that person's relationship with the patient.

(b) Any adult son or daughter of the patient.

(c) Either parent of the patient.

(d) Any adult brother or sister of the patient.

(e) Any adult grandchild of the patient.

(f) Any grandparent of the patient.

(g) Any adult aunt, uncle, niece, or nephew of the patient.

(h) A close friend of the patient.

(i) The agent with financial power of attorney or a conservator appointed in accordance with RSA 464-A.

(j) The guardian of the patient's estate.

II. The attending practitioner may identify a surrogate from the list in paragraph I if the attending practitioner determines the surrogate is able and willing to act, and determines after reasonable inquiry that neither a legal guardian, health care agent under a durable power of attorney for health care, nor a surrogate of higher priority is available and able and willing to act. The surrogate decision-maker, as identified by the attending practitioner, may make health care decisions for the patient, in accordance with RSA 137-J:6. The surrogacy provisions of this chapter shall take effect when the decision-maker names are recorded in the medical record. The attending practitioner shall have the right to rely on any of the above surrogates if the attending practitioner believes after reasonable inquiry that neither a health care agent under a durable power of attorney for health care or a surrogate of higher priority is available or able and willing to act.


Source. 2014, 239:12, eff. Jan. 1, 2015. 2020, 39:45, eff. Jan. 1, 2021. 2021, 176:12, eff. July 30, 2021.

    137-J:36 Determining Priority Among Multiple Surrogates. 

I. Where there are multiple surrogate decision-makers at the same priority level in the hierarchy, it shall be the responsibility of those surrogates to make reasonable efforts to reach a consensus as to their decision on behalf of the patient regarding any health care decision. If 2 or more surrogates who are in the same category and have equal priority indicate to the attending practitioner that they disagree about the health care decision at issue, a majority of the available persons in that category shall control, unless the minority or any other interested party initiates guardianship proceedings in accordance with RSA 464-A. There shall not be a recognized surrogate when a guardianship proceeding has been initiated and a decision is pending. The person initiating the petition for guardianship shall immediately provide written notice of the initiation of the guardianship proceeding to the health care facility where the patient is being treated. This process shall not preempt the care of the patient. No health care provider or other person shall be required to seek appointment of a guardian.

II. After a surrogate has been identified, the name, address, telephone number, and relationship of that person to the patient shall be recorded in the patient's medical record.

III. Any surrogate who becomes unavailable or unable or unwilling to act for any reason may be replaced by applying the provisions of RSA 137-J:35 in the same manner as for the initial choice of surrogate.

IV. In the event an individual of a higher priority to an identified surrogate becomes available and is willing and able to be the surrogate, the individual with higher priority may be identified as the surrogate. In the event an individual in a higher, a lower, or the same priority level or a health care provider seeks to challenge the priority or ability of the surrogate or the life-sustaining treatment decision of the recognized surrogate decision-maker, the challenging party may initiate guardianship proceedings in accordance with RSA 464-A.


Source. 2014, 239:12, eff. Jan. 1, 2015. 2020, 39:46, eff. Jan. 1, 2021. 2021, 176:13, eff. July 30, 2021.

    137-J:37 Limitations of Surrogacy. 

I. A surrogate shall not be identified over the express objection of the patient, and a surrogacy shall terminate if at any time a patient for whom a surrogate has been appointed expresses objection to the continuation of the surrogacy.

II. No attending practitioner shall be required to identify a surrogate, and may, in the event a surrogate has been identified, revoke the surrogacy if the surrogate is unwilling or unable to act.

III. An attending practitioner may, but shall not be required to, initiate guardianship proceedings or encourage a family member or friend to seek guardianship in the event a patient is determined to lack capacity to make health care decisions and no guardian, agent under a health care power of attorney, or surrogate has been appointed or named.

IV. Nothing in this chapter shall be construed to require an attending practitioner to treat a patient who the practitioner reasonably believes lacks health care decision-making capacity and for whom no guardian, agent, or surrogate has been appointed.

V. The surrogate may make health care decisions for a principal to the same extent as an agent under a durable power of attorney for health care for up to 180 days after being identified in RSA 137-J:35, I. The authority of the surrogate shall terminate if the principal regains the capacity to make health care decisions or a guardian is appointed. The authority of the surrogate shall terminate after 180 days, unless the patient is determined to be actively dying.


Source. 2014, 239:12, eff. Jan. 1, 2015. 2020, 39:47, eff. Jan. 1, 2021. 2021, 176:14, eff. July 30, 2021.

    137-J:4 Severability. 

If any provision of this chapter or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect any other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.


Source. 2006, 302:2, eff. Jan. 1, 2007.

    137-J:5 Scope and Duration of Agent's and Surrogate's Authority. 

I. Subject to the provisions of this chapter and any express limitations set forth by the principal in a durable power of attorney for health care, the agent or surrogate shall have the authority to make any and all health care decisions on the principal's behalf that the principal could make.

II. An agent's authority under a durable power of attorney for health care or a surrogate's authority shall be in effect only when the principal lacks capacity to make health care decisions, as certified in the principal's medical record by the principal's attending practitioner. The name of the agent or surrogate shall be indicated in the principal's medical record. When and if the principal regains capacity to make health care decisions, such event shall be certified in the principal's medical record by the principal's attending practitioner, the agent's or surrogate's authority shall terminate, and the authority to make health care decisions shall revert to the principal.

III. If the principal has no attending practitioner for reasons based on the principal's religious or moral beliefs as specified in the principal's advance directive, the advance directive may include a provision that a person designated by the principal in the advance directive may certify in writing, acknowledged before a notary or justice of the peace, as to the principal's lack of capacity to make health care decisions. The person so designated by the principal shall not be the agent, or a person ineligible to be the agent.

IV. The principal's attending practitioner shall make reasonable efforts to inform the principal, even if the principal has lost capacity, of any proposed treatment, or of any proposal to withdraw or withhold treatment. When the principal has lost capacity to make health care decisions and an agent or surrogate is acting on the principal's behalf, and the agent or surrogate consents to treatment or withholding of treatment from the principal, such treatment may be given or withheld even over the principal's objection, unless the principal's durable power of attorney for health care provides otherwise.

IV-a. Consent to clinical trials or experimental treatments. Agents and surrogates shall have the authority to consent to clinical trials or experimental treatments pursuant to the following:

(a) The clinical trial or experimental treatment must be authorized by an institutional review board and be consistent with the relevant state and federal regulations, including 45 CFR part 46, subpart A (the "Common Rule"), and 21 CFR parts 50 and 56, as applicable.

(b) An agent or surrogate may only give consent that is consistent with authority granted in a durable power of attorney for health care. If the durable power of attorney for health care does not address authority to give consent to a clinical trial or experimental treatment, the agent or surrogate may only give consent that is consistent with the authority provided in subparagraph (c).

(c) Absent a limitation in a durable power of attorney for health care, an agent or surrogate may give consent to clinical trials or experimental treatment as follows:

(1) For purposes of this subsection, "immediately life-threatening diseases or conditions" are diseases or conditions that are likely to cause death if treatment is not provided promptly. When there is an immediately life-threatening disease or condition, consent may be given if:

(A) There is no alternate method of approved or generally recognized therapy available that provides an equal or greater likelihood of saving the life of the patient or preventing a permanent or extended impairment of function that is likely to substantially limit one or more major life activities, or

(B) The clinical trial or experimental treatment is not intended to save the life of the patient but rather is intended to be beneficial to the patient in terms of increasing mobility or reducing pain, distress, or discomfort.

(2) For purposes of this subsection, "serious diseases or conditions" are diseases or conditions that, if left untreated, are likely to result in a permanent or extended impairment of function that is likely to substantially limit one or more major life activities. When there is a serious disease or condition, consent may be given if:

(A) There is no alternate method of approved or generally recognized therapy that is available, and

(B) The clinical trial or experimental treatment is intended to prevent or diminish a permanent or extended impairment of function that is likely to substantially limit one or more major life activities, and such impairment is likely to occur if not treated promptly, or be beneficial to the patient in terms of increasing mobility or reducing pain, distress, or discomfort that is likely to substantially limit a major life activity.

V. Nothing in this chapter shall be construed to give an agent or surrogate authority to:

(a) Consent to voluntary admission to any state institution;

(b) Consent to a voluntary sterilization;

(c) Consent to withholding life-sustaining treatment from a pregnant principal, unless, to a reasonable degree of medical certainty, as certified in the principal's medical record by the attending practitioner and an obstetrician who has examined the principal, such treatment or procedures will not maintain the principal in such a way as to permit the continuing development and live birth of the fetus or will be physically harmful to the principal or prolong severe pain which cannot be alleviated by medication; or

(d) Consent to psychosurgery or electro-convulsive shock therapy.


Source. 2006, 302:2. 2009, 54:4. 2014, 239:5, eff. Jan. 1, 2015. 2020, 39:5, eff. July 1, 2021; 39:29, eff. Jan. 1, 2021. 2021, 176:2, eff. July 1, 2021 and July 30, 2021.

    137-J:6 Requirement to Act in Accordance With Principal's Wishes and Best Interests. 

After consultation with the attending practitioner and other health care providers, the agent or surrogate shall make health care decisions in accordance with the agent's or surrogate's knowledge of the principal's wishes and religious or moral beliefs, as stated orally, in writing, including but not limited to in the durable power of attorney for health care and the living will, or otherwise communicated by the principal, or, if the principal's wishes are unknown, in accordance with the agent's or surrogate's assessment of the principal's best interests and in accordance with accepted medical practice.


Source. 2006, 302:2. 2009, 54:4. 2014, 239:14, eff. Jan. 1, 2015. 2020, 39:30, eff. Jan. 1, 2021. 2021, 176:2, eff. July 30, 2021.

    137-J:7 Attending Practitioner and Health Care Provider's Responsibilities. 

I. A qualified patient's attending practitioner, or a qualified patient's health care provider or residential care provider, and employees thereof, shall follow, as applicable, the directives of a qualified patient's designated agent or surrogate to the extent they are consistent with this chapter and the advance directive, and to the extent they are within the bounds of responsible medical practice.

(a) An attending practitioner, or other health care provider or residential care provider, who is requested to do so by the principal shall make the principal's advance directive or a copy of such document a part of the principal's medical record.

(b) Any person who possesses a duly executed advance directive or a revocation thereof, if it becomes known to that person that the principal executing the same is in such circumstances that the terms of the advance directive might become applicable (such as when the principal becomes a "
qualified patient
"), shall forthwith deliver an original or copy of the same to the health care provider or residential care provider with which the principal is a patient.

(c) The principal's attending practitioner, or any other physician, PA, or APRN, shall, without delay, take the necessary steps to provide for written verification of the principal's lack of capacity to make health care decisions (in other words, to certify in the principal's medical record that the principal is a "qualified patient"), so that the attending practitioner and the principal's agent or surrogate may be authorized to act pursuant to this chapter.

II. An attending practitioner who, because of personal beliefs or conscience, is unable to comply with a POLST, the principal's living will and/or the agent's or the surrogate's decision pursuant to this chapter shall, without delay, make the necessary arrangements to effect the transfer of a qualified patient and the appropriate medical records that document the qualified patient's lack of capacity to make health care decisions to another practitioner who has been chosen by the qualified patient's agent or surrogate provided, that pending the completion of the transfer, the attending practitioner shall not deny health care treatment which denial would, within a reasonable degree of medical certainty, result in or hasten the qualified patient's death against the express will of the qualified patient, the qualified patient's advance directive, or the agent or surrogate.

III. When an agent's or a surrogate's decision pursuant to this chapter, or the principal's living will or POLST requires an act or omission contrary to the moral or ethical principles or other standards of a health care provider or residential care provider of which the principal is a patient or resident, the health care provider shall allow for the transfer of the principal and the appropriate medical records to another health care provider chosen by the agent or surrogate and shall incur no liability for its refusal to carry out the terms of the direction by the agent or surrogate; provided, that, pending the completion of the transfer, the health care provider or residential care provider shall not deny health care treatment, which denial would within a reasonable degree of medical certainty result in or hasten the principal's death against the expressed will of the principal, the principal's advance directive, or the agent or surrogate; and further provided, that, the health care provider or residential care provider shall inform the agent or surrogate of its decision not to participate in such an act or omission.


Source. 2006, 302:2. 2009, 54:4. 2014, 239:6, 7, eff. Jan. 1, 2015. 2020, 39:31, eff. Jan. 1, 2021. 2021, 176:2, eff. July 30, 2021.

    137-J:8 Restrictions on Who May Act as Agent or Surrogate. 

A person may not exercise the authority of an agent or a surrogate while serving in one of the following capacities:

I. The principal's attending practitioner or a person acting under the direct authority of the attending practitioner.

II. A nonrelative of the principal who is an employee of the principal's health care provider or residential care provider.


Source. 2006, 302:2. 2014, 239:8, eff. Jan. 1, 2015. 2021, 176:2, eff. July 30, 2021.

    137-J:9 Confidentiality and Access to Protected Health Information. 

I. Health care providers, residential care providers, and persons acting for such providers or under their control, shall be authorized to;

(a) Communicate to an agent or surrogate any medical information about the principal, if the principal lacks the capacity to make health care decisions, necessary for the purpose of assisting the agent or surrogate in making health care decisions on the principal's behalf.

(b) Provide copies of the principal's advance directive as necessary to facilitate treatment of the principal.

II. Subject to any limitations set forth in the durable power of attorney for health care by the principal, an agent or surrogate whose authority is in effect shall be authorized, for the purpose of making health care decisions, to:

(a) Request, review, and receive any information, oral or written, regarding the principal's physical or mental health, including, but not limited to, medical and hospital records.

(b) Execute any releases or other documents which may be required in order to obtain such medical information.

(c) Consent to the disclosure of such medical information to a third party.


Source. 2006, 302:2, eff. Jan. 1, 2007. 2021, 176:2, eff. July 30, 2021.

    137-K:1-a Definitions. 

In this chapter:

I. "
Brain and spinal cord injury
" means any injury to the brain or spinal cord which causes death or requires medical care and treatment or results in long-term disability.

II. "
Commissioner
" means the commissioner of the department of health and human services.

III. "
Department
" means the department of health and human services.

IV. [Repealed.]

V. "
Risk assessment
" means the measurement and evaluation of the threat resulting from these injuries.

VI. "
Facility
" means a governmental or private agency, department, institution, clinic, laboratory, hospital, health maintenance organization, association, physician, or other similar unit diagnosing or providing treatment for brain and spinal cord injuries.


Source. 1999, 349:2, eff. Jan. 21, 2000. 2022, 100:6(I), eff. July 19, 2022.

    137-K:1 Purpose. 

The purpose of this chapter is to support the needs of individuals who have sustained brain and spinal cord injuries.


Source. 1997, 262:2, eff. June 19, 1997. 2022, 100:1, eff. July 19, 2022.

    137-K:2 Advisory Council. 

I. There is established the New Hampshire brain and spinal cord injury advisory council in the department.

II. (a) The advisory council shall consist of the following voting members:

(1) One member of the Spinal Cord Injury Association, appointed by such association.

(2) One member of the Brain Injury Association of New Hampshire, appointed by such association.

(3) One member of the professional community, appointed by the governor.

(4) One brain and spinal cord injury survivor, appointed by the governor.

(5) One family member or caregiver, appointed by the governor.

(6) One member of the house of representatives, appointed by the speaker of the house of representatives.

(7) One member of the senate, appointed by the senate president.

(8) One vocational rehabilitation instructor, appointed by the commissioner of the department of education.

(b) The following persons or their designees shall serve as ex-officio, non-voting members of the council:

(1) The commissioner of the department of health and human services.

(2) The administrator of the division of vocational rehabilitation services of the department of education.

(3) The president or executive director of the Brain Injury Association of New Hampshire.

(4) The administrator of brain injury services, division of developmental services, department of health and human services.

(5) The president or executive director of Granite State Independent Living.

(6) Representatives of other related agencies or organizations as approved by the council.

III. Advisory council appointments shall be for 3 years. Terms shall be staggered so that 
1/3 of the positions are elected each year. Upon the completion of 2 consecutive 3-year terms, a council member shall be ineligible to serve on the council for one year. A vacancy shall be filled in the same manner as the original appointment. Such appointment shall complete the original member's term.

IV. The advisory council shall have the authority to draft and adopt by-laws addressing concerns such as attendance, presentations, and notice of council meetings.

V. The advisory council shall meet at least quarterly. At the last meeting of the state fiscal year, the regular meetings of the following state fiscal year shall be scheduled. Special meetings may be held if necessary at the call of the advisory council chair.

VI. The advisory council shall:

(a) Identify unmet needs which should be considered for support.

(b) Investigate the needs of citizens with brain and spinal cord injuries, identifying the gaps in services to these citizens, and issue an annual report to the governor, the speaker of the house, the senate president, and the commissioner of health and human services by October 1 of each year.

(c) Hold at least 2 public hearings annually, in different regions of the state, to generate input from the public on unmet needs and gaps in services and supports for individuals with brain and spinal cord injuries, for inclusion in the advisory council's annual report.

(d) Consider the feasibility of establishing a brain and spinal cord injury trust fund.

(e) Review the status of the brain injury program, established under RSA 137-K:9, and recommend to the commissioner priorities for new programs and services to address the unmet needs and gaps in services and supports for individuals with brain and spinal cord injuries.


Source. 1997, 262:2. 1999, 349:3. 2002, 245:1. 2006, 184:1, eff. May 25, 2006. 2022, 100:2, eff. July 19, 2022.

    137-K:3 Rulemaking. 

The commissioner shall, after consultation with the advisory council established in RSA 137-K:2, adopt rules under RSA 541-A relative to:

I. Direct assistance, service coordination, family support activities for individuals with serious brain or spinal cord injuries and their families.

II. Eligibility criteria for direct assistance and family support services.

III. [Repealed.]

IV. Eligibility criteria and service requirements for care and rehabilitation services for individuals with serious brain and spinal cord injuries provided by the department through existing programs.

V. Conducting prevention and screening services and delivering education programs.

VI. Content and design of all forms and reports required by this chapter.

VII. Procedures for disclosure of information gathered by the brain and spinal cord registry, by monitoring and evaluating health data, and from completed risk assessments.

VIII. Eligibility criteria and objectives for the brain injury program, established under RSA 137-K:9.

IX. The protection of the rights, dignity, autonomy, and integrity of persons who have sustained brain and spinal cord injuries, including specific procedures to protect such rights.


Source. 1997, 262:2. 1999, 349:4, 5. 2002, 245:2. 2012, 171:7, eff. Aug. 10, 2012. 2022, 100:3, 6, II, eff. July 19, 2022.

    137-K:4 Duties. 

The commissioner shall monitor the morbidity and mortality of brain and spinal cord injuries.


Source. 1999, 349:6, eff. Jan. 21, 2000. 2022, 100:4, eff. July 19, 2022.

    137-K:5 Repealed by 2022, 100:6, III, eff. July 19, 2022. 

    137-K:6 Repealed by 2022, 100:6, IV, eff. July 19, 2022. 

    137-K:7 Repealed by 2022, 100:6, V, eff. July 19, 2022. 

    137-K:8 Repealed by 2022, 100:6, VI, eff. July 19, 2022. 

    137-K:9 Brain Injury Program Established. 

There shall be established by the department a brain injury support program in partnership with family and survivor-directed statewide brain injury organizations dedicated to brain injury in children and adults, who often do not qualify for Medicaid services. Core brain injury supports shall include, but not be limited to, neuro-resource facilitation to connect individuals to care for the life-long chronic phase of brain injury, a linked state-national helpline for information and resource assistance, a statewide brain injury support group network, outreach to the newly injured, family caregiver training, an annual state brain injury conference, administrative support for the state advisory council, emergency financial assistance for survivors and families, and assistance for brain injury survivors living with co-occurring neuro-behavioral disorders in accessing community-based services.


Source. 2002, 245:3, eff. May 17, 2002. 2022, 100:5, eff. July 19, 2022.

    137-L:1 Short Title. 

This chapter shall be known as the "New Hampshire POLST Registry Act."


Source. 2014, 328:1, eff. July 1, 2015.

    137-L:2 Definitions. 

In this chapter:

I. "
Authorized user
" means a person authorized by the department to provide information to or receive information from the POLST registry.

II. "
Commissioner
" means the commissioner of the department of health and human services.

III. "
Department
" means the department of health and human services.

IV. "
Advanced practice registered nurse
" means an advanced practice registered nurse licensed under RSA 326-B.

V. "
Physician
" means a physician licensed under RSA 329.

VI. "
Physician assistant
" means a physician assistant licensed under RSA 328-D.

VII. "
POLST
" means a provider order for life-sustaining treatment signed by a physician, advanced practice registered nurse, or physician assistant.

VIII. "
POLST registry
" means the registry established in RSA 137-L:3.


Source. 2014, 328:1, eff. July 1, 2015.

    137-L:3 POLST Registry Established;  Rulemaking;  Fund. 

I. Subject to sufficient funding, the department shall establish and operate a statewide registry for the collection and dissemination of provider orders for life-sustaining treatment to help ensure that medical treatment preferences for an individual nearing the end of his or her life are honored.

II. The commissioner shall adopt rules within 6 months of the effective date of this chapter, pursuant to RSA 541-A relative to:

(a) Requiring submission of the following documents to the registry, if the patient has requested to opt into the registry:

(1) A copy of each POLST;

(2) A copy of a revised POLST; and

(3) Notice of any known revocation of a POLST;

(b) Prescribing the manner for submitting the information described in subparagraph (a);

(c) Requiring the release of registry information to authorized users for treatment purposes;

(d) Authorizing notification by the registry to specified persons of the receipt, revision, or revocation of a POLST; and

(e) Establishing procedures to protect the accuracy and confidentiality of information submitted to the registry.

III. To the extent allowed by the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the department may permit qualified researchers to obtain registry data for research purposes conditioned upon removal by the department of any data that identifies a health care provider, a facility, or an individual patient, including his or her name, address, telephone number, and social security number. If the department intends to permit qualified researchers to obtain registry data, the department shall first adopt rules, pursuant to RSA 541-A, governing the process which shall include but not be limited to:

(a) The definition of a qualified researcher;

(b) The process for a qualified researcher to request and obtain registry data;

(c) The types of data that a qualified researcher may be provided from the registry; and

(d) The manner by which a qualified researcher shall protect registry data obtained under this provision.

IV. The department may contract with a private or public entity to establish or maintain the registry.

V. [Repealed.]


Source. 2014, 328:1, eff. July 1, 2015. 2019, 134:7, eff. June 25, 2019.

    137-L:4 Application of Chapter to Department. 

Nothing in this chapter shall require the department to:

I. Prescribe the form or content of a POLST;

II. Disseminate forms to be used for a POLST;

III. Educate the public about POLSTs; or

IV. Train health care providers about POLSTs.


Source. 2014, 328:1, eff. July 1, 2015.

    137-L:5 Repealed by 2020, 37:4, X, eff. July 29, 2020. 

    137-L:6 Application of Chapter. 

Nothing in this chapter shall be construed to require an individual to have a POLST or to require a health professional to authorize or execute a POLST. A POLST may be revoked at any time by the patient.


Source. 2014, 328:1, eff. July 1, 2015.

    137-L:7 Confidentiality. 

Except as provided in RSA 137-L:3, all information collected or developed by the POLST registry that identifies or could be used to identify a patient, or health care provider or facility shall be confidential and shall not be subject to civil or administrative subpoena or to discovery, in a civil action, including but not limited to a judicial, administrative, arbitration, or mediation proceeding.


Source. 2014, 328:1, eff. July 1, 2015.

    137-L:8 Immunity. 

Any person reporting information to the POLST registry or acting on information obtained from the POLST registry in good faith shall be immune from any civil or criminal liability that might otherwise be incurred or imposed with respect to the reporting of information to the POLST registry or acting on information obtained from the POLST registry.


Source. 2014, 328:1, eff. July 1, 2015.

    138:1, 138:2 Repealed by 1961, 222:6, III, eff. July 1, 1962. 

    138:3 Omitted. 

    138:4 Repealed by 1961, 222:6, III, eff. July 1, 1962. 

    138:5 Repealed by 1977, 588:50, eff. Sept. 16, 1977. 

    140:1 Public Policy. 

Whereas the use of certain chemical and physical agents can be instrumental in the improvement of health, welfare, and productivity of the public if properly utilized, or may impair the industrial and agricultural potentials of this state and adversely affect the well-being of the citizens of this state if improperly utilized, it is hereby declared to be the public policy of this state:

I. To encourage the constructive use of these chemical and physical agents and to discourage improper uses of these agents.

II. To institute and maintain a consultative program for the use of chemical and physical agents so as to provide for:

(a) Compatibility with standards of the federal government.

(b) A single effective system of recommendations within the state.

(c) A system consonant, insofar as possible, with consultative systems of other states.


Source. 1986, 198:20, eff. Aug. 2, 1986.

    140:2 Purpose. 

It is the purpose of this chapter to implement the policies set forth in RSA 140:1 by providing for:

I. Effective consultative service relative to the use of chemical or physical agents for the protection of the occupational and public health and safety.

II. Promotion of an orderly consultative pattern within the state, among the states, and between the federal government and the state, and the facilitation of intergovernmental cooperation with respect to the use of chemical and physical agents to the end that duplication of effort may be minimized.

III. Maximum utilization of chemical or physical agents consistent with the health and safety of the public.

IV. Collection of information regarding ailments or diseases which may be contracted from occupational exposure to chemical or physical agents.


Source. 1986, 198:20, eff. Aug. 2, 1986.

    140:3 Definitions. 

In this chapter:

I. "Chemical agent" means any element, molecule, compound, or mixture to which persons may be exposed through ingestion, inhalation, or absorption and which, at sufficiently high concentrations, may produce adverse effects.

II. "Commissioner" means the commissioner of the department of health and human services.

III. "Person" means any individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, political subdivision of this state or any other state or political subdivision or agency of this or any other state, or any of their legal successors, representatives, agents, or agencies.

IV. "Physical agent" means forces of a physical nature including, but not limited to, heat stress, lasers, microwaves, noise, or ultraviolet radiation, to which persons may be exposed and which at sufficiently high levels may produce adverse effects.


Source. 1986, 198:20. 1995, 310:182, 183, eff. Nov. 1, 1995.

    140:4 Duties;  Fees. 

The commissioner shall, for the protection of the occupational and public health and safety:

I. Develop and conduct comprehensive policies and programs for evaluation of hazards associated with the use of chemical or physical agents and for their amelioration.

II. Develop and conduct programs with due regard for compatibility with federal programs for consultation regarding chemical or physical agents.

III. Advise, consult, and cooperate with other agencies of the state, the federal government, other states, interstate agencies, political subdivisions, industries, and groups concerned with control of chemical or physical agents.

IV. Have the authority to accept, spend for the purpose of this chapter, and administer loans, grants, and other funds or gifts, conditional or otherwise, in furtherance of these functions, from the federal government and from other sources, public or private.

V. Encourage, participate in, or conduct studies and demonstrations in training and research relating to the control of chemical or physical agents, the measure of these agents, the effects on health of exposure to these agents, and related problems as necessary or advisable to the discharge of the duties under this chapter.

VI. Collect and disseminate health education information relating to protection from chemical or physical agents.

VII. Develop a schedule of fees by rule, pursuant to RSA 541-A, and assess and collect such fees for services provided under this chapter. The commissioner is authorized to establish a revolving fund into which shall be deposited the fees collected under this paragraph. The commissioner, with approval of the governor and council, shall be authorized to utilize the moneys from the revolving fund so created for the purposes outlined in this chapter.

VIII. Require reports from physicians regarding ailments or diseases which may be contracted from occupational exposures to chemical or physical agents.


Source. 1986, 198:20. 1995, 310:183, eff. Nov. 1, 1995.

    140:5 Report. 

I. Every physician in this state attending a patient whom he believes to be suffering from poison from lead, phosphorus, arsenic, brass, wood alcohol, mercury, or their compounds, or from anthrax, compressed air illness, or any other ailment or disease contracted as a result of the nature of the patient's employment, shall, within 48 hours, send to the commissioner of the department of health and human services a report stating the name, address, and occupation of the patient; the name, address, and business of the employer; the nature of the disease; and such other information as may be reasonably required by the commissioner of the department of health and human services. Posting the report within the time required in a stamped envelope addressed to the commissioner of the department of health and human services shall be considered to be in compliance with this section.

II. The commissioner of the department of health and human services shall adopt by rule the form and contents of blanks for such reports and shall prepare and furnish the same free of cost to physicians. The reports shall be on or in conformity with such blanks.

III. Reports prepared under this section shall not be evidence of the facts in any action arising out of the disease reported.


Source. 1986, 198:20. 1995, 310:182, eff. Nov. 1, 1995.

    140:6 Rulemaking. 

The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:

I. Any information required on the reports under RSA 140:5, I.

II. Form and content of the blanks for the reports under RSA 140:5, II.

III. The fee schedule under RSA 140:4, VII.


Source. 1986, 198:20. 1995, 310:182, eff. Nov. 1, 1995.

    140:7 Copy of Reports to Commissioner of Labor. 

The commissioner of the department of health and human services shall transmit a copy of all reports prepared pursuant to RSA 140:5 to the commissioner of labor.


Source. 1986, 198:20. 1995, 310:182, eff. Nov. 1, 1995.

    140:8 Conflicting Laws. 

This chapter shall not be construed as repealing any laws of the state relating to chemical or physical agents or exposures to them but shall be held and construed as auxiliary and supplementary to them, except to the extent that they are in direct conflict with this chapter, in which case this chapter shall be controlling. Nothing in this chapter shall preclude the right of any governing body of a municipality to adopt ordinances or rules not inconsistent with this chapter.


Source. 1986, 198:20, eff. Aug. 2, 1986.

    140:9 Penalty. 

Any person who does not comply with any of the provisions of RSA 140 or with the rules adopted by the commissioner of the department of health and human services under RSA 140 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.


Source. 1986, 198:20. 1995, 310:182, eff. Nov. 1, 1995.

    141-A:1 Title. 

This chapter shall be known and may be cited as the "critical health problems reporting act".


Source. 1979, 339:1, eff. Aug. 21, 1979.

    141-A:2 Definitions. 

As used in this chapter:

I. "Critical health problem" means any of the following:

(a) Lead poisoning.

(b) Reye's syndrome.

(c) A disease, condition, or procedure relating to public health which is determined by the commissioner to be of particular concern or importance as a critical health problem in this state, being in need of greater research, study, and statistical analysis.

II. "Commissioner" means the commissioner of the department of health and human services.

III. [Repealed.]

IV. "Facility" means a governmental or private agency, department, institution, clinic, laboratory, hospital, or a health maintenance organization, association, or other similar unit designated by the commissioner.


Source. 1979, 339:1. 1981, 460:7. 1983, 291:1, I. 1995, 310:91, 170, IV, 183, eff. Nov. 1, 1995.

    141-A:3 Determination of Problems. 

The commissioner shall determine by rule a disease, condition, or procedure which constitutes a critical health problem under RSA 141-A:2, I(c). A rule adopted under this section shall cease to be effective 5 years after the date the rule is adopted.


Source. 1979, 339:1. 1985, 190:67. 1995, 310:183, eff. Nov. 1, 1995.

    141-A:4 Reports. 

An attending physician or other person representing or employed by a facility as determined by the commissioner shall report to the department the existence of a critical health problem as prescribed by this chapter when the physician or person determined by the commissioner diagnoses or confirms a critical health problem. The report shall be made not more than 10 days after the diagnosis or confirmation is made by the physician or other person.


Source. 1979, 339:1. 1995, 310:175, 183, eff. Nov. 1, 1995.

    141-A:5-a Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Identifying critical health problems in this state as authorized under RSA 141-A:2, I(c) and RSA 141-A:3.

II. The manner of reporting critical health problems as authorized under RSA 141-A:4.

III. Form and content of the critical health reports under RSA 141-A:4 and RSA 141-A:5, II.

IV. Maintaining critical health reports under RSA 141-A:6.

V. [Repealed.]


Source. 1985, 190:69. 1995, 310:183. 2012, 171:26, IV, eff. Aug. 10, 2012.

    141-A:5 Form. 

I. The report prescribed in RSA 141-A:4 shall be designated as a critical health problem report and shall contain social security numbers, if persons were given the option at the original point of collection to provide social security numbers voluntarily, and information which the commissioner considers necessary to identify, locate, and investigate the occurrence, frequency, incidence, cause, effect, and prognosis of the critical health problem, and other relevant data and findings with respect thereto.

II. The commissioner shall adopt rules regarding the form, content, and manner of filing the report prescribed in RSA 141-A:4, which shall be submitted to the department unless otherwise prescribed by the commissioner. He shall adopt such other rules as may be necessary to foster study, research, denomination, and control of critical health problems.

III. A report or other data relating to a critical health problem which discloses the identity of an individual who was reported as having a critical health problem shall be made available only to persons who demonstrate a need for the report or other data which is essential to health related research, including but not limited to, for purposes of administering the lead paint poisoning prevention control program under RSA 130-A. A report or data which does not disclose the identity of the individual shall be made available to the public in compliance with RSA 91-A.

IV. The physician-patient privilege shall not apply to a critical health problem report prepared pursuant to paragraph I.


Source. 1979, 339:1. 1985, 190:68. 1995, 310:175, 183. 2003, 309:7, eff. Sept. 19, 2003. 2019, 233:5, eff. July 12, 2019.

    141-A:6 Maintenance of Reports. 

Critical health problem reports and data shall be maintained by the department in a manner suitable for use for research purposes, and shall be made available to persons as prescribed in RSA 141-A:5.


Source. 1979, 339:1. 1995, 310:175, eff. Nov. 1, 1995.

    141-A:7 Penalty. 

Whoever violates the provisions of this chapter shall be guilty of a misdemeanor.


Source. 1979, 339:1, eff. Aug. 21, 1979.

    141-B:1 Title. 

This chapter shall be known and may be cited as the "chronic disease prevention, assessment and control act."


Source. 1985, 392:1, eff. July 1, 1985.

    141-B:10 Maintenance of Reports. 

Reports provided to the cancer registry under RSA 141-B:7, and analyses and data prepared under RSA 141-B:4, II, III, and V shall be maintained by the department in a manner suitable for chronic disease and cancer research purposes, and shall be available to persons as prescribed in RSA 141-B:9.


Source. 1985, 392:1. 1995, 310:175, eff. Nov. 1, 1995.

    141-B:2 Purpose. 

The purpose of this chapter is to authorize the establishment of activities for the prevention, assessment, and control of chronic diseases which may be attributed to the environment, individual lifestyle, or the workplace.


Source. 1985, 392:1, eff. July 1, 1985.

    141-B:3 Definitions. 

As used in this chapter:

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.

III. "Chronic disease" means any disease, illness, impairment, or other physical condition which requires medical care and treatment over a prolonged period. In general, such diseases, while amenable to treatment, are irreversible in nature and frequently progress to increasing disability or death.

IV. "Prevention services" means organized activities which are capable of reducing the incidence and prevalence of chronic disease.

V. "Risk assessment" means the measurement and evaluation of specific lifestyle and environmental conditions to determine the presence of and extent of the threat resulting from these factors that may increase the risk of developing chronic disease.

VI. "Facility" means a governmental or private agency, department, institution, clinic, laboratory, hospital, health maintenance organization, association, physician, or other similar unit diagnosing or providing treatment for cancer.

VII. "Screening" means activities which may be used to identify the earliest signs of a chronic disease.


Source. 1985, 392:1. 1995, 310:92, eff. Nov. 1, 1995.

    141-B:4 Duties. 

The commissioner shall:

I. Educate the public regarding factors associated with the risk of developing chronic diseases;

II. Monitor the morbidity and mortality of chronic diseases;

III. Evaluate available health data for use in delivering prevention services;

IV. Offer screening and prevention services to population groups at risk of developing chronic disease; and

V. Undertake risk assessment activities.


Source. 1985, 392:1. 1995, 310:183, eff. Nov. 1, 1995.

    141-B:5 Cancer Registry Established. 

There shall be established in the department a cancer registry for compilation and analysis of information relating to the incidence, diagnosis, and treatment of cancer.


Source. 1985, 392:1. 1995, 310:175, eff. Nov. 1, 1995.

    141-B:6 Repealed by 2008, 144:1, I, eff. Aug. 5, 2008. 

    141-B:7 Reporting. 

All facilities shall provide a report to the cancer registry, including social security numbers if persons were given the option at the original point of collection to provide social security numbers voluntarily, containing information regarding a cancer diagnosed or being treated. Each report of cancer shall include items listed in rules adopted under RSA 541-A in accordance with the elements listed in the North American Association of Central Cancer Registries, Standards for Cancer Registries as amended from time to time and available. The department shall review any such amendment and if it determines that an amendment is not appropriate for New Hampshire, the amendment shall not be incorporated into the rules or be implemented by the department.


Source. 1985, 392:1. 2003, 309:5. 2008, 369:1, eff. Sept. 9, 2008.

    141-B:8 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Conducting prevention and screening services and delivering education programs;

II. Content and design of all forms and reports required by this chapter;

III. The procedures for disclosure of information gathered by the cancer registry, by monitoring and evaluating health data, and from completed risk assessments; and

IV. [Repealed.]


Source. 1985, 392:1. 1995, 310:183. 2012, 171:26, V, eff. Aug. 10, 2012.

    141-B:9 Disclosure;  Confidentiality. 

I. A report provided to the cancer registry disclosing the identity of an individual, who was reported as having a cancer, shall only be released to persons demonstrating a need which is essential to health-related research, except that the release shall be conditioned upon the personal identities remaining confidential.

II. Analyses and compilations of data prepared under RSA 141-B:4 which do not disclose the identity of an individual and which cannot be used to surmise an identity shall be available to the public under RSA 91-A.

III. The physician-patient privilege shall not apply to reports prepared pursuant to RSA 141-B:7.


Source. 1985, 392:1, eff. July 1, 1985.

    141-C:1-a Medical Freedom in Immunizations. 

I. Every person has the natural, essential, and inherent right to bodily integrity, free from any threat or compulsion by government to accept an immunization. Accordingly, no person may be compelled to receive an immunization for COVID-19 in order to secure, receive, or access any public facility, any public benefit, or any public service from the state of New Hampshire, or any political subdivision thereof, including but not limited to counties, cities, towns, precincts, water districts, school districts, school administrative units, or quasi-public entities.

II. Paragraph I shall not:

(a) Limit the commissioner's authority to order treatment pursuant to RSA 141-C:15 or RSA 141-C:18, nor to order quarantine pursuant to RSA 141-C:11 or RSA 141-C:18.

(b) Supersede the requirement for vaccination as a prerequisite for admission to a school or child care agency pursuant to RSA 141-C:20-a, II.

(c) Supersede the involuntary emergency admission process pursuant to RSA 135-C:27-33; the revocation of conditional discharge process under RSA 135-C:51; or involuntary treatment of patients compliant with RSA 135-C:57, III.

(d) Limit treatment authorized by a guardian over a person; or short term treatment of a personal safety emergency declared by a licensed physician or nurse practitioner in a psychiatric care setting, or authorized by a surrogate decision maker or durable power of attorney for health care delegated by the person while competent to make decisions for them during periods when they are not competent, pursuant to RSA 137-J.

(e) Apply to a county nursing home, the New Hampshire state hospital, or any other medical facility or provider operated by the state of New Hampshire or any political subdivision identified in paragraph I, which is subject to a valid and enforceable Medicare or Medicaid condition of participation that imposes a vaccination requirement. Such facilities or providers shall, upon the request of an individual for whom vaccination is required under federal regulations promulgated by the Centers for Medicare and Medicaid Services, grant such exemption on medical or religious grounds, subject to the conditions established in subparagraphs (1) and (2).

(1) The written request for a religious exemption shall simply state: "I, (insert requestor's name), hereby attest that I sincerely hold religious beliefs and/or engage in religious practices or observances that dictate the refusal to accept the required vaccination(s). (Insert requestor's signature and date.)" With the assistance of the employee, the employer shall document and evaluate the request to ensure that the individual submitting the request is covered under the organization's vaccine policy, that the request is submitted on the appropriate form, and that the requestor has properly signed and dated the form. The employer shall record the date upon which the request was received in accordance with company policy. The employer shall maintain the request in organization records for a period of not less than one year. The employer may deny the request for a religious exemption in cases in which there is a compelling rationale or evidence to believe the employee is acting fraudulently.

(2) The written request for a medical exemption shall include documentation as required under federal regulations promulgated by the Centers for Medicare and Medicare Services. The employer shall evaluate the request to ensure that the individual submitting the request is covered under the organization's vaccine policy, that the request is submitted on the appropriate form, and that the requestor has properly signed and dated the form. The employer shall record the date upon which the request was received in accordance with company policy. The employer shall maintain the request in organization records for a period of not less than one year.

III. The department of corrections may mandate medical treatment or immunization for inmates when a direct threat exists as defined in 28 CFR section 36.208.


Source. 2021, 131:1, eff. July 23, 2021. 2022, 269:1, eff. Aug. 23, 2022.

    141-C:1 Policy. 

The outbreak and spread of communicable disease cause unnecessary risks to health and life, interfere with the orderly workings of business, industry, government, and the process of education, and disrupt the day-to-day affairs of communities and citizens. Because the control of communicable disease may be attained by personal actions, the timely intervention of medical practices, and cooperation among health care providers, federal, state, and municipal officials, and other groups and agencies, it is hereby declared to be the policy of this state that communicable diseases be prevented, and that such occurrences be identified, controlled, and, when possible, eradicated at the earliest possible time by application of appropriate public health measures and medical practices.


Source. 1986, 198:21, eff. Aug. 2, 1986.

    141-C:10 Disclosure;  Confidentiality. 

I. Any protected health information provided to or acquired by the department under this chapter shall be released only with the informed, written consent of the individual or to those authorized persons having a legitimate need to acquire or use the information and then only so much of the information as is necessary for such persons to provide care and treatment to the individual who is the subject of the protected health information, investigate the causes of disease transmission in the particular case, or control the spread of the disease among the public. Any release of information under this section without the informed, written consent of the individual shall be conditioned upon the protected health information remaining confidential.

II. Analyses and compilations of data which do not disclose protected health information shall be available to the public under RSA 91-A.

III. The physician-patient privilege shall not apply to information required to be reported or provided to the commissioner under this chapter.

IV. The department shall acquire and retain only the minimum amount of information, specimens, and samples relating to individuals necessary to carry out its obligations under this chapter. The department shall adopt rules, pursuant to RSA 541-A, relative to the types of information, specimens, and samples to be acquired and the length of time such information, specimens, and samples shall be retained before being destroyed. Any genetic testing of specimens and samples shall be limited to the viruses, bacteria, fungi, or other micro-organisms therein.

V. The department may share information with town and city health officers acting in accordance with their duties under RSA 141-C:5, provided the health officer has signed a confidentiality agreement at the time of his or her appointment under RSA 128 and has presented proof of successful completion of training on adherence to applicable confidentiality and security laws and regulations required when assisting the department of health and human services under RSA 141-C:5. All sharing of confidential information under this section shall be in accordance with this section and pursuant to 45 C.F.R. 164.512(b).


Source. 1986, 198:21. 1994, 208:3. 1995, 310:183. 2002, 258:13, eff. July 1, 2002. 2021, 61:8, eff. Aug. 3, 2021.

    141-C:11 Isolation and Quarantine. 

I. Whenever it is necessary to prevent the introduction or spread of communicable diseases within this state or from another state, or to restrict such diseases if introduced, and when such communicable diseases pose a substantial threat to the health and life of the citizenry, the commissioner shall establish isolation or quarantine for persons who are cases or carriers, or suspected cases or carriers of communicable diseases, and establish quarantine for commodities, conveyances, baggage and cargo that are carriers or suspected carriers of the communicable diseases by written order prepared in accordance with RSA 141-C:12. Such isolation or quarantine shall be by the least restrictive means necessary to protect the citizenry which, in the case of an individual, shall be at a place of his or her choosing unless the commissioner determines such place to be impractical or unlikely to adequately protect the public health. The commissioner shall adopt such rules regarding the establishment, maintenance and lifting of isolation and quarantine as the commissioner may deem best for protecting the health of the public.

II. When a conveyance, operator, crew, passenger, baggage, cargo or commodity is placed in isolation or quarantine, the owners, consignees, assignees and operators shall submit to such investigations as authorized by RSA 141-C:9, I, regarding any circumstance or event concerning the health of the operator, crew, passengers and the sanitary condition of the conveyance, baggage, cargo or commodity. The operator, crew and passengers shall submit to such examinations, as authorized by RSA 141-C:9, II, as the commissioner may determine appropriate.

III. The commissioner may, in ordering isolation or quarantine of persons, require that treatment be obtained in accordance with rules adopted under RSA 141-C:15.

IV. The order of quarantine for commodities, conveyances, baggage and cargo may require, as a condition for lifting the quarantine, that decontamination be performed. The commissioner shall adopt such rules pursuant to RSA 541-A as are necessary for the performance of decontamination.


Source. 1986, 198:21. 1995, 310:183. 2002, 258:20, eff. July 1, 2002.

    141-C:12 Orders. 

I. The commissioner, in imposing isolation and quarantine under RSA 141-C:11, in requiring treatment under RSA 141-C:15, or in excluding children under RSA 141-C:20-d, shall do so by written order. The order shall include, as appropriate, the following information:

(a) The cause of the quarantine or isolation.

(b) The location of quarantine or isolation.

(c) When appropriate, that decontamination be performed on commodities, conveyances, baggage and cargo.

(d) When treatment is required as part of the order, where such treatment is available and, if applicable, what effect the receipt of treatment may have on the conditions of isolation and quarantine.

(e) The period of duration of isolation or quarantine.

(f) The commissioner's signature.

(g) The reason and length of time for the exclusion of children from schools and child care facilities.

II. Orders issued under this section shall be complied with immediately.

III. When an individual subject to an order for isolation or quarantine refuses to cooperate with such order, the commissioner may issue a complaint, which shall be sworn to before a justice of the peace. Such complaint shall set forth the reasons for the order imposing isolation or quarantine and the place or facility where the individual shall be isolated or quarantined. Upon being presented with such an order, any law enforcement officer shall take such individual into custody and transport the individual to the place or facility where the individual is to be isolated or quarantined.


Source. 1986, 198:21. 1987, 193:5, 6. 1995, 310:94, 183. 2002, 258:14, eff. July 1, 2002.

    141-C:13 Evading Quarantine;  Breaking Quarantine. 

I. If, after an order is issued under RSA 141-C:12, any commodity, conveyance, cargo or baggage is not removed to the place of quarantine or is not decontaminated or is brought near any dwelling house, facility, or housing providing services to people, or near any place of business or manufacture without the permission of the commissioner or his designee, the commissioner shall petition the superior court to review the order.

II. If any person ordered to undergo isolation or quarantine leaves such place of quarantine, a place designated by the commissioner for the decontamination of commodities, conveyances, baggage and cargo under quarantine, or a place of treatment and care of persons under isolation or quarantine without the permission of the commissioner or his designee, the commissioner shall petition the superior court for review of the order.

III. When an individual subject to an order for isolation or quarantine refuses to cooperate with such order, the commissioner may issue a complaint, which shall be sworn to before a justice of the peace. Such complaint shall set forth the reasons for the order imposing isolation or quarantine and the place or facility where the individual shall be isolated or quarantined. Upon being presented with such an order, any law enforcement officer shall take such individual into custody and transport the individual to the place or facility where the individual is to be isolated or quarantined.


Source. 1986, 198:21. 1995, 310:183. 2002, 258:15, eff. July 1, 2002.

    141-C:14-a Due Process. 

I. Any person subject to an order for submission of a specimen, or for examination, immunization, treatment, isolation, quarantine, provision of information, inspection of a building or conveyance, or any other order of the commissioner under this chapter or RSA 21-P:53, may request a hearing in the superior court to contest such order. The commissioner shall provide, or cause to be provided, to the person both oral and written notice of the right to contest the order and the form for making the request, which form shall require no more than the person's name, address, and signature and the time and date of the signature.

II. Submission of the completed form to the law enforcement officer or other individual serving the order shall be considered a filing with the superior court and such officer or other individual shall promptly deliver the form to the superior court.

III. The superior court shall schedule a hearing and render a decision upon the request within 48 hours of the time the request was made. If the court determines that exigencies related to protection of the health of the public preclude a hearing and decision within the 48-hour period, the hearing and decision may take place within a suitable time as determined by the court, but in no event later than 120 hours after the time the request was made.

IV. No examination, specimen, immunization, treatment, or other action shall be required against the will of a person who has filed a request for a hearing. A person may be held in isolation or quarantine pending the outcome of the court hearing, but may no longer be held if the court fails to render its decision within the time period required under paragraph III.

V. At the hearing the burden of proof shall be on the commissioner to prove by clear and convincing evidence that the person poses a threat to public health, or that the information to be produced or inspection of a building or conveyance is necessary to protect against a serious threat to the public health, and the order issued by the commissioner is thereby warranted to alleviate such threat.

VI. All orders issued under this chapter shall be in writing and a copy shall be provided to the person subject to the order at the time it is served. Every person who contests an order of the commissioner under this chapter shall be given a copy of the executed form contesting such order.

VII. Nothing in this chapter shall be construed to require the medical examination, medical treatment, or immunization of a person who objects, and no criminal penalties shall be imposed as a result. Notwithstanding this paragraph, such a person may be subject to isolation or quarantine for the minimum period necessary to protect the public health, as determined by the court in its decision following the hearing pursuant to this section.


Source. 2002, 258:16. 2008, 271:2, 3, eff. June 26, 2008.

    141-C:14 Invading Isolation;  Quarantine. 

If any person shall, without permission of the commissioner, his designee, or a health officer acting on the request of the commissioner, enter a place of isolation or quarantine, board a conveyance under quarantine, enter the limits of a place designated for the decontamination of cargo or baggage under quarantine, or enter a place designated for the treatment of persons placed under isolation or quarantine and such person is not an employee or agent of the facility providing such treatment, he shall be considered infected and ordered to undergo isolation or quarantine under RSA 141-C:11. He shall remain there at his own expense until the commissioner determines that there is no threat to the citizenry by virtue of the exposure to the cause of isolation or quarantine.


Source. 1986, 195:21. 1995, 310:183, eff. Nov. 1, 1995.

    141-C:15-a Administration of Certain Prescription Medication for Treatment or Prevention of a Communicable Disease. 

I. Notwithstanding the provisions of RSA 326-B:2, I-a, and RSA 329:1-c, a health care professional authorized to prescribe prescription medication for the treatment or prevention of a communicable disease may prescribe, dispense, or distribute directly or by standing order, drugs and testing to a patient he or she did not evaluate and with whom there is no established health care provider-patient relationship to empirically treat for, or provide an agent or prophylaxis to prevent, a communicable disease that poses a threat to public health. Any such prescription shall be regarded as being issued for a legitimate medical purpose and in accordance with established clinical practice guidelines, when available.

II. Communicable diseases that pose a threat to public health for the purposes of paragraph I shall be limited to the following:

(a) Bordetella pertussis, Chlamydia trachomatis, Neisseria gonorrhea, and Neisseria meningitis; or

(b) Diseases that constitute an immediate threat to public health and for which the commissioner, or designee, declares a public health incident under RSA 508:17-a or issues clinical guidance that requests providers to consider prescribing, dispensing, or distributing immunizing agents or drugs under paragraph I in order to control a disease outbreak.

III. No health care professional who, acting in good faith and with reasonable care, prescribes, dispenses, or distributes an agent or drug and testing for the treatment or prevention of a communicable disease as described in paragraph I, shall be subject to any criminal or civil liability, or any professional disciplinary action, for any action authorized by this section or any outcome resulting from an action authorized by this section.


Source. 2017, 42:2, eff. May 9, 2017. 2020, 39:2, eff. July 29, 2020.

    141-C:15 Treatment, Care of Sick;  Costs. 

I. Any person infected with a communicable disease, or reasonably suspected of being infected with a communicable disease, and whose continued presence among the citizenry poses a significant threat to health and life, shall be ordered by the commissioner under RSA 141-C:11, to report to a health care provider or health care facility to undergo such treatment and care as the commissioner may deem necessary to eliminate the threat. The commissioner shall adopt rules, pursuant to RSA 541-A, necessary to issue and carry out such orders for treatment and to restrict and control communicable disease through treatment.

II. If the person subject to the order cannot be removed to a health care provider or to a health care facility for treatment without danger to his life or to the citizenry, the commissioner shall impose isolation or quarantine under RSA 141-C:11 and shall arrange for treatment and care as necessary to mitigate the threat.

III. The commissioner shall assist indigent persons who are infected with tuberculosis and supply them with anti-tuberculosis drugs for treatment and preventative therapy, chest x-rays, and such physical examinations as necessary to monitor the course of treatment and therapy.

IV. The cost of treatment and care, except treatment provided under RSA 141-C:15, III, and physical examinations under RSA 141-C:9 and RSA 141-C:18, shall be a cost to the person, or his parent or guardian, or, if such person is indigent, from such public funds available for such purposes. Costs of physical examinations and treatment and care provided to the operator, passengers and crew of conveyances who are, or might have been, infected by means of the conveyance, shall be a cost to the owner, consignee or assignee of the conveyance.

V. The cost for maintenance of quarantine for commodities, conveyances, cargo and baggage, and for the decontamination of commodities, conveyances, cargos and baggage, shall be a cost to the owner, consignee or assignee of the commodity or conveyance.

VI. When an individual subject to an order for treatment by the commissioner refuses to undergo such ordered treatment, the commissioner may issue a complaint, which shall be sworn to before a justice of the peace. Such complaint shall set forth the reasons for the order imposing treatment, the nature of the treatment to be provided, and the place or facility where the treatment shall be provided. Upon being presented with such an order, any law enforcement officer shall take such individual into custody and transport the individual to the place or facility where the treatment is to be provided.


Source. 1986, 198:21. 1995, 310:183. 2002, 258:17, eff. July 1, 2002.

    141-C:16-a Closure;  Decontamination. 

I. The commissioner, with the written approval of the governor, may close, direct, and compel the evacuation and decontamination of any building located within the state that is accessible to the public, such as businesses, primary and secondary schools, and universities, regardless of whether publicly or privately owned, when there is reasonable cause to believe the building may present an imminent danger to the public health. The commissioner may also cause any material located within or on the grounds of a building to be decontaminated or destroyed when there is reasonable cause to believe that the material may present imminent danger to the public health. Destruction of any material under this chapter shall be considered a taking of private property and shall be subject to the compensation provisions of RSA 4:46.

II. Notice shall be made by posting notice on all means of ingress or egress of the building and, within 24 hours of posting, mailing the notice, return receipt requested, to the owner of record. The notice shall state the reason for the action and its anticipated duration.

III. Orders issued pursuant to this section shall be effective immediately and shall remain in effect in accordance with this section unless the superior court issues a decision directing otherwise. Any person who is aggrieved by an order pursuant to this section may request a hearing in the superior court to contest that order. The superior court shall schedule and hold a hearing and issue a decision within 5 working days of the court's receipt of the request for a hearing, unless a shorter period is required for review. At the hearing, the burden of proof shall be on the commissioner to prove by clear and convincing evidence that the action taken is reasonably necessary to protect the health of the public.

IV. Orders issued under this section shall be subject to the due process provisions of RSA 141-C:14-a.


Source. 2002, 258:22. 2008, 336:1, eff. July 7, 2008.

    141-C:16-b Cancellation of Events. 

The commissioner, with the written approval of the governor, may order the cancellation of public gatherings and events within the state, or in specific geographic areas of the state, as is deemed necessary to prevent an imminent danger to the public health. Notice of any order canceling a public gathering or event shall be made in writing, shall specify the reason for the cancellation, and shall be delivered to the organizer of the event or owner of the venue where the event was to occur in a manner that will give as much notice prior to the cancellation as is reasonably possible. Notice shall also be given to the public in a manner that is reasonably likely to be available to the members of the public affected by the order. Such order shall be effective immediately and shall remain in effect in accordance with this section unless the superior court issues a decision directing otherwise. Any person who is aggrieved by an order pursuant to this section may request a hearing in the superior court to contest that order. The superior court shall schedule and hold a hearing and issue a decision within 5 working days of the court's receipt of the request for a hearing, unless a shorter period is required for review. At the hearing, the burden of proof shall be on the commissioner to prove by clear and convincing evidence that cancellation of the public gathering or event is reasonably necessary to protect the health of the public.


Source. 2008, 336:2, eff. July 7, 2008.

    141-C:16 Mode of Treatment and Care. 

Nothing in this chapter shall be construed to authorize the commissioner to restrict in any manner a person's right to select the mode of treatment of his choice, or to refuse treatment, when treatment is ordered by the commissioner under RSA 141-C:15, I, or to request any physical examination or treatment of a person who in good faith relies upon spiritual means or prayer for healing. Such reliance or treatment or refusal of treatment shall not be considered a danger or menace to others under any provisions of this chapter; provided, however, that there is compliance with the sanitary, isolation and quarantine laws and rules adopted under this chapter. This section shall not be construed to prevent a parent or guardian from exercising his legal responsibilities.


Source. 1986, 198:21. 1995, 310:183, eff. Nov. 1, 1995.

    141-C:17-a Vaccine Purchase Fund. 

There is hereby established a vaccine purchase fund for the purchase of antitoxins, serums, vaccines and immunizing agents, which are to be provided to the public at no cost except for the actual cost of administering such agents, under RSA 141-C:17. Any funds provided to the department for this purpose and deposited in the fund shall not be used for any other purpose. Moneys in the fund shall be continually appropriated to the commissioner of the department of health and human services.


Source. 1991, 280:1. 1995, 310:175, 182, eff. Nov. 1, 1995.

    141-C:17-b Custody;  Rationing. 

If there is a statewide or regional shortage or threatened shortage of any anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents, or mechanical equipment, and such shortage poses a serious threat to the public health, the commissioner, with the written approval of the governor, may control, restrict, and ration the use, sale, dispensing, distribution, or transportation of such agents as necessary to best protect the health, safety, and welfare of the people of this state. In making rationing or other supply and distribution decisions, the commissioner may determine the preference and priority for distribution of such agents, such as giving preference to health care providers and emergency response personnel. The commissioner, with the written approval of the governor, shall have the discretion to take custody of all supplies of specific anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents, or mechanical equipment, existing within the state to ensure that such agents are distributed and utilized appropriately. Notice of an order issued pursuant to this section shall be given in writing to the owner of the personal property, or, if the owner cannot be readily determined, to the person in charge of the location where the personal property is located. The notice shall specify the reason for the action and its expected duration. Such order shall be effectively immediately and shall remain in effect in accordance with this section unless the superior court issues a decision directing otherwise. The owner of any property subject to an order issued pursuant to this section may request a hearing in the superior court to contest that order. The superior court shall schedule and hold a hearing and issue a decision within 5 working days of the court's receipt of the request for a hearing, unless a shorter period is required for review. At the hearing, the burden shall be on the commissioner to prove by clear and convincing evidence that the order is reasonably necessary to protect the health, safety, and welfare of the public. Multiple requests for hearings under this section may be consolidated into one hearing if the underlying facts are similar, the court deems such consolidation to be appropriate, and the court determines that such consolidation will adequately satisfy the due process rights of the persons who requested a hearing.


Source. 2008, 336:3, eff. July 7, 2008.

    141-C:17-c Compensation and Expenditures. 

Items taken by the commissioner pursuant to the provisions of this chapter shall be subject to the compensation provisions of RSA 4:46, but in no event shall the owner thereof be entitled to more than the Medicaid rate for the item that was in effect at the time of the taking. Notwithstanding the provisions of RSA 9:19-9:21, the commissioner may make such expenditures as necessary to carry out the provisions of this chapter; provided, that expenditures are made from funds appropriated to the department that the commissioner determines to be available for this purpose and information regarding the expenditures is promptly submitted to the fiscal committee of the general court and the governor and council.


Source. 2008, 336:3, eff. July 7, 2008.

    141-C:17 Purchase;  Distribution. 

The commissioner may purchase and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics and other pharmaceutical agents which the commissioner deems advisable to prevent, prepare for, or respond to an outbreak of communicable disease or other serious threat to the public health. Any medications distributed in the event of a public health incident declared pursuant to RSA 508:17-a shall be exempt from labeling in accordance with RSA 318:47-b. State employees and other persons acting under the authority and direction of the commissioner may carry out the activities authorized under this section.


Source. 1986, 198:21. 1990, 61:3. 1994, 208:8. 1995, 310:183. 2008, 271:4, eff. June 26, 2008.

    141-C:18 Sexually Transmitted Disease. 

I. The commissioner may request the examination, and order isolation, quarantine, and treatment of any person reasonably suspected of having been exposed to or of exposing another person or persons to a sexually transmitted disease. Any order of treatment issued under this paragraph shall be in accordance with RSA 141-C:11, RSA 141-C:12, and RSA 141-C:15.

II. Any minor 14 years of age or older may voluntarily submit himself to medical diagnosis and treatment for a sexually transmitted disease and a licensed physician may diagnose, treat or prescribe for the treatment of a sexually transmitted disease in a minor 14 years of age or older, without the knowledge or consent of the parent or legal guardian of such minor.


Source. 1986, 198:21. 1995, 310:183, eff. Nov. 1, 1995.

    141-C:19 Laboratory Support Services;  Rules. 

I. The commissioner shall make available laboratory tests for the early detection and control of communicable diseases such as acquired immune deficiency syndrome, rubella, herpes virus, legionnaire's disease, eastern equine encephalitis, viral hepatitis, chlamydia, rabies, rotavirus, rubeola, influenza, salmonella, pertussis and toxoplasmosis.

II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to adding to the list of communicable diseases in paragraph I for which testing shall be available and establishing a fee schedule for all tests available under this section. The commissioner may waive such fees when it is in the best interest of the health of the public to do so.


Source. 1986, 198:21. 1995, 310:183, eff. Nov. 1, 1995.

    141-C:2 Definitions. 

In this chapter:

I. "Agent" means any individual authorized by the commissioner to assist in carrying out the provisions of this chapter.

II. "Baggage" means the personal belongings of travelers. Such personal belongings need not be in the personal possession of the traveler.

III. "Care" means the furnishing of necessary services to a person infected with a communicable disease. The term includes provisions for shelter, food, and such other services that the person is unable to provide for himself due to his infection or its physical effects.

IV-a. "Child" means any person between birth and 18 years of age.

IV-b. "Child care agency" means "child day care agency" as defined in RSA 170-E:2, IV and "child care agency" as defined in RSA 170-E:25, II.

V. "Commodity" means any animal or animal product, plant or plant product, or inanimate material intended to be sold or distributed to the public.

VI. "
Communicable disease
" means illness due to a microorganism, virus, infectious substance, biological product that may be engineered as a result of biotechnology, or any naturally occurring or bioengineered component of any such microorganism, virus, infectious substance, or biological product, which may be transmitted directly or indirectly to any person from an infected person, animal or arthropod (including insecta or arachnida) or through the vehicle of an intermediate host, vector, or inanimate environment.

VII. "Conveyance" means any vessel, aircraft, motor vehicle or other mode of transportation which is engaged in the transport of passengers, baggage, or cargo.

VIII. "Decontamination" means the act of rendering anything free from the causal agents of communicable disease.

IX. "Commissioner" means the commissioner of department of health and human services, or his designee.

X. "Department" means the department of health and human services.

X-a. "
Health care provider
" means any person who or entity which provides health care services including, but not limited to, hospitals, medical clinics and offices, clinical laboratories, physicians, naturopaths, chiropractors, pharmacists, dentists, registered and other nurses, and nurse practitioners, paramedics, and emergency medical technicians.

XI. "Health officer" means any individual appointed under RSA 128:1 or employed under RSA 47:12.

XI-a. "Immunization" means inoculation with a specific antigen to promote antibody formation in the body.

XI-b. "Immunizing agent" means a vaccine, antitoxin, or other substance used to increase a person's immunity to a disease.

XII. "Isolation" means the separation, for the period of communicability, of infected persons from others in such places and under such conditions as to prevent or limit the direct or indirect transmission of the infectious agent from those infected to those who are susceptible or who may spread the agent to others.

XII-a. "
Protected health information
" means any information, whether in oral, written, electronic visual, or any other form, that relates to an individual's physical or mental health status, condition, treatment, service, products purchased, or provision of care, and that reveals the identity of the individual whose health care is the subject of the information, or where there is a reasonable basis to believe such information could be utilized (either alone or with other information that is, or should reasonably be known to be, available to predictable recipients of such information) to reveal the identity of that individual.

XIII. "Quarantine" means the restriction of activities of well persons who have been exposed to a case of communicable disease, during its period of communicability, to prevent disease transmission during the incubation period if infection should occur. It also means the detention of a conveyance, commodity, baggage, or cargo in a separate place for such time as may be necessary and during which decontamination may be carried out.

XIII-a. "School" means any facility which provides primary or secondary education.

XIV. "Treatment" means the provision of medical services to prevent, control, or eliminate the infection of a person by a communicable disease.


Source. 1986, 198:21. 1987, 193:1-3. 1990, 257:1. 1994, 208:1. 1995, 310:93, 183. 2002, 258:6-8, eff. July 1, 2002.

    141-C:20-a Immunization. 

I. All parents or legal guardians shall have their children who are residing in this state immunized against certain diseases. These diseases shall include, but not be limited to, diphtheria, mumps, pertussis, poliomyelitis, rubella, rubeola, and tetanus. The commissioner shall adopt rules under RSA 541-A relative to other diseases which require immunization.

II. No child shall be admitted or enrolled in any school or child care agency, public or private, unless the following is demonstrated:

(a) Immunization under paragraph I;

(b) Partial immunization relative to the age of the child as specified in rules adopted by the commissioner; or

(c) Exemption under RSA 141-C:20-c.

III. Nothing in this section shall require an immunization/vaccination requirement for diseases that are noncommunicable. 
Noncommunicable disease
 means a disease that is not infectious or transmissible from person-to-person.


Source. 1987, 193:7. 1995, 310:183, eff. Nov. 1, 1995. 2017, 137:1, eff. Aug. 15, 2017.

    141-C:20-b Records. 

I. Any person who immunizes a child shall complete a form to be supplied by the commissioner and shall give the completed form to the parent or legal guardian.

II. Schools and child care agencies shall keep immunization records for all enrolled children. Such records shall be available for inspection during reasonable hours upon request by the commissioner or his designee.


Source. 1987, 193:7. 1995, 310:183, eff. Nov. 1, 1995.

    141-C:20-c Exemptions. 

A child shall be exempt from immunization if:

I. A physician licensed under RSA 329, or a physician exempted under RSA 329:21, III, certifies that immunization against a particular disease may be detrimental to the child's health. The exemption shall exist only for the length of time, in the opinion of the physician, such immunization would be detrimental to the child. An exemption from immunization for one disease shall not affect other required immunizations.

II. A parent or legal guardian objects to immunization because of religious beliefs. The parent or legal guardian shall sign a form stating that the child has not been immunized because of religious beliefs.


Source. 1987, 193:7. 2001, 18:1, eff. Jan. 1, 2002. 2022, 55:1, eff. July 19, 2022.

    141-C:20-d Exclusion During Outbreak of Disease. 

During an outbreak of a communicable disease for which immunization is required under RSA 141-C:20-a, children exempted under RSA 141-C:20-c shall not attend the school or child care agency threatened by the communicable disease. The commissioner shall prepare a written order as required under RSA 141-C:12, I.


Source. 1987, 193:7. 1995, 310:183, eff. Nov. 1, 1995.

    141-C:20-e Immunization Reports. 

Schools and child care agencies, whether public or private, shall make an annual report to the commissioner relative to the status of immunization of all enrolled children.


Source. 1987, 193:7. 1995, 310:183, eff. Nov. 1, 1995.

    141-C:20-f Immunization Registry. 

I. The department shall establish and maintain a state immunization registry. The registry shall be a single repository of accurate, complete and current immunization records to aid, coordinate, and promote effective and cost-efficient disease prevention and control efforts.

II. No patient, or the patient's parent or guardian if the patient is a minor, shall be required to participate in the immunization registry.


[Paragraph II-a effective July 1, 2023.]



II-a. Each patient, or the patient's parent or guardian if the patient is a minor, shall be given the opportunity to opt-out or opt-in to the immunization registry. No patient's personal data, such as name, address, date of birth, immunization, or vaccination information, shall be entered into the registry without the explicit, written or electronic consent of the patient, or the patient's parent or guardian.

III. Physicians, nurses, and other health care providers may report an immunization to the immunization registry unless the patient, or the patient's parent or guardian if the patient is a minor, refuses to allow reporting of this information.

III-a. A patient, or the patient's parent or guardian if the patient is a minor, may withdraw from participation in, and request the removal of information from, the registry at any time by submitting a request for withdrawal directly to the department of health and human services. The form shall be signed by a health care provider, or the form shall be notarized by an official authorized by a governmental authority to notarize the signature. If the patient is a minor, the form shall require the signature of a health care provider or the notarized signature of the minor's parent or legal guardian. The form provided by the department shall include information and consequences of withdrawing from the registry and that the responsibility to maintain vaccination records becomes the responsibility of the patient or the patient's parent or guardian if the patient is a minor.

IV. Access to the information in the registry shall be limited to primary care physicians, nurses, other appropriate health care providers as determined by the commissioner, schools, child care agencies, and government health agencies or researchers demonstrating a legitimate need for such information as determined by the commissioner.

V. The information contained in the registry shall be used for the following purposes:

(a) To ensure that registrants receive all recommended immunizations in a timely manner by providing access to the registrant's immunization record.

(b) To improve immunization rates by facilitating notice to registrants of overdue or upcoming immunizations.

(c) To control communicable diseases by assisting in the identification of individuals who require immediate immunization in the event of a disease outbreak.

VI. The commissioner shall adopt rules under RSA 541-A concerning the following:

(a) The establishment and maintenance of the immunization registry.

(b) The methods for submitting and content of reports of immunizations.

(c) Procedures for the patient, or the patient's parent or guardian if the patient is a minor, to decline to participate in the registry.

(d) Procedures for the registrant, or the registrant's parent or guardian if the registrant is a minor, to review and correct information contained in the registry.

(e) Procedures for the registrant, or the registrant's parent or guardian if the registrant is a minor, to withdraw consent for participation at any time and to remove information from the registry.

(f) Limits on and methods of access to the registry by those authorized to gain access under paragraph IV of this section.

(g) Procedures for managed care organizations to obtain summary statistics of immunization information on managed care organization members from the immunization registry.

VII. Any person reporting, receiving, or disclosing information to or from the immunization registry as authorized by this section or by any rule adopted pursuant to this section shall not be liable for civil damages of any kind connected with such submission or disclosure of immunization information.

VIII. Nothing in this section is intended to affect the obligations of persons under RSA 141-C:20-a to have their children properly immunized.

IX. Nothing in this section shall preclude the right of the patient, or the patient's parent or guardian if the patient is a minor, to claim exemption from immunization as defined in RSA 141-C:20-c; nor shall anything in this section require such patient to be included in the registry if the patient, or the patient's parent or guardian if the patient is a minor, objects thereto on any grounds, including but not limited to, that such registry conflicts with the religious beliefs of the patient, or the patient's parent or guardian if the patient is a minor.

X. No health care provider or any other entity identified in paragraph IV shall discriminate in any way against a person solely because that person elects not to participate in the immunization registry.


Source. 1998, 183:3, eff. Aug. 14, 1998. 2022, 74:1, eff. July 19, 2022; 270:1, eff. July 1, 2023; 307:2, eff. Aug. 30, 2022.

    141-C:20 Education. 

The commissioner or his designee shall prepare and distribute such current public information materials relative to the cause, prevention, and treatment of the various communicable diseases and relative to rules adopted under this chapter as may best instruct health care providers and the public in methods of prevention and control of communicable diseases, including proper treatment methods.


Source. 1986, 198:21. 1995, 310:183, eff. Nov. 1, 1995.

    141-C:21 Penalty. 

Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the provisions of RSA 141-C, or of the rules adopted pursuant to it, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.


Source. 1986, 198:21, eff. Aug. 2, 1986.

    141-C:22 Penalty for Sale or Use for Personal Gain. 

Any natural person selling or disposing of any pharmaceutical agents purchased or distributed under RSA 141-C:17 for personal gain shall be guilty of a misdemeanor. Any other person shall be guilty of a felony.


Source. 1986, 198:21. 1990, 61:4, eff. June 5, 1990.

    141-C:23 Injunction. 

A civil action may be instituted in superior court on behalf of the department for injunctive relief to prevent the violation of the provisions of this chapter or rules adopted under this chapter. The court may proceed in the action in a summary manner or otherwise and may enjoin in all such cases any person in violation of any provisions of this chapter or its rules.


Source. 1994, 208:4. 1995, 310:175, eff. Nov. 1, 1995.

    141-C:24 Mosquito Control Districts;  Rulemaking. 

Contiguous municipalities may establish mosquito control districts for the purposes of applying for moneys from the mosquito control fund established in RSA 141-C:25 and for the purposes of applying for spraying permits. The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food shall adopt rules, pursuant to RSA 541-A, relative to the establishment of such mosquito districts. A mosquito control district established pursuant to RSA 430:13 shall be considered a mosquito control district under this chapter.


Source. 2006, 284:1. 2007, 22:1, eff. July 1, 2007.

    141-C:25 Mosquito Control Fund. 

I. There is hereby established a nonlapsing and continually appropriated mosquito control fund to assist cities, towns, and mosquito control districts by providing funding for the purpose of offsetting the cost of mosquito control activities including, but not limited to, the purchase and application of chemical pesticides. The purpose of the fund is to provide financial assistance, when needed, to cities, towns, and mosquito control districts engaging in mosquito control and abatement activities in response to a declared threat to the public health. 

II. In order to be eligible to receive funding, a city, town, or mosquito control district shall have in place a comprehensive mosquito control plan approved by the commissioner. This plan shall include at a minimum:

(a) A list of the pesticides (active ingredient) and methods by which these pesticides will be applied to ensure that the application is done in a safe and proper manner.

(b) Safeguards that will be taken to protect the health of the public, wildlife, and resources within the state including provisions for the measuring and monitoring of residual pesticides in the water and soil.

(c) A comprehensive public awareness campaign geared toward prevention and designed to educate the public about the health risks associated with mosquitoes.

(d) Appropriate abatement measures.

III. (a) The commissioner, in consultation with the Centers for Disease Control and Prevention, and with the concurrence of the governor, may determine that a threat to the public health exists that warrants expedited mosquito control and abatement activities within a city, town, or mosquito control district. Such determination shall be based on local factors which may include:

(1) Historical and current climatic conditions.

(2) Historical and current mosquito population indices.

(3) Historical and current mosquito, veterinary, and human arboviral disease surveillance.

(b) An expedited approval process shall be established for the implementation of mosquito control and abatement activities, including the application of pesticides. The commissioner of the department of agriculture, markets, and food may authorize expedited mosquito control and abatement activities pursuant to this paragraph.

IV. A city, town, or mosquito control district shall be eligible to receive funds if the commissioner determines that:

(a) The city, town, or mosquito control district has a comprehensive mosquito control plan approved by the commissioner in accordance with paragraph II;

(b) The city, town, or mosquito control district has engaged or plans to engage in mosquito control and abatement activities pursuant to paragraph III;

(c) The commissioner, after consultation with the Centers for Disease Control and Prevention, has determined that mosquito control and abatement activities are appropriate to mitigate the public health threat; and

(d) A threat to public health has been determined in accordance with paragraph III.

IV-a. Following a determination of eligibility under paragraph IV, the city, town, or mosquito control district shall be eligible for funding for mosquito control and abatement activities occurring during the same calendar year prior to or after a determination of a public health threat under paragraph III.

V. A city, town, or mosquito control district's receipt of funds, as well as the amount of funding, shall be at the discretion of the commissioner. In exercising his or her discretion, the commissioner shall consider the following criteria:

(a) The nature and degree of the declared threat to the public health.

(b) The nature and degree of the city, town, or mosquito control district's mosquito control and abatement activities in response to the declared threat to the public health.

(c) The city, town, or mosquito control district shall show cause why funding assistance from the mosquito control fund is necessary.

(d) Funding from the mosquito control fund shall not exceed 25 percent of the cost of mosquito control and abatement activities pursuant to the declared threat to the public health.

(e) Funding is available.


Source. 2006, 284:1. 2008, 73:1, eff. July 20, 2008. 2021, 122:35, eff. July 9, 2021.

    141-C:26 Acute Care Centers. 

The commissioner, with the written approval of the governor, may establish, operate, or authorize the operation of temporary acute care centers for the purpose of the delivery of acute medical services to persons who would normally require admission to an acute care hospital, when there is a public health incident as defined in RSA 508:17-a, II(c) and when the acute care hospitals in the area do not have the physical and human resources necessary to meet the demand or anticipated demand for medical care. Any such facility so established or designated shall be exempt from the provisions of RSA 151. The commissioner shall adopt rules, pursuant to RSA 541-A, regarding the facility and staffing requirements, screening and admission criteria, payment and reimbursements, clinical standards, recordkeeping, and discharge criteria for acute care centers. In adopting such rules, the commissioner shall take into consideration, to the extent feasible, the rights and responsibilities of patients set forth in RSA 151:21. For purposes of immunity, actions taken pursuant to this section shall be considered an emergency management function under RSA 21-P:41, I.


Source. 2008, 271:5. 2012, 282:7, eff. June 30, 2015.

    141-C:27 Ethics Oversight Advisory Committee. 

I. There is hereby established an ethics oversight advisory committee to offer advice to the commissioner relative to the ethical issues that may be identified in the course of planning for, and responding to, outbreaks of communicable disease that threaten to become epidemic or pandemic and to review and provide recommendations for investigations, orders, and treatment ordered by the commissioner.

II. The committee shall:

(a) Consider the ethical implications of any of the powers that may be exercised by the commissioner under the provisions of this chapter including, but not limited to, the confiscation, distribution, and rationing of anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents, and mechanical equipment; the issuance and enforcement of orders of isolation, quarantine, medical examination, and medical treatment; issues relative to information sharing and confidentiality; and the provisions for due process for orders issued pursuant to this chapter.

(b) Review, at least annually, a report of investigations conducted pursuant to RSA 141-C:9 and orders issued under RSA 21-P:53, V and VI, and provide recommendations to the department. Any information furnished to the committee shall be aggregated and de-identified. The department shall not share any confidential information with the committee.

(c) Consider the competing rights of disabled persons who might be unable to comply with certain orders, health care workers who are entitled to a safe workplace, and the need to protect the public from communicable disease, and may recommend modification of orders to address specific concerns.

(d) Consider both the need to protect the most vulnerable members of society as well as the need for the most efficacious means to control a public health emergency when consulting with the commissioner pursuant to RSA 21-P:53, III-b in developing a plan for the distribution of a new treatment or vaccination.

III. The members of the committee shall be as follows:

(a) Two members of the house of representatives, one of whom shall be from the minority party, appointed by the speaker of the house of representatives. The speaker shall give preference to those members who have been trained in ethics.

(b) One member of the senate, appointed by the senate president. The senate president shall give preference to a member who has been trained in ethics.

(c) The commissioner of the department of health and human services, or designee.

(d) The director of the department of health and human services, division of public health services.

(e) The state epidemiologist.

(f) An attorney well-versed in medical ethics, appointed by the president of the New Hampshire Bar Association.

(g) A physician well-versed in medical ethics, appointed by the president of the New Hampshire Medical Society.

(h) The executive director of the governor's commission on disability, or designee.

(i) A nurse well-versed in medical ethics, appointed by the president of the New Hampshire Board of Nursing.

(j) A psychologist well-versed in ethics, appointed by the president of the New Hampshire Psychological Association.

(k) A professor of ethics currently teaching at a college or university in New Hampshire, appointed by the chairperson elected in paragraph IV.

IV. The committee shall elect one of the legislative members as chairperson. Legislative members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee. The committee shall meet initially within 90 days of the effective date of this section and then as regularly as the chairperson shall direct, but no less than annually.

V. The commissioner may at any time direct questions to the committee or request guidance on ethical issues.

VI. The committee may provide advisory opinions, including draft guidance, guidelines, or protocols, which shall be submitted to the commissioner of the department of health and human services and to the health and human services oversight committee established in RSA 126-A:13 and shall not be binding on the commissioner or any member of the public.


Source. 2008, 336:4, eff. July 7, 2008. 2021, 211:2, eff. Aug. 11, 2021. 2022, 57:1, 2, eff. July 19, 2022; 323:18, eff. Sept. 6, 2022.

    141-C:28 No Conflict With Emergency Management Powers. 

Nothing in this chapter shall be construed to limit or restrict the exercise of the governor's emergency management powers under RSA 4:45-RSA 4:47.


Source. 2008, 336:4, eff. July 7, 2008.

    141-C:3 Duties of Department. 

The department shall:

I. Identify, investigate, and test for communicable diseases posing a threat to the citizens of the state and its visitors.

II. Educate the general public, persons who provide health services to the public, and those persons responsible for the health and well-being of other persons relative to measures that will prevent the contraction of communicable disease, minimize its effects, and impede its spread.

III. Coordinate such medical, municipal, and other services as may be necessary to control, and, when possible, eradicate communicable diseases when they occur.


Source. 1986, 198:21. 1995, 310:175, eff. Nov. 1, 1995.

    141-C:4 Duties of Commissioner. 

The commissioner shall:

I. Identify communicable diseases to be reported to the department under RSA 141-C:8.

II. Investigate outbreaks of communicable diseases under RSA 141-C:9.

III. Establish, maintain, and suspend isolation and quarantine to prevent the spread of communicable diseases under RSA 141-C:11.

IV. Order persons who pose a threat to the life and health of the public to receive such treatment and care as necessary to eliminate the threat under RSA 141-C:15.

V. Purchase and distribute such pharmaceutical agents as may be deemed necessary to prevent the acquisition and spread of communicable disease under RSA 141-C:17.

VI. Provide laboratory services to support the detection and control of communicable disease under RSA 141-C:19.

VII. Educate the public relative to the cause, prevention and treatment of communicable disease and relative to the provisions of this chapter and its rules regarding reporting, investigations, examinations, treatment and care.

VIII. Regulate, in public places, conveyances, and buildings, the use of a common drinking cup under RSA 141-C:6.

IX. Prohibit, in public places, conveyances, or buildings the use of a common towel.

X. Authorize treatment, under the orders of a licensed physician, as may be necessary to carry out the provisions of this chapter.


Source. 1986, 198:21. 1990, 61:1. 1991, 3:1. 1995, 310:175, 183, eff. Nov. 1, 1995.

    141-C:5 Duties of Health Officers. 

Health officers shall:

I. Assist the commissioner, when requested to do so, in the establishment and maintenance of isolation and quarantine in their respective cities and towns, and enforce all rules adopted by the commissioner relative to isolation and quarantine.

II. Attend meetings with the commissioner, when requested, for consultation on matters relating to public health, the restriction and prevention of communicable diseases, or the consideration of other important sanitary matters related to preventing or controlling the spread of communicable diseases.

III. After being informed of isolation and quarantine orders issued pursuant to RSA 141-C:12 to persons in their jurisdiction, inform the commissioner if they identify any substantive non-compliance with the order.

IV. In the event of a public health emergency declared pursuant to RSA 4:45, enforce orders issued pursuant to RSA 4:47.


Source. 1986, 198:21. 1995, 310:183, eff. Nov. 1, 1995. 2021, 61:7, eff. Aug. 3, 2021.

    141-C:6-a Repealed by 2020, 9:3, eff. Nov. 1, 2021. 

    141-C:6 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Identifying communicable diseases to be reported under RSA 141-C:8.

II. The design and content of all forms required under this chapter including forms for reporting communicable diseases under RSA 141-C:8.

III. Reporting required under RSA 141-C:7.

IV. The conduct of investigations carried out under RSA 141-C:9, I.

V. The procedure for disclosure of information under RSA 141-C:10.

VI. Establishing, maintaining, and lifting the isolation and quarantine of cases, carriers, or suspected cases or carriers of communicable diseases under RSA 141-C:11.

VII. Decontamination of commodities, conveyances, baggage, and cargo under RSA 141-C:11, IV.

VIII. Issuing and carrying out orders for the treatment and care and for the restriction and control of diseases under RSA 141-C:15.

IX. Distribution of pharmaceutical agents under RSA 141-C:17.

X. Laboratory testing, fee schedules, and the waiving of fees under RSA 141-C:19.

XI. Regulating use of the common cup under RSA 141-C:4, VIII.

XII. The procedure for written orders under RSA 141-C:12.

XIII. Other communicable diseases requiring immunization under RSA 141-C:20-a, I.

XIV. The child's age for administration of a vaccine for immunization.

XV. The number of doses necessary for each vaccine.

XVI. The acceptable level of immunization necessary for a child to be enrolled in a school or child care agency under RSA 141-C:20-a, II(b).

XVII. Procedures for keeping immunization records under RSA 141-C:20-b, II.

XVIII. The immunization registry established under RSA 141-C:20-f.

XIX. Identifying microbial isolates of reportable diseases and patient specimens to be retained or forwarded to the public health laboratories.

XX. Establishing a registry of biological agents present in New Hampshire.

XXI. Procedures relating to information, specimens, and samples as required under RSA 141-C:10, IV.

XXII. Procedures for administration of and disbursement from the mosquito control fund, established in RSA 141-C:25.


Source. 1986, 198:21. 1987, 193:4. 1990, 61:2. 1995, 310:183. 1998, 183:2. 2002, 258:9, 10. 2006, 284:2, eff. July 1, 2006.

    141-C:7 Reporting of Communicable Disease. 

I. Upon becoming aware of any communicable disease or communicable disease syndrome listed under RSA 141-C:8, any health care provider, clinical laboratory director, the superintendent or other person in charge of any hospital, or other health care facility, or any other person having under his or her care or observation a person afflicted with a communicable disease or communicable disease syndrome, or who has reason to believe that a person was or might have been afflicted with a communicable disease at the time of death, shall report to the commissioner the communicable disease or communicable disease syndrome and shall provide social security numbers, if persons were given the option at the original point of collection to provide social security numbers voluntarily, and such additional information and periodic reports as required under RSA 141-C:9, I.

II. Any veterinarian, livestock owner, veterinary diagnostic laboratory director, or other person engaged in the care of animals shall report animals having or suspected of having any disease that may cause a communicable disease in humans.

III. Any clinical laboratory director shall forward to the department's public health laboratory isolates of reportable infectious microorganisms as specified by the commissioner. In addition, any clinical laboratory director performing any testing for reportable diseases shall retain the original patient specimens for 7 days after issuing a final test result for diseases specified by the commissioner and shall submit such specimens to the public health laboratories upon request.

IV. In addition to the foregoing requirements for health care providers, a pharmacist shall report, if required under rulemaking procedures by the commissioner, any unusual or increased types of prescriptions, or unusual trends in pharmacy visits that may be caused by a communicable disease. Prescription-related events that require a report may include, but are not limited to:

(a) An unusual increase in the number of prescriptions to treat fever, respiratory, or gastrointestinal complaints.

(b) An unusual increase in the number of prescriptions for antibiotics.

(c) An unusual increase in the number of requests for information on over-the-counter pharmaceuticals to treat fever, respiratory, or gastrointestinal complaints.


Source. 1986, 198:21. 1995, 310:183. 2002, 258:11. 2003, 309:6, eff. Sept. 19, 2003.

    141-C:8 List of Diseases;  Report Forms. 

The commissioner shall compile a list of reportable communicable diseases necessary to protect the citizenry. The commissioner shall develop and provide a form for the reporting of communicable diseases under this section. The form shall include, at a minimum, the name, age, address, occupation, and place of occupation of the person. Reportable information shall not include psychiatric, psychological, or other mental health records or information.


Source. 1986, 198:21. 1995, 310:183. 2002, 258:12, eff. July 1, 2002.

    141-C:9 Investigations;  Examinations. 

I. The commissioner or designee may investigate incidents of communicable diseases. Such investigations shall include, but not be limited to, requiring additional information and periodic reports from the reporting official, interviews with reporting officials, their patients, and other persons affected by or having information pertaining to the communicable disease, surveys of such individuals, inspections of buildings and conveyances and their contents, and laboratory analysis of samples collected during the course of such inspections. The commissioner shall adopt such rules as are necessary to carry out investigations with due regard for the rights of person and property. The commissioner may call upon health officers, as authorized by RSA 141-C:5, I, to assist in such investigations.

II. Any person having or suspected of having a communicable disease, any person who is a communicable disease carrier or contact or any person who is suspected of being a communicable disease carrier or contact shall, when requested by the commissioner or designee, submit to a physical examination for the purpose of determining the existence of a communicable disease. Such persons shall submit specimens of body secretions, excretions, body fluids, and discharges for laboratory examinations when so requested by the commissioner or designee.


Source. 1986, 198:21. 1994, 208:2. 1995, 310:183, eff. Nov. 1, 1995.

    141-D:1 Title. 

This chapter shall be known and may be cited as the "Uniform Determination of Death Act."


Source. 1986, 191:1, eff. July 1, 1987.

    141-D:2 Determination of Death. 

An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards.


Source. 1986, 191:1, eff. July 1, 1987.

    141-E:1 Statement of Policy. 

I. The general court finds that exposure to asbestos fibers over time has been linked by medical and scientific authorities to a significant increase in the incidence of diseases, such as asbestosis, bronchogenic carcinoma, mesothelioma, and other malignancies, and that such diseases place unnecessary and preventable burdens on society while depriving the victims of livelihood, well-being, and life.

II. The general court also finds that:

(a) Abatement of asbestos from workplaces, schools, public facilities, and dwellings, which is carried out to reduce the exposure of the public to this health threat, further jeopardizes public health when the abatement is done without adequate safeguards and by unqualified individuals; and

(b) Asbestos disposal sites pose a potential threat to human health if improperly managed.

III. Therefore, in order to protect the health of the public from this threat, it shall be the policy of the state to establish and enforce asbestos exposure standards and to control the exposure of the public to asbestos by regulation of asbestos abatement and asbestos disposal site activities. The intent of this chapter is not to overburden the unknowing homeowner, but rather to assure commercial and industrial compliance with asbestos disposal site regulation and asbestos abatement efforts.

IV. Relative to asbestos abatement activities, as defined by RSA 141-E:2, II, it shall be the responsibility of the department of environmental services, to carry out this policy in accordance with RSA 141-E:3 and RSA 141-E:6-11, and in such a manner as to avoid direct conflict with other state and federal requirements.

V. Relative to management of asbestos disposal sites, as defined by RSA 141-E:2, III, it shall be the responsibility of the department of environmental services to carry out this policy in accordance with RSA 141-E:3 and RSA 141-E:21-25, in lieu of RSA 149-M as previously carried out, and in such a manner as to avoid direct conflict with other state and federal requirements.


Source. 2000, 275:1. 2005, 249:2, eff. Sept. 12, 2005.

    141-E:10 Licensure. 

I. Any contractor, employer, or individual which engages in asbestos abatement activities or activities involving the disturbance of asbestos at asbestos disposal sites shall first obtain a license from the department, except for:

(a) Individuals exempt pursuant to paragraph II below;

(b) Individuals exempt by rules adopted by the commissioner in accordance with RSA 141-E:4, XII;

(c) Owners of single family owner occupied properties who personally perform asbestos abatement within the confines of their private properties; and

(d) Individuals who obtain a waiver from the licensing requirements of this section.

II. Individuals certified pursuant to RSA 141-E:11 shall not be required to obtain a license for the performance of asbestos abatement or disturbance of asbestos at asbestos disposal sites when carried out under the authority of a contractor or employer holding a valid license issued by the department pursuant to this section.

III. A license to engage in asbestos abatement, disturbance of asbestos at any asbestos disposal site, or both, shall be issued in writing by the department and shall be valid for a period of 12 months from the date of issuance, shall be dated when issued, shall contain an expiration date, and shall be signed by the commissioner or designee. The license shall also include the name and address of the applicant.

IV. The license or a certified copy thereof shall be available at the worksite for inspection by representatives of the department or an authorized representative of the local government.

V. The department may grant a license to an applicant if the applicant is licensed by another state whose standards for licensure are substantially equivalent to the provisions of this section and the rules adopted by the department.


Source. 2000, 275:1. 2005, 249:13, 14, eff. Sept. 12, 2005.

    141-E:11 Certification of Employees;  Reciprocity. 

I. Employees and other individuals who engage in asbestos abatement, school asbestos abatement planning, or disturbance of asbestos at any asbestos disposal site shall first obtain a certificate of training from the department, except for:

(a) Individuals exempt pursuant to rules adopted by the commissioner in accordance with RSA 141-E:4, XII;

(b) Owners of single family owner occupied properties who personally perform asbestos abatement within the confines of their private properties; and

(c) Individuals who obtain a waiver from the certification requirements of this section.

II. The certificate shall be in writing, be valid for a period of 12 months from the date of issuance, be dated when issued, contain an expiration date, and be signed by the commissioner or designee. It shall also include the name and address of the employee to whom it is issued.

III. The certificate or a certified copy thereof shall be readily available at the worksite for inspection by the representatives of the department or an authorized representative of the local government.

IV. The department may grant certification if the employee is certified by another state whose certification is substantially equivalent to the provisions of this section and the rules adopted by the commissioner.


Source. 2000, 275:1. 2005, 249:15, 16, eff. Sept. 12, 2005.

    141-E:12 Fees. 

I. The commissioner shall, by rule, set a schedule of fees for the granting of licenses under RSA 141-E:10, the granting of certificates under RSA 141-E:11, and the inspection of private dwellings under RSA 141-E:8, III. All fees shall be deposited in a nonlapsing account, shall be used solely for the administration of the department's responsibilities under this chapter, and are hereby continually appropriated for said purposes.

II. The commissioner shall, by rule, set a schedule of fees for the notification of asbestos abatement projects. All such fees and the fines levied under RSA 141-E:16 shall be deposited in a nonlapsing account, shall be used solely for the administration of the department's responsibilities under this chapter, and are hereby continually appropriated for said purposes.


Source. 2000, 275:1. 2005, 249:17, eff. Sept. 12, 2005.

    141-E:13 Compliance Monitoring. 

I. For the purposes of assuring compliance with RSA 141-E:7, I and II; 141-E:8, I and II; 141-E:9; 141-E:10; and 141-E:11, or with any rule adopted by the commissioner, an authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:

(a) Enter any asbestos abatement worksite and any asbestos disposal site;

(b) Inspect and obtain samples from the workplace and the environment for the purposes of ensuring compliance with this chapter;

(c) Procure and examine licenses issued under RSA 141-E:10 and certificates issued under RSA 141-E:11; or

(d) Request, inspect, and record information, or test results relating to asbestos abatement activity, school asbestos abatement planning activity, or asbestos disposal site activity.

II. If the property owner refuses to consent to the inspection, the commissioner may obtain an administrative inspection warrant under RSA 595-B.

III. Any information, other than asbestos contamination or exposure data, relating to secret processes or methods of manufacture or production obtained in the course of such inspection shall not be disclosed by any representative of the department without permission of the person whose worksite is inspected.


Source. 2000, 275:1. 2005, 249:18, 19, eff. Sept. 12, 2005.

    141-E:14 Enforcement. 

I. Whenever the commissioner has reason to believe that the provisions of RSA 141-E:7, I or II; 141-E:8, I or II; 141-E:9; 141-E:10; or 141-E:11, or any rule adopted by the commissioner under this chapter has been violated, he or she shall issue a notice of violation and an order of abatement. The commissioner may request the attorney general to bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of RSA 141-E:7, I or II; 141-E:8, I or II; 141-E:9; 141-E:10; or 141-E:11, or any rule adopted by him or her under this chapter, or any order issued by him or her pursuant to this chapter.

II. The notices of violation issued pursuant to paragraph I of this section shall set forth the facts constituting the violation. The orders of abatement shall require elimination of the violation and shall set forth the time frame within which abatement shall be completed.


Source. 2000, 275:1. 2005, 249:20, eff. Sept. 12, 2005.

    141-E:15 Criminal Penalty;  Fine. 

I. A person shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person, if he or she knowingly and willfully:

(a) Violates any provisions of RSA 141-E or any rule adopted under it;

(b) Violates any term or condition of a license, certificate, or order issued under RSA 141-E; or

(c) Makes or certifies a material false statement relative to any document or information required under RSA 141-E.

II. Notwithstanding RSA 651:2, any person found guilty pursuant to paragraph I above may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $25,000. Each day of violation shall constitute a separate offense.


Source. 2000, 275:1, eff. July 1, 2000.

    141-E:16 Administrative Fines. 

I. (a) The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of RSA 141-E:3 or any rule adopted by the commissioner under this chapter; or upon any person who makes or certifies a material false statement relative to any document or information which is required to be submitted to the department pursuant to this chapter or any rule adopted pursuant to this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this section shall be deposited in the fund established by RSA 141-E:12, II.

(b) Notice and hearing prior to the imposition of an administrative fine shall be in accordance with RSA 541-A and procedural rules adopted by the commissioner pursuant to RSA 541-A:16.

(c) The commissioner shall determine fines in accordance with RSA 125-C:15, I-b(b) and (d).

(d) The commissioner may assess an additional fine for repeat violations.

II. Whenever a person licensed pursuant to RSA 141-E:10 or certified pursuant to RSA 141-E:11 fails to pay an administrative fine as required by this section, the commissioner, after notice and hearing pursuant to rules adopted under RSA 541-A, may deny, suspend, or revoke the license or certificate or may issue an appropriate order.


Source. 2000, 275:1. 2005, 249:21, eff. Sept. 12, 2005. 2019, 263:4, eff. Jan. 1, 2020. 2020, 10:3, eff. July 14, 2020.

    141-E:17 Civil Forfeiture. 

Any person who violates any provision of RSA 141-E or any rule adopted under it, or any term or condition of a license, certificate, or order issued under RSA 141-E, shall be subject to a civil forfeiture of up to $25,000 for each day of a continuing violation, in addition to enforcement by injunctive relief.


Source. 2000, 275:1, eff. July 1, 2000.

    141-E:18 Severability. 

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.


Source. 2000, 275:1, eff. July 1, 2000.

    141-E:19 Discharge of or Discrimination Against Employees. 

Pursuant to RSA 275-E, no employer shall discharge or cause to be discharged or otherwise discipline or in any manner discriminate against any employee, prospective employee, or employee representative because that person has filed any complaint or has instituted or caused to be instituted any proceeding related to the provisions of this chapter.


Source. 2000, 275:1, eff. July 1, 2000.

    141-E:2 Definitions. 

In this chapter:

I. "
Asbestos
" means amosite, chrysotile, crocidolite, or asbestiform tremolite, actinolite, or anthophyllite.

II. "
Asbestos abatement
" means any of the following activities:

(a) The wrecking or removal of any load-supporting structural member containing or covered by RACM, as defined in paragraph VII;

(b) The encapsulation, coating, binding, or resurfacing of structural members, walls, ceilings, or other building surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or other vessels containing RACM for the purpose of minimizing the potential for fiber release;

(c) The construction of airtight enclosures by the use of impact resistant materials to isolate surfaces coated or containing RACM;

(d) The removal or stripping of RACM from structural members, walls, ceilings, or other building surfaces, or ducts, pipes, boilers, tanks, reactors, furnaces, or other vessels; and

(e) The repair of RACM to minimize the likelihood of fiber release from damaged areas. Repair may include, but shall not be limited to, application of duct tape, rewettable glass cloth, canvas, cement, or other suitable materials to seal exposed areas where asbestos fibers may be released, or repair of damaged, previously encapsulated, RACM with non-asbestos substitutes; and re-encapsulation or repair of enclosures around RACM.

III. "
Asbestos disposal site
" means land where asbestos waste exists, either in or on the ground, due to dumping activities which ceased by July 10, 1981. The term includes inactive disposal sites as defined by 40 CFR 61.141. The term does not include any disposal site which is subject to the permitting requirements of RSA 149-M.

III-a. "
Commissioner
" means the commissioner of the department of environmental services.

IV. "
Contractor
" means any partnership, firm, association, corporation, or sole proprietorship which engages in asbestos abatement activities and/or activities involving the disturbance of asbestos at asbestos disposal sites.

V. "
Department
" means the department of environmental services.

VI. "
Friable asbestos material
" means any material that contains more than one percent of asbestos by weight, area, or volume and that can be crumbled, pulverized, or reduced to powder when dry by hand pressure.

VII. "
Regulated asbestos-containing material
" or "
RACM
" means:

(a) Friable asbestos-containing material;

(b) Category I non-friable asbestos-containing material, as defined by 40 CFR 61.141, that has become friable;

(c) Category I non-friable asbestos-containing material, as defined by 40 CFR 61.141, that will be or has been subjected to sanding, grinding, sawing, or abrading; or

(d) Category II non-friable asbestos-containing material, as defined by 40 CFR 61.141, that will likely become or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations.

VIII. "
School asbestos abatement planning
" means any of the following activities:

(a) The inspection of school buildings for asbestos-containing materials;

(b) The preparation of plans for asbestos abatement in schools, pursuant to P.L. 99-519; or

(c) The design of asbestos abatement projects for school buildings.

IX. "
Structural member
" means any beam, ceiling, floor, or wall.


Source. 2000, 275:1. 2005, 249:3, 4, eff. Sept. 12, 2005.

    141-E:20 Federal Preemption. 

Nothing in this chapter shall be construed to allow the department to enforce such occupational safety and health standards which have been preempted by the Occupational Safety and Health Act of 1970, 29 U.S.C. sec. 651 et seq.


Source. 2000, 275:1. 2005, 249:22, eff. Sept. 12, 2005.

    141-E:21 Release Prohibited;  Asbestos Waste Sites. 

I. No person shall cause or allow asbestos fibers to be released to the environment from an asbestos disposal site.

II. A site owner who has complied with the disclosure requirements in RSA 141-E:23 shall not be subject to penalties under this chapter due to a release caused by any person to whom disclosure was provided in accordance with RSA 141-E:23, III, provided that the owner takes steps to prevent further release of asbestos fibers.

III. A site owner who causes a release because the existence of asbestos on the property was unknown prior to causing the release, shall not be subject to penalties under this chapter, provided that the owner reports the situation to the department upon discovery and takes steps to prevent further release of asbestos fibers.


Source. 2000, 275:1. 2005, 249:23, eff. Sept. 12, 2005.

    141-E:22 Management of Asbestos Disposal Sites. 

The owner of an asbestos disposal site shall maintain and manage the site in accordance with this chapter and rules adopted by the commissioner under RSA 141-E:4.


Source. 2000, 275:1. 2005, 249:24, eff. Sept. 12, 2005.

    141-E:23 Disclosure. 

I. Prior to the execution of any contract for the purchase and sale of any interest in real property which includes an asbestos disposal site, the seller shall disclose the following information to the buyer:

(a) The nature and extent of the asbestos waste disposed of on the property, to the extent known at the time of transfer;

(b) The existence of any outstanding obligations pertaining to compliance with the requirements of this chapter;

(c) The existence of any activity and property use restrictions;

(d) The existence and location of all known records pertaining to asbestos disposal conditions at the site.

II. Within 10 days following title transfer of an asbestos disposal site, the former property owner shall notify the commissioner of such transfer in writing.

III. The following information shall be disclosed by the owner to any person who uses, occupies, or will likely disturb asbestos at an asbestos disposal site, such as a tenant or contractor:

(a) The presence of asbestos waste, including the location and depth of cover, to the extent known; and

(b) The need to comply with the requirements of this chapter, including activity and property use restrictions as applicable.

IV. Pursuant to 40 CFR 61.151(e), any owner of an asbestos disposal site shall record in the property chain of title at the registry of deeds for the county in which the property is located, notice of the following:

(a) That the property has been used for the disposal of asbestos waste;

(b) That the survey plot and record of the location and quantity of asbestos waste disposed of within the disposal site required in 40 CFR 61.154(f) have been filed with the commissioner; and

(c) That the site is subject to 40 CFR part 61, subpart M.


Source. 2000, 275:1. 2005, 249:25, 26, eff. Sept. 12, 2005.

    141-E:24 Right of Entry. 

The commissioner or authorized representative shall be authorized to enter, at reasonable times and in performance of his or her duties, upon any private or public property, to inspect asbestos disposal site conditions and investigate reports by local health officials of newly discovered asbestos disposal sites. If the property owner refuses to consent to the inspection, the commissioner may obtain an administrative inspection warrant pursuant to RSA 595-B.


Source. 2000, 275:1. 2005, 249:27, eff. Sept. 12, 2005.

    141-E:25 Third Party Liability. 

There shall be no implied cause of action for third party damages against any person under this chapter to the extent that the person's liability under this chapter is based solely on the person's ownership of an asbestos disposal site.


Source. 2000, 275:1, eff. July 1, 2000.

    141-E:3 Duties. 

The commissioner shall:

I. License contractors.

II. Test persons and provide certificates to those who are found competent to engage in either asbestos abatement activities, school asbestos abatement planning activities, or activities involving the disturbance of asbestos at asbestos disposal sites, or any combination thereof.

III. Collect fees for the issuance of licenses and certificates.

IV. Provide asbestos health risk information to workers who are at risk of exposure to asbestos material and to the general public on the health risks posed by asbestos.

V. Conduct such medical and scientific studies of workers presently or previously exposed to asbestos material as necessary to fully understand, define, and describe the actual health consequences of such exposure in their workplaces. The commissioner shall strive to determine before undertaking such studies that similar research has not already been performed or is not currently under review by other agencies.

VI. Identify and order the abatement of RACM found in public buildings and facilities, schools, or rental dwellings which exceeds the exposure standards established by this chapter.

VII. Establish safe worker practices to protect the health of asbestos abatement workers where not preempted by the Occupational Safety and Health Act.

VIII. Establish practices and standards necessary to control the release of asbestos fibers during asbestos abatement activities.

IX. Establish practices and standards necessary to control the release of asbestos fibers to the ambient air during processing, transport, and disposal activities.

X. Develop and implement an inspection and enforcement program specific to asbestos abatement activities.

XI. Establish a notification program for all asbestos abatement activities.

XII. Collect fees for asbestos abatement notification.

XIII. Establish, in consultation with the department pursuant to RSA 125-H:3:

(a) Measures for remediating asbestos disposal sites to prevent human exposure to asbestos at or from such sites; and

(b) Best management practices for monitoring and maintaining covered asbestos disposal sites, for the purpose of assisting property owners and local health officers to minimize the risk of human exposure to asbestos at or from such sites.

XIV. Administer a program for owners to remediate asbestos disposal sites in accordance with the measures established under subparagraph XIII(a). The program shall include, but not be limited to, provisions for:

(a) Initiating and completing site investigations;

(b) Developing and implementing remedial action plans;

(c) Developing and implementing activity and property use restrictions as appropriate; and

(d) Documenting and certifying completion of the approved remedial action plan.

XV. In cooperation with local health officials, monitor the condition of asbestos disposal sites to assure conditions are protective of human health and comply with the requirements of this chapter.

XVI. Investigate reports by local health officials of newly discovered asbestos disposal sites.

XVII. Maintain a registry of asbestos disposal sites, including, but not limited to:

(a) Owner name and mailing address;

(b) Information and maps locating the disposal area;

(c) Type, depth, and areal extent of cover materials;

(d) Site inspection data; and

(e) Status of site remediation.

XVIII. In cooperation with local health officials, respond to urgent conditions involving the disturbance of asbestos at asbestos disposal sites.

XIX. In cooperation with local health officials, establish measures for assuring compliance with activity and property use restrictions relevant to asbestos disposal sites.

XX. Consult with local health officials within the affected communities for the purpose of determining appropriate and effective means for implementing the best management practices established pursuant to RSA 141-E:3, XIII(b), and provide technical assistance related thereto, including adoption of local ordinances pursuant to RSA 147:1.

XXI. Establish recommended training, licensure, and certification requirements for contractors and persons engaging in activities involving the disturbance of asbestos at asbestos disposal sites, for implementation by the commissioner, pursuant to RSA 141-E:4, XV.

XXII. Have authority to apply for and accept federal funds or other assistance for the purpose of remediating and otherwise managing asbestos disposal sites.

XXIII. Give due consideration to EPA document 560/5-85-024 June 1985 or later revision, "Guidance for Controlling Asbestos Containing Materials in Buildings."


Source. 2000, 275:1. 2005, 249:5, eff. Sept. 12, 2005.

    141-E:4 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. The definition of major and minor asbestos abatement projects.

II. The necessary training, licensure, and certification requirements applicable to major and minor asbestos abatement projects. Such training, licensure, and certification requirements shall be at least as stringent as those of the federal Environmental Protection Agency's model plan set forth in 40 CFR 763, Subpart E, Appendix C.

III. Safe worker practices under RSA 141-E:3, VII.

IV. Closure of places contaminated with RACM under RSA 141-E:7. The use of the word "contaminated" when related to airborne asbestos shall be consistent with asbestos exposure standards under RSA 141-E:6.

V. Notice and appeal procedures under RSA 141-E:7.

VI. Procedures for the inspection of buildings, including visual assessment criteria for surfacing materials and pipe and boiler insulation, and air monitoring standards consistent with RSA 141-E:7 and the issuance of orders to take corrective actions to mitigate exposure to RACM under RSA 141-E:8.

VII. The licensure of contractors, employers or other individuals undertaking asbestos abatement under RSA 141-E:10. Such licensure requirements shall be at least as stringent as those of the federal Environmental Protection Agency's model plan set forth in 40 CFR 763, Subpart E, Appendix C.

VIII. The certification and training of employees or other individuals engaged in asbestos abatement and school asbestos abatement planning under RSA 141-E:11. Such certification and training requirements shall be at least as stringent as those of the federal Environmental Protection Agency's model plan set forth in 40 CFR 763, Subpart E, Appendix C.

IX. The schedule and collection of fees under RSA 141-E:12, I.

X. The issuance of notices of violation and orders of abatement under RSA 141-E:14.

XI. The fee structure to defray the cost of compliance monitoring under RSA 141-E:7, I and II; 141-E:8, I and II; 141-E:10; 141-E:11; and 141-E:13.

XII. Procedures for exemption and waiver from the requirements of RSA 141-E:10 and RSA 141-E:11.

XIII. A schedule of administrative fines which may be imposed under RSA 141-E:16 for violation of this chapter or the rules adopted pursuant to it.

XIV. Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 141-E:16.

XV. The necessary training, licensure, and certification requirements applicable to contractors and persons engaged in activities involving the disturbance of asbestos at asbestos disposal sites, such requirements to be determined based on the recommendations provided by the commissioner pursuant to RSA 141-E:3, XXI.

XVI. Establishing work practices and engineering control standards for asbestos abatement activities, including the following:

(a) Establishing standards and practices for minimizing the release of asbestos fibers during building maintenance, construction, renovation, demolition, or other similar activities.

(b) Developing an inspection program of buildings, facilities, and property for the purpose of determining compliance with the rules adopted under this paragraph.

(c) Adopting, in whole or in relevant part, the federal national emission standards for hazardous air pollutants (40 CFR sec. 61, m).

(d) Establishing the schedule and collection of fees under RSA 141-E:12, II.

(e) Establishing a fee structure to defray the cost of compliance monitoring under RSA 141-E:9 and RSA 141-E:13.

XVII. Establishing work practices, engineering control standards, and emission standards necessary to control the release of asbestos to the ambient air during processing, transport, and disposal activities.

XVIII. Administering a program for the management of asbestos disposal sites, pursuant to RSA 141-E:3, XIII-XXII and 40 CFR 61.151, as formerly administered under RSA 149-M.


Source. 2000, 275:1. 2005, 249:6, eff. Sept. 12, 2005.

    141-E:5 Repealed by 2010, 368:1(42), eff. Dec. 31, 2010. 

    141-E:6 Indoor Asbestos Exposure Standards. 

I. The indoor non-occupational exposure standard shall be 0.01 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods, calculated as an 8-hour time weighted average.

II. The indoor occupational exposure standard shall be as provided for by the federal Occupational Safety and Health Administration in 29 CFR 1910, and the federal Environmental Protection Agency in 40 CFR 763, except that, where such standards exceed 0.1 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods, then the occupational standards shall be 0.1 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods.


Source. 2000, 275:1, eff. July 1, 2000.

    141-E:7 Limitation of Exposure;  Closure of Contaminated Areas. 

I. Except as provided for under RSA 141-E:6, II, no person, whether natural or not natural, owning, controlling, or managing any workplace, public building, facility, school, or rental dwelling containing asbestos levels exceeding 0.01 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods shall permit unnecessary exposure of any person to such conditions which are a violation of a provision of this chapter, or of a rule adopted or order issued pursuant to the authority of this chapter.

II. The department may, in the absence of other effective measures, close access to any building or facility or any portion thereof to other than those engaged in asbestos abatement and school asbestos abatement planning activities in which there have been found asbestos levels exceeding 0.01 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods.

III. Closure of access shall not occur until written notice has been provided to the owner or manager of the building or facility. The owner or manager shall be given the opportunity to appeal such action in accordance with RSA 541-A.


Source. 2000, 275:1, eff. July 1, 2000.

    141-E:8 Inspection of Building;  Orders. 

I. Whenever the commissioner has reason to suspect the presence of RACM in any public building, facility, school, or rental dwelling, the commissioner may cause inspections to be carried out. If RACM is found in damaged or deteriorated condition or if conditions exist which could result in significant human exposure or if asbestos levels exceeding 0.01 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods are found, the commissioner may order corrective action to abate the risk to the health of the public. The order may, at the discretion of the commissioner, include notice of closure of access under RSA 141-E:7.

II. In the event that asbestos levels exceed the standards set in RSA 141-E:6, I or II, there may be a second test of samples collected over an 8-hour period or as otherwise approved by the department, analyzed by scanning or transmission electron microscopy analysis before any order of abatement is issued. The results of the scanning or transmission electron microscopy analysis, which shall be recorded in terms of the number of asbestos fibers longer than 5 micrometers per cubic centimeter of air in accordance with OSHA standard definitions for asbestos monitoring, shall prevail in the determination of whether the standard is exceeded. Such tests shall be paid for by the owner of the building or facility being analyzed.

III. The commissioner may, upon request of the owner, inspect private dwellings for the presence of RACM. If RACM is found, the commissioner shall make recommendations to the owner for its abatement. The commissioner shall charge a fee for such inspections under RSA 141-E:12.


Source. 2000, 275:1. 2005, 249:10, 11, eff. Sept. 12, 2005.

    141-E:9 Control of Asbestos Emissions. 

No person, whether natural or not natural, owning, controlling or managing any workplace, public building, facility, school, or rental dwelling involved in asbestos abatement shall permit such abatement of asbestos in a dry state or in violation of any rules adopted by the commissioner under this chapter unless specifically exempted by rule.


Source. 2000, 275:1. 2005, 249:12, eff. Sept. 12, 2005.

    141-F:1 Statement of Purpose. 

I. It is the purpose of this chapter to designate the department of health and human services as the state agency responsible for preparing information on the transmission and prevention of the human immunodeficiency virus and the hepatitis B virus.

II. It is also the purpose of this chapter to require the department of health and human services to provide testing for the human immunodeficiency virus, to assure the quality of similar testing by other laboratories, and to carry out epidemiological analysis and follow-up.

III. Finally, it is the purpose of this chapter to protect individuals from unauthorized disclosure of human immunodeficiency virus test results.


Source. 1988, 262:2. 1993, 83:1. 1995, 310:181, eff. Nov. 1, 1995.

    141-F:10 Civil Liability. 

Any person who purposely violates RSA 141-F:7, I or RSA 141-F:8, I and thereby discloses the identity of a person infected by a human immunodeficiency virus shall be liable to such person for actual damages, court costs and attorneys' fees, plus a civil penalty of up to $5,000 for such disclosure.


Source. 1988, 262:2, eff. April 30, 1988.

    141-F:11 Penalty. 

Any person who purposely violates the provisions of RSA 141-F:5 - 141-F:8 or any rules adopted pursuant to them shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.


Source. 1988, 262:2, eff. April 30, 1988.

    141-F:12 AIDS Drug Assistance Program Fund. 

There is hereby established the AIDS drug assistance program fund. The fund shall be composed of drug rebates received on drugs purchased under the AIDS drug assistance program established pursuant to this chapter. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of continuous support for the AIDS drug assistance program as required by federal law and regulations.


Source. 2008, 155:2, eff. June 6, 2008.

    141-F:2 Definitions. 

In this chapter:

I. "Antibody" means a protein produced by the body in response to specific foreign substances such as bacteria or viruses.

II. "Antigen" means a substance that stimulates the production of antibodies.

II-a. "Communicable hepatitis B virus infection" means the presence of both hepatitis B surface antigen and hepatitis B e antigen in the blood.

III. "Commissioner" means the commissioner of the department of health and human services or his designee.

IV. "Department" means the department of health and human services.

IV-a. "Exposure prone invasive procedure" means any medical, surgical, or dental procedure during which a health care worker palpates a needle tip in a body cavity, or any procedure during which a health care worker's fingers and a needle or other sharp instrument or object are present in a poorly visualized or highly confined anatomic site.

IV-b. "Health care worker" means dentists and dental hygienists licensed under RSA 317-A, nurses licensed under RSA 326-B, physicians licensed under RSA 329, physician assistants licensed under RSA 328-D, and podiatrists licensed under RSA 315.

V. "Human immunodeficiency virus" means the virus, or its variants, which are the causative agents of acquired immune deficiency syndrome (AIDS), AIDS related conditions, and other clinical manifestations.

VI. "Serologic positive" means the presence in an individual, as detected by laboratory testing, of an antibody or antigen to the human immunodeficiency virus.


Source. 1988, 262:2. 1993, 83:2, 3. 1995, 310:97, eff. Nov. 1, 1995.

    141-F:3 Powers and Duties of the Department. 

The department shall:

I. Provide information and guidance to the department of education for their development of courses and programs relative to the human immunodeficiency virus which meet the requirements of RSA 186:11, IX and XXVII.

II. Develop training courses and materials on the human immunodeficiency virus and related issues, for police, fire, and emergency medical services personnel and provide assistance on the development and implementation of such courses and materials to the relevant state and local agencies.

III. Distribute informational materials on the human immunodeficiency virus to health care providers, health care institutions, local health and social service agencies, local units of government, and, upon request, to other public and private agencies and organizations.

IV. Provide information to persons at high risk of acquiring the human immunodeficiency virus.

V. Provide assistance to government agencies, school districts, health care institutions, businesses, and industries to establish policies and practices for coping with the human immunodeficiency virus.

VI. Disseminate information to the general public, using print and broadcast media, on the human immunodeficiency virus, its causes and effects, and on methods of prevention and control.

VII. Conduct training sessions and workshops, upon request, for educators, physicians, and the staff and volunteers of hospitals and other health care agencies, licensed under RSA 151, on the human immunodeficiency virus, methods of prevention and control, methods for pre-test and post-test counseling for infected persons and their families, and management of medical care and treatment of infected persons.

VIII. Within the limits of appropriated funds, augment community efforts by providing, directly or by contract, with local health or social service agencies or with any other relevant agency or organization, services relating to the human immunodeficiency virus.

IX. Provide laboratory testing services in accordance with RSA 141-F:6 to detect the presence of the human immunodeficiency virus in samples submitted by health care providers.

X. [Repealed.]

XI. Conduct follow-up investigations in accordance with RSA 141-F:9.

XII. Apply for, receive, and expend funds made available to the state by the federal government or other sources and use such funds to carry out the provisions of this chapter.

XIII. Provide an informational brochure relative to the human immunodeficiency virus to town and city clerks for distribution under RSA 457:28-a.


Source. 1988, 262:2. 1995, 310:175. 2004, 36:2. 2005, 261:2, eff. Sept. 20, 2005.

    141-F:4 Rulemaking. 

The commissioner shall adopt rules under RSA 541-A relative to:

I. Procedures for testing blood samples under RSA 141-F:5, I.

II. Procedures for testing body parts, tissues, or fluids under RSA 141-F:5, II.

III. Procedures for confidentially testing body parts, tissues, or fluids under RSA 141-F:5, III.

IV. Procedures for conducting tests under RSA 141-F:5, IV.

V. [Repealed.]

V-a. Procedures for investigations and criteria for notification under RSA 141-F:9.

VI. Any matter deemed necessary for the administration of RSA 141-F:9-a.

VII. Procedures for the administration of the AIDS drug assistance program and the AIDS drug assistance program fund established under RSA 141-F:12.


Source. 1988, 262:2. 1993, 83:4. 1994, 208:5. 1995, 310:183. 2004, 36:2. 2007, 65:1. 2008, 155:1, eff. June 6, 2008.

    141-F:5 Consent for Testing;  Exceptions. 

A physician or advanced practice registered nurse licensed or registered to practice in this state, an employee of a health care facility licensed under RSA 151, whether paid or unpaid, and an employee of a blood bank, blood center, plasma center, or agency which receives blood donations, whether paid or unpaid, may test when the patient has consented for the presence of an antibody or antigen to a human immunodeficiency virus in accordance with the most current testing and consent recommendations of the Centers for Disease Control and Prevention. Testing without consent may occur in the following situations:

I. Any blood bank, blood center, plasma center, or agency which purchases or receives donated whole blood, blood plasma, a blood product, or a blood derivative shall, prior to its distribution or use, subject such blood to a test which conforms to rules adopted by the commissioner under RSA 141-F:4.

II. A physician or advanced practice registered nurse licensed or registered to practice in this state who procures, processes, distributes, or uses a human body part, tissue, or fluid donated under RSA 291-A may, without obtaining consent to the testing, test for the presence of an antibody or antigen to the human immunodeficiency virus, in accordance with rules adopted by the commissioner under RSA 141-F:4 in order to assure medical acceptability of the gift for the purpose intended.

III. A health care facility engaged in medical research may, without first obtaining consent to the testing, subject any body parts, fluids, or tissues to a test for the presence of an antibody or antigen to a human immunodeficiency virus in accordance with rules adopted by the commissioner under RSA 141-F:4 if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.

IV. Individuals convicted and confined to a correctional facility pursuant to the order of a court, or committed to New Hampshire hospital, may be tested without obtaining written consent to the testing, when the results of such tests are necessary for the placement and management of such individuals in the facility, pursuant to the written policies and procedures of the chief administrator of the facility.

V. (a) A physician licensed to practice in this state, or a person authorized by the physician, may, without obtaining consent to the testing, test for the presence of an antibody or antigen to a human immunodeficiency virus:

(1) When the person being tested is incapable of giving informed consent; and

(2) When a test for the presence of an antibody or antigen to a human immunodeficiency virus is immediately necessary to protect the health of:

(A) The person; or

(B) An individual who has had an occupational exposure to the person's blood or bodily fluids.

(b) When the test is performed under subparagraph (a) on a person who is incapable of giving informed consent, and when the reason for the test is to protect the health of another individual who has had an occupational exposure to that person's blood or bodily fluids, neither the person who is incapable of giving informed consent nor that person's insurer shall be billed for the cost of the test.


Source. 1988, 262:2. 1995, 310:183. 2007, 65:3. 2009, 54:5. 2010, 333:1, eff. Sept. 18, 2010.

    141-F:6 Testing. 

I. The department, or agencies operated by or under contract with the department, shall offer laboratory testing, in accordance with RSA 131, for the presence or absence of antibodies or antigens of the human immunodeficiency virus.

II. All other laboratories, public or private, which test human blood or any other business or organization, public or private, which tests human blood, tissue, or other samples as part of its operations may offer to test samples for the presence or absence of antibodies or antigens of the human immunodeficiency virus.


Source. 1988, 262:2. 1995, 310:175, 183. 2004, 36:1. 2007, 65:4, eff. Aug. 10, 2007.

    141-F:7 Reporting of Test Results. 

I. Except as provided in this section, test results of samples submitted for laboratory analysis under RSA 141-F:6 shall not be disclosed to any person or agency except:

(a) The physician ordering the test or the person authorized by the physician; and

(b) The commissioner, in accordance with RSA 141-C:7.

II. Test results shall be disclosed by the physician or the person authorized by the physician to the person who was tested. Such person shall be provided with appropriate counseling at the time of notification.

III. If the person with a serologic positive test result is less than 18 years of age or is mentally incapable of understanding the ramifications of a positive test result, the physician or the person authorized by the physician may disclose the test results to a parent or legal guardian. In such cases, the parent or legal guardian shall be entitled to appropriate counseling.

IV. If the person with a serologic positive test is confined to a facility pursuant to an order of a court, or committed to a mental health facility, the results of the tests shall be disclosed by the physician or the person authorized by the physician to the medical director or chief medical officer of such facility. The medical director or chief medical officer of the facility shall provide to the administrator in charge of the facility whatever medical data is necessary to properly assign, treat, or manage the affected individual. The administrator may disclose this information only to those individuals who require such information to properly assign, treat, or manage the affected individual.


Source. 1988, 262:2. 1995, 310:183, eff. Nov. 1, 1995.

    141-F:8 Confidentiality;  Release of Information. 

I. The identity of a person tested for the human immunodeficiency virus shall not be disclosed except as provided in RSA 141-F:7 and RSA 141-F:8, III, IV and V.

II. All records and any other information pertaining to a person's testing for the human immunodeficiency virus shall be maintained by the department, health care provider, health or social service agency, organization, business, school, or any other entity, public or private, as confidential and protected from inadvertent or unwarranted intrusion. Such information obtained by subpoena or any other method of discovery shall not be released or made public outside of the proceedings.

III. Notwithstanding RSA 141-C:10 and paragraph I of this section, the identity of a person tested for the human immunodeficiency virus may be disclosed in response to a written request if such person has given written authorization for such disclosure. Such written request shall state the reasons for the request and shall contain only the identity of the infected person.

IV. Notwithstanding RSA 141-C:10 and paragraph I of this section, a physician licensed to practice in this state or other health care provider may disclose information pertaining to the identity and test results of a person tested for a human immunodeficiency virus to other physicians and health care providers directly involved in the health care of the person when the disclosure of such information is necessary in order to protect the health of the person tested. Information thus disclosed shall be maintained as provided in paragraph II of this section.

V. Notwithstanding RSA 141-C:10 and paragraph I of this section, the identity of a person tested for the human immunodeficiency virus and found to be infected may be disclosed to a blood bank, blood center, plasma center, or other agency which receives blood donations, provided that the information remains confidential and protected from inadvertent or unwarranted intrusion or disclosure.


Source. 1988, 262:2. 1994, 208:6, 7. 1995, 310:175, eff. Nov. 1, 1995.

    141-F:9-a Testing Not Required. 

Nothing in this chapter shall be construed to require that health care workers be tested for the presence of the human immunodeficiency virus or the hepatitis B virus as a condition of employment or practice in a health care facility licensed in accordance with RSA 151.


Source. 1993, 83:5, eff. Jan. 1, 1994.

    141-F:9-b Repealed by 2007, 65:2, I, eff. Aug. 10, 2007. 

    141-F:9-c Repealed by 2007, 65:2, II, eff. Aug. 10, 2007. 

    141-F:9-d Repealed by 2007, 65:2, III, eff. Aug. 10, 2007. 

    141-F:9 Disease Control. 

The commissioner or his designee shall conduct follow-up activities when reports of individuals found serologic positive are provided under RSA 141-C:7.

I. Such activities shall be conducted with due regard to the personal and property rights of the individual person and shall be limited to discovering the potential source of the infection and to identifying persons who may have been infected by such individual.

II. The commissioner shall, if possible, do contact referral and shall encourage the individual person to notify any persons who may be or have been infected and urge such persons to undergo testing pursuant to the provisions of this chapter.

III. During the course of an investigation under this section, the commissioner shall not disclose the identity of the individual found serologically positive.


Source. 1988, 262:2. 1995, 310:183, eff. Nov. 1, 1995.

    141-G:1 Definitions. 

In this chapter:

I. "Blood or other potentially infectious material" means human blood, human blood components, products made from human blood, sputum or any such other body fluid, tissue, or organ that may be designated by the director by rule adopted under RSA 141-G:6.

II. "Commissioner" means the commissioner of the department of health and human services.

III. "Department" means the department of health and human services.

IV. "
Emergency response/public safety worker
" means firefighters; police officers; employees of any prison, jail, corrections institution, or other detention facility where persons are held pending arraignment, adjudication, or disposition of a criminal charge or in protective custody, as defined in RSA 172-B:1, XIII; emergency care providers licensed under RSA 153-A; persons using wreckers as defined in RSA 259:126 for towing purposes; and other similar care providers, whether paid or volunteer.

V. "Exposed worker" means an emergency response/public safety worker who sustains or suspects such worker has sustained an unprotected exposure.

VI. "Infectious disease" means any infectious disease that is designated by the commissioner by rule adopted under RSA 141-G:6.

VII. "Source individual" means any person whose blood, body fluids, tissue, or organs were specifically identified as the source of an exposure to an emergency response/public safety worker.

VIII. "Unprotected exposure" includes instances of direct mouth-to-mouth resuscitation or the commingling of blood or other potentially infectious material of a source individual and an emergency response/public safety worker, which is capable of transmitting an infectious disease or any other such type of exposure that may be designated by the commissioner by rule adopted under RSA 141-G:6.


Source. 1989, 374:1. 1991, 175:2. 1993, 16:2. 1995, 310:98, 183. 1996, 145:1. 2008, 358:10, eff. Sept. 9, 2008.

    141-G:10 Application for Testing Order. 

I. Subject to RSA 141-G:9, a person may apply to the court for a testing order if such person has had an unprotected exposure to blood or body fluids from a source individual in any of the following circumstances:

(a) While providing or receiving emergency health services; or

(b) While performing his or her duties as a firefighter, emergency medical technician, paramedic or other emergency medical care provider, police officer, probation officer, peace officer, person who gives aid at the scene of an emergency or to the victim of crime under RSA 508:12, or healthcare provider; or

(c) While being involved in activities defined in rules adopted under RSA 141-G:19.

II. If a person who had an unprotected exposure to blood or body fluids from a source individual in a circumstance referred to in paragraph I is unable to apply for a testing order under paragraph I, a representative of the person may apply on behalf of the person.

III. An application for a testing order shall:

(a) Include a medical evaluation, including a blood test, by a physician, physician assistant, or advanced practice registered nurse confirming that the exposure to the source individual puts the applicant at reasonable risk for possible exposure to a bloodborne pathogen;

(b) Be made within 20 days of the date of the exposure referred to in paragraph I;

(c) Be made in accordance with the rules adopted under this subdivision; and

(d) Be served on the source individual at least 4 days before the court hears the application.

IV. The court shall hear an application for a testing order as soon as practicable and may, on application or on the court's own motion, order that the public is excluded from all or part of a hearing.

V. If giving notice is impossible or impracticable, the court may hear ex parte an application made under paragraph I without notice to the source individual if the applicant satisfies the court by a preponderance of the evidence that complying with paragraph II or subparagraph III(d) within a reasonable time is impossible or impracticable and is necessary to decrease or eliminate the risk to the health of the applicant as a result of the exposure.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-G:11 Testing Order. 

I. On an application made under RSA 141-G:10, I, the court may issue an order requiring testing if the court, having considered the medical evaluation and any other evidence the court considers relevant, is satisfied of the following:

(a) The applicant has complied with RSA 141-G:9 and RSA 141-G:10;

(b) The applicant has had an unprotected exposure to blood or bodily fluids from the source individual in one of the circumstances set out in RSA 141-G:10, I;

(c) There are reasonable grounds to believe that the applicant may have been exposed, as a result of the exposure, to a bloodborne pathogen that causes a communicable disease;

(d) An analysis of the applicant's blood and bodily fluids would not determine, in a timely manner, whether the applicant has been infected by a bloodborne pathogen;

(e) Taking a blood sample from the source individual would not endanger the source individual's life or health;

(f) The information to be obtained under the testing order cannot reasonably be obtained in any other manner; and

(g) The testing order is necessary to decrease or eliminate the risk to the health of the applicant as a result of the exposure.

II. A testing order:

(a) Shall require the source individual, within the time specified in the order, to attend the health facility identified in the order so that a blood sample may be taken from the source individual for the purpose of determining whether the source individual is infected with a bloodborne pathogen that causes a communicable disease listed in rules adopted under RSA 141-G:19.

(b) Shall require the health facility identified in the order to ensure that a blood sample from the source individual is taken.

(c) Shall require the applicant to have the testing order served and any other information required by rules, within the time specified in the order, on the source individual and the health facility identified in the order.

(d) Shall not require testing for any substance in the blood other than bloodborne pathogens.

III. If the source individual named in a testing order is a minor or an incapacitated adult, the testing order shall require the guardian of the minor or the person responsible for the incapacitated adult under rules adopted by the commissioner under RSA 141-G:19 to take all reasonable steps to ensure that the source individual complies with the testing order.

IV. The blood sample taken in compliance with an order issued under this section shall not be tested at any time for any civil or criminal matter or for any purpose not authorized in this subdivision.

V. A decision of the court under paragraph I may be appealed to the superior court.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-G:12 Obligations of Person Who Takes Sample. 

A person at a health facility who, pursuant to a testing order, takes from the source individual a blood sample shall:

(a) Deliver the sample, a copy of the testing order, and any other required information to a laboratory licensed under RSA 151 for the purpose of having the sample analyzed; and

(b) Not use the sample for any purpose or test the sample for any organisms or substances other than those stated in the order.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-G:13 Test Results. 

I. Test results shall be promptly provided by the licensed laboratory in a written report to the applicant's physician, physician assistant, or advanced practice registered nurse and the source individual's physician, physician assistant, or advanced practice registered nurse.

II. The applicant's physician, physician assistant, or advanced practice registered nurse shall notify the applicant of the test results.

III. The source individual's physician, physician assistant, or advanced practice registered nurse shall notify the source individual of the test results.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-G:14 Confidentiality. 

I. No person shall use or disclose any information concerning an applicant or a source individual if that information becomes known to the person in the course of carrying out his or her responsibilities under this subdivision or as a result of obtaining a testing order.

II. Paragraph I shall not apply to disclosure in the following circumstances:

(a) In the course of carrying out a duty imposed or exercising a power conferred under this subdivision.

(b) As required by law.

(c) With the consent of the person who is the subject of the information.

(d) In the course of a consultation between qualified health professionals.

(e) In the case of information about a minor to a guardian of that minor.

(f) As provided in rules adopted under RSA 141-G:19.

III. No person who is subpoenaed or otherwise compelled to give evidence in a legal proceeding, other than a proceeding for the purposes of RSA 141-G:11, I or an appeal under RSA 141-G:11, V, shall disclose information described in paragraph I, unless the court first examines the information, with the public excluded, and determines that the information may be disclosed. The court shall consider:

(a) The probative value of the information;

(b) The relevance of the information to the proceeding; and

(c) The effect of the disclosure on the privacy of the person who is the subject of the information.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-G:15 Costs. 

Subject to rules adopted by the commissioner under RSA 141-G:19, an applicant's workers' compensation insurance carrier shall be responsible for paying the costs of the test, including the charges of the health care facility taking the blood sample and the charges of the laboratory for the analysis of the sample. An applicant without insurance coverage may request testing under this subdivision, however, he or she shall be responsible for paying for the testing order and may be required to pay for testing in advance.


Source. 2017, 208:1, eff. Sept. 8, 2017. 2018, 201:1, eff. June 8, 2018.

    141-G:16 Immunity. 

No legal proceeding for damages may be commenced or maintained against a person who in good faith, and not in a wanton or reckless manner, engages in any act or omission:

I. In the exercise or intended exercise of any power under this subdivision;

II. In the performance or intended performance of any duty under this subdivision; or

III. In the taking, under a testing order, of a sample from a source individual.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-G:17 Notice and Service. 

I. All documents or notifications required to be given to or served on a person shall be given or served in accordance with the rules adopted by the commissioner, in collaboration with the judicial branch, under RSA 141-G:19.

II. If a person is required under this subdivision to provide a notice to or serve a document on another person, notice or service may be made on an authorized representative of the source individual.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-G:18 Penalties. 

I. Any source individual who purposely contravenes a testing order shall be guilty of a violation.

II. Any person who purposely violates the provisions of RSA 141-G:14, shall be guilty of a misdemeanor.

III. If an offense under this subdivision continues for more than one day, a fine may be imposed for each day the offense continues, provided that the sum of such fines shall not exceed the maximum fine for the offense.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-G:19 Rules. 

I. The commissioner shall be responsible for the statewide supervision of first responder and healthcare provider exposure blood testing.

II. The commissioner shall adopt rules under RSA 541-A, relative to:

(a) Defining diseases or conditions as bloodborne pathogens for the purposes of this subdivision.

(b) Providing the notice required under RSA 141-G:9, including developing forms for that purpose.

(c) Identifying circumstances and activities eligible for a blood testing order under RSA 141-G:10, I.

(d) Developing applications for testing orders, including forms for that purpose.

(e) Medical evaluation reports pursuant to RSA 141-G:10, III(a).

(f) The taking and analysis of blood samples under the authority of a testing order.

(g) Identifying eligible health facilities.

(h) Information required for completing a testing order.

(i) The reporting procedures for test results if the applicant's or source individual's physician, physician assistant, or advanced practice registered nurse is not known or the applicant or source individual does not have one.

(j) Circumstances when confidential information under this subdivision may be disclosed.

(k) Circumstances in which workers' compensation insurance and the government shall be responsible for paying the costs referred to in RSA 141-G:15.

(l) Notice and service, including identifying authorized persons who may be notified or served instead of the source individual of the notice or service.


Source. 2017, 208:1, eff. Sept. 8, 2017. 2018, 201:2, eff. June 8, 2018.

    141-G:2 Medical Referral Consultant. 

I. Each employer of emergency response/public safety workers shall identify a medical referral consultant who has agreed to accept referrals and to evaluate and follow up such workers' unprotected exposures. The medical referral consultant shall be a licensed physician, a registered nurse, advanced practice registered nurse or licensed physician assistant. If none of these is available the employer shall request written approval from the department for an alternate. For purposes of this chapter, in such case involving an individual protected under RSA 508:12 the department shall act as the medical referral consultant.

II. The medical referral consultant shall:

(a) Receive emergency response/public safety worker incident report forms.

(b) Receive information from the infection control officer, the exposed worker's private physician, or both, regarding the worker's exposure to an infectious disease, as appropriate.

(c) Conduct a medical examination, evaluate the exposure, and give appropriate prophylactic treatment and follow-up treatment and advice, or, if the medical referral consultant is not a licensed physician, refer the exposed worker immediately to a licensed physician for such examination, evaluation, treatment and advice.

(d) Make all reasonable efforts to request and obtain a blood specimen from a source individual when, in the opinion of the medical referral consultant, a test on such blood specimen from a source individual when, in the opinion of the medical referral consultant, a test on such blood specimen is necessary in order to determine the proper prophylactic treatment or advice for the exposed worker, provided that the source individual or the source individual's legal guardian consents to such test and the disclosure of such test results.

(e) Maintain a record relating to any emergency response/public safety worker's exposure to an infectious disease. The manner of recordkeeping shall assure the confidentiality of all information.


Source. 1989, 374:1. 1995, 310:175. 1996, 145:2. 2009, 54:5. 2012, 152:4, eff. Jan. 1, 2013.

    141-G:3 Infection Control Officer. 

I. The senior facility administrator of each health care facility licensed under RSA 151 shall designate an infection control officer for the purpose of carrying out this chapter. That person shall be the infection control practitioner, hospital epidemiologist, hospital infection control chairman or a licensed physician or registered nurse who is knowledgeable of the facility's infection control policies and procedures.

II. When the source individual is transported to a health care facility, the infection control officer shall:

(a) Receive copies of emergency response/public safety worker incident report forms and coordinate the acquisition of any source individual information required for evaluating an emergency care worker's possible exposure and for evaluating the possible exposure of an individual protected under RSA 508:12, if any.

(b) Review the incident report form and source individual medical information.

(c) Notify the medical referral consultant, in accordance with RSA 141-G:5, of any source individual infection which, in the event that an unprotected exposure occurred, may place an emergency response/public safety worker at significant risk for disease.

(d) Notify public health in accordance with RSA 141-C:7, of any source individual infection which, in the event that an unprotected exposure occurred, may place an individual protected under RSA 508:12 at tangible risk for disease.


Source. 1989, 374:1. 2012, 152:1, eff. Jan. 1, 2013.

    141-G:4 Notification by Emergency Response/Public Safety Workers. 

I. Any emergency response/public safety worker who, while in the line of duty, sustains an unprotected exposure to himself or herself or another individual protected under RSA 508:12, or who suspects such an exposure, shall, as soon as possible, provide a copy of the emergency response/public safety worker incident report form to the worker's medical referral consultant. If the source individual is transported to a health care facility licensed under RSA 151, the exposed worker shall also provide a copy of the incident report form to the infection control officer of the facility as soon as possible after arrival of the source individual at the facility.

II. The department shall prepare and distribute the emergency response/public safety worker incident report form. The form shall include, at a minimum, the names of persons who believe they have sustained an unprotected exposure, the manner in which the exposure occurred, the name of the employer's medical referral consultant and such other relevant information that the department may require by rule adopted under RSA 141-G:6.

III. Nothing in this section shall be construed as negating whatever responsibility the fire department, police department, correctional facility, or emergency medical services unit might have for the protection and care of its employees, or the responsibility of any emergency care worker to safeguard such emergency care worker's health by using all appropriate protective equipment provided by the employer, by following appropriate procedures, and by seeking medical advice and attention when prudent.


Source. 1989, 374:1. 1993, 16:3. 1995, 310:175. 1996, 145:3, 4. 2012, 152:2, eff. Jan. 1, 2013.

    141-G:5 Notification by Health Care Facilities;  Duties of Department;  Confidentiality. 

I. When the source individual is transported to a health care facility licensed under RSA 151, the infection control officer shall receive and review a copy of the emergency response/public safety worker incident report form. If the transported source individual is diagnosed as having an infectious disease which could have been transmitted via the unprotected exposure, the infection control officer shall orally notify within 48 hours and in writing notify within 72 hours of the determination, the medical referral consultant listed on the form. The notice shall include, but not be limited to, the finding, if any, that an unprotected exposure may have occurred and the identity of such infectious disease. The infection control officer or health care facility shall provide the source individual diagnosed as having the infectious disease with the names of persons who were informed of the source individual's condition.

II. The department shall determine the method by which the written notification of the incident report is conveyed to the medical referral consultant.

III. When the source individual is transported to a health care facility licensed under RSA 151, the testing performed on the transported source individual to complete the diagnosis under paragraph I shall not be in addition to any testing which would be conducted during the care and treatment of the individual, unless additional tests are determined as necessary by the infection control officer and the individual's attending physician because of the nature of the unprotected exposure, and the individual consents to the tests.

IV. Notwithstanding the provisions of this chapter, any drawing of blood and testing carried out under this chapter for the presence of the human immunodeficiency virus, any notifications of persons about such test results, and the confidentiality of such test results shall be in accordance with the provisions of RSA 141-F.


Source. 1989, 374:1. 1995, 310:175. 1996, 145:5, eff. July 23, 1996.

    141-G:6 Rulemaking. 

The commissioner shall adopt rules under RSA 541-A relative to:

I. Form, content and distribution of the standardized emergency response/public safety worker incident report form required under RSA 141-G:4.

II. A definition of blood or other potentially infectious material.

III. A definition of infectious disease.

IV. Manner of recordkeeping to ensure confidentiality under RSA 141-G:2, II(e).

V. Further definition of an unprotected exposure.

VI. Content and format of all notices and forms required under this chapter.

VII. Minimal requirements for a medical referral consultant alternate as required under RSA 141-G:2, I.

VIII. Preparation and distribution of the incident report form as required under RSA 141-G:4, II.


Source. 1989, 374:1. 1995, 310:183, eff. Nov. 1, 1995.

    141-G:7 Immunity From Civil Liability. 

No facility licensed under RSA 151 or agent, employee, administrator, physician, official, other representative of such facility, or emergency response/public safety worker shall be held jointly or severally liable, either as a facility or personally, for reporting as required under this chapter, if such report was made in good faith and was in accordance with the confidentiality procedures of the facility and RSA 141-F. All such parties who have acted in good faith shall have total immunity from civil or criminal liability for any act performed in the fulfillment of the duties imposed by this chapter.


Source. 1989, 374:1. 2012, 152:3, eff. Jan. 1, 2013.

    141-G:8 Definitions. 

As used in this subdivision:

I. "
Advanced practice registered nurse
" means a registered nurse licensed by the state of New Hampshire pursuant to RSA 326-B:18.

II. "
Applicant
" means a person who applies for a testing order or on whose behalf an application for a testing order is made.

III. "
Bloodborne pathogens
" means pathogenic microorganisms that are present in human blood and can cause disease in humans. These pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus (HCV), and human immunodeficiency virus (HIV).

IV. "
Court
" means the district division of the circuit court.

V. "
Commissioner
" means the commissioner of the department of health and human services.

VI. "
Healthcare provider
" means all persons working in a healthcare setting who have the potential for exposure to infectious materials, including, but not limited to, body substances.

VII. "
Physician
" means a medical practitioner licensed by the state of New Hampshire pursuant to RSA 329:12.

VIII. "
Physician assistant
" means a physician assistant licensed by the state of New Hampshire pursuant to RSA 328-D:2.

IX. "
Source individual
" means any person whose blood, body fluids, tissue, or organs were specifically identified as the source of a bloodborne pathogen exposure to an applicant under this subdivision.

X. "
Test results
" means results of an analysis conducted for the purposes referred to in this subdivision.

XI. "
Testing order
" means an order under RSA 141-G:11, I.

XII. "
Unprotected exposure
" includes instances of commingling of blood or other potentially infectious material of a source individual and an applicant, which is capable of transmitting a bloodborne pathogen or any other such type of exposure that may be designated by the commissioner by rule adopted under RSA 141-G:19.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-G:9 Notice of Intention. 

A person who intends to apply under RSA 141-G:10, I for a testing order after an unprotected exposure to a source individual shall provide notice of that intention to the source individual in accordance with rules adopted under RSA 141-G:19.


Source. 2017, 208:1, eff. Sept. 8, 2017.

    141-H:1 Definitions. 

In this chapter:

I. "Disability income insurance" means insurance intended to protect against loss of occupational earning capacity arising from injury, sickness, or disablement, including insurance that provides benefits for overhead expenses or purchase of a business or profession when the insured becomes disabled.

II. "Employment" means work performed by an employee for an employer for remuneration.

III. "Employment agency" has the meaning given in RSA 354-A:2, VIII.

IV. "Genetic testing" means a test, examination, or analysis which is generally accepted in the scientific and medical communities for the purpose of identifying the presence, absence, or alteration of any gene or chromosome, and any report, interpretation, or evaluation of such a test, examination, or analysis, but excludes any otherwise lawful test, examination, or analysis that is undertaken for the purpose of determining whether an individual meets reasonable functional standards for a specific job or task.

V. "Health insurance" means any arrangement with any entity which pays medical claims on behalf of an individual, an employee, or dependents, including any such arrangement evidenced by a hospital or medical policy or certificate, hospital or medical service plan or contract, or health maintenance organization group or individual subscriber contract, or self insurance plan or contract, or other evidence of coverage, except for the purposes of this chapter, "health insurance" shall not mean life, disability income, or long-term care insurance.

VI. "Individual" means a human being.

VII. "Labor organization" has the meaning given in RSA 354-A:2, X.

VIII. "Licensing agency" means a unit of government which is authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend an occupation license.

IX. "Life insurance" means insurance in which the risk contemplated is the death of a particular individual upon which event the insurer pays a stipulated sum, or the type of insurance defined in RSA 401:1, III.

X. "Long-term care insurance" means the types of insurance defined in RSA 415-D:3, V.

XI. "Person" includes a human being, an association or organization, a trust, corporation, and partnership.


Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:2 Conditions of Genetic Testing. 

I. Except as otherwise provided in this chapter, no individual or member of the individual's family shall be required to undergo genetic testing as a condition of doing business with another person.

II. Except as required to establish paternity under RSA 522, or as required to test newborns for metabolic disorders under RSA 132:10-a, or as required for purposes of criminal investigations and prosecutions, or as is necessary to the functions of the office of chief medical examiner, no genetic testing shall be done in this state on any individual or anywhere on any resident of this state based on bodily materials obtained within this state, without the prior written and informed consent of the individual to be tested, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. The results of any such test shall be provided only to those persons approved in writing by the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. No person shall refuse to perform genetic testing, or to arrange for genetic testing to be performed, or to do business with an individual, solely because the individual to be tested refuses to consent to providing the test results to some or all persons.

III. Except as provided in paragraph II, or authorized by RSA 141-J, no person shall disclose to any other person that an individual has undergone genetic testing, and no person shall disclose the results of such testing to any other person, without the prior written and informed consent of the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person.

IV. Nothing in this section shall be construed to regulate or apply to genetic testing or genetic analysis used for diagnosis and treatment of a patient by a clinical laboratory that has received a specimen referral from the individual patient's treating physician, genetic counselor, or another clinical laboratory. Nothing in this section shall be construed so as to waive the requirement that the treating physician obtain specific informed consent in accordance with the provisions of this section.


Source. 1995, 101:1. 2000, 304:1. 2008, 186:2. 2013, 271:7, eff. July 1, 2013.

    141-H:3 Use of Genetic Testing in Employment Situations. 

I. No employer, labor organization, employment agency, or licensing agency shall directly or indirectly:

(a) Solicit, require or administer genetic testing relating to any individual as a condition of employment, labor organization membership, or licensure.

(b) Affect the terms, conditions, or privileges of employment, labor organization membership, or licensure or terminate the employment, labor organization membership, or licensure of any individual based on genetic testing.

II. Except as provided in paragraph IV of this section, no person shall sell or otherwise provide to an employer, labor organization, employment agency or licensing agency any genetic testing relating to an employee, labor organization member or licensee or to a prospective employee, labor organization member or licensee.

III. Any agreement between an employer, labor organization, employment agency, or licensing agency and an individual offering employment, labor organization membership, licensure, or any pay or benefit to that individual in return for taking a genetic test is prohibited.

IV. This section shall not prohibit the genetic testing of an employee who requests to undergo genetic testing and who provides written and informed consent to genetic testing for any of the following purposes:

(a) Investigating a worker's compensation claim under RSA 281-A.

(b) Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition, or privilege of the employee's employment, as a result of genetic testing.

V. This section shall not prohibit or limit genetic testing for evidence of insurability with respect to life, disability income, or long-term care insurance under the terms of an employee benefit plan.


Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:4 Use of Genetic Testing in Health Insurance. 

A health insurer in connection with providing health insurance shall not:

I. Require or request directly or indirectly any individual or a member of the individual's family to undergo genetic testing.

II. Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.

III. Condition the provision of health insurance coverage or health care benefits on whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.

IV. Consider in the determination of rates or any other aspect of health insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.


Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:5 Use of Genetic Testing in Life, Disability Income, and Long-Term Care Insurance. 

I. Except as provided in paragraph II of this section, the provisions of this chapter shall not apply to the provision of life insurance, disability income insurance, or long-term care insurance.

II. A person in the business of providing life, disability income, or long-term care insurance who obtains information with respect to any genetic testing of an individual or a member of the individual's family shall not use that information in writing a type of insurance coverage other than life, disability income, or long-term care insurance.


Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:6 Civil Action. 

An aggrieved individual may bring a civil action under this chapter and, if successful, shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.


Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-I:1 Ear Piercing. 

All ear piercing devices, including but not limited to earrings, needles, and associated parts, that come in direct contact with the client's skin during the ear piercing process shall be single-use prepackaged sterilized units. Reusable stabilizing devices used in ear piercing that come in direct contact with the client's skin shall be cleaned and sterilized after each use in accordance with rules adopted pursuant to RSA 314-A. Any person violating the provisions of this chapter shall be guilty of a violation. Nothing in this chapter shall be construed to affect persons operating in compliance with the New Hampshire code of administrative rules, He-P 1103.02.


Source. 1999, 320:1, eff. Jan. 1, 2000.

    141-J:1 Birth Conditions Program Authorized. 

The department of health and human services may establish and maintain a statewide, population-based public health surveillance program on birth conditions, to be known as the New Hampshire birth conditions program if established. The program shall:

I. Determine the prevalence and trends of birth conditions among New Hampshire residents.

II. Develop and assess prevention strategies relating to birth conditions.

III. Promote scientific collaboration through data analysis, investigations, and epidemiological studies on the public health impact of birth conditions and possible cause of birth conditions, including exposure to environmental or occupational hazards, maternal and stillborn fetal conditions, and illnesses or complications during pregnancy, labor, or delivery.


Source. 2008, 186:1, eff. June 11, 2008.

    141-J:10 Penalties. 

I. Any person who violates the provisions of this chapter is guilty of a class B misdemeanor.

II. An individual harmed by a person violating this chapter may bring a civil action against the person and, if successful, shall be awarded the greater of actual damages or liquidated damages of $2,500 for each violation, reasonable attorneys' fees and other litigation costs reasonably incurred, and such other equitable relief as the court determines to be appropriate.


Source. 2008, 186:1, eff. June 11, 2008.

    141-J:11 Advisory Panel. 

If the department establishes or maintains the New Hampshire birth conditions program, the department shall establish an advisory panel for the program. The panel shall provide technical guidance regarding the operation of the program and such assistance as needed to carry out the program's goals. The panel shall include representatives from:

I. Health care services.

II. Persons or agencies that may use program data in discharging duties or undertaking research.

III. The New Hampshire March of Dimes and other organizations concerned with birth conditions.

IV. Parents of children with birth conditions and adults with birth conditions.


Source. 2008, 186:1, eff. June 11, 2008.

    141-J:2 Definitions. 

In this chapter:

I. "
Birth condition
" means one or more of the birth conditions recommended by the National Birth Defects Prevention Network and/or the Centers for Disease Control and Prevention.

II. "
Commissioner
" means the commissioner of the department of health and human services.

III. "
Department
" means the department of health and human services.

IV. "
Health information
" means vital records, hospital discharge data, parental, stillborn fetal, pediatric, or infant medical records, hospital or clinic records, results of genetic tests relating to birth conditions in infants and children, or fetal death reports indicating the birth conditions only but not the tests themselves or any other information therefrom, records of induced termination of pregnancies as to which a diagnosis of a birth condition has been made provided that such information does not include any individually identifiable health information or information that identifies the physician or other medical provider, laboratory reports, and infant, pediatric, or stillborn fetal autopsy reports.

V. "
Individually identifiable health information
" means health information that explicitly or by implication identifies the individual who is the subject of the information including names, street addresses, birth dates, death dates, admission or discharge dates, telephone numbers, facsimile numbers, electronic mail addresses, social security numbers, medical record numbers, health plan beneficiary numbers, account numbers, certificate/license numbers, biometric identifiers, including finger and voice prints, genetic tests, facial photographic or other images, any other unique identifying number, characteristic, or code.


Source. 2008, 186:1, eff. June 11, 2008. 2017, 42:1, eff. May 9, 2017.

    141-J:3 Program Access to Health Information. 

I. Health care providers, health care facilities, clinics, laboratories, medical records departments, and state offices, agencies, and departments shall allow the program to have access to individually identifiable health information relating to the occurrence of birth conditions in children, infants, or stillborn fetuses. The program may acquire the same information relating to New Hampshire residents from health care facilities, birth conditions surveillance programs, and other sources in other states. The program shall not provide individually identifiable health information relating to New Hampshire residents to any similar program operated by any other state or the federal government.

II. Except as otherwise provided in this chapter, no health care provider, health care facility, clinic, laboratory, medical records department, or state office, agency, or department shall be held liable in any action for civil damages for providing the department or the program with access to individually identifiable health information authorized by paragraph I.


Source. 2008, 186:1, eff. June 11, 2008.

    141-J:4 Program Ability to Share Data. 

Program staff and authorized department employees, agents, and contractors may use or disclose individually identifiable health information solely for the purposes specified in RSA 141-J:1. Such uses or disclosures shall be limited to the minimum amount of individually identifiable health information necessary to further such purposes.


Source. 2008, 186:1, eff. June 11, 2008.

    141-J:5 Election Not to Participate in the Program. 

I. An individual who is the subject of individually identifiable health information may elect not to participate in the program. If the individual is a minor or is legally incompetent, the individual's parent or legal guardian may so elect on the individual's behalf.

II. The program shall notify each individual with a confirmed birth condition diagnosis whose individually identifiable health information it proposes to include in the program of the election prior to obtaining any individually identifiable health information relating to the individual, other than name and address and diagnosis. The program shall not obtain any individually identifiable health information for any individual who does not have a confirmed birth condition diagnosis and shall retain the name and address only of any such individual for a period not to exceed 2 years.

III. The notices required by paragraph II shall be in writing, on a form developed and revised from time to time by the commissioner. At a minimum, the notice shall:

(a) Be written in clear, plain language.

(b) Contain the following:

(1) A statement explaining the nature and purpose of the program.

(2) A statement of the election in paragraph I or the absence of a statement of election in paragraph V, and a statement of the election in RSA 141-J:6, I.

(3) Contact information for the program.

(4) A place for the individual to sign and date.

IV. If an individual elects not to participate in the program, the program shall acknowledge in writing that it has received and will honor the election.

V. If the program has notified an individual pursuant to paragraph II or III, and within 60 days of providing such notice has not received the individual's election not to participate in the program, the program may obtain access to, or retain, as the case may be, individually identifiable health information relating to the individual.

VI. The program shall not acquire, retain, use, or disclose individually identifiable health information, including birth condition, with respect to those individuals who have elected not to participate in the program under paragraph I or RSA 141-J:6, I. The program shall retain a list of those individuals who have elected not to participate in the program and the dates of such elections but shall not disclose this information to any other entity.


Source. 2008, 186:1, eff. June 11, 2008.

    141-J:6 Rights of Individuals. 

An individual with respect to whom the program retains individually identifiable health information may:

I. Elect at any time not to participate in the program. Upon such election, the program shall remove any individually identifiable health information relating to the individual.

II. Review any individually identifiable health information in program records relating to the individual.

III. Upon payment of any reasonable costs involved, obtain a copy of any individually identifiable health information in program records relating to the individual.

IV. Request amendments or corrections to the individual's individually identifiable health information in program records.

V. Prohibit the release of individually identifiable health information in program records relating to the individual.

VI. Review and, upon payment of any reasonable costs involved, obtain a copy of the list of persons given access to individually identifiable health information relating to the individual.


Source. 2008, 186:1, eff. June 11, 2008.

    141-J:7 Program Records Not Public Records. 

Any individually identifiable health information acquired, used, disclosed, or retained by the program shall not constitute a public record. The names and addresses of individuals who have elected not to participate in the program shall not be a public record. No individually identifiable health information retained by the program shall be discoverable or compelled to be produced pursuant to subpoena or compelled testimony in any legal proceeding without the written authorization of the person about whom the information relates. Analyses and compilations of data that do not disclose individually identifiable health information shall be available to the public under RSA 91-A.


Source. 2008, 186:1, eff. June 11, 2008.

    141-J:8 Privacy and Confidentiality Protections. 

I. Any person allowed access to individually identifiable health information in program records shall sign a confidentiality agreement, in a form specified by the department, requiring adherence to privacy and security protections equivalent to or greater than the protections provided in this chapter.

II. The department shall maintain a list of any persons other than program staff given access to individually identifiable health information. The list shall include:

(a) The name of the person authorizing access.

(b) The name, title, and organizational affiliation of each person given access.

(c) The date of access.

(d) The specific purpose for which the information was used.

III. Individually identifiable health information in the records of the program may be retained for 18 years or, if the information relates to a minor, until the individual reaches the age of 18. Thereafter, the program may use and retain the information only in a form where an individual's identity cannot be discerned.


Source. 2008, 186:1, eff. June 11, 2008.

    141-J:9 Rulemaking. 

The commissioner of the department of health and human services may adopt rules under RSA 541-A concerning the following:

I. The form and manner through which information shall be made available to and by the program under RSA 141-J:3 and 4.

II. The election procedure pursuant to RSA 141-J:5.

III. The rights of individuals under RSA 141-J:6.

IV. The privacy and confidentiality protections under RSA 141-J:8.


Source. 2008, 186:1, eff. June 11, 2008.

    142-A:1 Definitions. 

In this chapter:

I. "
Best available science
" means findings of fact carefully and impartially derived from the application of the scientific method and based upon all of the available information, published and unpublished alike. Best available science does not require that state agencies have all of the data or perfect data before reaching a decision.

II. "
Best medical and public health practice
" means programs, interventions, treatments, or policies that through experience and experiment have been evaluated and shown to be generally applicable to reducing the risk of human-acquired arboviral illness.

III. "
Best management practices
" mean techniques, methods, processes, or activities that through experience and best available science have proven to be the most effective and practical means of managing mosquito populations, while minimizing adverse impacts.

IV. "
Commissioner
" means the commissioner of the department of health and human services.

V. "
Department
" means the department of health and human services.


Source. 2008, 290:2, eff. June 27, 2008.

    142-A:2 Mosquito Control Policy;  Principles. 

I. Mosquitoes can harbor organisms and infect people with diseases that pose a serious risk to the public health. When an increased threat of disease is discovered through surveillance, a state agency may select targeted control of mosquitoes as a measure to reduce human health risk.

II. The mosquito control policy is based on the public health principle of primary prevention, meaning that disease prevention through public awareness, continuing education, and personal responsibility shall take precedence over the use of pesticide-based mosquito control measures.

III. Because authority for monitoring and treatment of mosquito populations exists at the local level, maximum benefit to the public is achieved when local, state, and federal mosquito control policies are applied in a clear, consistent, and coordinated manner.

IV. The control of mosquitoes on state lands requires a careful balance between the state's obligation to protect the health and wellbeing of the public and the state's interest in protecting those lands as expressed by the missions of the various state agencies that have been assigned responsibilities for land management.

V. Mosquito control should always be based on the best available science. Recognizing that there are uncertainties in scientific information, mosquito control shall be based on best medical and public health practice.

VI. The mosquito control policy for state agencies established in this chapter is also intended to serve as a voluntary guideline for mosquito control on lands held by other property owners.

VII. State agencies managing land shall allow mosquito control and abatement activities to occur in accordance with local mosquito control plans developed pursuant to RSA 141-C when the department has notified the appropriate agency managing state land that a public health threat declaration under RSA 141-C:25 is in effect, or has previously been in effect within the last 3 years, for the affected municipality or mosquito control district in accordance with RSA 142-A:3.

VIII. Notwithstanding RSA 142-A:3, VI, nothing in this chapter shall prohibit state agencies managing land from considering, in accordance with applicable law and rules, pesticides or other control measures not specifically identified in RSA 142-A:3.


Source. 2008, 290:2. 2011, 260:1, eff. Sept. 11, 2011.

    142-A:3 Mosquito Control Policy for State Agencies. 

I. Where feasible, state agencies managing land shall promote primary prevention by providing on-site public outreach and education that focuses on the health risks associated with mosquitoes and the importance of personal protection, complementing that provided by the department. Additionally, efforts may be taken by state agencies to promote awareness and outreach to the public prior to on-site use of state-owned lands to increase the likelihood that personal protection methods will be used. Outreach and education efforts may include awareness posters, disease and prevention fact sheets, on-site posting highlighting the nature of the threat, and disease and prevention reminders in seasonal correspondence and on agency websites.

II. State agencies managing land shall encourage and allow mosquito surveillance and monitoring on their lands by state and local public health authorities or vector control agencies or their agents using surveillance and monitoring methods approved by the department.

III. When surveillance or monitoring occurs on state lands, the state agency managing land may require that the municipality or its contracted agent contact a designated representative of the agency no less than 72 hours prior to deploying mosquito traps and within 24 hours of a positive result attained from such traps.

IV. State agencies managing land are encouraged to participate in the development and implementation of local mosquito control plans whenever a public health threat declared by the commissioner pursuant to RSA 141-C includes lands held by that agency.

V. State agencies managing land shall, when reasonable, mitigate or otherwise manage man-made and other artificial mosquito breeding sites as part of an overall integrated pest management approach.

VI. State agencies managing land shall allow the use of biological control agents, specifically Bacillus thuringiensis israelensis or Bacillus sphaericus, to control mosquito larvae in natural wetlands and water bodies on land they administer in accordance with applicable law and rules as long as those wetlands and water bodies are located in municipalities or mosquito control districts where a public health threat is declared, or has been declared within the last 3 years, by the commissioner pursuant to RSA 141-C and when the application is to be made under a special permit issued by the department of agriculture, markets and food, division of pesticide control.

VII. State agencies managing land shall allow the use of pesticides to control adult mosquitoes, in accordance with applicable law and rules, in areas where a public health threat has been declared by the commissioner pursuant to RSA 141-C and the land:

(a) Is adjacent to areas of high public use;

(b) Has areas where topographical and other conditions result in high adult mosquito populations;

(c) Is located within a focal area determined by the department to have a risk of a human outbreak of arboviral disease which warrants the use of pesticides to control adult mosquitoes as set forth in the arboviral illness response plan adopted by the department; and

(d) Is managed in accordance with general integrated pest management practices.

VIII. If an agency disagrees with the need to control mosquitoes as set forth in paragraph VII, the commissioner, after consultation with the commissioner of agriculture, markets, and food and the commissioner or executive head of the agency managing the land, shall decide whether or not the recommended mosquito control measures shall apply to the land in question.

IX. For state lands located in areas where a public health threat declaration under RSA 141-C is not in effect, but public health threat indicators, including topographical and other key environmental conditions, exist for mosquito breeding, and proximity to positive mosquito pools or human or mammal positive cases of arboviral illness support the use of larvicides as a proactive means of preventing arboviral illness, the commissioner, after consultation with the commissioner of agriculture, markets, and food and the commissioner or executive head of any relevant agency with land management responsibilities, shall decide whether or not the recommended mosquito control measures shall apply to the land in question.

X. As a condition to allowing mosquito control to take place, state agencies managing land may require advanced notice of treatment to allow enough time to visit the site and to coordinate the appropriate signage and possible access closures to prevent unintended human exposures to pesticides and their residues.

XI. State agencies managing land shall have discretion to allow chemical or biological control of adult or larval mosquitoes on state lands solely for the purpose of nuisance control.

XII. State agencies managing land shall require proof of current pesticide application licensure with the state and of indemnity insurance before allowing chemical or biological control of adult or larval mosquitoes by a third party on state lands.

XIII. Notwithstanding paragraphs VI through IX, if deed restrictions on a parcel of state-owned land prohibit the use of chemical or biological measures to control adult or larval mosquitoes, agencies with land management responsibility shall not allow the use of such control methods.

XIV. State agencies managing land shall encourage the investigation of the feasibility and appropriateness of best management practices to manage mosquito populations in both fresh and saltwater wetlands in the long term.


Source. 2008, 290:2. 2011, 260:2, eff. Sept. 11, 2011.

    143-A:1 Citation. 

This chapter shall be known and may be cited as the "Food Service Licensure Act."


Source. 1986, 106:1, eff. Jan. 1, 1987.

    143-A:10-a Administrative Fines. 

The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.


Source. 1991, 355:34. 1995, 310:182, 183, eff. Nov. 1, 1995.

    143-A:10 Penalty. 

Whoever violates any of the provisions of this chapter or fails to comply with the lawful orders and requirements of the commissioner shall, upon conviction of a:

I. First offense, be guilty of a violation;

II. Second offense, be guilty of a misdemeanor; and

III. Third offense, be guilty of a misdemeanor, if a natural person, or be guilty of a felony, if any other person.


Source. 1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995.

    143-A:11-a Certified Food Protection Manager. 

I. (a) Each food service establishment licensed by the state under RSA 143-A:6 shall have a person in charge and present during all hours of operation trained as a certified food protection manager by a program approved by the Conference for Food Protection or other equivalent industry standards program.

(b) The requirement in subparagraph (a) shall not apply under these conditions:

(1) Food establishments having at least one certified food protection manager on staff shall not be required to have the certified food protection manager present when no food preparation is taking place;

(2) Food establishments having at least one certified food protection manager on staff shall not be required to have the certified food protection manager present when food preparation is limited to reheating commercially prepared food or ready to eat food; or

(3) Food establishments having 5 food employees or less on duty are required to have only one certified food protection manager on staff who is available, although not required to be present, during all hours of operation.

II. This section shall not apply to any food service establishment exempt from licensure or inspection under RSA 143-A:5.

III. This section shall not apply to food establishments licensed under RSA 143-A:6 as food processing plants, cold storage or refrigerating warehouses; retail stores with no food preparation or limited to self service foods, servicing areas, bed and breakfasts, lodging facilities serving continental breakfasts, home delivery services of packaged frozen food; pushcarts and other mobile food units, those serving packaged food and non-potentially hazardous unwrapped foods only; wholesalers/distributors; on-site vending machines, bars/lounges without a food preparation area; arena/theater concessions serving non-potentially hazardous; sellers of pre-packaged frozen meat or poultry that is processed in a USDA-inspected plant; homestead food operations.


Source. 2021, 205:2, Pt. X, Sec. 1, eff. Aug. 10, 2021.

    143-A:11 Injunctive Relief. 

The operation of a food service establishment or a retail food store without a license issued under this chapter, or the continued operation of such establishment or store after a license has been revoked or has expired, is declared to be a danger to the public health. In addition to any other civil, criminal, or disciplinary remedy, the attorney general, the commissioner, the prosecuting attorney of any county or municipality where the food service establishment or retail food store is operating, or any citizen may, in accordance with the laws of this state, maintain an action to enjoin that establishment or store from operation until a valid license is issued. An injunction without bond is available to the commissioner for enforcement of this chapter.


Source. 1989, 17:2. 1995, 310:183, eff. Nov. 1, 1995.

    143-A:12 Homestead Food License Required. 

I. In this subdivision:

(a) "
Homestead food operation
" means a person who produces homestead food products, excluding potentially hazardous food, only in the home kitchen of that person's primary residence in New Hampshire.

(b) "
Potentially hazardous food
" means foods requiring temperature control for safety because they are capable of supporting the rapid growth of pathogenic or toxigenic microorganisms, and the growth of toxin production of clostridium botulinum. Potentially hazardous foods also include processed acidified and low acid canned foods.

(c) "
Homestead food products
" means all food except potentially hazardous food, and as defined in rule by the commissioner of the department of health and human services through rulemaking under RSA 143-A:13.

II. Homestead food operations selling less than the maximum annual gross sales of food as defined in RSA 143-A:5, VII, excluding potentially hazardous food, from the homestead residence, at the owner's own farm stand, at farmers' markets, or at retail food stores are exempt from licensure and departmental inspection under this subdivision, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b.

III. Homestead food operations that exceed the maximum annual gross sales of food as defined in RSA 143-A:5, VII or homestead food operations who wish to sell food products, excluding potentially hazardous food, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead product shall be licensed under RSA 143-A:4.

IV. All homestead food products sold in packages from the home kitchen, farm stand of a homestead food operation, at farmers' markets, or at retail food stores shall have individual labels on each package containing the following information: name, address, and phone number of the homestead food operation; name of the homestead food product; the ingredients of the homestead product, in descending order of predominance by weight; and allergy information. Products made by homestead food operations exempt from licensure shall also be clearly labeled with the following statement: "This product is exempt from New Hampshire licensing and inspection." Products made by nonexempt homestead food operations shall also be clearly labeled with the following statement: "This product is made in a residential kitchen licensed by the New Hampshire Department of Health and Human Services."


Source. 2006, 133:2, eff. Jan. 1, 2007. 2009, 144:205, eff. July 1, 2009. 2012, 163:2, eff. June 7, 2012. 2013, 136:1, 2, eff. June 27, 2013. 2014, 171:1, eff. Sept. 9, 2014. 2015, 84:1, 2, eff. Aug. 4, 2015. 2017, 87:6, eff. July 1, 2017. 2022, 133:2, eff. Aug. 6, 2022.

    143-A:13 Rulemaking. 

The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food shall adopt rules, pursuant to RSA 541-A, relative to:

I. Foods which may be made in a homestead food operation and potentially hazardous foods, which shall not be made in a homestead food operation.

II. Content and format of all labeling requirements.

III. Licensing requirements for homestead food operations exceeding the annual maximum gross sales limit or homestead food operations who wish to sell food products, excluding potentially hazardous foods, to restaurants or other retail food establishments, over the Internet, by mail order, or to wholesalers, brokers, or other food distributors who will resell the homestead food product.

IV. Content and format of all forms required under this subdivision.

V. Fees for non-exempt homestead food operation licenses, including application fees and fees for renewal.


Source. 2006, 133:2, eff. Jan. 1, 2007. 2009, 144:206, eff. July 1, 2009. 2012, 163:3, eff. June 7, 2012.

    143-A:14 Definitions. 

In this subdivision:

I. "
Federally exempt poultry producer
" means a poultry producer that qualifies for a federal exemption from inspection under the federal Poultry Products Inspection Act.

II. "
Licensed restaurant
" means a food service establishment, licensed under RSA 143-A:4, which is in a fixed location that is adequate and sanitary, where food is prepared primarily for service of a meal intended for purchase and consumption by the consumer.

III. "
Poultry
" means any domesticated bird, whether alive or dead.

IV. "
Poultry producer
" means any person who raises poultry and sells it for human consumption.

V. "
Processed
" means the animal has been slaughtered and cleaned in a sanitary manner so that it is ready for use as human food but has not been further prepared or treated, except as needed to package and store it.

VI. "
Rabbit
" means any domesticated member of the family Leporidae of long-eared, short-tailed lagomorph mammals with long hind legs, whether alive or dead.

VII. "
Rabbit producer
" means any person who raises rabbits and sells them for human consumption.

VIII. "
Uninspected
" means poultry or rabbits that are not individually marked as having passed inspection as prescribed by the United States Department of Agriculture or in accordance with RSA 427.


Source. 2014, 165:2, eff. Oct. 9, 2014.

    143-A:15 Purchase of Uninspected Poultry and Rabbits by Licensed Restaurants. 

I. A licensed restaurant may purchase uninspected, processed, whole poultry or rabbits from unlicensed rabbit producers or federally exempt poultry producers who provide proof of compliance with the registration and educational requirements of this subdivision. All packaging containing uninspected poultry and rabbits shall be clearly labeled to include, but not be limited to, the following information: the name and address of the farm where the product originates and the date of slaughter.

II. For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.

III. The licensed restaurant shall clearly label any menu item containing uninspected poultry or rabbit with the following statement: "This product has been raised and processed on a New Hampshire farm and is exempt from state and federal inspection."


Source. 2014, 165:2, eff. Oct. 9, 2014. 2017, 87:7, eff. July 1, 2017.

    143-A:16 Producer Requirements. 

I. A federally exempt poultry producer may, in a calendar year, sell to licensed restaurants uninspected, processed whole poultry that the producer has raised in a quantity not to exceed the federal limit established in 21 U.S.C. section 464 and an unlicensed rabbit producer may, in a calendar year, sell to licensed restaurants up to 1,000 uninspected, processed whole rabbits that the producer has raised, provided all of the following conditions are met:

(a) The producer is current with all educational requirements that are established by the commissioner in consultation with the commissioner of agriculture, markets, and food relative to proper methods of slaughtering, processing, packaging, and storing poultry or rabbit on the farm and its subsequent transport to restaurants; and

(b) The producer has registered with the department of agriculture, markets, and food by providing his or her name, the name and address of the farm, and phone number, to allow for trace back in the event of disease outbreak. Such registry information shall be protected pursuant to RSA 436:6-a.

II. The department may inspect these exempt products when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b.


Source. 2014, 165:2, eff. Oct. 9, 2014. 2016, 26:1, eff. June 24, 2016. 2017, 87:8, eff. July 1, 2017.

    143-A:17 Rulemaking. 

The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food, shall adopt rules, pursuant to RSA 541-A, relative to:

I. Content and format of all labeling requirements, except for the label content required under RSA 143-A:15, III;

II. Educational requirements under RSA 143-A:16, I, which may include a continuing education component; and

III. The method by which proof of compliance by producers with the registration and educational requirements of this subdivision can be demonstrated to licensed restaurants, which may include an online listing of compliant producers.


Source. 2014, 165:2, eff. Oct. 9, 2014.

    143-A:18 Definition of Uninspected Bison. 

For purposes of this subdivision, "
uninspected bison
" means carcasses, parts, meat, and meat food products of bison slaughtered and processed in accordance with RSA 427:16, XII and sold or to be sold as provided in RSA 427:2-a, IV.


Source. 2016, 36:3, eff. July 2, 2016. 2017, 145:13, eff. Aug. 15, 2017.

    143-A:19 Labeling;  Meat from Uninspected Bison. 

All packaging containing uninspected bison shall be clearly labeled to include a description of the product, the name, address, and telephone number of the farm where the product originates, and the date of slaughter.


Source. 2016, 36:3, eff. July 2, 2016.

    143-A:2 Purpose. 

The purpose of this chapter is to ensure that the health of the public is protected from the consumption of food contaminated by food service establishments or retail food stores during storage, preparation, service, or display, and to ensure that food service establishments and retail food stores have adequate facilities for the storage, preparation, service, or display of food.


Source. 1986, 106:1, eff. Jan. 1, 1987.

    143-A:20 Purchase of Uninspected Bison by Licensed Restaurants. 

I. A licensed restaurant, as defined in RSA 143-A:14, II, may purchase from bison producers uninspected bison that is labeled in accordance with RSA 143-A:19.

II. For at least 90 days from the date of each purchase, the licensed restaurant shall keep on file the receipt of purchase to include the product purchased, the date of purchase, the name of the producer, the name and address of the farm, and phone number.

III. The licensed restaurant shall clearly label any menu item containing uninspected bison with the following statement: "This product was slaughtered at the farm and is exempt from state and federal inspection."


Source. 2016, 36:3, eff. July 2, 2016.

    143-A:21 Definitions. 

In this chapter:

I. "
Community supported agriculture
" or "
CSA
" means a distribution system in which a farmer distributes produce directly to consumers.

II. "
Department
" means the department of health and human services.

III. "
Distributor
" means a person who purchases wild mushrooms from a harvester and sells to food establishments or direct to the public. Distributor shall not include food establishments.

IV. "
Food establishment
" means a food service establishment or retail food store licensed under RSA 143-A, as well as farmers market, farm stand, and CSA.

V. "
Harvester
" means a person who forages for and harvests wild mushrooms for sale to a distributor, food establishment, or to the public.

VI. "
Identifier
" means a person who identifies wild mushrooms collected by a harvester on behalf of a distributor or a food establishment.

VII. "
Mushroom
" means the fleshy, spore-bearing, fruiting body of a fungus.

VIII. "
Tier 1 mushroom
" means a wild mushroom which is easily identified, that has no toxic look-alikes, and which is unlikely to cause illness in humans.

IX. "
Tier 2 mushroom
" means a wild mushroom which is difficult to identify, may have toxic look-alikes, or may cause illness in some humans.


Source. 2021, 70:1, eff. July 1, 2022.

    143-A:22 License Required. 

I. No person shall identify, harvest, or offer wild mushrooms for sale unless he or she is licensed by the department.

II. A wild mushroom identifier, harvester, and distributor may receive a tier 1 license upon the following:

(a) Payment of a fee of $75 to the department.

(b) Fulfilling educational requirements approved by the department.

(c) Passing an exam on the tier 1 mushroom list approved by the department.

III. A wild mushroom identifier, harvester, and distributor may receive a tier 2 license upon the following:

(a) Payment of a fee of $75 to the department.

(b) Fulfilling educational requirements set by the department.

(c) Passing an exam on the tier 2 mushroom list approved by the department.

IV. Licenses shall be valid for 5 years from the date of issue. A person holding a valid mushroom identifier, harvester, and distributor license may renew such license after completion of an on-line renewal course and payment of a $30 fee.

V. A licensee may only identify, harvest, and sell mushrooms from the tier list corresponding to the tier license they hold, however a tier 2 licensee may also identify, harvest, and sell mushrooms from the tier 1 list.

VI. The department may revoke a license for good cause including, but not limited to, the harvest, distribution or sale of wild mushrooms in a manner not consistent with this chapter and the educational program required under this section, failure to keep records in accordance with this subdivision, or the sale of wild harvested mushrooms not included on the tier 1 or tier 2 lists.

VII. A licensed mushroom identifier, harvester, and distributor shall present his or her license to the purchaser of his or her mushrooms at the time of sale and to the department of health and human services or to the department of agriculture, markets, and food upon request.

VIII. A person harvesting wild mushrooms for personal use shall not require a license.

IX. A licensee may harvest from a property only with documented permission from the land owner or land manager.


Source. 2021, 70:1, eff. July 1, 2022.

    143-A:23 Labeling Requirements;  Recordkeeping. 

I. All mushrooms harvested by a person licensed under this subdivision for sale shall be labeled with the following:

(a) The name, address, and license number of the licensed mushroom identifier, harvester, and distributor.

(b) The species of mushroom.

(c) The weight sold.

(d) The date of harvesting.

(e) The county of harvesting.

II. A copy of such label shall be retained by the licensed mushroom identifier, harvester, and distributor for one year, as well as information on the specific harvest location of all mushrooms harvested.

III. A copy of such label shall be retained by the food service establishment for 90 days.

IV. Such records shall be available for inspection upon request by the department of health and human services and the department of agriculture, markets, and food.


Source. 2021, 70:1, eff. July 1, 2022.

    143-A:24 Sale of Wild Mushrooms. 

A licensed food service establishment or retail food store within the state may only sell wild mushrooms or food products made with wild mushrooms, identified, harvested, and distributed in accordance with this subdivision unless purchased from an out-of-state source approved by that state or country of origin. A licensed food service establishment or retail food store purchasing or receiving wild mushrooms from a licensed wild mushroom identifier, harvester, and distributor shall keep a record of all such transactions with the information described in RSA 143-A:23 for no less than 90 days. Such records shall be available for inspection upon request by the department of health and human services or the department of agriculture, markets, and food. The department of health and human services shall add wild mushrooms to the inspection requirements of licensed food establishments and retail food stores including verifying that such wild mushrooms sold meet the requirements of this subdivision. The department of agriculture, markets, and food may verify that wild mushrooms sold at farmers markets and farmstands meet the requirements of this subdivision.


Source. 2021, 70:1, eff. July 1, 2022.

    143-A:25 Revocation of License. 

A food service establishment or retail food store within this state licensed under this chapter may have its license revoked under RSA 143-A:7 if the department finds any of the following:

I. Records have not been kept in accordance with RSA 143-A:23 and RSA 143-A:24.

II. Purchasing or receiving wild mushrooms for use in food products from a person who is not licensed under RSA 143-A:22 unless purchased from an out-of-state source approved by that state or country of origin.

III. Purchasing or receiving wild mushrooms for use in food products that are not approved as tier 1 or tier 2 mushrooms by the department, unless purchased from an out-of-state source approved by that state or country of origin.


Source. 2021, 70:1, eff. July 1, 2022.

    143-A:26 Penalty. 

I. Any person who identifies, harvests, or distributes wild mushrooms without having a license to do so as required by this subdivision may be subject to an administrative fine levied by the commissioner of the department not to exceed $1,000 for each violation.

II. The department may issue a cease and desist order to any person selling mushrooms in violation of this subdivision at a farm stand, farmers market, food service establishment, or retail food store.

III. A food service establishment or retail food store within this state licensed under this chapter that violates this subdivision may be subject to an administrative fine levied by the department of health and human services not to exceed $1,000 per violation.

IV. A food service establishment or retail food store within this state licensed under this chapter that distributes wild mushrooms in violation of this subdivision may be subject to an administrative fine levied by the department of health and human services not to exceed $1,000 per violation.


Source. 2021, 70:1, eff. July 1, 2022.

    143-A:27 Duties;  Department of Health and Human Services. 

The department shall:

I. Maintain a database of all wild mushroom identifier, harvester, and distributor licensees. Such database shall be available to the public on the department's Internet site.

II. Approve training courses and licensing exams for tier 1 and tier 2 mushroom identifier, harvester, and distributor licenses.

III. Develop an education and notification program for food service licensees on the wild mushrooms approved for harvest and sale on the tier 1 and tier 2 lists, including but not limited to photos of such mushrooms.


Source. 2021, 70:1, eff. July 1, 2022.

    143-A:28 Rulemaking. 

The department shall adopt rules under RSA 541-A relative to:

I. The content of the required educational courses for persons applying for a tier 1 or tier 2 mushroom identifier, harvester, and distributor license, including identification of mushrooms, appropriate locations from which to harvest mushrooms, the safe handling and storage of mushrooms, record keeping requirements, and ethics of harvesting; and which shall contain no less than 12 hours of in-person instruction with a mandatory online preparation module.

II. The content of the required educational course for persons applying to renew a tier 1 or tier 2 mushroom harvester and distributor license.

III. The content of an abbreviated course which shall contain no less than 4 hours of in-person training which shall be offered for experienced identifiers, harvesters, and distributors who demonstrate competency to the department. Experienced identifiers, harvesters, and distributors may apply to the department for such course.

IV. A list of tier 1 mushrooms which are easy to identify, with no toxic look-alikes, and which are unlikely to cause illness in humans.

V. A list of tier 2 mushrooms which are more difficult to identity, which may have toxic look-alikes, or may make a small percentage of humans ill.

VI. The content and format of application forms, testing materials and procedures.

VII. The content of testing material and test taking procedures.

VIII. Evidence of licensure.

IX. The content of the database for mushroom identifier, harvester, and distributor licensees.

X. Qualifications for trainers and instructors for educational courses for tier 1 and tier 2 mushroom identifier, harvester, and distributor license.

XI. A fine schedule for violations of this subdivision.


Source. 2021, 70:1, eff. July 1, 2022.

    143-A:3 Definitions. 

I. "Commissioner" means the commissioner of the department of health and human services.

II. "Department" means the department of health and human services.

III. "Food" means any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption.

IV. "
Food service establishment
" means any fixed or mobile, attended or unattended restaurant; coffee shop; cafeteria; short order cafe; luncheonette; grill; tearoom; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; industrial feeding establishment; food processing plants; food vending operation; private or public organization or institution, whether profit or nonprofit, which routinely serves food; catering kitchen; commissary, or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other eating and drinking establishment or operation in which potentially hazardous food is served or provided for the public with or without charge.

IV-a. "
Food processing plant
" means a type of food service establishment that is a commercial operation that processes food for human consumption and provides processed food for sale and distribution to other business entities such as other food establishments. The term does not include an operation that processes food under the oversight of the department of agriculture in accordance with RSA 426, RSA 427, RSA 428, RSA 429, and RSA 434.

IV-b. "
Imminent health hazard
" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury or illness.

V. "
Occasional food service establishment
" means any food service establishment where food is served or provided for the public on the premises of the establishment, whether or not there is a charge for such food, no more than 4 days during a 30-day period. Any part of a day shall be considered one full day for the purposes of this definition.

V-a. "
Occasional food service events
" means events which are not regularly scheduled where food is provided to participants such as extracurricular school events, non-profit sporting events, and periodic events sponsored by religious or nonprofit organizations.

VI. "Person" means an individual, partnership, corporation, association, or other legal entity.

VII. "
Retail food store
" means any establishment or section of an establishment where food or food products intended for off-premise consumption are offered to the public. The term includes delicatessens which offer prepared food in bulk quantities only. It does not include establishments which handle only prepackaged, not potentially hazardous foods; roadside markets or farm stands; food service establishments; or food and beverage vending machines.

VIII. "Temporary food service establishment" means any food service establishment which operates at a fixed location for a temporary period of time not exceeding 2 weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering.


Source. 1986, 106:1. 1995, 310:100. 1997, 256:1. 2004, 211:6, eff. June 11, 2004. 2005, 229:4, eff. Sept. 9, 2005. 2011, 130:10, eff. Aug. 5, 2011. 2012, 114:1, 2, eff. July 1, 2012.

    143-A:4 License Required. 

I. It shall be unlawful for any person, unless exempted under RSA 143-A:5, to operate a food service establishment or retail food store within the state without having obtained a food service license to be issued by the commissioner. The commissioner shall not refuse to issue a food service license to any person who has complied with the requirements of this chapter.

II. The license shall at all times be conspicuously displayed in the food service establishment or retail food store and shall not be transferable.


Source. 1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995.

    143-A:5-a Soup Kitchens. 

The commissioner may exempt from licensure under this chapter soup kitchens operated for the poor.


Source. 1990, 228:5. 1995, 310:183, eff. Nov. 1, 1995.

    143-A:5 Exemptions. 

The following establishments and events shall be exempt from departmental licensure and inspection under this chapter, except that the department may inspect when the department has reason to suspect an imminent health hazard as defined in RSA 143-A:3, IV-b:

I. Food service establishments and retail food stores licensed by city health officers under RSA 47:17.

II. Food service establishments and retail food stores licensed by town health officers under RSA 147:1.

III. Temporary food service establishments and occasional food service establishments and occasional food service events which are not under the jurisdiction of city or town health officers under RSA 147:1 and RSA 47:17.

IV. Recreation camps inspected and licensed under RSA 170-E, including recreation camps that offer food to camp families or alumni in the 45 days prior to or after the camp operating season.

V. Health care facilities inspected and licensed under RSA 151.

VI. Child care facilities inspected and licensed under RSA 170-E.

VII. Homestead food operations selling less than a maximum annual gross sales of $35,000 of food, excluding potentially hazardous food as defined in RSA 143-A:12, I(b), from the homestead residence, at the owner's farm stand, or at farmers' markets.

VIII. A farm owned or operated by a federally exempt poultry producer, as defined in RSA 143-A:14, I, and the direct sale of such poultry to the consumer from the producer's farm, at the producer's farm stand, and by the producer at a farmers market, or when sold to a licensed restaurant in accordance with RSA 143-A:14 through RSA 143-A:17.

IX. A farm owned or operated by any person, firm, or corporation that raises bison for human consumption, and the direct sale within this state of the carcasses, parts, meat, and meat food products of such animals, when slaughtered and processed in accordance with RSA 427:2-a, IV, to the consumer from such farm, at the producer's farm stand, and by the producer at farmers' markets, or when sold to a licensed restaurant in accordance with RSA 143-A:20.


Source. 1986, 106:1, eff. Jan. 1, 1987. 2005, 229:5, 6, eff. Sept. 9, 2005. 2012, 163:1, eff. June 7, 2012. 2014, 165:1, eff. Oct. 9, 2014; 171:2, eff. Sept. 9, 2014. 2016, 36:1, eff. July 2, 2016. 2017, 87:3, eff. July 1, 2017; 145:12, eff. Aug. 15, 2017. 2022, 133:1, eff. Aug. 6, 2022; 272:20, eff. June 24, 2022.

    143-A:6 Application;  Issue;  Fee. 

I. Upon receipt of an application in writing from a new food service establishment or retail food store, or a food service establishment or retail food store which has changed ownership, or a food service establishment or retail food store which has had its previous license revoked, the commissioner may issue a provisional license, valid for up to 90 days, if the commissioner determines that the applicant's plan for operation and facilities are sufficient under rules adopted under RSA 143-A:9. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.

II. Within 45 days of issuance of a provisional license issued under this section or RSA 143-A:8, the commissioner may, if deemed necessary, conduct an inspection. If following such inspection the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a license valid for a time period of one year following the date of issuance of the provisional license. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.

III. Upon receipt of an application for renewal of a license from an existing food service establishment or retail food store, the commissioner may, if deemed necessary, conduct an inspection. If the commissioner determines that the applicant's operation and facilities are sufficient under rules adopted under RSA 143-A:9, the commissioner shall issue to the applicant a new license valid for one year.

IV. Licenses and provisional licenses are not transferable.

V. The commissioner shall charge a fee for each license application processed and for each plan review conducted; provided that the commissioner shall charge only one fee for the provisional license and the license.

VI. From the amounts collected by the commissioner under paragraph V, up to $300,000 each fiscal year may be included in the state biennial operating budget as restricted revenue to support the activities required in this chapter. The state treasurer shall credit all moneys received under this paragraph, and interest received on such money, to the public health services special fund, established under RSA 143:11, from which the department shall pay expenses incident to the administration of this chapter.


Source. 1986, 106:1. 1989, 408:14. 1990, 193:6. 1995, 308:23; 310:183. 1997, 256:2. 1999, 307:8, eff. Sept. 14, 1999. 2005, 229:3, eff. Sept. 9, 2005. 2012, 114:3, eff. July 1, 2012. 2017, 87:4, 5, eff. July 1, 2017; 156:223, eff. July 1, 2017. 2021, 122:38, eff. July 9, 2021.

    143-A:7 Revocation of License. 

I. If any food service establishment or retail food store licensed under this chapter repeatedly violates any legally adopted rule of the commissioner, or any provision of RSA 143 or RSA 143-A, or if the operation of the licensed establishment creates an imminent health hazard, the commissioner may revoke the license. Any revocation of a license shall be executed in compliance with RSA 541-A.

II. The notice of revocation shall:

(a) Be in writing;

(b) Enumerate the reason or reasons for revocation;

(c) Outline the corrective action necessary to correct the violations cited in the revocation; and

(d) Inform the owner or his or her agent of his or her rights and options for redress of grievances as enumerated in RSA 541-A.


Source. 1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995. 2012, 114:4, eff. July 1, 2012.

    143-A:8 Reinstatement. 

Any person whose license has been revoked may at any time make a written request to the commissioner for a re-inspection. Re-inspection shall occur within 10 days of receipt of the request. If the commissioner or his or her authorized representative finds that the reasons for revocation have been corrected, a provisional license shall be granted immediately.


Source. 1986, 106:1. 1995, 310:183, eff. Nov. 1, 1995. 2012, 114:5, eff. July 1, 2012.

    143-A:9-a Failure to Pay Application Fee;  Fee Disposition. 

I. When a licensee fails to pay the applicable fee required by this chapter, the commissioner of the department of health and human services, after notice and hearing pursuant to rules adopted under RSA 541-A, may suspend or revoke the license or may issue an appropriate order.

II. All fees collected under this chapter shall be forwarded to the state treasurer to be deposited in the general fund.


Source. 1995, 308:25, eff. July 3, 1995; 310:182, eff. Nov. 1, 1995.

    143-A:9-b Repealed by 2021, 115:5, I, eff. Sept. 7, 2021. 

    143-A:9 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. The application procedure for any class of license issued under this chapter and the length of the licensing period.

I-a. The amount of the fee to be charged for any license application processed, for each plan review conducted, and for each inspection performed under this chapter.

II. Design and content of all forms required by this chapter.

III. Procedures for inspections and re-inspections of licensees.

IV. How a license is revoked and reinstated.

IV-a. What constitutes a soup kitchen and procedures for exempting certain soup kitchens from licensure in accordance with RSA 143-A:5-a.

IV-b. A schedule of administrative fines which may be imposed under RSA 143-A:10-a for violation of this chapter or the rules adopted pursuant to it.

IV-c. Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 143-A:10-a.

V. Standards for licensing food service establishments and retail food stores, including, but not limited to sanitation, physical environment, health and safety, operational changes, and compliance with federal requirements.

VI. Variances for licensing requirements.

VII. Suspension of licenses.

VIII. Trade secrets, complaints, and the confidentiality thereof.

IX. Requirements for bed and breakfast facilities.

X. Requirements for food processing plants.


Source. 1986, 106:1. 1989, 408:15. 1990, 228:6. 1991, 355:33. 1995, 308:24; 310:183. 1999, 307:9, eff. Sept. 14, 1999. 2012, 171:8, eff. Aug. 10, 2012.

    143:1 Food Defined. 

For the purpose of this chapter the term food shall include all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances and ingredients used in the preparation thereof.


Source. 1911, 15:2. PL 137:1. RL 162:1.

    143:10 License Required. 

No person, firm or corporation shall, within the state, put up for sale in package form any beverage without having obtained a license, to be issued by the department of health and human services.


Source. 1925, 107:1. PL 137:9. 1933, 13:2. RL 162:12. RSA 143:10. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.

    143:11 Licenses;  Fees. 

I. (a) Upon receipt of an application in writing from a new beverage manufacturer, or from a beverage manufacturer that has changed ownership, or from a beverage manufacturer which has had its previous license revoked, the commissioner of the department of health and human services may issue a provisional license, valid for up to 90 days, if the commissioner determines that the applicant's plant is properly equipped and in a sanitary condition and that the products manufactured there are not adulterated or misbranded. Any beverage manufacturer which has had its license revoked shall not be eligible to apply for a provisional license until it

(1) presents a plan for the correction of any deficiencies which led to the specific revocation, and

(2) passes a food safety class, subsequent to the revocation of the license, meeting the standards of the Conference for Food Protection. In order to fulfill the requirements of this section, the new remedial plan shall first receive the approval of the commissioner. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.

(b) Within 45 days of issuance of a provisional license under this section, the commissioner shall conduct an inspection. If, following inspection, the commissioner determines that the applicant's plant is properly equipped and in a sanitary condition and that the products manufactured there are not adulterated or misbranded, the commissioner shall issue a license valid until the January 1 next following the date of issuance of the provisional license. Notwithstanding RSA 541-A, any individual denied a full license at the end of the 90-day period shall immediately shut down his or her establishment, unless otherwise ordered by a court of competent jurisdiction.

(c) Upon receipt of an application for renewal of a license from an existing beverage manufacturer, the commissioner may conduct an inspection. If the commissioner determines that the applicant's plant is properly equipped and in a sanitary condition and that the products manufactured there are not adulterated or misbranded, the commissioner shall issue a new license valid until the January 1 next following the date the license was issued.

(d) Licenses and provisional licenses issued pursuant to this section shall not be transferable.

II. Annual graduated license fees and license classes shall be set by rules adopted by the commissioner, pursuant to RSA 541-A. Fees shall be based on the administrative costs associated with this subdivision.

III. There is hereby established in the state treasury the public health services special fund, which shall be kept separate and distinct from all other funds. The fund shall be nonlapsing and continually appropriated to the department of health and human services. All fees collected under this subdivision shall be forwarded to the state treasurer who shall credit all such moneys and interest received on such money, to the fund from which the department of health and human services shall pay all the expenses of the department incident to the administration of this subdivision.


Source. 1925, 107:1. PL 137:10. RL 162:13. RSA 143:11. 1977, 563:16. 1982, 42:4. 1995, 310:175, 183. 1997, 155:2. 1999, 307:5, 6, eff. Sept. 14, 1999. 2005, 229:1, eff. Sept. 9, 2005. 2021, 122:36, eff. July 9, 2021.

    143:12 Registration by Nonresident Vendors. 

No beverage or beverage concentrate, for retail sale, manufactured out of the state, shall be sold or offered for sale within the state unless the same has first been registered by its manufacturer or by the manufacturer's agent with the department of health and human services. Such registration shall be in form similar to that provided in RSA 143:11 and shall be issued subject to suspension, revocation, and cancellation as elsewhere specified in this subdivision for licenses. An annual registration fee established by rule under RSA 143:6, II(a), to defray the cost of inspection and analysis of all the products of the same manufacturing plant, shall be paid to the department of health and human services by the manufacturer, importer, agent, or vendor.


Source. 1925, 107:2. PL 137:11. 1931, 62:1. RL 162:14. RSA 143:12. 1977, 563:17. 1983, 291:1, I. 1995, 308:21, eff. July 3, 1995; 310:181, eff. Nov. 1, 1995. 2009, 144:204, eff. July 1, 2009.

    143:13 Revocation of Licenses, Etc. 

In case any establishment, or any part thereof, licensed hereunder shall be deemed by the commissioner of the department of health and human services to be conducted in an insanitary manner, or there shall be any practice deemed in violation of any law, or of any legally adopted rule or regulation of the commissioner, it shall be the duty of the commissioner to notify the licensee or registrant concerned, and in case the required changes in conditions, methods, composition or branding are not effected within a reasonable time, to close such establishment or part thereof, or to suspend, revoke or cancel the license or registration accordingly as the commissioner may deem expedient.


Source. 1925, 107:3. PL 137:12. RL 162:15. RSA 143:13. 1995, 310:182, 183, eff. Nov. 1, 1995.

    143:14 Procedure. 

Before revoking or canceling any license or registration the commissioner of the department of health and human services shall give written notice, stating that he contemplates such action and giving his reasons therefor. Said notice shall appoint a time of hearing and shall be sent by registered mail. On the day of the hearing the party concerned may present such evidence as he deems fit.


Source. 1925, 107:4. PL 137:13. RL 162:16. RSA 143:14. 1995, 310:182, eff. Nov. 1, 1995.

    143:15 Effect of Revocation, Etc. 

Any person, firm or corporation whose license has been suspended or revoked, or for whom a renewal therefor has been denied, shall discontinue the manufacture and sale within the state of the products concerned. The sale of the products of any manufacturer or bottler not licensed or registered as herein provided shall constitute a violation of this subdivision.


Source. 1925, 107:4. PL 137:14. RL 162:17.

    143:16 Container Sterilization and Sanitation;  Water Source. 

All containers used in the manufacture of beverages, other than cider manufacturers regulated by the department of agriculture, shall be cleaned and sterilized in such manner as may be provided in the rules adopted under this chapter. All materials used in the manufacture of beverages shall be pure and wholesome and shall be stored, handled, transported, and kept in such manner as to protect them from spoilage, contamination, and unwholesomeness. Manufacturers of bottled water shall only utilize a source of water for which a permit has been issued by the department of environmental services in accordance with RSA 485:3, XI. All products shall comply as to composition, labeling, conditions of manufacture, transportation, storage, handling, and sale with existent statutory provisions relating thereto and with rules adopted under this chapter.


Source. 1925, 107:5. PL 137:15. RL 162:18. RSA 143:16. 1985, 190:75. 1997, 155:3. 1999, 307:7, eff. Sept. 14, 1999.

    143:17 Penalty for Violating Requirements. 

Whoever violates any provision of this subdivision, or any rule or regulation lawfully made hereunder, shall be guilty of a misdemeanor.


Source. 1925, 107:7. PL 137:16. RL 162:19. RSA 143:17. 1973, 528:51, eff. Oct. 31, 1973 at 11:59 p.m.

    143:18 Forfeiture of Unregistered Products. 

Any beverage or beverage concentrate sold, kept or offered for sale without having been registered as herein provided may be forfeited.


Source. 1933, 13:3. RL 162:20.

    143:19-a Exemption. 

The provisions of this subdivision shall not apply to persons, firms, and corporations duly licensed under the provisions of the milk sanitation code, RSA 184:79-102.


Source. 1963, 289:3, eff. July 1, 1963.

    143:19 Enforcement of Requirements. 

The department of health and human services and local boards of health shall be charged with the enforcement hereof.


Source. 1927, 97:5. RL 162:25. RSA 143:19. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.

    143:2 Unsanitary Conditions. 

The existence or maintenance of any unclean, unhealthful or unsanitary condition or practice in any establishment or place where food is produced, manufactured, stored or sold, or in any car or vehicle used for the transportation or distribution thereof, is forbidden.


Source. 1911, 15:1. PL 137:2. RL 162:2.

    143:20 Definition. 

The term "
shellfish,
" as used in this subdivision, means all fresh or frozen edible species of oysters, clams or mussels, either shucked or in the shell, or scallops in any form, except when the final product form is the adductor muscle only.


Source. 1951, 25:3, par. 26. RSA 143:20. 1965, 213:1, eff. Aug. 29, 1965. 2005, 229:2, eff. Sept. 9, 2005.

    143:21-a State Shellfish Sanitation Control Authorities. 

The department of health and human services shall serve as the state shellfish sanitation control authority for the commercial sale and processing of shellfish. The department of environmental services shall serve as the state shellfish sanitation control authority for the determination of areas where shellfish may be harvested.


Source. 1997, 126:2. 1999, 112:1, eff. Aug. 9, 1999.

    143:21 Forbidden Harvesting. 

No shellfish shall be harvested in New Hampshire for food unless taken from areas approved by the commissioner of the department of environmental services. If taken from out-of-state sources, shellfish harvested for food shall be taken from areas approved by the appropriate state regulatory shellfish authorities having jurisdiction, and secured from shellfish dealers currently listed on the United States Public Health Service publication of approved shellfish shippers.


Source. 1951, 25:3, par. 27. RSA 143:21. 1995, 310:182. 1997, 126:1. 1999, 112:1, eff. Aug. 9, 1999.

    143:22-a Shellfish Certificate Fees. 

The commissioner of the department of health and human services shall prescribe and collect fees for certificates for establishments which process or pack shellfish. Such fees shall be in accordance with rules adopted under RSA 541-A. All fees collected under this subdivision shall be forwarded to the state treasurer to be deposited in the public health services special fund established in RSA 143:11. The department of health and human services shall use such funds to pay expenses of the department incident to the administration of this subdivision.


Source. 1995, 308:22, eff. July 3, 1995; 310:182, eff. Nov. 1, 1995. 2021, 122:37, eff. July 9, 2021.

    143:22 Certificate Required;  Labeling;  Records. 

No person or facility shall process or pack shellfish either shucked or in the shell until a certificate has been granted by the department of health and human services. A certificate shall be issued to any facility which has complied with the rules of the commissioner of the department of health and human services relative thereto. All certificates issued under this section shall expire on March 31 next following the date of issuance. All containers of shellfish shall bear identification in accordance with rules adopted by the commissioner of the department of health and human services. An accurate daily record shall be kept by all certified facilities listing the name and location of the dealer, the date and time of the activity that the record reflects, the signature or initials of the person performing the operation, and the identity of the product and the production code. Processing and other information shall be entered on records at the time that it is observed. All records shall be retained at the facility for at least one year after the date the records were prepared in the case of refrigerated products and for at least 2 years after the date the records were prepared in the case of frozen products. Records that relate to the general adequacy of equipment or processes being used by a processor, including the results of scientific studies and evaluations shall be retained at the facility for at least 2 years after their applicability to the product being produced at the facility. All records shall be open to inspection by agents of the department at any time.


Source. 1951, 25:3, par. 28. RSA 143:22. 1983, 291:1, I. 1985, 190:76. 1995, 310:175, 181, 182, eff. Nov. 1, 1995. 2015, 103:1, eff. Jan. 1, 2016.

    143:23 Revocation of Certificate. 

In case any shellfish establishment shall be deemed by the commissioner of the department of health and human services to be conducted in an unsanitary manner, or there shall be any practice deemed in violation of any law, or of any legally adopted regulation of the commissioner, it shall be the duty of the commissioner to notify the establishment concerned, and in case the required changes in conditions, methods or branding are not effected within the time specified, to close such establishment, or to suspend, revoke or cancel the certificate as the commissioner may deem expedient.


Source. 1951, 25:3, par. 29. RSA 143:23. 1995, 310:182, 183, eff. Nov. 1, 1995.

    143:24 Procedure. 

Before revoking or canceling any shellfish certificate, the commissioner of the department of health and human services shall give written notice stating that he contemplates such action, giving his reasons therefor. Said notice shall appoint a time of hearing and shall be sent by registered mail. On the day of hearing the party concerned may present such evidence as he deems fit.


Source. 1951, 25:3, par. 30. RSA 143:24. 1995, 310:182, eff. Nov. 1, 1995.

    143:25 Effect of Revocation. 

Any person, firm or corporation whose certificate has been suspended or revoked, or for whom a renewal has been denied, shall discontinue the processing and sale of shellfish. The sale or processing of shellfish from a non-certified establishment shall constitute a violation of this subdivision.


Source. 1951, 25:3, par. 31, eff. Mar. 15, 1951.

    143:26 Regulations. 

The commissioner of the department of health and human services and the commissioner of the department of environmental services are empowered to make all necessary regulations for the proper enforcement of the respective duties of each agency under this subdivision.


Source. 1951, 25:3, par. 32. RSA 143:26. 1995, 310:182. 1999, 112:2, eff. Aug. 9, 1999.

    143:27 Penalty. 

Whoever violates any provision of this subdivision, or regulations made under authority of the preceding RSA 143:26, shall be guilty of a misdemeanor.


Source. 1951, 25:3, par. 33. RSA 143:27. 1973, 528:52, eff. Oct. 31, 1973 at 11:59 p.m.

    143:28 Forfeitures. 

Any shellfish sold in violation of this subdivision may be forfeited.


Source. 1951, 25:3, par. 34, eff. Mar. 15, 1951.

    143:29 Repealed by 2017, 87:11, II, eff. July 1, 2017. 

    143:3 Defined. 

Unclean, unhealthful or unsanitary conditions or practices shall be deemed to exist if the floors, sidewalls and ceilings are not properly constructed and maintained; or if food in the process of production, storage, sale or distribution is unnecessarily exposed to flies, dust or dirt, or to the products of decomposition or fermentation incident to such production, storage, sale or distribution; or if any person is permitted to use as a sleeping room any place where food is prepared for sale, stored, served or sold; or if any employer shall knowingly permit or suffer any person who is affected with tuberculosis or any other communicable disease to work in such place; or if there is any other condition or practice which endangers the wholesomeness of food.


Source. 1911, 15:2. PL 137:3. RL 162:3.

    143:4 Inspections. 

The department of health and human services or its inspectors, or special agents designated for that purpose, shall have full power and authority at all times to enter and inspect every building, room, or other place occupied or used for the production, storage, sale, or distribution of food, and all utensils and appurtenances relating thereto. The department may determine the focus and frequency of inspections and shall use a risk-based approach in consideration of available resources to prioritize inspections.


Source. 1911, 15:3. PL 137:4. RL 162:4. RSA 143:4. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995. 2017, 87:2, eff. July 1, 2017.

    143:5-a Closure. 

I. The commissioner of the department of health and human services may order immediate:

(a) Closure of any establishment or place where food is produced, manufactured, stored, or sold; or

(b) Discontinuance of use of any car or vehicle used for transportation or distribution of food;

when the physical condition of the establishment, car, or vehicle is such that the health and safety of the public is endangered by unsanitary conditions.

II. The procedure to be followed to effectuate closure under RSA 143:5-a, I shall be as follows:

(a) Whenever an inspector of the department of health and human services finds an establishment or vehicle which is believed to be an imminent danger to the health and safety of the public, he shall immediately notify his supervisor of the situation. Upon such notification, the supervisor shall so notify the commissioner of the department of health and human services.

(b) The commissioner of the department of health and human services shall determine, on the basis of the information provided:

(1) Whether immediate closure is warranted; or

(2) Whether the supervisor or another inspector shall immediately view the situation to corroborate the severity of the danger; or

(3) Whether further information is needed.

(c) If the commissioner of the department of health and human services determines that closure is necessary, he or his designee shall orally notify the manager or owner of the closure. The oral notification shall be followed by a written notification, which shall specify the reasons for the closure, the corrective action required prior to reopening, and the rights and options of the owner under the provisions of RSA 541-A relating to adjudicative proceedings for contested cases.

III. Upon notification under RSA 143:5-a, II(c) and request by the manager or owner of any establishment closed under RSA 143:5-a, I, the department of health and human services shall reinspect the premises for the purposes of reopening. Reinspection shall occur within 48 hours of the request. Reopening of the premises shall be allowed immediately following notification by the inspector to the commissioner of the department of health and human services that the conditions causing closure have been corrected and no longer constitute an imminent health danger.

IV. The department of health and human services shall use the provisions of RSA 541-A:31-36 in any adjudicative proceedings and hearings resulting from closures.


Source. 1985, 376:1. 1994, 412:12. 1995, 310:181, 182, eff. Nov. 1, 1995.

    143:5 Orders. 

In the event that a person infected with any communicable disease is employed, or if structural alterations are necessary for the protection of food products as herein required, the commissioner of the department of health and human services shall issue an order prohibiting the employment of such person, or requiring such structural changes as in the opinion of the commissioner are necessary. Such order shall be transmitted by registered mail, and the receipt of the post office department therefor shall be prima facie evidence of its receipt by the person affected.


Source. 1911, 15:3. 1915, 23:1. PL 137:5. RL 162:5. RSA 143:5. 1995, 310:182, 183, eff. Nov. 1, 1995.

    143:6-a Sugar Packets and Containers. 

No establishment which serves food or drink to the public with or without charge shall provide sugar except in individually wrapped packets or in covered containers from which sugar is poured through a hole not more than 
3/8 of an inch in diameter.


Source. 1971, 331:1, eff. Sept. 23, 1971.

    143:6 Administration and Rulemaking. 

I. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A, necessary for the enforcement of this chapter. It shall be the duty of local boards of health to assist in carrying out the provisions of this chapter.

II. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:

(a) Licenses, license classes, and fees under RSA 143:11 and RSA 143:12.

(b) Bottle sterilization and sanitation under RSA 143:16.

(c) Review of plans for shellfish certificates, shellfish establishments, certificate classifications, and records required by RSA 143:22.

(d) Revocation of shellfish certificates under RSA 143:23-25.

(e) A schedule of administrative fines which may be imposed under RSA 143:7-a for violation of this chapter or the rules adopted pursuant to it.

(f) Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 143:7-a.

(g) [Repealed.]


Source. 1911, 15:4. PL 137:6. 1927, 6:1. RL 162:6. RSA 143:6. 1985, 190:74. 1986, 106:3. 1991, 355:31. 1995, 310:99, 182. 1999, 307:1-4, eff. Sept. 14, 1999. 2009, 144:203, eff. July 1, 2009. 2012, 171:26, VI, eff. Aug. 10, 2012.

    143:7-a Administrative Fines. 

The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.


Source. 1991, 355:32. 1995, 310:182, 183, eff. Nov. 1, 1995.

    143:7 Penalty. 

Whoever violates any of the provisions of this subdivision, or fails to comply with the lawful orders and requirements of the commissioner of the department of health and human services duly made as herein provided, shall be guilty of a violation.


Source. 1911, 15:5. PL 137:7. RL 162:7. RSA 143:7. 1973, 531:25. 1995, 310:182, eff. Nov. 1, 1995.

    143:8 Disposal of Fines. 

All fines collected for the violation of RSA 143 shall be paid to the state.


Source. 1911, 15:6. PL 137:8. RL 162:8. 2017, 87:9, eff. July 1, 2017.

    143:9 Beverages and Beverage Concentrates. 

The term "beverage" as used in this subdivision shall include all still and carbonated drinks; fruit juices and all beverages compounded therefrom; all bottled waters, whether for medicinal or table use; and all packaged liquids intended for use in the manner of drink. Milk and unmixed products thereof, and fruit juices and waters retailed exclusively by the producer or manufacturer direct, are not included. The term "beverage" as used in this subdivision, shall not apply to a beverage as defined in RSA 175:1, VIII. The term "beverage concentrate" as used in this subdivision shall include all concentrated fruit juices, fruit-flavored and other syrups, and compounds and mixtures in concentrated form, put up in packages for retail sale and which are intended as a basis for the preparation of a beverage. Flavoring extracts for general culinary use are not included.


Source. 1933, 13:1. RL 162:11. 1997, 155:1, eff. Aug. 8, 1997.

    146-A:1 Declaration of Purpose. 

The purpose of this chapter is to cope with the problem of pollution from the spillage or discharge of oil, recognizing the damage resulting to vegetation, marine, animal and bird life from such pollution. It is the intent of this chapter to provide procedures that will expedite the cleanup of oil spillage, mitigate the adverse effects of oil discharges, encourage preventive measures, and provide financial assistance to victims of such discharges and to encourage private organizations to assist in these efforts.


Source. 1971, 266:1. 1987, 377:1. 1991, 92:1, eff. May 13, 1991.

    146-A:10 Tort Liability to Third Persons. 

Any person who negligently or intentionally discharges or spills oil into or on the waters of any lake, pond, river, stream, or into tidal waters or into the groundwater of the state which causes damage to the property of another shall be liable in tort to the person whose property is so damaged in the amount of 1-
1/2 times the damages sustained by that person.


Source. 1971, 266:1. 1987, 377:7. 1991, 92:12. 1998, 357:4, eff. July 1, 1998.

    146-A:11-a Oil Pollution Control Fund. 

I. There is hereby established the New Hampshire oil pollution control fund. This nonlapsing, revolving fund shall, at a minimum, pay the salaries and expenses of the persons specified in RSA 146-A:11, except as the legislature may otherwise determine, as well as the costs to implement the provisions of RSA 146-A which include, but are not limited to, the salaries and expenses of additional personnel to the extent that such salaries and expenses are incurred in implementing the provisions of this chapter, and the other costs of containment or removal or corrective measures deemed necessary by the department of environmental services as a result of an actual or potential oil discharge into or onto the surface water or groundwater of the state. Moneys from the fund shall be used to mitigate the adverse effects of oil discharges including, but not limited to, provision of emergency water supplies to persons affected by such pollution, and, where necessary as determined by the department of environmental services, the establishment of an acceptable source of potable water to injured third parties. Not more than 10 percent of the moneys in the fund shall be allocated annually for research programs dedicated to the development and improvement of preventive and cleanup measures concerning such oil discharges. In the event of an oil discharge, the department of environmental services may expend, with the approval of governor and council, such additional sums as are necessary to clean up the discharge except that the total amount expended may not exceed the balance in the New Hampshire oil pollution control fund. Income derived from the oil pollution control fund shall only be used for those administrative costs needed to implement RSA 146-A and any other costs cited in this section.


[Paragraph II effective until July 1, 2025 at 12:01 a.m.; see also paragraph II set out below.]



II. Moneys in the fund not currently needed to meet the obligations of the department of environmental services under this chapter shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund.


[Paragraph II effective July 1, 2025 at 12:01 a.m.; see also paragraph II set out above.]



II. Moneys in the fund not currently needed to meet the obligations of the department of environmental services under this chapter shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund. If the fund's balance becomes greater than $5,000,000, the license fees established in RSA 146-A:11-b, II shall be discontinued and only re-established when the fund's balance is 20 percent below the $5,000,000 balance.

III. Corrective measures authorized by this chapter shall include but not be limited to:

(a) Provision of interim water supplies to residents whose water supplies have been contaminated due to an oil discharge;

(b) Where necessary, as determined by the department of environmental services, the establishment of an acceptable source of potable water to injured third parties;

(c) Damage mitigation and prevention procedures established pursuant to RSA 146-A:11-c, V-a;

(d) Cleanup of pollution caused by spillage or discharge of oil;

(e) [Repealed.]

(f) Removal of underground storage facilities or other petroleum storage facilities which are not in compliance with the requirements of RSA 146-A or RSA 146-C.

IV. [Repealed.]

V. [Repealed.]

VI. All funds paid to the state to reimburse costs paid out of the oil pollution control fund by any person strictly liable to the state under RSA 146-A:3-a and 146-C:11 shall be placed in the oil pollution control fund.


Source. 1985, 287:6. 1986, 202:6, I(a). 1987, 377:2. 1988, 271:4, 9, II, III. 1990, 196:1. 1991, 92:14-16, 45, II. 1993, 54:1. 1996, 228:108. 1998, 357:1, eff. July 1, 1998. 2014, 137:2, eff. June 16, 2014. 2015, 142:2, eff. July 1, 2015; 142:3, eff. July 1, 2025 at 12:01 a.m.

    146-A:11-b License Required. 

I. Under this section, the following terms shall be construed as follows:

(a) "Person" means any operator, distributor, dealer, or broker who, or any wholesale terminal facility which, imports or causes to be imported oil into the state. "Person" does not mean an oil spill cleanup organization or other person acting to contain, remove, cleanup, restore or take other remedial or corrective action or measures with regard to the spillage or discharge of oil or threatened spillage or discharge of oil.

(b) "Import" means, for the purpose of determining the license fees under this section, any import of oil into this state by any person whether by vessel, pipeline, truck, railroad or any other contrivance to the extent that the import of such oil has not been previously subject to the license fee under this section. Fueling or refueling of vessels employed in transfer operations shall not be included.

(c) "Oil" means petroleum products and their by-products including, but not limited to, crude, motor fuels, aviation fuels, and any oil used for heating, processing, or generating electricity. The term "oil" shall not include natural gas, liquified petroleum gas, or synthetic natural gas regardless of derivation or source.


[Paragraph II effective until July 1, 2025 at 12:01 a.m.; see also paragraph II set out below.]



II. Any person who imports or causes to be imported oil into the state, except those using oil pipelines, railroads, and highways to transport oil products between states other than New Hampshire or for international transport of oil products, shall be licensed by the department of safety under this chapter. The annual fee for the license shall be $0.01625 per gallon of on-road and off-road gasoline and diesel fuel, $0.01375 per gallon of fuel oil, diesel products, and used oil for on-premise heating, $0.04125 per gallon of motor oil and $.00125 per gallon of all other oil imported into this state. The fee shall be paid monthly by such person to the department of safety. The department of safety shall deposit the first $125,000 of fees paid in each fiscal year into the general fund. The remainder shall be deposited into the oil pollution control fund established under RSA 146-A:11-a, and the oil discharge and disposal cleanup established under RSA 146-D:3, I, based on an allocation determined for each fiscal year by the department of environmental services and the oil fund disbursement board. Imposition of the fee shall be based on the record of the person and certified as accurate to the department of safety.


[Paragraph II effective July 1, 2025 at 12:01 a.m.; see also paragraph II set out above.]



II. Any person who imports or causes to be imported oil into the state, except those using oil pipelines, railroads, and highways to transport oil products between states other than New Hampshire or for international transport of oil products, shall be licensed by the department of safety under this chapter. The annual fee for the license shall be $.00125 per gallon of oil imported into this state. The fee shall be paid monthly by such person to the department of safety. The department of safety shall deposit the first $125,000 of fees paid in each fiscal year into the general fund. The remainder shall be deposited into the oil pollution control fund administered by the department of environmental services. Imposition of the fee shall be based on the record of the person and certified as accurate to the department of safety.


[Paragraph II-a repealed by 2015, 142:16, effective July 1, 2025 at 12:01 a.m.]



II-a. The collection of oil pollution license fees established in paragraph II shall be discontinued if the combined, un-obligated balance in the oil pollution control fund and oil discharge and disposal cleanup fund exceeds $5,000,000. Collection shall be reinstated upon determination of need for additional fees by the commissioner of the department of environmental services and the oil fund disbursement board.

III. Any person who imports or causes to be imported oil into the state and who is licensed under this chapter may seek, and shall receive for valid claims, an import credit for oil which the person transfers out of state during any reporting period.


[Paragraph IV effective until July 1, 2025 at 12:01 a.m.; see also paragraph IV set out below.]



IV. Every person who imports or causes to be imported oil shall file a monthly report for the preceding month and shall include all fees due for that reporting period with the department of safety on or before the twentieth day of the following calendar month. Failure to file by the required date or to enclose fees due shall result in the assessment of a 10 percent penalty to be added to the amount of fees due for that month. If no fees are due, a penalty of $1 per day shall be assessed. Said penalty shall immediately accrue and thereafter the overdue fees and the penalty shall bear interest at the rate established by the commissioner of safety under RSA 260:40-a. Penalties and interest collected shall be deposited into the oil pollution control fund and oil discharge and disposal cleanup fund based on an allocation determined for each fiscal year by the commissioner of the department of environmental services and the oil fund disbursement board. The board, in consultation with the department may waive all or any portion of penalties or interest for good cause.


[Paragraph IV effective July 1, 2025 at 12:01 a.m.; see also paragraph IV set out above.]



IV. Every person who imports or causes to be imported oil shall file a monthly report for the preceding month and shall include all fees due for that reporting period with the department of safety on or before the twentieth day of the following calendar month. Failure to file by the required date or to enclose fees due shall result in the assessment of a 10 percent penalty to be added to the amount of fees due for that month. If no fees are due, a penalty of $1 per day shall be assessed. Said penalty shall immediately accrue and thereafter the overdue fees and the penalty shall bear interest at the rate established by the commissioner of safety under RSA 260:40-a. The department may waive all or any portion of penalties or interest for good cause.

V. Unless otherwise provided, any person who violates any provision of this section shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person.


Source. 1985, 287:6. 1986, 202:6, I(a). 1987, 377:11, 13. 1988, 271:5. 1989, 230:1-5. 1990, 3:97, 98. 1991, 322:5, 6. 1993, 171:1. 1994, 364:9. 1996, 228:106, 108. 2003, 187:3, 4, eff. July 1, 2003. 2014, 137:3, eff. June 16, 2014. 2015, 142:4, 6, 7, eff. July 1, 2015; 142:5, 8, 16, eff. July 1, 2025 at 12:01 a.m.

    146-A:11-c Rulemaking. 

The commissioner shall adopt rules under RSA 541-A, after public hearing, relative to:

I. Operation and inspection of oil terminal facilities, including equipment related to the operation of oil terminal facilities.

I-a. Requirements for facility owners to prepare, submit, and comply with a spill prevention, control, and countermeasure (SPCC) plan prepared in accordance with 40 C.F.R. part 112, provided that no such rules shall require the owner of a qualified facility, as defined in RSA 146-A:2, XIV, to engage a professional engineer to prepare or approve the SPCC plan for that facility.

I-b. Requirements for oil pipeline facility spill response plans under RSA 146-A:3-f.

II. Operation and inspection of vessels, including railway carriers.

III. Methods for the prevention of oil discharges into or onto the surface water or groundwater of the state, including rules for expenditures on research programs under RSA 146-A:11-a, I.

IV. Procedures for reporting actual or potential oil discharges under RSA 146-A:5.

V. Procedures and equipment to be used in the removal or containment of oil under RSA 146-A:4.

V-a. Procedures for mitigation and prevention of damage due to oil leakage or spillage.

V-b. [Repealed.]

VI. The establishment of control regions and rules to meet each region's particular requirements.

VII. [Repealed.]

VIII. Bonding under RSA 146-A:13.

VIII-a. The exemptions and liability limitations for holders and fiduciaries.

IX, X. [Repealed.]

XI. [Repealed.]

XII. [Repealed.]

XIII. [Repealed.]

XIV. [Repealed.]


Source. 1985, 287:6. 1986, 182:4, III; 202:6, I(a). 1987, 377:8, 10. 1988, 271:9, IV-VI. 1989, 230:6. 1991, 92:17, 18, 45, III. 1993, 171:5; 323:5. 1996, 228:110, eff. July 1, 1996. 2012, 147:6, eff. July 1, 2012. 2014, 137:5, eff. June 16, 2014.

    146-A:11 Personnel. 

The department of environmental services shall establish and maintain at ports within the state, and other places as it shall determine, such employees and equipment as in its judgment may be necessary to carry out RSA 146-A. Inspection and enforcement employees of the department of environmental services in their line of duty pursuant to RSA 146-A shall have the powers of a constable under RSA 104:9.


Source. 1971, 266:1. 1979, 463:1. 1981, 119:2; 219:1. 1983, 306:1; 393:10. 1985, 401:2. 1986, 202:6, I(a). 1991, 92:13. 1996, 228:108, eff. July 1, 1996.

    146-A:12 Emergency Proclamation;  Governor's Powers. 

Whenever any disaster or catastrophe exists or appears imminent arising from the discharge of oil, petroleum products or their by-products, the governor shall by proclamation declare the fact and that an emergency exists in any or all sections of the state. If the governor is temporarily absent from the state or is otherwise unavailable, the next person in the state who would act as governor if the office of governor were vacant shall, by proclamation, declare the fact and that an emergency exists in any or all sections of the state. A copy of such proclamation shall be filed with the secretary of state. The governor shall have general direction and control of the department of environmental services and shall be responsible for carrying out the purposes of this chapter.

I. In performing his duties under this chapter, the governor is authorized and directed to cooperate with all departments and agencies of the federal government, with the offices and agencies of other states and foreign countries, and the political subdivisions thereof, and with private agencies in all matters pertaining to a disaster or catastrophe.

II. In performing his duties under this chapter, the governor is further authorized and empowered:

(a) To make, amend and rescind the necessary orders, rules and regulations to carry out this chapter within the limits of the authority conferred upon him and not inconsistent with the rules, regulations and directives of the President of the United States or of any federal department or agency having specifically authorized emergency functions.

(b) To delegate any authority vested in him under this chapter and to provide for the subdelegation of any such authority.

III. Whenever the governor is satisfied that an emergency no longer exists, he shall terminate the proclamation by another proclamation affecting the sections of the state covered by the original proclamation, or any part thereof. Said proclamation shall be published in such newspapers of the state and posted in such places as the governor, or the person acting in that capacity, deems appropriate.

IV. The provisions of RSA 4:45, RSA 4:46, and RSA 21-P:34 through RSA 21-P:48 as they shall apply to the taking of private property, compensation and use, mutual aid, immunity, aid in emergency, enforcement and compensation shall apply to disasters or catastrophes proclaimed by the governor under this chapter.


Source. 1971, 266:1. 1986, 202:6, I(a). 1991, 92:19. 1996, 228:108. 2002, 257:9, eff. July 1, 2002.

    146-A:13 Bonding. 

The commissioner may set a schedule of bonding to be required from oil, gas and petroleum product suppliers, dealers and others that are under the jurisdiction of this chapter to provide for emergency cleanup and provide for the protection of the environment from accidental intrusions and from purposeful evasion of rules adopted under this chapter.


Source. 1971, 266:1. 1985, 401:4. 1986, 202:6, I(a). 1989, 339:16. 1996, 228:110, eff. July 1, 1996.

    146-A:14 Penalty. 

I. Any person who recklessly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who recklessly violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate offense.

II. Any person who purposely or knowingly discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who purposely or knowingly violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be guilty of a class B felony. Each day of a continuing violation shall constitute a separate offense.

II-a. Any person who discharges or spills oil into or onto the surface water or groundwater of the state or in a land area where the oil will ultimately seep into such waters or any person who violates any provision of this chapter or any rule adopted under the provisions of this chapter shall be subject to a civil penalty not to exceed $20,000 for each violation. Each day of a continuing violation shall count as a separate violation. Civil penalties for violation of any rule adopted under the provisions of this chapter shall not accrue until the department provides notification of such violation. The attorney general may bring an action for injunctive relief, including a mandatory injunction.

III. [Repealed.]


Source. 1971, 266:1. 1973, 528:56. 1979, 463:2. 1985, 287:8. 1986, 182:4, IV. 1991, 92:20. 1998, 316:1, eff. Jan. 1, 1999. 2009, 106:1, eff. Jan. 1, 2010. 2019, 263:5, eff. Jan. 1, 2020.

    146-A:15 Administrative Fines. 

I. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $4,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter or any order or permit issued under this chapter. Each day of the violation shall constitute a separate offense. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:

(a) A schedule of administrative fines which may be imposed under this section for violations as provided in paragraph I.

(b) Procedures for notice and hearing prior to the imposition of an administrative fine.

II. The proceeds of administrative fines levied pursuant to paragraph I shall be deposited by the commissioner into the oil pollution control fund established under this chapter.


Source. 1989, 230:7. 1995, 217:2, eff. Jan. 1, 1996. 2019, 263:6, eff. Jan. 1, 2020.

    146-A:16 Orders;  Injunctions. 

I. The department is authorized to issue an administrative order directing any person to cease activity violating this chapter or any rule adopted under the provisions of this chapter, to take action necessary to comply with this chapter or any rule adopted under the provisions of this chapter, or to institute corrective or remedial measures in response to the spillage or discharge of oil or any other violations of this chapter or rules adopted under the provisions of this chapter.

II. Notwithstanding any other provision of this chapter, the department, upon receipt of information that the spillage of oil may present an imminent and substantial hazard to human health or the environment, may take the following action:

(a) Issue a cease and desist order against any person responsible for the spillage or discharge of oil;

(b) Order the oil facility owner or operator, or any other person responsible for the spillage or discharge of oil, to take action reasonably required to contain or remove the spillage; and

(c) Request the attorney general to bring an action for injunctive relief, including a mandatory injunction.

III. Appeal of an order issued under this section shall be to the waste management council established in RSA 21-O:9 and in accordance with RSA 21-O:14. Orders of the department issued upon a finding of an imminent and substantial hazard may be appealed, but shall be immediately effective. The effective date of any other order which is appealed shall be the date of the council's affirmance of the order. Appeal of the council's affirmance shall not stay or suspend the effectiveness of the order unless the supreme court grants a stay of the order. The attorney general may bring an action for injunctive relief, including a mandatory injunction, to obtain compliance with or enforcement of the order.


Source. 1991, 92:21. 1996, 228:106. 1998, 316:2, eff. Jan. 1, 1999. 2016, 23:1, eff. Apr. 25, 2016.

    146-A:17 Willful Failure to Comply. 

Any person who is determined to be strictly liable for discharge or spillage of oil and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double the amount of cost recoverable funds expended by the state in undertaking investigative, remedial, or corrective action.


Source. 1991, 92:21. 1996, 228:106, eff. July 1, 1996.

    146-A:18 Severability. 

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.


Source. 2014, 137:6, eff. June 16, 2014.

    146-A:19 Elimination of Gasoline Ethers and Tertiary Butyl Alcohol from Gasoline Supplies. 

I. No person, as defined in RSA 146-A:2, VI, shall sell, deliver for sale, import, or cause to be imported into the state for sale any neat gasoline ethers or gasoline containing MtBE, other gasoline ethers, or tertiary butyl alcohol (TBA) in quantities greater than 
1/2 of one percent by volume. Nothing in this section shall be interpreted to prohibit the transshipment of MtBE, other gasoline ethers, or TBA content fuel through the state for disposition outside of the state including storage coincident to such shipment.

II. Any person who violates paragraph I shall be subject to administrative fines not to exceed $2,000 for each violation issued by the department of environmental services and civil penalties not to exceed $60,000 for each violation. Each day of a continuing violation shall constitute a separate violation. In addition to civil penalties, the attorney general may institute such legal or equitable action as he or she deems necessary, including an action for injunctive relief.


Source. 2015, 142:1, eff. July 1, 2015.

    146-A:2-a Offshore Oil and Natural Gas Exploration Prohibited. 

I. In this section, "
development
" means any pipeline or other infrastructure that transports oil or natural gas from production facilities located in federal waters or other coastal state waters in the Atlantic Ocean through New Hampshire coastal state waters and any land-based support facilities for offshore oil or natural gas production facilities located in the Atlantic Ocean.

II. Offshore oil or natural gas exploration, development, and production is prohibited in coastal state waters.

III. No tidal or submerged lands in coastal state waters shall be leased for the purposes of oil or natural gas exploration, development, or production.

IV. The department of environmental services shall not:

(a) Issue any permit or other approval for any development associated with offshore drilling for oil and natural gas whether proposed for in coastal state waters or outside of coastal state waters.

(b) Permit, approve or otherwise authorize any oil or natural gas exploration, development, or production in coastal state waters.

(c) Develop, adopt, or endorse any plans for the exploration, development, or production of oil or natural gas in coastal state waters.


Source. 2019, 343:1, eff. Nov. 10, 2019.

    146-A:2 Definitions. 

For the purpose of this chapter the following words shall have the following meanings, unless the context otherwise requires:

I. "Barrel" means 42 United States gallons at 60 degrees Fahrenheit;

I-a. "Discharge" or "spillage" means the release or addition of any oil to land, groundwater or surface water;

I-b. "Federal On-Scene Coordinator" means the federal official predesignated by the U.S. Environmental Protection Agency or the U.S. Coast Guard to coordinate and direct federal responses under subpart D, or the official designated by the lead agency to coordinate and direct removal under subpart E, of the National Contingency Plan;

I-bb. "Foreclosure" means any foreclosure by a holder of a mortgage lien, or, in the case of a tax lien, the conveyance of property by tax deed by a municipality, county or state pursuant to the procedures of RSA 80:20-RSA 80:42-a or of RSA 80:58-RSA 80:86.

I-c. "Groundwater" means subsurface water that occurs beneath the water table in soils and geologic formations;

I-d. "National Contingency Plan" means the National Contingency Plan prepared and published under section 311(d) of the Federal Water Pollution Control Act (33 U.S.C. section 1321(d), as amended by the Oil Pollution Act of 1990, Pub. L. 101-380, 104 Stat. 484 (1990));

I-e. (a) "Fiduciary" means a person:

(1) Who is acting in any of the following representative capacities, but only to the extent such person is acting in such representative capacity; an executor or administrator of an estate, including a voluntary executor or a voluntary administrator; a guardian; a conservator; a trustee under a will under which the trustee takes title to, or otherwise controls or manages, property for the purpose of protecting or conserving such property under the ordinary rules applied in the courts of the state of New Hampshire; a court-appointed receiver; a trustee appointed in proceedings under federal bankruptcy laws; an assignee or a trustee acting under an assignment made for the benefit of creditors; a trustee under a revocable or irrevocable donative or estate planning inter vivos trust; or a trustee, pursuant to an indenture agreement or similar financing agreement, for debt securities, certificates of interest of participation in any such debt securities, or any successor thereto; and

(2) Who holds legal title to, controls, or manages, directly or indirectly, any facility or vessel as a fiduciary for purposes of administering an estate or trust of which such facility or vessel is a part; and

(3) Who is otherwise not engaged in petroleum production, refining, or marketing.

(b) Any person or entity acting as trustee of a business trust, a realty trust, a real estate trust, a nominee trust, or any similar trust shall not be considered a "fiduciary" under this chapter.

I-f. "Holder" means a person who holds indicia of ownership primarily to protect a mortgage interest or security interest in real or personal property on or at a facility or vessel and who is otherwise not engaged in petroleum marketing, refining or production.

I-g. "Indicia of ownership" means evidence of a mortgage lien, a security interest, or other interests in real or personal property securing payment or performance of a loan or other obligation.

I-h. "Mortgage interest" and "mortgage lien" mean a mortgage lien, tax lien, or other lien or encumbrance securing the payment of money or performance of an obligation.

II. "New Hampshire oil pollution control fund" means the fund established pursuant to RSA 146-A:11-a, I;

III. "Oil" means petroleum products and their by-products of any kind, and in any form including, but not limited to, petroleum, fuel, sludge, crude, oil refuse or oil mixed with wastes and all other liquid hydrocarbons regardless of specific gravity and which are used as motor fuel, lubricating oil, or any oil used for heating or processing. The term "oil" shall not include natural gas, liquified petroleum gas or synthetic natural gas regardless of derivation or source;

III-a. "
Oil pipeline facility
" means any intrastate pipeline structure, or section of any interstate pipeline structure, of any kind and its related appurtenances located within the boundaries of this state that is used or capable of being used for pumping, handling, transferring, transporting, processing, refining, or storing oil;

IV. "Oil terminal facility" means any facility of any kind and its related appurtenances located within the boundaries of this state that is used or capable of being used for pumping, handling, transferring, processing, refining or storing oil;

V. "Operator" shall mean any person owning or operating any oil terminal facility or vessel, whether by lease, contract, or any other form of agreement;

VI. "Person" shall mean individual, partnership, joint venture, corporation, association or any group of the foregoing or the United States of America, any agency thereof and any other legal entity;

VI-a. "Removal costs" means the costs of containment, removal, cleanup, restoration, and remedial or corrective action or measures that are incurred after a spillage or discharge of oil has occurred or, in any case in which there is a threat of a spillage or discharge of oil, the costs to prevent, minimize or mitigate oil pollution from such an incident;

VI-b. "
Surface water
" means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, watercourses, and other bodies of water, natural or artificial;

VI-c. "Primarily to protect a mortgage interest or security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing the payment or performance of the loan or other obligation.

VI-d. "Tax lien" means a tax lien arising under RSA 80:19, the rights acquired by the grantee in a tax sale pursuant to RSA 80:20-RSA 80:42-a, and a tax lien acquired or transferred pursuant to RSA 80:58-RSA 80:86.

VII. "Unexplained spill" means any spill or discharge of oil that cannot be attributed to a particular source;

VIII. "Vessel" includes every description of watercraft or other contrivance used, or capable of being used as a means of transportation on water or land whether self-propelled or otherwise and shall include barges, tugs, and tanker trucks;

IX. "Facility" means a location, including structures or land, at which oil is subjected to treatment, storage, processing, refining, pumping, transfer, or collection;

X. [Repealed.]

XI. "Wholesale terminal facility" means any facility of any kind and its related appurtenances that is primarily a wholesale distributor of oil products and that is used or capable of being used for pumping, handling, transferring, processing, refining, or storing oil.

XII. "Commissioner" means the commissioner of the department of environmental services.

XIII. "Department" means the department of environmental services.

XIV. "
Qualified facility
" means a facility:

(a) That has had no single discharge exceeding 1,000 gallons or no 2 discharges each exceeding 42 gallons, other than discharges that are the result of natural disasters, acts of war, or terrorism;

(b) That has an aggregate aboveground oil storage capacity of 5,000 gallons or less, of which not more than 660 gallons is for storage of gasoline; and

(c) For which preparation of a spill prevention, control, and countermeasure (SPCC) plan does not necessitate the practice of engineering as defined in RSA 310-A:2, III.


Source. 1971, 266:1. 1979, 463:4. 1981, 119:1, 3. 1985, 287:1, 2; 401:5. 1986, 182:3, 4, I. 1987, 377:12. 1988, 271:3. 1991, 92:2-5. 1993, 323:2, 3. 1994, 199:4-6. 1995, 216:1. 1996, 228:24. 2000, 76:1, eff. June 20, 2000. 2012, 147:5, eff. July 1, 2012. 2014, 137:1, eff. June 16, 2014.

    146-A:3-a Strict Liability for Containment, Cleanup and Removal Costs. 

I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge of oil into or onto any surface water or groundwater of this state, or in a land area where oil will ultimately seep into any surface water or groundwater of the state in violation of this chapter, or rules adopted under this chapter, shall be strictly liable for costs directly or indirectly resulting from the violation relating to:

(a) Containment of the discharged oil;

(b) Cleanup and restoration of the site and surrounding environment, and corrective measures as defined under RSA 146-A:11-a, III(a) and (b); and

(c) Removal of the oil.

I-a. (a) Any operator or person who has legal ownership of real property upon which underground storage facilities or other petroleum storage facilities which are not in compliance with the requirements of RSA 146-A or RSA 146-C are located shall be strictly liable for the costs of removal. The department shall have a lien upon the real property for all costs incurred by the department in removing underground storage facilities or other petroleum storage facilities pursuant to RSA 146-A:11-a, III(f) from the real property, including interest calculated pursuant to RSA 336:1, II where such costs are not paid as prescribed by the department. Such lien shall arise at the time such costs are incurred by the department and shall continue until the liability for such costs, including interest is satisfied or becomes unenforceable. The lien shall become valid and effective against the real property upon the department's recordation of a notice of lien in the registry of deeds for the county in which the real property is located. The notice of lien shall identify the legal owner of record by name and address, the location of the real estate from which the facility was removed by the department, and the amount of the lien. The department shall send a copy of the notice of lien to the person identified in the notice at the address set forth in the notice by certified mail, return receipt requested, postage prepaid. There shall be no charge for filing the department's notice of lien. The fee for discharging the notice of lien shall be borne by the person identified in the notice of lien. The lien provided for by this section may be foreclosed in accordance with the provisions of law relating to foreclosure of mortgages on real estate upon violation of subparagraph I-a(b) of this section or upon transfer of title to the real estate.

(b) Installation or replacement of underground storage facilities or other petroleum storage facilities regulated under RSA 146-A or RSA 146-C which contain or are designed to contain gasoline or diesel product on real property subject to a lien under this section shall be prohibited until such lien is discharged.

II. Nothing in this chapter shall be construed to prevent the party strictly liable from instituting a legal action against any party responsible for causing the spillage for costs incurred by the strictly liable party in complying with this statute.

III. [Repealed.]

IV. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility.


Source. 1985, 287:3. 1987, 377:3, 5. 1988, 271:9, I. 1991, 92:7. 1996, 266:6. 1998, 357:2, eff. July 1, 1998.

    146-A:3-b Repealed by 1986, 182:4, II, eff. May 28, 1986. 

    146-A:3-c Limited Liability for Holders. 

I. A holder who has not assumed ownership of a facility or vessel by the act of taking title by foreclosure or by other similar means and who has not assumed responsibility for the operation of the facility or vessel shall not be liable under RSA 146-A:3-a.

II. (a) A holder who has assumed ownership of a facility or vessel by the mere act of taking title by foreclosure or other similar means or who has assumed responsibility for the operation of a facility or vessel shall be liable under RSA 146-A:3-a unless the holder fulfills the following conditions in which case its liability shall be limited in accordance with subparagraph (b):

(1) The holder reports to the department any known or suspected discharge or spillage of oil from the facility or vessel;

(2) The holder undertakes emergency response measures to stop an ongoing discharge, prevent further discharge of oil, and address any imminent health hazard created by the discharge or spillage;

(3) The holder secures the facility or vessel as necessary to prevent exposure to oil by fencing or otherwise limiting access;

(4) The holder conducts all actions required under this subparagraph and all other response actions or corrective measures, including those voluntarily assumed, in accordance with the department of environmental service's rules; and

(5) The holder provides the department, its employees and authorized representatives with access to the facility or vessel for inspection, testing, response and remedial activity and any other purposes authorized under this chapter.

(b) A holder who has complied with the conditions of subparagraph (a) shall not be liable under RSA 146-A:3-a unless such holder or its employees cause any discharge or spillage of oil, in which case the holder shall be liable for the lesser of:

(1) Actual damages caused by the holder or its employees;

(2) The value of the secured property as determined by a method acceptable to both the state and the holder, until otherwise specified by rules of the department of environmental services; or

(3) The amount of the outstanding indebtedness secured by the facility or vessel.

III. Nothing in this section shall preclude or limit claims under RSA 146-A:3-a against non-employee agents or independent contractors retained by a holder.

IV. Nothing in this section shall preclude or limit claims to recover costs under RSA 146-A:3-a against a holder whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A holder as described in paragraph I or a holder who fulfills the conditions of subparagraph II(a) shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as such holder has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.


Source. 1993, 323:4. 1996, 228:106, eff. July 1, 1996.

    146-A:3-d Limited Liability for Fiduciaries. 

I. A fiduciary shall not be liable in its individual capacity under RSA 146-A:3-a.

II. Nothing in this section shall preclude claims under RSA 146-A:3-a against:

(a) A fiduciary in its representative capacity;

(b) The assets of the estate or trust administered by a fiduciary; or

(c) Non-employee agents or independent contractors retained by a fiduciary.

III. Nothing in this section shall preclude claims to recover costs under RSA 146-A:3-a against a fiduciary in its individual capacity whose negligent acts or omissions or intentional misconduct has caused the discharge or spillage of oil. A fiduciary shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.


Source. 1993, 323:4, eff. Aug. 22, 1993.

    146-A:3-e Duty to Report. 

Nothing in RSA 146-A:3-c or 146-A:3-d shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of an oil discharge otherwise established under New Hampshire law.


Source. 1993, 323:4, eff. Aug. 22, 1993.

    146-A:3-f Spill Response Plan. 

I. Oil pipeline facility owners shall submit a spill response plan to the department that provides spill protection equivalent to or greater than a facility response plan under 49 C.F.R. section 194.101. A person who has contracted with an oil pipeline facility to provide containment and cleanup services may submit the spill response plan, on behalf of the owner, for any oil pipeline facility for which the person is contractually obligated to provide services.

II. Response plans shall, at a minimum, include the following:

(a) The number, training preparedness, and fitness of all dedicated personnel assigned to direct and implement the plan;

(b) Arrangements for the positioning of oil spill containment, cleanup equipment, and trained personnel at strategic locations from which they can be deployed to the spill site to promptly and properly remove the spilled oil; and

(c) The amount and type of equipment available to respond to a spill, where the equipment is located, and the extent to which other contingency plans rely on the same equipment.

III. Spill response plans for oil pipeline facilities shall be submitted to the department within 6 months after the department has adopted rules under this section.

IV. The department shall approve a spill response plan for an oil pipeline facility only if it determines that the plan meets the requirements set forth in this section and rules adopted by the department.

V. Upon approval of a spill response plan for an oil pipeline facility, the department shall provide to the person submitting the plan a statement indicating that the plan has been approved, the oil pipeline facilities covered by the plan, and any other information the department determines should be included.

VI. An owner or operator of an oil pipeline facility shall notify the department in writing immediately of any significant change of which it is aware affecting its spill response plan, including changes in any factor set forth in this section or in rules adopted by the department. The department may require the owner or operator to update a spill response plan as a result of such changes.

VII. The department by rule shall require spill response plans to be reviewed, updated, if necessary, and resubmitted to the department at least once every 5 years.

VIII. Approval of a spill response plan by the department shall not constitute an express assurance regarding the adequacy of the plan nor constitute a defense to liability imposed under this chapter or any other state law.


Source. 2014, 137:4, eff. June 16, 2014; 303:6, eff. June 16, 2014 at 12:01 a.m.

    146-A:3 Discharge of Oil. 

The discharge or spillage of oil into the surface water or groundwater of this state, or in a land area where the oil will ultimately seep into surface water or groundwater is prohibited. Nothing in this chapter, however, shall prohibit the application of mosquito larvae control compounds under permits issued by the pesticide control board pursuant to RSA 430.


Source. 1971, 266:1. 1976, 18:22. 1991, 92:6, eff. May 13, 1991.

    146-A:4 Notification;  Removal. 

I. Whenever an oil discharge or spillage occurs which may pollute or which has polluted the surface water or groundwater of this state, the department of environmental services shall be notified immediately and shall assume primary jurisdiction of the cleanup operation. In the interim period before the department of environmental services has had an opportunity to assume jurisdiction, the person or persons strictly liable for an oil discharge shall undertake immediate measures to minimize the extent of pollution and damage which said discharge would otherwise cause. Any unexplained oil discharge shall be removed by or under the direction of the department of environmental services.

II. Any person strictly liable for an oil discharge shall immediately undertake to contain or remove such discharge to the department's satisfaction.

III. Notwithstanding paragraph II, the department of environmental services may undertake the containment or removal of such discharge and may retain agents and contractors for such purposes who shall operate under the direction of the department of environmental services.


Source. 1971, 266:1. 1985, 287:4; 401:1. 1986, 202:6, I(a). 1991, 92:8. 1996, 228:25, 106, 108, eff. July 1, 1996.

    146-A:5 Duty to Report. 

I. Whoever is responsible for the operation of any oil facility, carrier, or vessel that discharges oil in violation of this chapter shall immediately notify the department of environmental services or its designee. Any person who fails to give such notice shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate offense.

II. Any person who becomes aware of an oil discharge in violation of this chapter shall immediately notify the department of environmental services.


Source. 1971, 266:1. 1973, 529:19. 1986, 202:6, I(a). 1991, 92:9. 1996, 228:108, eff. July 1, 1996.

    146-A:6 State and Local Officials. 

All law enforcement officers and fire officials on the advice of the department or the department's authorized agent may assist in any oil spillage cleanup operation and may receive its support and guidance when engaged in such assistance.


Source. 1971, 266:1. 1986, 202:6, I(a). 1996, 228:109, eff. July 1, 1996.

    146-A:7 Private Participation. 

I. Notwithstanding any other provision of law or rule to the contrary, no oil spill cleanup organization or other person acting to contain, remove, clean up, restore or take other remedial or corrective action or measures with regard to the spillage or discharge of oil, or threatened spillage or discharge of oil, shall be liable for removal costs, penalties, fines or damages of any kind, including but not limited to, natural resources damages or civil damages to government or private parties, unless it is determined that their acts or omissions amounted to gross negligence or willful misconduct, provided that:

(a) The oil spill cleanup organization or other person was rendering care, assistance or advice, consistent with the National Contingency Plan or as otherwise directed by the Federal On-Scene Coordinator; or

(b) The oil spill cleanup organization or other person was acting upon the request of the department, or its designee, and pursuant to the department's response procedures.

II. The immunity provided by this section shall not apply to any person who, without regard to fault, directly or indirectly caused or suffered the spillage or discharge of oil, or threatened spillage or discharge of oil at issue, which required the initial containment, removal, cleanup, restoration or other remedial or corrective action or measures, and provided that any such person shall be strictly liable for any removal costs, penalties, fines and damages of any kind, that another person is relieved of responsibility for under paragraph I.


Source. 1971, 266:1. 1986, 202:6, I(a). 1991, 92:10. 1996, 228:109, eff. July 1, 1996.

    146-A:8 Repealed by 1991, 92:45, I, eff. May 13, 1991. 

    146-A:9 Recovery by State. 

The attorney general shall institute such legal or equitable action as he deems necessary to recover or obtain judgment for the costs of containment, cleanup, removal, corrective measures or civil penalties. This action may be brought in conjunction with an action for injunctive relief or in a separate action in superior court. In connection with an action brought under this section, the attorney general may obtain a prejudgment attachment.


Source. 1971, 266:1. 1985, 287:5. 1991, 92:11, eff. May 13, 1991.

    146-B:1 Definitions. 

In this chapter:

I. "Department" means the department of health and human services.

II. "Established name" has the meaning given in section 502(e)(3) of the Federal Food, Drug and Cosmetic Act (21 U.S.C. 352(e)(3)).

III. "Equivalent drug product" means a therapeutically equivalent drug product with the same established name, active ingredient strength, quantity and dosage form as the drug product identified in the prescription.

IV. "Prescriber" means a person licensed by the state to prescribe drug products.


Source. 1981, 153:1. 1983, 291:1, I. 1995, 310:101, eff. Nov. 1, 1995.

    146-B:2 Drug Product Selection. 

I. Unless instructed otherwise by the person receiving the drug pursuant to the prescription, a pharmacist filling a prescription for a drug product prescribed by its trade or brand name may select an equivalent drug product listed in "Approved Prescription Drug Products with Therapeutic Equivalence Evaluations" as published by the United States Department of Health and Human Services.

II. The pharmacist shall not select an equivalent drug product if the prescriber handwrites "medically necessary" on the written prescription, or when ordering a prescription orally the prescriber specifies that the prescribed drug product is medically necessary. The designation of medical necessity shall not be preprinted or stamped on the prescription. This paragraph shall not preclude a reminder of the procedure required to prohibit selection of an equivalent drug product from being preprinted on the prescription.

III. The pharmacist shall not select an equivalent drug product unless its price to the purchaser is less than the price of the prescribed drug product.

IV. The pharmacist or the pharmacist's agent, assistant or employee shall inform the person receiving the drug pursuant to the prescription of the selection of a lower-cost equivalent drug product and of the person's right to refuse the product selected.


Source. 1981, 153:1. 1983, 43:1, eff. June 20, 1983.

    146-B:3 Repealed by 1983, 43:2, eff. June 20, 1983. 

    146-B:4 Prescription Label. 

Unless the prescriber instructs otherwise, the label for every drug product dispensed shall include the product's trade or brand name, if any, or its established name and the name of the manufacturer, packer or distributor, using abbreviations if necessary.


Source. 1981, 153:1, eff. July 28, 1981.

    146-B:5 Prescription Record. 

The pharmacy file copy of every prescription shall include the trade or brand name, if any, and the name of the manufacturer, and the packer or distributor, of the drug product dispensed, and any instructions as to medical necessity as noted by the prescriber.


Source. 1981, 153:1, eff. July 28, 1981.

    146-B:6 Public Education. 

The department shall assess the need for and, if appropriate, provide for public education regarding the provisions of this chapter. From time to time, the department shall monitor the effects of this chapter.


Source. 1981, 153:1. 1995, 310:175, eff. Nov. 1, 1995.

    146-B:7 Pharmacist Liability. 

A pharmacist who selects an equivalent drug product pursuant to this chapter assumes no greater liability for selecting the dispensed drug product than would be incurred in filling a prescription for a drug product prescribed by its established name.


Source. 1981, 153:1, eff. July 28, 1981.

    146-B:8 Penalty. 

Any person who violates the provisions of this chapter shall be guilty of a violation.


Source. 1981, 153:1, eff. July 28, 1981.

    146-C:1 Definitions. 

In this chapter:

I. "Department" means the department of environmental services.

I-a. [Repealed.]

I-b. "Commissioner" means the commissioner of the department of environmental services.

II. "Discharge" means the release or addition of any oil or hazardous substance to land, groundwater or surface water.

III. "Disposal" means deposit, discharge, injection, dumping, spilling, leaking, leaching, or placing of oil or hazardous substance into or on any land, groundwater or surface water.

IV. "Existing facility" means a facility the construction or installation of which began prior to September 17, 1985.

V. "Facility" means an assemblage of tanks, pipes, pumps, vaults, fixed containers, and appurtenant structures, singly or in any combination, which are used or designed to be used for the storage, transmission, or dispensing of oil or a hazardous substance, and which are within the size, capacity, and other specifications prescribed by rules adopted by the department pursuant to RSA 146-C:9, VI.

VI. "Failure" means a condition which may or does allow the uncontrolled passage of oil or a hazardous substance into or out of a facility, and includes, but is not limited to, a discharge to the groundwater or surface water of the state without a permit issued pursuant to RSA 146-C:4.

VII. "Groundwater" means subsurface water that occurs beneath the water table in soils and geologic formations.

VII-a. "Hazardous substance" means material defined as a regulated substance under 42 U.S.C. 6991(2)(A) in addition to any material designated as a hazardous substance pursuant to RSA 146-C:9, VI-a.

VII-b. (a) "Fiduciary" means a person:

(1) Who is acting in any of the following representative capacities, but only to the extent such person is acting in such representative capacity: an executor or administrator of an estate, including a voluntary executor or a voluntary administrator; a guardian; a conservator; a trustee under a will under which the trustee takes title to, or otherwise controls or manages, property for the purpose of protecting or conserving such property under the ordinary rules applied in the courts of the state of New Hampshire; a court-appointed receiver; a trustee appointed in proceedings under federal bankruptcy laws; an assignee or a trustee acting under an assignment made for the benefit of creditors; a trustee under a revocable or irrevocable donative or estate-planning inter vivos trust; or a trustee, pursuant to an indenture agreement or similar financing agreement, for debt securities, certificates of interest of participation in any such debt securities, or any successor thereto; and

(2) Who holds legal title to, controls, or manages, directly or indirectly, any facility as a fiduciary for purposes of administering an estate or trust of which such facility is a part; and

(3) Who is otherwise not engaged in petroleum production, refining, or marketing.

(b) Any person or entity acting as trustee of a business trust, a realty trust, a real estate trust, a nominee trust, or any similar trust shall not be considered a "fiduciary" under this chapter.

VII-bb. "Foreclosure" means any foreclosure by a holder of a mortgage lien, or, in the case of a tax lien, the conveyance of property by tax deed by a municipality, county or state pursuant to the procedures of RSA 80:20-RSA 80:42-a or of RSA 80:58-RSA 80:86.

VII-c. "Holder" means a person who holds indicia of ownership primarily to protect a mortgage interest or security interest in real or personal property on or at the facility and who is otherwise not engaged in petroleum production, refining or marketing.

VII-d. "Indicia of ownership" means evidence of a mortgage lien, a security interest, or other interests in real or personal property securing payment or performance of a loan or other obligation.

VII-dd. "Mortgage interest" and "mortgage lien" mean a mortgage lien, tax lien, or other lien or encumbrance securing the payment of money or performance of an obligation.

VII-e. "Primarily to protect a mortgage interest or security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing the payment or performance of the loan or other obligation.

VIII. "Life expectancy" means the time period within which a failure is not expected to occur as determined by the department.

IX. [Repealed.]

X. "New facility" means a facility the construction or installation of which begins on or after September 17, 1985, including, but not limited to, facilities which replace existing facilities, facilities which are moved from one location to another, and facilities which are substantially modified after September 17, 1985.

XI. "Nonresidential," when referring to a facility, means a facility which serves any commercial, industrial, institutional, municipal, public, or other building, including, but not limited to, service stations, hotels and motels, hospitals, nursing homes, and correctional institutions, but not including residential buildings.

XII. "Oil" means "oil" as defined in RSA 146-A:2.

XIII. "Operator" means the person who has responsibility for the care, custody, and control of the daily operation of a facility.

XIII-a. "
Class A operator
" means the individual or individuals designated by the owner to have primary statutory and regulatory responsibility for the operation and maintenance of the facility. The "class A operator" may hold more than one class of operator position.

XIII-b. "
Class B operator
" means the individual or individuals designated by the owner to implement applicable regulatory requirements and implement the daily aspects of the operation, maintenance, and recordkeeping for the facility. The "class B operator" may hold more than one class of operator position.

XIII-c. "
Class C operator
" means the individual or individuals designated by the owner to have primary responsibility for responding to alarms, emergencies presented by spills or releases, and other problems associated with the operation of the facility. The "class C operator" may hold more than one class of operator position.

XIII-d. "
Approved training program
" means an operator training program meeting the requirements of RSA 146-C:18.

XIV. "Owner" means the person in possession of or having legal ownership of a facility. In addition, for facilities no longer in use, "owner" includes the person having had legal ownership of such facility immediately prior to discontinuance of its use.

XIV-a. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state and agencies thereof, municipality, commission, political subdivision of a state, interstate body, consortium, joint venture, commercial entity, the United States government and agencies thereof, and any other legal entity.

XIV-b. "Red-tagged storage tank or facility" means one or more oil storage tanks at a facility identified by means of a department-issued identification tag as being non-compliant with department rules issued under RSA 146-C:9, VI for spill prevention, overfill protection, release detection, leak monitoring, or corrosion protection.

XV. "Residential building" means any house, apartment, trailer, manufactured housing, or other structure occupied by individuals as a domicile.

XVI. "Substantial modification" means the construction or installation of any addition to a facility or any restoration or renovation of a facility which: increases or decreases the on-site storage capacity of the facility; significantly alters the physical configuration of the facility; or impairs or improves the physical integrity of the facility or its monitoring systems. On-site abandonment is specifically excluded as a "substantial modification" of a facility.

XVII. "
Surface water
" means perennial and seasonal streams, lakes, ponds, and tidal waters within the jurisdiction of the state, including all streams, lakes, or ponds bordering on the state, marshes, watercourses, and other bodies of water, natural or artificial.

XVII-a. "Tax lien" means a tax lien arising under RSA 80:19, the rights acquired by the grantee in a tax sale pursuant to RSA 80:20-RSA 80:42-a, and a tax lien acquired or transferred pursuant to RSA 80:58-RSA 80:86.

XVIII. "Underground storage facility" means a facility or facility component that is 10 percent or more below the surface of the ground and is not fully visible for inspection.


Source. 1986, 182:1. 1988, 249:1-3. 1990, 208:1-3, 14. 1991, 92:22-29. 1993, 323:6, 7. 1994, 199:7-9. 1995, 216:2. 1996, 228:26, 27, 106. 2000, 76:2, eff. June 20, 2000. 2007, 376:1, eff. July 1, 2007. 2010, 102:1, eff. May 26, 2010. 2016, 23:4, eff. Apr. 25, 2016.

    146-C:10-a Administrative Fines. 

The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The proceeds of administrative fines levied pursuant to this section shall be deposited by the commissioner in the oil pollution control fund established under RSA 146-A. The commissioner shall adopt rules, under RSA 541-A, relative to:

I. A schedule of administrative fines which may be imposed under this section for violations of this chapter as provided above; and

II. Procedures for notice and hearing prior to the imposition of an administrative fine.


Source. 1989, 230:8. 1995, 217:3, eff. Jan. 1, 1996.

    146-C:10 Penalty. 

I. Any person who owns or operates an underground storage facility without a permit as required by this chapter, who fails to comply with a condition of that permit or of an order issued under RSA 146-C:9-a, or who violates any provision of this chapter or the rules adopted under this chapter relative to underground storage facilities shall be subject to a civil penalty of not more than $10,000 for each violation. Each day of a continuing violation shall count as a separate violation. Such a violation may also be enjoined by the superior court upon application of the attorney general.

II. All moneys collected under this section which pertain to the discharge of oil shall be paid into the oil pollution control fund established under RSA 146-A:11-a. All moneys collected under this section which pertain to discharge of a hazardous substance shall be paid to the hazardous waste cleanup fund established under RSA 147-B:3.


Source. 1986, 182:1. 1987, 377:9. 1988, 249:13. 1989, 230:12. 1991, 92:42, eff. May 13, 1991. 2007, 376:3. eff. July 1, 2007.

    146-C:11-a Limited Liability for Holders. 

I. A holder who has not assumed ownership of a facility or facility site by the act of taking title by foreclosure or by other similar means and who has not assumed responsibility for the care, custody or control of a facility or facility site shall not be considered an owner or operator under this chapter and shall not be liable under RSA 146-C:11.

II. (a) A holder who has assumed ownership of a facility or facility site by the mere act of taking title by foreclosure or other similar means or who has assumed responsibility for the care, custody or control of a facility or facility site shall be liable under RSA 146-C:11 unless the holder fulfills the following conditions in which case its liability shall be limited in accordance with subparagraph (b):

(1) The holder notifies the department of the facility if the holder knows or has reason to know of its existence and the facility is not registered;

(2) The holder reports to the department any known or suspected discharge or disposal of oil or hazardous substance from the facility;

(3) The holder assesses the facility's compliance with department of environmental services rules adopted under the authority of RSA 146-C and provides the department with the results of the assessment;

(4) The holder undertakes emergency response measures to stop an ongoing discharge or disposal of oil or hazardous substance, prevent further disposal, and address any imminent health hazard created by the disposal;

(5) The holder secures the facility or site as necessary to prevent exposure to oil or hazardous substances by fencing or otherwise limiting access;

(6) The holder conducts all actions required under this subparagraph and all other cleanup actions or corrective measures, including those voluntarily assumed, in accordance with the department of environmental service's rules; and

(7) The holder provides the department, its employees and authorized representatives with access to the facility or site for inspection, testing, containment, removal and cleanup activity and any other purposes authorized under this chapter.

(b) A holder who has complied with the conditions of subparagraph (a) shall not be considered an owner or operator under this chapter and shall not be liable under RSA 146-C:11 unless such holder or its employees cause any disposal of oil or hazardous substance, in which case the holder shall be liable for the lesser of:

(1) Actual damages caused by the holder or its employees;

(2) The value of the secured property as determined by a method acceptable to both the state and the holder, until otherwise specified by rules of the department of environmental services; or

(3) The amount of the outstanding indebtedness secured by the facility or site.

III. A holder that assumes primary responsibility for the business operations of a facility or facility site shall be deemed an operator under this chapter. Such holder shall not be strictly liable under RSA 146-C:11 for discharges or disposals commencing before the holder first conducts or manages the business operations of the facility if the holder has fulfilled the conditions of subparagraph II(a).

IV. Nothing in this section shall preclude or limit claims under RSA 146-C:11 against non-employee agents or independent contractors retained by a holder.

V. Nothing in this section shall preclude or limit claims for costs under RSA 146-C:11 against a holder whose negligent acts or omissions or intentional misconduct has caused the discharge or disposal of oil or hazardous substances. A holder as described in paragraph I or a holder who fulfills the conditions of subparagraph II(a) shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as such holder has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.


Source. 1993, 323:9. 1996, 228:106, eff. July 1, 1996.

    146-C:11-b Limited Liability for Fiduciaries. 

I. A fiduciary shall not be considered an owner or operator under this chapter in its individual capacity and shall not be liable in its individual capacity under RSA 146-C:11.

II. Nothing in this section shall preclude claims under RSA 146-C:11 against:

(a) A fiduciary in its representative capacity;

(b) The assets of the estate or trust administered by a fiduciary; or

(c) Non-employee agents or independent contractors retained by a fiduciary.

III. Nothing in this section shall preclude claims to recover costs under RSA 146-C:11 against fiduciaries in their individual capacity based on negligence or intentional misconduct. Fiduciaries shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.


Source. 1993, 323:9, eff. Aug. 22, 1993.

    146-C:11-c Duty to Report. 

Nothing in RSA 146-C:11-a or 146-C:11-b shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of a discharge or disposal of oil or hazardous substance otherwise established under New Hampshire law.


Source. 1993, 323:9, eff. Aug. 22, 1993.

    146-C:11 Liability for Cleanup Costs;  Municipal Regulations. 

I. Any person who, without regard to fault, directly or indirectly causes or suffers the discharge or disposal of oil or a hazardous substance into or onto any surface water or groundwater of this state, or in a land area where it has seeped or may or will ultimately seep into any surface water or groundwater of the state in violation of this chapter, or rules adopted under this chapter, shall be strictly liable for costs directly or indirectly resulting from the violation relating to:

(a) Containment of the discharged oil;

(b) Cleanup and restoration of the site and surrounding environment, and corrective or remedial measures as defined under RSA 146-A:11-a, III(a) and (b); and

(c) Removal of the oil.

I-a. The owner or operator of a facility shall immediately inform the department of any discharge or disposal in violation of this chapter. Such person shall take immediate action to mitigate damages from such discharge consistent with any applicable rules of the department. If the owner is not the operator of the facility, the operator shall immediately inform the owner of any discharge or disposal in violation of this chapter.

II. Nothing in this chapter shall be construed to prevent the party strictly liable from instituting a legal action against any party responsible for causing the spillage for costs incurred by the strictly liable party in complying with this chapter.

III. Nothing in this chapter shall be construed to pre-empt local zoning or other regulations, properly enacted under other statutes, which reasonably regulate the location of underground storage facilities.

IV. The department shall immediately notify the governing body of a municipality of any leaking underground storage tanks either within the municipality or near the local water supply.

V. [Repealed.]

VI. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility.


Source. 1986, 182:1. 1987, 377:4, 6. 1988, 249:14, 15; 271:9, VII. 1990, 208:10. 1991, 92:43. 1996, 228:106, eff. July 1, 1996; 266:7, eff. June 10, 1996.

    146-C:12 Federal Assistance and Private Funds. 

I. To implement this chapter, the commissioner is authorized on behalf of the state, with the approval of the governor and council, to apply for and accept any federal assistance which may become available for the purpose of this chapter, whether in the form of loan or grant or otherwise, to accept the provision of any federal legislation for such assistance, to enter into, act, and implement contracts in connection with such assistance, or to act as agent for the federal government in connection with such assistance. The commissioner shall accept and expend funds from the leaking underground storage tank trust fund established by 26 U.S.C. section 9508 in accordance with applicable federal law, the regulations adopted under such law, and the contract or contracts providing for federal assistance, notwithstanding any contrary provision of state law. The commissioner may also utilize any private funds which may be made available for the purposes of this chapter.

II. Cost recovered monies originally expended from the federal leaking underground storage tank trust fund shall be deposited into the oil pollution control fund, established in RSA 146-A:11-a and accounted for separately.

III. [Repealed.]


Source. 1986, 182:1. 1988, 249:16. 1993, 156:1. 1996, 228:106, 110, eff. July 1, 1996. 2007, 138:1, eff. Aug. 17, 2007. 2015, 142:10, 15, VII, eff. July 1, 2015.

    146-C:13 Penalty;  Persons Strictly Liable. 

Any person who is found to be strictly liable for a discharge or spillage of oil, and who willfully fails to comply with a department order requiring investigation, containment, cleanup, removal, remedial measures, or corrective measures, shall be liable to the state in double the amount of cost recoverable funds expended by the state in undertaking investigative, remedial, or corrective action at the site.


Source. 1991, 92:44. 1996, 228:106, eff. July 1, 1996.

    146-C:14 Delivery Prohibition. 

I. No person shall deliver or cause the delivery of oil to a non-compliant storage tank or facility which has been red-tagged.

II. No owner or operator of a facility may deposit or allow the deposit of oil into an underground storage tank or facility that has a red tag affixed to the tank or facility's fill pipe.

III. No person may deposit oil into an underground storage tank or facility that has a red tag affixed to the fill pipe.

IV. No person shall deface, alter, or otherwise tamper with a red tag so that the information contained is not legible.


Source. 2007, 376:2, eff. July 1, 2007.

    146-C:15 Non-Compliant Storage Tanks or Facilities;  Red-Tagging Procedure. 

The department shall apply the following procedure in determining whether to red-tag a storage tank or facility:

I. The department shall perform an on-site inspection to determine whether a storage tank or facility is non-compliant with department rules for spill prevention, overfill protection, release detection, leak monitoring, or corrosion protection.

II. Upon determining non-compliant status, the department shall provide written notification to the facility owner and facility operator on the nature of the operational deficiencies, the applicable regulatory requirements, options available for correcting the deficiencies, and the deadline for completion of the work.

III. Upon failure of a facility owner or operator to correct such operational deficiencies to the satisfaction of the department by the established deadline, the department shall issue a written notice of "Intent to Red-Tag" to the facility owner and facility operator, and shall provide notification to all oil delivery companies that have requested to receive such notifications. The notice shall include the deadline after which date department personnel will red-tag the non-compliant storage tank or facility. Before affixing a red tag to the fill pipe of an underground storage tank or facility, the agency shall document the level of stored product in the tank or facility.

IV. The department shall publish a current list of all red-tagged storage tanks and facilities in the state, and shall provide notification of list changes to all oil delivery companies that have requested to receive such notification. No person shall be liable for delivery of oil to a non-compliant storage tank or facility that is not included on the department list of red-tagged storage tanks or facilities.


Source. 2007, 376:2, eff. July 1, 2007.

    146-C:16 Appeals. 

I. A facility owner may request, in writing, that the department rescind the delivery prohibition imposed under RSA 146-C:14. The department, shall approve a request to rescind the delivery prohibition, upon determining the following:

(a) The facility owner or operator has corrected the operational deficiencies identified during the inspection conducted under RSA 146-C:15, I;

(b) Fines and penalties assessed by the department against the facility owner or operator, if any, have been paid; and

(c) The department has re-inspected the facility and determined the storage tank or facility is in compliance, or an owner or operator has provided satisfactory documentation that operational deficiencies were corrected. Upon notification by the owner or operator documenting to the satisfaction of the department that the deficiencies were corrected:

(1) The department may provide written notification to the owner or operator to remove the red tag.

(2) The department shall inspect the underground storage tank or facility within 5 business days of notification to determine whether the tank or facility is now in compliance with department rules, regardless of whether it has authorized removal of the red tag by the owner or operator. If, upon inspection, the department determines that the system is in compliance and the department has not already authorized the removal of the red tag, the department shall immediately remove the red tag.

(3) Upon removal of the red tag, the department shall document the level of stored product in the tank or facility. If the red tag was removed by the owner or operator as authorized by the department, the owner or operator shall document the level of stored product in the tank or facility at the time of red tag removal. The removed red tag shall be sent back to the department with documentation of the level of product in the tank or facility at the time of removal. The red-tagged documentation shall be returned to the department within 5 days of the removal of the red tag, or sooner if the department requests it.

II. Nothing in this section shall affect any authority of the department or the attorney general to enforce state law relative to oil discharges or storage tank compliance, or to seek injunctive relief, cost recovery, penalties, and any other sanctions for non-compliance with applicable requirements.

III. Any appeal of department action under this section shall not stay or suspend the department's action.


Source. 2007, 376:2, eff. July 1, 2007. 2010, 55:2, eff. May 18, 2010.

    146-C:17 Operator Training Required. 

I. Effective August 8, 2012, no person shall operate an underground storage facility without designated class A, B, and C operators who have been trained and certified in accordance with an approved training program.

II. (a) By August 8, 2012, owners of then-existing facilities shall submit to the department for each underground storage facility owned in the state a statement signed by both the owner and the designated operators in a format approved by the department identifying the designated class A and B operators, the name of the approved training program by which they are trained, the date that they were certified by the approved training program, and the expiration date regarding their certification.

(b) For facilities that begin operation after August 8, 2012, the information in subparagraph (a) shall be submitted prior to beginning operation.

III. Effective August 8, 2012, owners shall post at each underground storage facility operator response guidelines meeting the requirements of RSA 146-C:19, I.

IV. Effective August 8, 2012, owners shall post at each underground storage facility, and revise when changes occur, a listing of class C operators assigned to that facility that includes the latest date of training, the expiration date regarding the training, and an identification of the approved training program or the name of the certified class A or B operator that trained each class C operator.

V. After August 8, 2012, owners shall revise and resubmit to the department a signed statement that includes the information required in paragraph II whenever there is a change in designated class A or B operators or a change of approved training programs, or when a designated operator has been retrained as ordered by the department pursuant to RSA 146-C:21, within 30 days of the change for each affected underground storage facility.

VI. After August 8, 2012, newly designated class A and B operators shall be trained in accordance with an approved training program within 30 days of being designated. Newly designated class C operators shall be trained in accordance with an approved training program or by a certified class A or B operator before assuming the responsibilities of the class C operator.

VII. Class A, B, and C operators who have been trained and certified by an approved operator training program that has since had its approval revoked pursuant to RSA 146-C:20 shall remain trained and certified unless they are directed by the department to retrain pursuant to RSA 146-C:21 or their certification expires pursuant to the previously approved training program curriculum.


Source. 2010, 102:2, eff. May 26, 2010.

    146-C:18 Operator Training Program Requirements. 

An operator training program may be provided by the department, approved by the department pursuant to paragraph I or paragraph III, or deemed approved pursuant to paragraph II, to meet the requirements of this section. The department may charge a fee to cover expenses for operator training that are not paid by federal grants.

I. An operator training program shall be approved in writing by the department. The department shall approve a program if after submittal of the training curriculum and instructor's qualification to the department for review, the department finds that it meets the following minimum requirements:

(a) Class A operator training shall include:

(1) Familiarization with applicable state statutes and rules as they specifically apply to facility registration and permitting, financial responsibility documentation requirements, spill prevention, overfill prevention, release detection, corrosion protection, emergency response, product compatibility, notification requirements, release and suspected release reporting, temporary and permanent closure requirements, and operator training.

(2) Certification that the operator has passed an appropriately administered and evaluated test demonstrating such knowledge.

(3) After the initial training, at least biennial retraining.

(b) Class B operator training shall include:

(1) Familiarization with the implementation of applicable statutes and regulations.

(2) Familiarization with components of underground storage facilities, material of underground storage facility components, methods of underground storage facility release detection and release prevention, underground storage facility spill prevention, overfill prevention, release detection, corrosion protection, emergency response, product compatibility, reporting and recordkeeping requirements, and class C operator requirements.

(3) Familiarization with conducting and documenting monthly maintenance inspections pursuant to RSA 146-C:19 and yearly maintenance inspections as applicable.

(4) Certification that the operator has passed an appropriately administered and evaluated test demonstrating such knowledge.

(5) After the initial training, at least biennial retraining.

(c) Class C operator training shall include:

(1) Familiarization with taking the appropriate action pursuant to operator response guidelines in responding to emergencies and alarms.

(2) Familiarization with the facility layout.

(3) Familiarization with reading alarm enunciation panels.

(4) Certification of understanding signed by the operator and trainer.

(5) After the initial training, at least biennial retraining.

II. The following operator training programs shall be deemed approved by the department:

(a) For class A operator training, current certification as an underground storage facility operator by the International Code Council.

(b) For class B operator training, current certification as an underground storage facility system installer or retrofitter by the International Code Council.

(c) For class C operator training, training to take appropriate action pursuant to the posted operator response guidelines in responding to emergencies and alarms, a physical tour of the facility, and training in reading the alarm enunciation panel by the designated trained class A or B operator at the facility; provided that, after the initial training, there is at least biennial retraining or refresher training.

III. The department may approve operator training programs conducted or approved by other states as meeting New Hampshire requirements.

IV. Nothing in this section shall prohibit or prevent a class A, B, or C operator from training additional facility employees to assist with the class C operator's responsibilities for responding to alarms, emergencies presented by spills or releases, and other problems associated with the operation of the facility.


Source. 2010, 102:2, eff. May 26, 2010.

    146-C:19 Additional Operator Requirements. 

I. Written operator response guidelines shall include spill reporting procedures, contact phone numbers, malfunctioning equipment lock-out/tag-out and notification procedures, and initial mitigation protocol for emergencies.

II. Monthly visual inspections meeting the following minimum requirements shall be conducted at all underground storage facilities:

(a) Inspections shall be conducted by or under the direction of the class A or B operator.

(b) The results of each inspection shall be recorded in a monthly inspection report. The records shall be maintained and made available for department inspection and copying for a period of not less than 3 years.

(c) The following items shall be inspected and shall be reported on the inspection report as no defect, defect, and how any defect was resolved:

(1) Inspect all vent risers for visible damage and repair as necessary.

(2) Inspect each pressure/vacuum vent cap and if the cap is missing or damaged, replace the cap.

(3) Inspect each spill bucket for the presence of oil, water, or debris; remove and dispose of any oil, water, or debris in accordance with all applicable federal, state, and local requirements; and repair each spill bucket as necessary.

(4) Inspect each coaxial fill adaptor cap, 2-point fill adaptor cap, and dry break adaptor cap for looseness, the presence of a gasket, and tightness of fit, and tighten, repair, or replace as necessary.

(5) Inspect each coaxial fill adaptor, 2-point fill adaptor, and dry break adaptor for tightness of fit, and tighten or replace as necessary.

(6) Inspect each dry break poppet valve for a continuous seal, that it depresses evenly across the valve seat, and that it reseats properly and if not, repair or replace as necessary.

(7) Inspect each motor fuel dispenser hose for tears, leaks, holes, kinks, crimps, or defects of any kind and replace as necessary.

(8) Inspect each motor fuel dispenser nozzle for leaks, obstruction of vapor recovery holes, or defects of any kind and replace as necessary.

(9) Inspect each motor fuel dispenser cabinet interior for leaking components and the presence of oil, water, or debris; remove and dispose of any oil, water, or debris in accordance with all applicable federal, state, and local requirements; and repair each component as necessary. If a motor fuel dispenser cabinet interior has a liquid-tight containment sump with continuous leak detection monitoring provided by either a dispenser sump sensor or the attached piping sump sensor, the motor fuel dispenser cabinet interior inspection may be conducted annually and the results reported in the associated monthly inspection report.

(10) Inspect each oil transfer and dispensing area for the presence of oil spills and report and remediate any spill in accordance with all applicable federal, state, and local requirements.

(11) Inspect each alarm enunciation panel for proper operation of product monitoring and leak detection systems and repair or replace system components as necessary.

(d) Deficiencies discovered during the visual inspection shall be repaired or otherwise resolved within 30 days.

III. The class B operator shall ensure that tanks, pumps, and appurtenances that will store or dispense oil are compatible with the oil or oil blends to be stored or dispensed.

IV. Delegation of the responsibilities of this section to designated operators shall not relieve the owner from liability for noncompliance with the requirements of this section.


Source. 2010, 102:2, eff. May 26, 2010.

    146-C:2 Discharges Prohibited. 

No owner or operator or other person responsible for the operation of a facility shall discharge or dispose of any oil or hazardous substance as defined in this chapter from any facility into or onto any land, groundwater, or surface water of the state.


Source. 1986, 182:1. 1988, 249:4. 1990, 208:4. 1991, 92:30, eff. May 13, 1991.

    146-C:20 Revocation of Operator Training Program Approval. 

I. If the department determines that an approved operator training program has proven insufficient to adequately train operators as evidenced by inadequately trained operators, significant operational compliance issues, or inability to document that training has been provided, then the department shall revoke the approval of the operator training program.

II. An operator training program may be re-approved if it is demonstrated that all operator training program defects have been corrected and if a revised curriculum and instructor's qualification is submitted to the department and meets the requirements of RSA 146-C:18.

III. An approved operator training program may withdraw as an approved operator training program by making such a request in writing to the department.


Source. 2010, 102:2, eff. May 26, 2010.

    146-C:21 Repeating Operator Training. 

If the department determines that a facility is not in significant operational compliance with the release prevention and release detection measures of applicable state rules and statutes, or other requirements of this chapter or the implementing rules, then the department shall direct that the responsible class A or B operator be retrained and recertified in accordance with an approved training program, within 30 days or within such other time as the department specifies.


Source. 2010, 102:2, eff. May 26, 2010.

    146-C:3 Registration of Underground Storage Facilities. 

I. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department and shall provide the following information:

(a) Facility name, location, and mailing address.

(b) Owner's name, mailing address, and telephone number.

(c) Contact person for this facility.

(d) Tank information: the size, age, type of tank material, location (on-site), and product stored.

(e) Demonstration of financial responsibility pursuant to rules adopted under RSA 146-C:9, VII. Proof of eligibility for financial assistance under RSA 146-D shall satisfy the requirement of demonstration of financial responsibility under this subparagraph.

II. The owner of each existing underground storage facility shall register the facility with the department on forms provided by the department, and shall provide the following information to the extent that it may reasonably be available to the owner:

(a) Results of previous tank testings conducted in accordance with department rules, including documentation of test results.

(b) All previous owners and lessees with names and current addresses.

(c) A detailed description of the facility; the size of tanks (physical dimensions), number of fill boxes, number and type of fittings attached to tanks, complete description of underground piping system, type of cathodic protection, date each tank was manufactured, installed, relined, and inspected, and tank manufacturer, and the date and results of the latest tightness test of all underground tanks.

(d) The estimated life expectancy of all inground tanks and appurtenances.

(e) Description and date of past discharges or disposal, remedial actions, ground and surface water monitoring results, and closure plans.

(f) Detailed site plan and layout.

(g) Existing groundwater protection monitoring programs, if any.

III. The owner of a registered underground storage facility shall report any changes in the information provided under paragraph I or II within 10 days of the change.

IV. The registration required under this section shall be maintained for the life of the facility. A registration need not be maintained if the department has received written notice that the registered underground storage facility has been closed by approved procedures according to rules adopted pursuant to RSA 146-C:9, II(i). Any notice of closure shall include the date of such closure.

V. The department shall forward information compiled under this section to the federal Environmental Protection Agency pursuant to 42 U.S.C. 6991a(c).


Source. 1986, 182:1. 1988, 249:5, 6. 1990, 208:5, 6. 1991, 92:31. 1996, 228:106, eff. July 1, 1996.

    146-C:4 Underground Storage Facility Permit Required. 

I. No person shall own or operate an underground storage facility in this state without a permit issued by the department. The permit to operate may be revoked in accordance with RSA 541-A:30 for just cause, including, but not limited to, the operation or ownership of an underground storage facility in violation of the department's rules. The revocation shall not take effect until the owner or operator has had an opportunity to be heard by the council, provided such request is made within 20 days of the issuance of the department's decision to revoke the permit. Appeal of a decision revoking a permit to operate shall be governed by RSA 21-O:14. Any appeal brought pursuant to RSA 541 shall not stay a decision by the waste management council which affirms the department's revocation of a permit.

II. The department shall issue or deny a permit to all facilities registered under RSA 146-C:3 within 90 days of the receipt of the complete registration information. A permit issued under this section shall be displayed on the premises of the underground storage facility at all times.

III. [Repealed.]


Source. 1986, 182:1. 1990, 3:73. 1991, 92:32. 1996, 228:28, 106. 2003, 187:5, 6, I, eff. July 1, 2003. 2010, 55:1, eff. May 18, 2010. 2016, 23:2, eff. Apr. 25, 2016.

    146-C:5 Records Required;  Inspections. 

I. The operator of an underground storage facility shall keep and reconcile accurate stock inventory records for the purpose of detecting leaks. The records shall be maintained and made available for department inspection and copying for a period of not less than 3 years.

II. For the purpose of developing or assisting in the development of any rule, conducting any study or investigation, instituting any corrective or remedial measures, or enforcing the provisions of this chapter, any owner or operator of a facility subject to regulation under this chapter shall, upon request of any employee or authorized representative of the department, furnish information relating to such facility or its contents, conduct monitoring or testing, permit such employee or authorized representative at all reasonable times to have access to and to copy all records relating to such facility, and permit such employee or authorized representative to have access to the facility for corrective or remedial measures.

III. For the purpose of developing or assisting in the development of any rule, conducting any study or investigation, instituting corrective or remedial measures, or enforcing the provisions of this chapter, department employees or authorized representatives may, upon the presentation of appropriate credentials:

(a) Enter at reasonable times any site where a facility regulated under this chapter is located.

(b) Inspect and obtain samples from any person of any regulated substances in such facility.

(c) Conduct monitoring or testing of the tanks, associated equipment, contents, or surrounding soils, air, surface water or groundwater.

(d) Institute corrective or remedial measures.

IV. Information obtained by the department under this chapter which, in the judgment of the federal Environmental Protection Agency or the department, constitutes a trade secret shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for hearing. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality as does the department.


Source. 1986, 182:1. 1988, 249:7, 8. 1991, 92:33-35. 1996, 228:106, eff. July 1, 1996.

    146-C:6-a Exemption. 

The provisions of RSA 146-C:3, 4, 5, I and 6 shall not apply to facilities no longer in use on January 1, 1974. The provisions of RSA 146-C:4, 5, I and 6 shall not apply to facilities taken out of use on or after January 1, 1974, and closed according to rules adopted under RSA 146-C:9, II(i).


Source. 1988, 249:9, eff. June 29, 1988.

    146-C:6 Transfer of Ownership. 

Prior to the transfer of ownership of an underground storage facility, the transferor shall notify the transferee of the transferor's compliance with the rules of the department under this chapter. When a transfer of ownership takes place, the new owner shall notify the department of the transfer and shall assume the permit issued to the previous owner.


Source. 1986, 182:1. 1991, 92:36. 1996, 228:106, eff. July 1, 1996.

    146-C:7 New Facilities. 

I. Prior to commencing construction or installation of a new facility or substantial modification of an existing facility, an owner shall submit plans and specifications to the department and obtain written approval of those plans. Such plans shall be approved by an engineer licensed to practice in the state of New Hampshire on forms provided by the department. Within 90 days of submission of completed plans, the department shall send the owner written notice of approval or disapproval. Failure to send a notice shall be deemed to be approval of the plans.

I-a. Any person, except state and local governments, including counties, and school districts, submitting plans and specifications for a new facility shall pay to the department a fee of $100. Such fee shall be for reviewing such plans and specifications and for making inspections during installation. The fees shall be deposited with the state treasurer as unrestricted revenues.

II. An owner shall not cause or allow any construction or other activity which is not in accordance with the approved plans and all terms and conditions of the department's approval of those plans.

III. An owner shall demonstrate financial responsibility pursuant to rules adopted under RSA 146-C:9, VII. Proof of eligibility for financial assistance under RSA 146-D shall satisfy the requirement of demonstration of financial responsibility under this paragraph.


Source. 1986, 182:1. 1988, 249:10. 1990, 3:74. 1991, 92:37. 1996, 228:106, eff. July 1, 1996.

    146-C:8 Prohibition Against Reusing Tanks. 

Tanks which are removed and do not meet the standards for new tanks shall not be reinstalled for the purpose of oil or hazardous substance storage. If a tank meets the standards, it may be reinstalled for oil or hazardous substance storage if after thorough cleaning and inspection, internally and externally, it is found to be structurally sound and free of pinholes, cracks, structural damage, or excessive corrosion. Such tanks shall be reinstalled in accordance with requirements of this chapter. A tank once used for oil or hazardous substance shall not be reused for a food product. If a tank is to be disposed of as junk, it must be retested for oil or hazardous substance vapors, rendered vapor free if necessary, and punched with holes to make it unfit for further use.


Source. 1986, 182:1. 1990, 208:7, eff. June 26, 1990.

    146-C:9-a Orders;  Injunctions. 

I. The department is authorized to issue an administrative order directing any owner or operator or any other person who is strictly liable to cease any activity violating this chapter, to take action necessary to comply with this chapter, and to institute corrective and remedial measures, which shall include the following:

(a) Providing an interim water supply and establishing a permanent alternative water supply system to mitigate damage to the soil, groundwater or surface water.

(b) Removal and abatement of contamination resulting from a discharge from an underground storage facility.

(c) Reimbursement to the state for all costs incurred by the state in responding to a discharge of oil or a hazardous substance from a leaking underground storage facility.

II. Notwithstanding any other provision of this chapter, the department, upon receipt of information that the storage, transmission or dispensing of oil or a hazardous substance at a facility subject to this chapter may present an imminent and substantial hazard to human health or to the environment, may take action as it determines necessary to protect human health or the environment. The action the department may take includes, but is not limited to:

(a) Issuing an order directing the facility owner or operator or any person who is strictly liable under RSA 146-C:11 to take necessary steps to eliminate the hazard. The department may order the permanent or temporary cessation of operations at a facility. Orders of the department issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order in accordance with paragraph III of this section.

(b) Requesting the attorney general to bring an action for injunctive relief, including a mandatory injunction.

III. Appeal of an order issued under this section shall be to the waste management council established in RSA 21-O:9 and in accordance with RSA 21-O:14.


Source. 1988, 249:12. 1990, 208:9. 1991, 92:40, 41. 1996, 228:106, eff. July 1, 1996. 2016, 23:3, eff. Apr. 25, 2016.

    146-C:9 Rulemaking. 

The commissioner shall adopt rules, under RSA 541-A, relative to:

I. Procedures, forms, and information required for registration of underground storage facilities, as authorized by RSA 146-C:3.

II. Procedures, forms, and criteria for issuing and renewing permits, as authorized by RSA 146-C:4. Criteria for permits shall include, but not be limited to:

(a) Minimum standards for repairing an underground steel tank.

(b) Tank replacement schedules.

(c) Tank testing schedules.

(d) Minimum standards for new underground tanks.

(e) Standards for fiberglass, fiberglass clad, and steel tanks.

(f) Standards for leak monitoring at underground storage facilities.

(g) Minimum standards for secondary containment for underground storage facilities.

(h) Minimum standards for piping systems at underground storage facilities.

(i) Procedures for the temporary and permanent closure of underground storage facilities.

(j) Technical and procedural alternatives and exemptions.

III. Requirements for recordkeeping, as authorized by RSA 146-C:5, I.

IV. Procedures for conducting inspections or investigations, as authorized by RSA 146-C:5, II.

V. Procedures, forms, and criteria for approving plans for new underground storage facility construction and installation, as authorized by RSA 146-C:7.

VI. Criteria for determining what constitutes a facility under this chapter including, but not limited to, tank size and capacity.

VI-a. Criteria for determining whether any material is a hazardous substance as defined in this chapter and procedures for such designation.

VII. Criteria for demonstrating financial responsibility for ownership and operation of underground storage facilities.

VIII. Acceptance and distribution of funds from the leaking underground storage tank trust fund established pursuant to 26 U.S.C. section 9508.

IX. [Repealed.]

X. Procedures and criteria for mitigation and prevention of damage due to a discharge from an underground storage facility.

XI. Procedures and criteria for responding to and reporting a discharge from an underground storage facility.

XII. Procedures for conducting tank testing, including qualifications of persons conducting tank testing.

XIII. The exemptions and liability limitations for holders and fiduciaries.


Source. 1986, 182:1. 1988, 249:11. 1990, 3:75; 208:8. 1991, 92:38, 39. 1993, 323:8. 1996, 228:110. 2003, 187:6, II, eff. July 1, 2003.

    146-D:1 Purpose. 

The general court finds that gasoline, gasoline ethers and tertiary butyl alcohol (TBA), diesel fuel, heating oil, motor oil, and used motor oil, comprise a sufficiently distinct class of property which represents a potential serious health and safety problem to the citizens of New Hampshire. In particular, gasoline, gasoline ethers, TBA and diesel fuel present a potential threat to the quality of New Hampshire's groundwater, environment and public health of its citizens, because of the speed with which these products are able to flow into, and contaminate, valuable groundwater supplies. In addition, the cost of cleanup of oil discharges is a significant economic burden for which economic assistance is otherwise not available. The purpose of this chapter is to establish financial responsibility for the cleanup of oil discharges and disposal, and to establish a fund to be used in addressing the costs incurred by the owners of public and private water supplies, oil storage facilities, and potential contamination source properties for the prevention and cleanup of oil discharges, to protect groundwater, and for reimbursement of third party damages.


Source. 2015, 142:9, eff. July 1, 2015.

    146-D:2 Definitions. 

In this chapter:

I. "
Above ground storage facility
" means a location not regulated under RSA 146-C, consisting of a system of storage tanks, pipes, pumps, and appurtenant structures, singly or in any combination, with a total storage capacity less than or equal to 1,100,000 gallons, which is or has been used for the storage of gasoline and blends, diesel fuel and blends, or oil for on-premise-use heating.

II. "
Commissioner
" means the commissioner of the department of environmental services.

III. "
Department
" means the department of environmental services.

IV. "
Motor oil storage facility
" means a location consisting of a system of storage tanks, pipes, pumps, and appurtenant structures which is, or has been, used for the storage of motor oil or used motor oil.

V. "
Oil
" means "oil" as defined in RSA 146-A:2, III.

VI. "
On-premises-use facility
" means a system of storage tanks, pipes, pumps, and appurtenant structures, singly or in any combination, which is or has been used for the storage of fuel oil for on-premise heating.

VII. "
Potential contamination source
" means a "potential contamination source" as defined in RSA 485-C:7, II.

VIII. "
Underground storage facility
" means a location consisting of a system of underground storage tanks, pipes, pumps, vaults, fixed containers and appurtenant structures, singly or in any combination, which are used or designated to be used for the storage, transmission, or dispensing of oil, and which are within the size, capacity and other specifications prescribed by rules adopted by the commissioner pursuant to RSA 146-C:9, VI.


Source. 2015, 142:9, eff. July 1, 2015.

    146-D:3 Fund Established. 

I. There is established a nonlapsing oil discharge and disposal cleanup fund. This fund shall be used, consistent with the provisions of this chapter, to reimburse costs incurred in cleaning up oil discharges in the groundwater and surface waters and soils of the state and in paying third party damages.

II. The fund shall also be used to pay administrative, technical and legal support required by the oil fund disbursement board in administering the fund, including collection of import fees under RSA 146-A:11-b.

III. Moneys in the fund not currently needed to meet the obligations of the board under this chapter shall be deposited with the state treasurer to the credit of said fund and may be invested as provided by law. Interest received on such investment shall also be credited to the fund.


Source. 2015, 142:9, eff. July 1, 2015. 2017, 102:1, eff. Aug. 7, 2017.

    146-D:4 Oil Fund Disbursement Board Established;  Membership. 

I. There is established the oil fund disbursement board, to be composed of the following members:

(a) The commissioner of environmental services, or his designee.

(b) The commissioner of safety, or designee.

(c) Three members representing petroleum dealers, distributors, and refiners, appointed by the governor with the consent of the council.

(d) One member, representing fuel oil dealers, appointed by the governor with the consent of the council.

(e) Two public members, appointed by the governor with the consent of the council.

(f) Two members of the senate, appointed by the president of the senate.

(g) Two members of the house of representatives, appointed by the speaker of the house of representatives.

II. The board members shall serve without compensation, except that all non-legislative members shall be reimbursed for mileage incurred on board business at the state employee mileage rate. The legislative members shall be reimbursed for mileage at the legislative rate. Such reimbursements shall be a charge against the oil discharge and disposal cleanup fund established under RSA 146-D:3, I.

III. Any member of the board having an individual interest, or an interest in another business, which may conflict with an issue under consideration by the board, shall not participate in any deliberations or vote of the board on the issue before the board.

IV. Terms for state agency and legislative members shall be the same as their terms in office. Board members appointed under subparagraphs I(c), I(d) and I(e), shall have 3-year terms. Upon term expiration, each appointed member shall hold office until a successor shall be appointed and qualified. Board members may be reappointed to subsequent terms.


Source. 2015, 142:9, eff. July 1, 2015.

    146-D:5 Board Powers and Duties. 

I. The board shall adopt rules, pursuant to RSA 541-A, relative to:

(a) Organization and procedural rules.

(b) Processing applications for reimbursement from the oil discharge and disposal cleanup fund.

(c) Procedures for verifying reimbursement claims presented under this chapter.

(d) Specifying costs in relation to reimbursements claimed.

(e) Developing eligibility criteria in addition to the requirements of RSA 146-D:6.

II. The board shall submit an annual report of the status of the oil discharge and disposal cleanup fund no later than October 1, to the governor and council, speaker of the house, president of the senate, house environment and agriculture committee and senate environment committee.

III. The board, with approval of the governor and council, may employ legal counsel as necessary to perform its duties in administering the oil discharge and disposal cleanup fund.

IV. The board may request that the attorney general issue subpoenas, examine witnesses, or request any other information on behalf of the board for the purposes of determining eligibility for reimbursement under this chapter.


Source. 2015, 142:9, eff. July 1, 2015.

    146-D:6 Eligible Expenses and Availability of Funds. 

I. The fund shall be available for reimbursement of costs incurred by owners of public and private water supplies due to oil contamination from an unknown source. This may include, but not be limited to, bottled water and interim treatment systems, a proportioned share of the costs of construction of the extension of public water mains and appurtenances, the installation of replacement water supply wells and appurtenances, or the installation of water treatment processes. Operation and maintenance costs or annual user fees for new or upgraded public water supply main extensions or treatment processes shall not be eligible expenses under this paragraph.

II. The fund shall be available for reimbursement of costs for court-ordered damages to third parties or bodily injury or property damage due to oil contamination incurred by owners of oil storage facilities and owners of land where compliant oil storage facilities were located, and for the costs of on-site and off-site cleanup of oil contamination incurred by owners of oil storage facilities, owners of land where compliant oil storage facilities were located, and owners of potential contamination source properties contaminated by gasoline ethers.


[Paragraph III effective until January 1, 2023; see also paragraph III set out below.]



III. Owners of on-premises-use facilities who have demonstrated financial need may apply for reimbursement of costs to meet local and department operating standards in amounts not to exceed a total of $2,250, and may apply for reimbursement of underground storage tank abandonment or removal costs in amounts not to exceed a total of $2,500.


[Paragraph III effective January 1, 2023; see also paragraph III set out above.]



III. Owners of on-premises-use facilities who have demonstrated financial need may apply for reimbursement of costs to meet local and department operating standards in amounts not to exceed a total of $3,300, and may apply for reimbursement of underground storage tank abandonment or removal costs in amounts not to exceed a total of $2,500.

IV. Reimbursement under paragraph II of this section shall be limited as follows:

(a) Owners of oil storage facilities and potential contamination source properties shall demonstrate compliance with department rules and best management practices for facility operation.

(b) Owners of on-premises-use facilities, or owners of land where facilities are or were located, shall be eligible for reimbursement in amounts not to exceed a total of $500,000, incurred on or after October 1, 1992.

(c) Owners of above ground and underground storage facilities or land where facilities were located shall be eligible in amounts not to exceed a total of $1,500,000, incurred on or after July 1, 1988. After the initial $1,500,000 is reimbursed, owners may apply for reimbursement of additional onsite and off-site cleanup costs in amounts not to exceed a total of $500,000.

(d) Owners of motor oil storage facilities or land where facilities were located shall be eligible in amounts not to exceed a total of $500,000, incurred on or after July 1, 1995.

(e) Owners of potential contamination source properties shall be eligible for costs incurred on or after July 1, 2001.

V. (a) To the extent such amount is expended from the fund, or for such lesser amount as is expended, owners of above ground storage facilities, motor oil storage facilities, and underground storage facilities shall be liable to the fund for the following:

(1) The owner of from one to 3 facilities shall be responsible for the initial $5,000 of costs at each facility owned.

(2) The owner of from 4 to 9 facilities shall be responsible for the initial $10,000 of costs at each facility owned.

(3) The owner of from 10 to 19 facilities shall be responsible for the initial $20,000 of costs at each facility owned.

(4) The owner of 20 or more facilities shall be responsible for the initial $30,000 of costs at each facility owned.

(5) The owner of land where compliant facilities were located shall be responsible for the lesser of the initial $5,000 of cleanup costs at each location owned or the balance of the prior facility owner's initial cleanup cost liability at each such location.

(b) This amount shall not be withheld from reimbursement when the reimbursement is disbursed from the fund over to a party other than an owner liable under this paragraph. The board may pursue the owner in an independent legal action, and the owner shall be liable for interest from the date that the disbursement is made and for legal fees and costs incurred by the fund in obtaining and enforcing judgment under this paragraph. All amounts recovered shall be paid into the fund.

VI. Owners of on-premises-use facilities shall be liable to the fund for the initial $500 of cleanup costs at each facility owned. For owners receiving financial assistance under paragraph III, the liability for initial cleanup costs shall be $100.

VII. For owners of above ground storage facilities, motor oil storage facilities, on-premise-use facilities and underground storage facilities, the fund shall be deemed excess insurance over any other valid and collectible insurance for the costs of cleanup and damages to third parties. There shall be no right of recovery against the fund for payments made under other insurance.

VIII. Notwithstanding any provision of this section, the board shall not be liable to any eligible party if sufficient funds are not available to meet the limits established in this section. Reimbursement requests received for which sufficient funds are not available at the time of receipt shall be held pending availability of funds and shall be reviewed in the order in which they were received, in consideration of environmental and human health risks.

IX. All cleanup work plans approved by the department and reimbursement requests approved for payment by the board shall be considered an obligation against any balance in the fund not needed to pay administrative, technical and legal support required by the board, including collection of import fees under RSA 146-A:11-b.

X. Upon payment from the fund for cleanup and corrective action costs or for third party to liability costs pursuant to this chapter, the right of an owner to recover any payment from any third party potentially responsible for such costs shall be assumed by the board to the extent of payment made from the fund. An owner shall not receive multiple compensation for the same injury, and any such compensation shall be repaid to the fund.

XI. Costs of new tanks and associated piping, or repairs to existing tanks and associated piping, for oil storage facilities regulated under RSA 146-A and RSA 146-C shall not be considered eligible costs under this chapter.


Source. 2015, 142:9, eff. July 1, 2015. 2017, 102:2, eff. Aug. 7, 2017. 2022, 188:6, eff. Jan. 1, 2023.

    146-D:7 Penalties. 

I. Any person who violates the provisions of this chapter shall be subject to the lien provisions provided in RSA 260:63 through RSA 260:65-a.

I-a. Where any liability to the fund under RSA 146-D is not paid as prescribed by the oil fund disbursement board, the amount, including interest together with the costs that may accrue in addition thereto, shall become a lien in favor of the board upon all property and rights to property, whether real or personal, in the same manner as that prescribed in RSA 260:63 through RSA 260:65-a, which provisions shall govern the board's imposition and enforcement of the lien created by this section.

II. Any person who misrepresents any material fact or submits any false material statement, information, or certification to the board shall forfeit any right to reimbursement under this chapter.

III. Any person who recklessly or knowingly misrepresents any material fact or who recklessly or knowingly submits any false material statement, information, or certification to the board shall be guilty of a class B felony if a natural person and guilty of a felony if any other person. Notwithstanding RSA 651:2, a person may, in addition to any sentence of imprisonment, probation, or conditional discharge, be fined not more than $25,000 if found guilty of any violation under this paragraph.


Source. 2015, 142:9, eff. July 1, 2015.

    146-D:8 Board Administratively Attached. 

The oil fund disbursement board shall be administratively attached to the department of environmental services pursuant to RSA 21-G:10.


Source. 2015, 142:9, eff. July 1, 2015.

    146:1 Prohibited Acts. 

The following acts and the causing thereof are hereby prohibited:

I. The manufacture, sale, or delivery, holding or offering for sale of any food or drug, device or cosmetic, that is adulterated or misbranded.

II. The adulteration or misbranding of any food or drug, device or cosmetic.

III. The receipt in commerce of any food or drug, device or cosmetic, that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise.

IV. The dissemination of any false advertisement.

V. The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by RSA 146:11.

VI. The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of, the person residing in the state from whom he received in good faith the food or drug, device or cosmetic.

VII. The removal or disposal of a detained or embargoed vehicle in violation of RSA 146:20.

VIII. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food or drug, device or cosmetic, if such act is done while such article is held for sale and results in such article being misbranded.

IX. Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by regulations promulgated under the provisions of this chapter. Provided that nothing in this section shall prevent the manufacture, or the possession by a wholesale dealer, of any article not in violation of the laws of another state, where satisfactory evidence is furnished that such article is manufactured or possessed exclusively for shipment to and consumption within that state.

X. The failure of the manufacturer, packer, or distributor of a prescription drug distributed or offered for sale to maintain for transmittal, or to transmit, to any practitioner licensed by applicable law to administer such drug who makes written request for information as to such drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the federal act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this chapter.

XI. (1) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or (2) Selling, dispensing, disposing of or causing to be sold, dispensed or disposed of or concealing or keeping in possession, control, or custody with intent to sell, dispense or dispose of, any drug, device or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (1) hereof; or (3) Making, selling, disposing of or causing to be made, sold or disposed of or keeping in possession, control or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another of any likeness of any of the foregoing upon any drug, device or container thereof.

XII. [Repealed.]


Source. 1907, 48:1. PL 139:1. 1929, 45:1. RL 164:1. 1951, 25:4. 1953, 51:1. RSA 146:1. 1969, 164:1. 1981, 153:2, I, eff. July 28, 1981.

    146:10 Guaranty to Dealer. 

No dealer shall be convicted of a violation of the provisions of this chapter when he can establish a guaranty signed by a wholesaler, jobber, manufacturer or other party residing in the United States, from whom he received in good faith such articles, to the effect that the same in original or unbroken packages is not adulterated or misbranded within the meaning hereof, unless it shall appear that such dealer knew the same to be in fact adulterated or misbranded within the meaning hereof. The provisions of this section shall not apply in the case of food and drugs, devices and cosmetics, subject to deterioration if the court finds that the adulteration has occurred after delivery to, and has resulted from negligence on the part of, the dealer.


Source. 1907, 48:5. PL 139:10. 1929, 45:6. RL 164:10. 1949, 129:1. 1953, 51:1, eff. Mar. 30, 1953.

    146:11 Enforcement;  Rules;  Inspections. 

I. The department of health and human services is charged with the enforcement of this chapter. The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, necessary for the proper enforcement thereto, including as a part of said rules, when not inconsistent with existing laws, the adoption of such definitions and standards of identity, standards of quality or fill of container as may from time to time be promulgated under the federal food, drug and cosmetic act,
 and may similarly adopt regulations promulgated under the federal meat inspection act.
 The commissioner shall cause inspections to be made of the quality, condition, and branding of foods and drugs, devices, or cosmetics, found on sale, possessed for sale, or in process of manufacture or distribution, and shall collect samples for analysis in its laboratories. The commissioner shall compile a formulary of the 200 most frequently prescribed types of medication of prescription drugs giving both brand and generic names, if any, and cause such formulary to be distributed to all pharmacies and drug stores, physicians, and medical students in the state. All inspectors and other employees appointed by the commissioner shall be permitted access at all reasonable hours to all places of business concerned in the manufacture, production, transportation, distribution, and sale of foods and drugs, devices, or cosmetics; shall have power to open and examine any package or container of any kind containing, or believed to contain, any article of food or drug, devices, or cosmetics, which may be manufactured, distributed, sold, or possessed for sale in violation of the provisions of this chapter; and may take samples therefrom for analysis, tendering to the manufacturer, distributor or vendor the value thereof.

II. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A relative to:

(a) Definitions and standards of identity for determining misbranding of foods under RSA 146:5.

(b) Requirements for labeling and packaging of drugs and devices under RSA 146:6.

(c) Exemptions for small packages under RSA 146:8, II.

(d) Advertisement of drugs and devices under RSA 146:9, II.

(e) Enforcement procedures and administrative fines for violations of rules concerning additives to fresh produce. Such fines shall not exceed $200 for a first violation and shall not exceed $500 for each subsequent offense.

(f) A schedule of administrative fines which may be imposed under RSA 146:18-a for violation of this chapter or the rules adopted pursuant to it.

(g) Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 146:18-a.


Source. 1907, 48:7. PL 139:12. 1929, 45:7. 1941, 80:1. RL 164:12. 1951, 25:6. 1953, 51:1. RSA 146:11. 1973, 373:2. 1983, 291:1, I. 1985, 190:79. 1990, 168:1. 1991, 355:37. 1995, 310:181-183, eff. Nov. 1, 1995.

    146:12 Flour and Bread Enrichment. 

No person shall, within the state, distribute, manufacture, bake, mix or compound for sale, offer for sale, have in possession with intent to sell or sell for human consumption, any flour, white bread or rolls unless the same conforms to the definition and standard of identity then in effect for enriched flour, enriched rolls or enriched buns, fixed and established by order of the commissioner.

I. 
Definitions. When used in this section the following words shall mean as follows:

(a) The term "Flour" includes and shall be limited to the foods defined as flour, white flour, wheat flour, plain flour, bromated flour, self-rising flour, self-rising white flour, self-rising wheat flour, phosphated flour, phosphated white flour and phosphated wheat flour in standards of identity as promulgated by the commissioner, but does not include whole wheat flours or special flours not used for bread, rolls, bun or biscuit baking, such as specialty cake, pancake and pastry flours.

(b) "White bread" means any bread made with flour as defined in (a), whether baked in a pan or on a hearth or screen which is commonly known or usually represented and sold as white bread, including, but not restricted to, Vienna bread, French bread, and Italian bread.

(c) "Rolls" includes plain white rolls and buns of the semi-bread dough type, such as soft rolls, hamburger, hot dog, Parker House, etc., hard rolls, such as Vienna, Kaiser, etc., all made without fillings or icings but shall not include yeast-raised sweet rolls or sweet buns, cinnamon rolls or buns, butterfly rolls, etc.

(d) The term "Enriched" means the addition to flour of the vitamins and other nutritional ingredients necessary to make it conform to the standard of identity of enriched flour or enriched bromated flour, or enriched self-rising flour, as fixed and established by the commissioner.

II. 
Enforcement Rules and Regulations. The department of health and human services is charged with the enforcement of this section. The commissioner may make rules and regulations for the proper enforcement thereof, including as a part of said rules and regulations when not inconsistent with existing laws, the adoption of such definitions and standards of identity as may from time to time be promulgated by federal authorities pursuant to the provisions of any federal act governing such flour and bread.

III. 
Inspections. Said commissioner shall cause inspections to be made and all inspectors and other employees appointed by said commissioner shall be permitted access at all reasonable hours to all places of business concerned in the manufacture, production, transportation, distribution, and sale of flour, white bread or rolls; shall have power to open and examine any package or container of any kind containing, or believed to contain, any such flour, bread or rolls which may be manufactured, distributed, sold or possessed for sale, in violation of the provisions of this section.

IV. 
Publication. All rules and regulations adopted by the commissioner pursuant to this section shall be published at least once in at least one daily newspaper of general circulation, printed and published in this state, and said rules and regulations shall become effective upon such date as the commissioner shall fix.

V. 
Exception. Provided, however, that this section shall not apply to flour sold to distributors, bakers or other processors where such flour is either (1) resold to a distributor, baker or other processor, or (2) used in the manufacture, mixing or compounding of flour, white bread or rolls enriched to meet the requirements of this section, or (3) used in the manufacture of products other than flour, white bread or rolls. It shall be unlawful for any such purchaser to use or resell the flour so purchased in any manner other than prescribed herein.


Source. 1945, 125:1. RSA 146:12. 1955, 151:1. 1983, 291:1, I. 1995, 310:181, 183, eff. Nov. 1, 1995.

    146:13 Maple Products. 

No person shall sell, expose for sale, exchange, barter, deal in or have in his possession with intent to so deal with, any article as and for maple sugar, maple candy or maple syrup unless the same shall be made solely from the sap of the maple tree. Maple syrup is syrup made by the evaporation of maple sap or by the solution of maple concrete (sugar), and contains not more than 35 percent of water and weighs not less than 11 pounds to the gallon (231 cubic inches).


Source. 1905, 118:1. PL 139:15. RL 164:15. 1953, 51:7, eff. Mar. 30, 1953.

    146:14 Vinegar. 

No person shall sell, expose for sale, exchange, barter, deal in or have in his possession with intent so to deal with, any article as and for cider vinegar unless the same shall be vinegar made solely from cider made of apples and shall have acidity equal to the presence of not less than 4 percent, by weight, of absolute acetic acid.


Source. 1905, 118:2. PL 139:16. 1929, 45:9. RL 164:16.

    146:15-a Frozen Desserts. 

I. 
Prohibitions. Any food, regardless of the name by which it is represented, made in semblance of frozen desserts or quiescently frozen confections, or prepared as such foods are customarily prepared or frozen, shall be deemed adulterated or misbranded, unless:

(a) It conforms to the definition and standards of identity for frozen desserts or quiescently frozen confections as established by regulations of the commissioner, and

(b) Its label bears the name of the food specified in the definition and standard, and, insofar as may be required by such regulations, the common names of optional ingredients present in such foods, and

(c) It was manufactured, distributed and sold in conformity to all sanitary requirements as established by regulations of the commissioner, and

(d) It conforms to the bacterial standards as may be established by the commissioner for frozen desserts, quiescently frozen confections or for the ingredients from which these are to be made.

II. 
Regulations. The commissioner may, when not inconsistent with existing law, adopt regulations setting forth definitions and standards of identity for frozen desserts, and shall adopt such regulations as may from time to time be promulgated under federal law. The commissioner may make regulations setting standards of identity for quiescently frozen confections as well as setting bacterial standards for frozen desserts and quiescently frozen confections and for the ingredients from which they are to be made. The commissioner may make regulations governing the sanitary requirements relative to the manufacture, distribution and sale of all such food products.


Source. 1907, 72:1. PL 139:17. 1927, 7:1. 1939, 61:1. RL 164:17. 1949, 101:1. 1953, 138:1. RSA 146:15. 1961, 83:1. 1995, 310:183, eff. Nov. 1, 1995.

    146:15 Repealed by 1961, 83:2, eff. July 1, 1961. 

    146:16 Veal. 

No person shall kill, or cause to be killed, for the purpose of sale, a calf less than 4 weeks old and of a net dressed weight of less than 40 pounds not including the head and feet, or shall knowingly sell, or have in possession with intent to sell for food, the meat of any such calf.


Source. 1885, 38:1. PS 269:11. 1919, 25:1. PL 139:19. 1929, 45:11. RL 164:18.

    146:17 Prosecutions. 

It shall be the duty of the commissioner of the department of health and human services through his authorized agent whenever he has satisfactory evidence of the violation of this chapter, to prosecute the same, or to make complaint to a prosecuting officer; provided, that where the violation was not wilful the institution of a prosecution shall be at the discretion of said commissioner.


Source. 1907, 48:8. 1909, 111:1. PL 139:13. RL 164:13. RSA 146:17. 1995, 310:182, 183, eff. Nov. 1, 1995.

    146:18-a Administrative Fines. 

The commissioner of the department of health and human services, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter, except for those provisions relating to additives to fresh produce. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules, in accordance with RSA 541-A, relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund.


Source. 1991, 355:38. 1995, 310:182, 183, eff. Nov. 1, 1995.

    146:18 Penalty. 

Whoever violates any provision of RSA 146, for a first offense, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person; upon a second or subsequent conviction shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.


Source. 1907, 48:9. 1909, 111:2. PL 139:14. 1929, 45:8. RL 164:14. RSA 146:18. 1973, 528:55, eff. Oct. 31, 1973 at 11:59 p.m.

    146:19 Forfeitures. 

Any articles adulterated or misbranded within the meaning of this chapter may be forfeited.


Source. GL 271:2, 3, 5. PS 269:12. PL 139:20. 1929, 45:12. RL 164:19.

    146:2 Terms Defined. 

As used in this chapter the following words shall have the following meanings:

I. The term "food" means (1) articles used for food or drink for man or other animals, (2) chewing gum, and (3) articles used for components of any such article.

II. The term "drug" means (1) articles recognized in the official United States Pharmacopoeia, or official National Formulary, or any supplement to any of them; and (2) articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in man or other animals; and (3) articles (other than food) intended to affect the structure or any function of the body of man or other animals; and (4) articles intended for use as a component of any articles specified in clause (1), (2) or (3); but does not include devices or their components, parts, or accessories.

III. The term "label" means a display of written, printed or graphic matter upon the immediate container of any article; and a requirement made by or under authority of this chapter that any word, statement, or other information appear on the label shall not be considered to be complied with unless such word, statement, or other information also appears on the outside container or wrapper, if any there be, of the retail package of such article, or is easily legible through the outside container or wrapper. The term "immediate container" does not include package liners.

IV. The term "labeling" means all labels and other written, printed, or graphic matter (1) upon an article or any of its containers or wrappers, or (2) accompanying such article.

V. The term "commissioner" means the commissioner of the department of health and human services.

VI. If an article is alleged to be misbranded because the labeling is misleading, or if an advertisement is alleged to be false because it is misleading, when in determining whether the labeling or advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or in any combination thereof, but also the extent to which the labeling or advertisement fails to reveal facts material in the light of such representations or material with respect to consequences which may result from the use of the article to which the labeling or advertisement relates under the conditions of use prescribed in the labeling or advertisement thereof or under such conditions of use as are customary or usual.

VII. The representation of a drug, in its labeling or advertisement, as an antiseptic shall be considered to be a representation that it is a germicide, except in the case of a drug purporting to be, or represented as, an antiseptic for inhibitory use as a wet dressing, ointment, dusting powder, or such other use as involves prolonged contact with the body.

VIII. The term "contaminated with filth" applies to any food, drug, device, or cosmetic not securely protected from dust, dirt, and as far as may be necessary by all reasonable means, from all foreign or injurious contaminations.

IX. The provisions of this chapter regarding the selling of foods or drugs, devices and cosmetics, shall be considered to include the manufacture, production, processing, packing, exposure, offer, possession, and holding of any such article for sale; and the sale, dispensing, and giving of any such article; and the supplying or applying of any such articles in the conduct of any food or drug establishment.

X. The term "federal act" means the Federal Food, Drug and Cosmetic Act (Title 21 U.S.C. 301 et seq.; 52 Stat. 1040 et seq.).

XI. The term "device" (except when used in paragraph VI of this section and in RSA 146:1(VI), 5(VI), 6(III) and 8(III)) means instrument, apparatus and contrivances, including their components, parts and accessories, intended (1) for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or other animals; or (2) to affect the structure or any function of the body of man or other animals.

XII. The term "cosmetic" means (1) articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleaning, beautifying, promoting attractiveness, or altering the appearance, and (2) articles intended for use as a component of any such articles, except that such term shall not include soap.

XIII. The term "official compendium" means the official United States Pharmacopoeia, official National Formulary, or any supplement of any of them.

XIV. The term "advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of food, drugs, devices or cosmetics.

XV. The term "pesticide chemical" means any substance which, alone, in chemical combination, or in formulation with one or more other substances is an economic poison within the meaning of RSA 430:28 et seq. as now enacted or hereafter amended, and which is used in the production, storage, or transportation of raw agricultural commodities.

XVI. The term "raw agricultural commodity" means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing.

XVII. The term "food additive" means any substance, the intended use of which results or may be reasonably expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food (including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting, or holding food; and including any source of radiation intended for any such use), if such substance is not generally recognized among experts qualified by scientific training and experience to evaluate its safety, as having been adequately shown through scientific procedures (or, in the case of a substance used in foods prior to January 1, 1958 through either scientific procedures or experience based on common use of food) to be safe under the conditions of its intended use; except that such term does not include: (1) a pesticide chemical in or on a raw agricultural commodity; or (2) a pesticide chemical to the extent that it is intended for use or is used in the production, storage, or transportation of any raw agricultural commodity; or (3) a color additive; or (4) any substance used in accordance with a sanction or approval granted prior to the enactment of the Food Additives Amendment of 1958,
 pursuant to the Federal Act; The Poultry Products Inspection Act (21 U.S.C. 451 and the following) or the Meat Inspection Act of March 4, 1907 (34 Stat. 1260), as amended and extended (21 U.S.C. Section 601 and the following).

XVIII. (1) The term "color additive" means a material which-(a) is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity from a vegetable, animal, mineral or other source, and (b) when added or applied to a food, drug, or cosmetic, or to the human body or any part thereof, is capable (alone or through reaction with other substance) of imparting color thereto; except that such term does not include any material which has been or hereafter is exempted under the federal act.

(2) The term "color" includes black, white and intermediate grays.

(3) Nothing in (1) above shall be construed to apply to any pesticide chemical, soil or plant nutrient, or other agricultural chemical solely because of its effect in adding, retarding, or otherwise affecting, directly or indirectly, the growth or other natural physiological processes of produce of the soil and thereby affecting its color, whether before or after harvest.


Source. 1907, 48:2. PL 139:2. 1929, 45:2. 1933, 148:1. RL 164:2. 1947, 61:1. 1953, 51:1-3; 156:1, 2. RSA 146:2. 1963, 193:1. 1969, 164:2. 1995, 310:182, 183, eff. Nov. 1, 1995.

    146:20 Authority to Embargo and Condemn. 

I. Whenever a duly authorized agent of the department of health and human services finds or has probable cause to believe that any food, drug, device or cosmetic is adulterated, or so misbranded as to be dangerous or fraudulent, within the meaning of this chapter, he shall affix to such article a tag or other appropriate marking, giving notice that such article is, or is suspected of being, adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of such article by sale or otherwise until permission for removal or disposal is given by such agent or the court. It shall be unlawful for any person to remove or dispose of such detained or embargoed article by sale or otherwise without such permission.

II. When an article detained or embargoed under paragraph I has been found by such agent to be adulterated, or misbranded, he shall petition the courts in whose jurisdiction the article is detained or embargoed for a libel for condemnation of such article. When such agent has found that an article so detained or embargoed is not adulterated or misbranded, he shall remove the tag or other marking.

III. If the court finds that a detained or embargoed article is adulterated or misbranded, such article shall, after entry of the decree, be destroyed at the expense of the claimant thereof, under the supervision of such agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of such article or his agent: provided, that when the adulteration or misbranding can be corrected by proper labeling, or processing of the article, the court, after entry of the decree and after such costs, fees, and expenses have been paid and a good and sufficient bond, conditioned that such article shall be so labeled or processed, has been executed, may by order direct that such article be delivered to the claimant thereof for such labeling or processing under the supervision of an agent of the department of health and human services. The expense of such supervision shall be paid by the claimant. Such bond shall be returned to the claimant of the article on representation to the court by the commissioner that the article is no longer in violation of this chapter, and that the expenses of such supervision have been paid.

IV. Whenever the department of health and human services or any of its authorized agents shall find in any vehicle, room, building, or other structure, any meat, seafood, poultry, vegetable, fruit or other perishable articles which are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the same being hereby declared to be a nuisance, the commissioner, or his authorized agent, shall forthwith condemn and destroy the same.


Source. 1951, 25:7. 1953, 51:1. RSA 146:20. 1983, 291:1, I. 1995, 310:181, 183, eff. Nov. 1, 1995.

    146:21 Additives. 

I. Any added poisonous or deleterious substance, any food additive, any pesticide chemical in or on a raw agricultural commodity, or any color additive, shall with respect to any particular use or intended use be deemed unsafe for the purpose of application of RSA 146:3, I with respect to any food, or RSA 146:4, I with respect to any drug or device, or RSA 146:7, I with respect to any cosmetic, unless there is in effect either (1) a regulation issued pursuant to the federal act permitting such use, or (2) a regulation issued pursuant to paragraph II of this section limiting the quantity of such substance, and the use or intended use of such substance conforms to the terms prescribed by such regulation. While either such regulation relating to such substance is in effect, a food, drug or cosmetic shall not, by reason of bearing or containing such substance in accordance with the regulation, be considered adulterated within the meaning of paragraphs I of RSA 146:3, 4, 7.

II. On and after July 1, 1963, the regulations promulgated under the federal act, prescribing therein tolerances and exemptions from tolerances or conditions of use for any of the foregoing substances are hereby adopted as the regulations applicable to this chapter. Provided, that whenever public health or other considerations in the state so require, the commissioner of health and human services is authorized to adopt, amend, or repeal regulations whether or not in accordance with regulations promulgated under the federal act prescribing therein tolerances and exemptions from tolerances or conditions of use for such substances.


Source. 1963, 193:2. 1983, 291:1, I, eff. July 1, 1985.

    146:3 Adulterations, Foods. 

For the purposes of this chapter an article of food shall be deemed to be adulterated:

I. (1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance such food shall not be considered adulterated under this clause if the quantity of such substance in such food does not ordinarily render it injurious to health; or (2) if it bears or contains any added poisonous or added deleterious substance other than one which is a pesticide chemical in or on a raw agricultural commodity; a food additive; or a color additive, which is unsafe within the meaning of RSA 146:21; or if it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of RSA 146:21 or if it is or it bears or contains any food additive which is unsafe within the meaning of RSA 146:21; provided that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or tolerance prescribed under RSA 146:21, and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed food shall, notwithstanding the provisions of RSA 146:21, not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice, and the concentration of such residue in the processed food when ready-to-eat is not greater than the tolerance prescribed for the raw agricultural commodity; or (3) if it consists in whole or in part of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; or (4) if it has been produced, prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome, or injurious to health; or (5) if it is the product of a diseased animal or an animal which has died otherwise than by slaughter or that has been fed upon the uncooked offal from a slaughterhouse; or (6) if its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health; or (7) if it is or bears or contains any color additive which is unsafe within the meaning of RSA 146:21.

II. (1) If any valuable constituent has been in whole or in part omitted or abstracted therefrom; or (2) if any substance has been substituted wholly or in part therefor; or (3) if damage or inferiority has been concealed in any manner; or (4) if any substance has been added thereto or mixed or packed therewith so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is.

III. If it falls below the standard of purity, quality, or strength which it purports or is represented to possess.

IV. If it is confectionery and it bears or contains any alcohol or non-nutritive article or substance except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of 
4/10 of one percent, harmless natural wax not in excess of 
4/10 of one percent, harmless natural gum, and pectin; provided that this paragraph shall not apply to any confectionery by reason of its containing less than 
1/2 of one percent by volume of alcohol derived solely from use of flavoring extracts, or to any chewing gum by reason of its containing harmless non-nutritive masticatory substances.

V. [Repealed.]

VI. Any poisonous or deleterious substance added to any food except where such substance is required in the production thereof or cannot be avoided by good manufacturing practice, shall be deemed to be unsafe for purposes of the application of RSA 146:3, I(2); but when such substance is so required or cannot be so avoided, the commissioner shall promulgate regulations limiting the quantity therein or thereon to such extent as the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall also be deemed to be unsafe for purposes of application of RSA 146:3, I(2). While such a regulation is in effect limiting the quantity of any such substance in the case of any food, such food shall not, by reason of bearing or containing any added amount of such substance, be considered to be adulterated within the meaning of RSA 146:3, I(1). In determining the quantity of such added substance to be tolerated in or on different articles of food, the commissioner shall take into account the extent to which the use of such substance is required or cannot be avoided in the production of each such article and the other ways in which the consumer may be affected by the same or other poisonous or deleterious substances.


Source. 1907, 48:3. PL 139:3. 1929, 45:3, 4, 5. RL 164:3. 1943, 60:1. 1947, 61:2. RSA 146:3. 1963, 193:3, 9. 1969, 164:3. 1995, 310:183, eff. Nov. 1, 1995.

    146:4 Adulterated Drugs, Devices. 

A drug or device shall be deemed to be adulterated in the following cases:

I. (1) If it consists in whole or in part of any filthy, putrid, or decomposed substances; or (2) if it has been produced, prepared, packed or held under insanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; or (3) if it is a drug and its container is composed, in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health; or (4) if (a) it is a drug and it bears or contains for purposes of coloring only, a color additive which is unsafe within the meaning of RSA 146:21; or (b) it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, and it is unsafe within the meaning of RSA 146:21.

II. If it purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in such compendium. Such determination as to strength, quality, or purity shall be made in accordance with the tests or methods of assay set forth in such compendium, or in the absence of or inadequacy of such tests or methods of assay, those prescribed under authority of the federal act. No drug defined in an official compendium shall be deemed to be adulterated under this paragraph because it differs from the standard of strength, quality, or purity therefor set forth in such compendium, if its difference in strength, quality, or purity from such standard is plainly stated on the label.

III. If it is not subject to the provisions of paragraph II of this section and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess.

IV. If it is a drug and any substance has been (1) mixed or packed therewith so as to reduce its quality or strength; or (2) substituted wholly or in part therefor.

V. If it is a drug and the methods used in, or the facilities or controls used for, its manufacture, processing, packing, or holding do not conform to or are not operated or administered in conformity with good manufacturing practice to assure that such drug meets the requirements of this chapter as to safety and has the identity and strength, and meets the quality and purity characteristics, which it purports or is represented to possess.


Source. 1907, 48:3. PL 139:5. RL 164:5. 1953, 51:4. RSA 146:4. 1963, 193:5. 1969, 164:4, eff. July 21, 1969.

    146:5 Foods Misbranded. 

Foods shall be deemed to be misbranded in the following cases:

I. If its labeling is false or misleading in any particular.

II. If it is offered for sale under the name of another article.

III. If it is an imitation of another food for which a definition and standard of identity has been prescribed by regulations as provided by RSA 146:11, or if it is an imitation of another food that is not subject to paragraph VII of this section, unless its label bears in type of uniform size and prominence, the word, imitation, and, immediately thereafter, the name of the food imitated.

IV. If its container is so made, formed, or filled as to be misleading.

V. If in package form, unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner.

VI. If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

VII. If it purports to be or is represented as a food for which a definition and standard of identity has been prescribed by regulations as provided by RSA 146:11, unless (1) it conforms to such definition and standard, and (2) its label bears the name of the food specified in the definition and standard, and, insofar as may be required by such regulations, the common names of optional ingredients (other than spices, flavoring, and coloring) present in such food.

VIII. If it purports to be or is represented as (1) a food for which a standard of quality has been prescribed by regulations as provided by RSA 146:11, and its quality falls below such standard, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; or (2) a food for which a standard or standards of fill of container have been prescribed by regulation as provided by RSA 146:11 and it falls below the standard of fill container applicable thereto, unless its label bears, in such manner and form as such regulations specify, a statement that it falls below such standard; (3) a food for which no definition and standard of identity and no standard of quality have been prescribed by regulations as provided by RSA 146:11 and it falls below the standard of purity, quality or strength which it purports or is represented to possess.

IX. If it is not subject to the provisions of paragraph VII of this section, unless it bears labeling clearly giving (1) the common or usual name of the food, if any there be, and (2) in case it is fabricated from 2 or more ingredients, the common or usual name of each such ingredient; except that spices, flavorings, and colorings, other than those sold as such, may be designated as spices, flavorings, and colorings, without naming each; provided that, to the extent that compliance with the requirements of clause (2) of this paragraph is impractical or results in deception or unfair competition, exemptions shall be established by regulations promulgated by the commissioner.

X. If it purports to be or is represented for special dietary uses, unless its label bears such information concerning its vitamin, mineral, and other dietary properties as the commissioner determines to be, and by regulations prescribes as, necessary in order to fully inform purchasers as to its value for such uses.

XI. If it bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact; provided that to the extent that compliance with the requirements of this paragraph is impracticable, exemptions shall be established by regulations promulgated by the commissioner.

XII. If it is a color additive unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act.


Source. 1907, 48:4. 1913, 193:1. PL 139:7. RL 164:7. 1947, 61:4. RSA 146:5. 1963, 193:4. 1969, 164:5, 6. 1995, 310:183, eff. Nov. 1, 1995.

    146:6-a Repealed by 1981, 153:2, II, eff. July 28, 1981. 

    146:6-b Repealed by 1981, 153:2, III, eff. July 28, 1981. 

    146:6 Drugs, Devices, Misbranding. 

A drug or device shall be deemed to be misbranded in the following cases:

I. If its labeling is false or misleading in any particular.

II. If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that under clause (2) of this paragraph reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner.

III. If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

IV. If it is for use by man and contains any quantity of the narcotic or hypnotic substance alpha-eucaine, barbituric acid, beta-eucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marihuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of such substance, which derivative has been by the commissioner after investigation found to be, and by regulation designated as, habit-forming, unless its label bears the name and quantity or proportion of such substance or derivative and in juxtaposition therewith the statement "Warning - May Be Habit Forming."

V. (1) If it is a drug, unless its label bears, to the exclusion of any other non-proprietary name, except the applicable systematic chemical name or the chemical formula, the established name (as defined in subparagraph (2)) of the drug, if such there be; and in case it is fabricated from 2 or more ingredients, the established name and quantity of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the established name and quantity or proportions of any bromide, ether, chloroform, acetanilid, acetphenetidin, amidopyrine, hyposcine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any such substances, contained therein; provided that, the requirements for stating the quantity of the active ingredients, other than those specifically named in this paragraph, shall apply only to prescription drugs; provided further, that to the extent that compliance with this subparagraph is impracticable, exemption shall be allowed under regulations promulgated by the commissioner, or under the federal act. (2) As used in this paragraph the term "established name," with respect to a drug or ingredient thereof, means the applicable official name designated pursuant to section 508
 of the federal act, or if there is no such name and such drug, or such ingredient, is an article recognized in an official compendium, then the official title thereof in such compendium or then the common or usual name, if any, of such drug or of such ingredient.

VI. Unless its labeling bears (1) adequate directions for use; and (2) such adequate warnings against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in such manner and form as are necessary for the protection of users: provided, that where any requirement of clause (1) of this paragraph, as applied to any drug or device, is not necessary for the protection of the public health, the commissioner shall promulgate regulations exempting such drug or device from such requirements.

VII. If it purports to be a drug the name of which is recognized in an official compendium, unless it is packaged and labeled as prescribed therein: provided, that the method of packing may be modified with the consent of the commissioner.

VIII. If it has been found by the commissioner to be drug liable to deterioration, unless it is packaged in such form and manner, and its label bears a statement of such precautions, as the commissioner shall by regulations require as necessary for the protection of public health. No such regulation shall be established for any drug recognized in an official compendium until the commissioner shall have informed the appropriate body charged with the revision of such compendium of the need for such packaging or labeling requirements and such body shall have failed within a reasonable time to prescribe such requirements.

IX. If it is a drug and its container is so made, formed, or filled as to be misleading; or if it is an imitation of another drug; or if it is offered for sale under the name of another drug.

X. If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended, or suggested in the labeling thereof.

XI. (1) A drug intended for use by man which is a habit-forming drug to which paragraph IV applies; or because of its toxicity or other potentiality for harmful effect, or the method of its use, or the collateral measures necessary to its use, it is not safe for use except under the supervision of a practitioner licensed by law to administer such drug; or is limited by an approved application under section 505
 of the federal act to use under the professional supervision of a practitioner licensed by law to administer such drug, shall be dispensed only upon a written prescription of a practitioner licensed by law to administer such drug, or upon an oral prescription of such practitioner which is reduced promptly to writing and filed by the pharmacist. The act of dispensing a drug contrary to the provisions of this paragraph shall be deemed to be an act which results in a drug being misbranded while held for sale. (2) Any drug dispensed by filling or refilling a written or oral prescription of a practitioner licensed by law to administer such drug shall be exempt from the requirements of paragraphs I, IX, XIII, and XIV of this section and the packaging requirements of paragraphs VII and VIII, if the drug bears a label containing the name and address of the dispenser, the serial number and date of the prescription or of its filling, the name of the prescriber and, if stated in the prescription, the name of the patient, and the directions for use and the cautionary statements, if any, contained in such prescription. This exemption shall not apply to any drug dispensed in the course of the conduct of business of dispensing of drugs pursuant to diagnosis by mail, or to a drug dispensed in violation of subparagraph (1) of this paragraph.

XII. (1) A drug which is subject to paragraph XI(1) of this section shall be deemed to be misbranded if at any time prior to dispensing, its label fails to bear the statement "Caution: Federal Law Prohibits Dispensing Without Prescription", or "Caution: State Law Prohibits Dispensing Without Prescription". A drug to which paragraph XI(1) of this section does not apply shall be deemed to be misbranded if at any time prior to dispensing its label bears the caution statement quoted in the preceding sentence. (2) The commissioner may, by regulation, remove drugs subject to paragraph IV from the requirements of paragraph XI(1) of this section when such requirements are not necessary for the protection of the public health. Drugs removed from the prescription requirements of the federal act by regulations issued thereunder may also, by regulations issued by the commissioner, be removed from the requirements of paragraph XI(1). (3) Nothing in this section shall be construed to relieve any person from any requirements prescribed by or under authority of RSA 318-A.

XIII. If it is a color additive, the intended use of which in or on drugs is for the purpose of coloring only, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additives prescribed under the provisions of the federal act.

XIV. If it is, or purports to be, or is represented as a drug composed wholly or partly of insulin, unless it is a batch with respect to which a certificate or release has been issued pursuant to section 506
 of the federal act, and such certificate or release is in effect with respect to such drug.

XV. If it is, or purports to be, or is represented as a drug composed wholly or partly of any kind of penicillin, streptomycin, chlortetracycline, chloramphenicol, or bacitracin, or any other antibiotic drug, or any derivative thereof, unless it is from a batch with respect to which a certificate or release has been issued pursuant to section 507
 of the federal act, and such certificate or release is in effect with the respect to such drug: provided, that this paragraph shall not apply to any drug or class of drugs exempted by regulations promulgated under section 507(c) or (d) of the federal act. For the purpose of this paragraph the term "antibiotic drug" means any drug intended for use by man containing any quantity of any chemical substance which is produced by a microorganism and which has the capacity to inhibit or destroy microorganism in dilute solution (including the chemically synthesized equivalent of any such substance).


Source. 1907, 48:4. 1915, 62:1. PL 139:9. 1933, 148:2, 3. RL 164:9. 1953, 51:5. RSA 146:6. 1963, 193:6; 276:2. 1965, 78:1. 1969, 164:7-9. 1995, 310:183, eff. Nov. 1, 1995.

    146:7 Cosmetics Adulterated. 

A cosmetic shall be deemed to be adulterated in the following cases:

I. If it bears or contains any poisonous or deleterious substance which may render it injurious to users under the conditions of use prescribed in the labeling or advertisement thereof, or under such conditions of use as are customary or usual: provided, that this provision shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed thereon: "Caution-This product contains ingredients which may cause skin irritation on certain individuals and a preliminary test according to accompanying directions should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness," and the labeling of which bears adequate directions for such preliminary testing. For the purposes of this paragraph and paragraph V the term "hair dye" shall not include eyelash dyes or eyebrow dyes.

II. If it consists in whole or in part of any filthy, putrid, or decomposed substance.

III. If it has been produced, prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health.

IV. If its container is composed, in whole or in part, of any poisonous or deleterious substance which may render the contents injurious to health.

V. If it is not a hair dye or it is, or it bears or contains, a color additive which is unsafe within the meaning of RSA 146:21.


Source. 1953, 51:8, par. 9-a. RSA 146:7. 1963, 193:7, eff. July 1, 1963.

    146:8 Cosmetics Misbranded. 

A cosmetic shall be deemed to be misbranded in the following cases:

I. If its label is false or misleading in any particular.

II. If in package form unless it bears a label containing (1) the name and place of business of the manufacturer, packer, or distributor; and (2) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count: provided, that under clause (2) of this paragraph reasonable variations shall be permitted and exemptions as to small packages shall be established by rules adopted by the commissioner.

III. If any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices, in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

IV. If its container is so made, formed, or filled as to be misleading.

V. If it is a color additive, unless its packaging and labeling are in conformity with such packaging and labeling requirements applicable to such color additive prescribed under the provisions of the federal act. This paragraph shall not apply to packages of color additives which, with respect to their use for cosmetics, are marketed and intended for use only in or on hair dyes, as defined in the last sentence of RSA 146:7, I.


Source. 1953, 51:8, par. 9-b. RSA 146:8. 1963, 193:8. 1985, 190:78. 1995, 310:183, eff. Nov. 1, 1995.

    146:9 False Advertisement. 

I. An advertisement of food, drug, device or cosmetic shall be deemed to be false, if it shall be false or misleading in any particular. Any statement either directly or indirectly implying that the product is recommended or endorsed by any agency of the federal or state government shall be considered misleading, unless the agency concerned has approved the statement prior to its use.

II. The advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, chloecystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis (infantile paralysis), prostate gland disorders, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia or venereal disease, shall also be deemed to be false; except that no advertisement not in violation of paragraph I of this section shall be deemed to be false under this section if it shall be disseminated only to members of the medical, dental or veterinary profession, or shall appear only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of such drugs or devices; provided, whenever the commissioner shall agree that an advance in medical science has made any type of self-medication safe as to any of the diseases named above, the commissioner shall, by regulation, authorize the advertisement of drugs having curative or therapeutic effect for such disease, subject to such conditions and restrictions as the commissioner may deem necessary in the interests of public health; provided, this section shall not be construed as indicating that self-medication for disease other than those named herein is safe or efficacious.


Source. 1953, 51:8, par. 9-c. RSA 146:9. 1995, 310:183, eff. Nov. 1, 1995.

    147-A:1 Repealed by 1986, 202:29, V, eff. Jan. 2, 1987. 

    147-A:10 Confiscation of Property. 

I. Any property of a generator, owner, operator, or transporter including, but not limited to, vehicles, containers, documents and wastes, used in connection with the disposal, storage, treatment, or transportation of hazardous waste in violation of RSA 147-A or RSA 106-A:17-RSA 106-A:19
 may be seized by the state. The property shall be stored as directed by the court so that the property may be used as evidence in a trial relating to the violation.

II. Within 14 days of seizure of any property, the attorney general shall file a libel in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue a summons requiring the state to send by certified mail a copy of the libel to the owner of the property and other persons appearing to have an interest in the property.

III. The superior court shall promptly hold a hearing which shall be conducted as a civil in rem action without a jury and shall order forfeiture of the property if the state establishes by a preponderance of the evidence that the owner knew or should have known that the property was used in the illegal treatment, transportation, storage or disposal of hazardous waste.

IV. The court may order the sale of the confiscated property or any other disposition, in the court's discretion as justice may require. After deducting the storage expenses, the proceeds from the sale of the confiscated property shall be transferred to the New Hampshire hazardous waste cleanup fund established under RSA 147-B.


Source. 1981, 413:2. 1994, 199:13, eff. July 23, 1994. 2014, 204:7, eff. July 11, 2014.

    147-A:11 Duty to Report. 

I. Any generator, owner, operator, transporter, or employee of a hazardous waste facility who becomes aware of any storage, treatment, or disposal of hazardous waste in violation of this chapter shall immediately report the violation to the department.

II. Any person who fails to give notice as required by RSA 147-A:11, I, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

III. Each day of a continuing violation shall constitute a separate offense.


Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1994, 199:14. 1996, 228:107, eff. July 1, 1996.

    147-A:12 Discrimination Prohibited. 

I. No employer shall discharge or discriminate against an employee because the employee has reported a violation of this chapter to the department as required by RSA 147-A:11, I.

II. Any employee who has been discharged or discriminated against in violation of RSA 147-A:12, I, may bring an action against the employer in the superior court for injunctive relief, and for compensatory and exemplary damages.

III. Reasonable attorney's fees shall be awarded to any employee who prevails in an action against his employer brought under RSA 147-A:12.


Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.

    147-A:13-a Hazardous Waste Sites. 

I. If a hazardous waste site is discovered which poses an imminent threat to the public health, safety, and welfare, the commissioner of environmental services may, after court authorization or order, make application to the governor for funds to clean up such wastes under the authority of RSA 9:13-d.

II. Authorization for expenditures for such purpose shall be as prescribed in RSA 9:13-d.

III. The attorney general shall institute legal proceedings to obtain reimbursement for any moneys so expended by the state under this section.


Source. 1986, 198:22, eff. Aug. 2, 1986.

    147-A:13 Imminent Hazard. 

Notwithstanding any other provision of this chapter, the department, upon receipt of information that the generation, storage, treatment, transportation, or disposal of any waste may present an imminent and substantial hazard to human health or to the environment, may take action as it determines to be necessary to protect human health or the environment. The action the department may take includes, but is not limited to:

I. Issuing an order directing the owner or operator of a hazardous waste facility or the custodian of waste constituting a hazard to take necessary steps to eliminate the hazard. The department may order the permanent or temporary cessation of operations at a facility. Orders of the department issued under this section shall be effective immediately. Any person to whom an order is directed shall immediately comply, but may appeal the order to the waste management council in accordance with the provisions of this chapter.

II. Contracting for and supervising the cleanup of a hazardous waste spill which the department determines is an imminent hazard, except as provided in RSA 154:7. The department may take action as necessary to prevent damage to human health or the environment; or

III. Requesting the attorney general to bring an action for injunctive relief, including a mandatory injunction.


Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1989, 341:5. 1994, 199:15. 1996, 228:107. 1999, 52:5, eff. July 20, 1999.

    147-A:14-a Recording of Orders. 

Any order issued by the department pursuant to this chapter may be recorded in the registry of deeds for the country in which the subject facility is situated. A recorded order shall run with the land, provided that an appropriate description of the land involved including the accurate name of the owner thereof shall be included in the order. No fee shall be charged for recording an order; however, a fee may be charged for discharging an order.


Source. 1983, 137:9. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.

    147-A:14 Enforcement. 

The department may:

I. Issue an order to any person in violation of this chapter, a permit issued under this chapter, or a rule adopted under this chapter to comply with this chapter, the permit, or the rule, and require such remedial measures as may be necessary; or

II. Request the attorney general to bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of this chapter or any permit, rule, or order issued pursuant to this chapter.


Source. 1981, 413:2. 1983, 137:8; 227:3. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.

    147-A:15 Appeals. 

I. Any person aggrieved by an action of the department may appeal to the waste management council established under RSA 21-O:9 for review of:

(a) A decision of the department to grant, deny, modify, suspend or revoke an operator or transporter permit; or

(b) An order issued by the department relative to this chapter.

II. The waste management council may affirm, deny or modify the decision or order of the department. The council shall conduct its appeals in accordance with rules adopted under RSA 21-O:14.

III. Rehearings and appeals from a decision of the council shall be in accordance with RSA 541.


Source. 1981, 413:2. 1983, 227:3; 291:1, I. 1986, 202:6, I(e). 1989, 341:6. 1996, 228:107, eff. July 1, 1996.

    147-A:16-a Knowing Endangerment;  Penalties. 

I. Any person who treats, stores, transports, causes to be transported, disposes of or otherwise handles any hazardous waste in knowing violation of any material condition or requirement of such permit or in knowing violation of any material condition or requirement of any applicable regulations or standards and any person who knowingly:

(a) Transports or causes to be transported any hazardous waste to an unpermitted facility;

(b) Treats, stores or disposes of any hazardous waste without a permit;

(c) Omits material information or makes any false material statement or representation in any application, label, manifest, records, report, permit or other document filed, maintained or used for purposes of compliance with regulations promulgated by the department;

(d) Generates, stores, treats, transports, disposes of, exports or otherwise handles any hazardous waste and who knowingly destroys, alters, conceals or fails to file any record, application, manifest, report or other document required to be maintained or filed for purposes of compliance with regulations promulgated by the department;

(e) Transports or causes to be transported any hazardous waste without a manifest; or

(f) Exports a hazardous waste:

(1) without the consent of the receiving country, or

(2) where there exists an international agreement between the United States and the government of the receiving country establishing notice, export and enforcement procedures for the transportation, treatment, storage and disposal of hazardous wastes, in a manner which is not in conformance with such agreement and who knew at the time that another person would thereby be placed in imminent danger of death or serious bodily injury shall be guilty of knowing endangerment.

II. A natural person found guilty of knowing endangerment shall be guilty of a class A felony and, notwithstanding the provisions of RSA 651:2, may be fined not more than $250,000 in addition to any sentence of imprisonment, probation or conditional discharge. Any other person found guilty of knowing endangerment shall be guilty of a felony and subject to a fine of not more than $1,000,000.

III. In this section, "hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical or infectious characteristics may:

(1) cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged; or

(b) Which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954,
 as amended.


Source. 1993, 159:3. 1996, 228:106, 107, eff. July 1, 1996.

    147-A:16-b Special Rules Relative to Knowing Endangerment. 

I. In determining whether a natural person knew that his or her conduct placed another in imminent danger of death or serious bodily injury, knowledge possessed by another may not be attributed to that person. Circumstantial evidence may be used to prove possession of actual knowledge.

II. In addition to other available affirmative defenses, it is an affirmative defense that the conduct charged was consented to by the person endangered and that the danger and conduct charged were reasonably foreseeable hazards of:

(a) an occupation, a business or a profession; or

(b) medical treatment or medical or scientific experimentation conducted by professionally approved methods and such other person has been made aware of the risks involved prior to giving consent.


Source. 1993, 159:3, eff. May 24, 1993.

    147-A:16 Criminal Penalty;  Fine. 

I. Any person shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person who knowingly:

(a) Violates any provision of RSA 147-A or any rule adopted by the commissioner relative to RSA 147-A;

(b) Violates any term or condition of a permit or an order issued under RSA 147-A;

(c) Makes or certifies a material false statement relative to any document required by RSA 147-A; or

(d) Tampers with a monitoring device or fails to comply with a monitoring method required under RSA 147-A.

II. Notwithstanding RSA 651:2, a natural person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $50,000 if found guilty of any violation of RSA 147-A:16, I. Each day of violation shall constitute a separate offense.

III. Criminal penalties and fines imposed under RSA 147-A:16 shall be paid to the New Hampshire hazardous waste cleanup fund established under RSA 147-B:3.

IV. Notwithstanding RSA 106-B:15 or any other provision of law to the contrary, police employees of the department of safety are authorized to conduct investigations, serve criminal process, and make arrests for violations of this chapter and any rules adopted under this chapter.

V. Notwithstanding paragraph I, failure to measure or record liquid hazardous waste by transporters in accordance with RSA 147-A:6 shall be a violation.


Source. 1981, 413:2. 1983, 137:10; 227:3. 1986, 202:6, I(e). 1989, 300:2. 1990, 65:1. 1996, 228:110, eff. July 1, 1996.

    147-A:17-a Administrative Fines. 

I. The commissioner of the department of environmental services, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter including any rule adopted under the provisions of this chapter. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:

(a) A schedule of administrative fines which may be imposed under this paragraph for violations of this chapter as provided above.

(b) Procedures for notice and hearing prior to the imposition of an administrative fine.

II. The proceeds of administrative fines levied pursuant to paragraph I shall be deposited by the commissioner into the hazardous waste cleanup fund established by RSA 147-B.


Source. 1989, 22:1. 1995, 217:4, eff. Jan. 1, 1996.

    147-A:17 Civil Forfeiture. 

I. Any person shall be subject to a civil forfeiture of up to $50,000 for each day of a continuing violation, in addition to enforcement by injunctive relief, who violates:

(a) Any provision of RSA 147-A or any rule adopted by the commissioner relative to RSA 147-A; or

(b) Any term or condition of a permit or an order issued under RSA 147-A.

II. Civil forfeitures levied under RSA 147-A:17, I, shall be paid to the New Hampshire hazardous waste cleanup fund established under RSA 147-B.

III. In addition to any civil forfeiture imposed under RSA 147-A:17, I, any person who violates or causes or suffers a violation of RSA 147-A:17, I, shall be strictly liable without regard to fault for costs directly or indirectly resulting from the violation relating to:

(a) Containment of hazardous wastes;

(b) Necessary cleanup and restoration of the site and the surrounding environment; and

(c) Removal of the hazardous wastes.


Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1996, 228:110, eff. July 1, 1996.

    147-A:18 Interstate Cooperation. 

The general court encourages cooperative activities by the department with other states for the improved management of hazardous wastes; for improved, and so far as is practicable, uniform state laws relating to the management of hazardous wastes; and for compacts between this and other states for the improved management of hazardous wastes.


Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.

    147-A:19 Limits. 

Nothing contained in this chapter shall be construed to modify or limit the duties and authority conferred upon the department under RSA 146-A, RSA 485, RSA 485-A, or RSA 125-C.


Source. 1981, 413:2. 1989, 339:18. 1996, 228:33, eff. July 1, 1996.

    147-A:2-a Repealed by 1999, 53:6, IV, eff. July 20, 1999. 

    147-A:2 Definitions. 

In this chapter, the following words shall have the following meanings:

I. [Repealed.]

I-a. "Abutter" means any person who owns property adjacent to, or across a road, railroad, or stream from the property on which a hazardous waste facility will be permitted.

I-b. "Commissioner" means the commissioner of environmental services.

II. "Compliance schedule" means the timetable for meeting operator permit requirements.

II-a. "Department" means the department of environmental services.

III. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

III-a. [Repealed.]

IV. "Facility" means a location at which hazardous waste is subjected to treatment, storage or disposal and may include a facility where hazardous waste has been generated.

V. "Generation" means the act of producing hazardous waste materials.

VI. "Generator" means any person who owns or operates a facility where hazardous waste is generated.

VII. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954,
 as amended, or household pharmaceutical wastes collected pursuant to RSA 318-E.

VIII. "Hazardous waste management" means the systematic control of the generation, collection, sorting, storage, processing, treatment, recovery and disposal of hazardous waste.

IX. "Imminent hazard" means any condition or practice which presents an immediate and substantial threat to human health or the environment.

IX-a. [Repealed.]

X. "Manifest" means the form used for identifying the origin, quantity, composition, routing and destination of hazardous waste.

X-a. [Repealed.]

X-b. "Mortgage" means a mortgage lien, tax lien, or other lien or encumbrance securing the payment of money or performance of an obligation.

XI. "Operator" means any person who, either directly or indirectly, operates or otherwise controls or directs activities at a facility.

XI-a. "Owner" means any person who, either directly or indirectly owns a facility. The term "owner" does not include a person who, without participation in the management or actual operation of a facility, holds indicia of ownership primarily to protect a mortgage on real property on which a facility is located or a security interest in personal property located at the facility.

XII. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

XII-a. "
Spent material
" means any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without processing.

XII-b. "Serious bodily injury" means any harm to the body which causes severe, permanent or protracted loss of or impairment to the health or the function of any part of the body.

XIII. "Storage" means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

XIII-a. "Tax lien" means a tax lien arising under RSA 80:19, the rights acquired by the grantee in a tax sale pursuant to RSA 80:20-RSA 80:42-a, and a tax lien acquired or transferred pursuant to RSA 80:58-RSA 80:86.

XIV. "Trade secret" means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it.

XIV-a. [Repealed.]

XV. "Transport" means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XVI. "Transporter" means any person who transports hazardous waste.

XVII. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XVIII. "Waste" means any matter consisting of: garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other spent, discarded or abandoned material including solid, liquid, semi-solid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include domestic sewage, irrigation return waters, wastewater discharges in compliance with applicable state or federal permits, or source, special nuclear, or by-product material as defined by the Atomic Energy Act of 1954,
 as amended.


Source. 1981, 413:2; 567:2. 1983, 137:1-3; 227:2, 3, 20; 291:1, I. 1986, 119:1; 202:6, I(e), 29, VI. 1989, 398:1. 1990, 253:1. 1991, 226:1. 1993, 159:2; 323:10. 1994, 199:10, 11. 1996, 228:31, 32, 107. 1998, 64:1-3. 1999, 53:6, eff. July 20, 1999. 2012, 83:1, eff. July 22, 2012. 2016, 214:3, eff. Aug. 6, 2016.

    147-A:20 Severability. 

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or application, and to this end the provisions of this chapter are severable.


Source. 1981, 413:2, eff. June 23, 1981.

    147-A:3 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A and after public hearing, relative to:

I. Criteria for the determination of whether any waste or combination of wastes is hazardous for the purposes of this chapter. "Pesticides" as defined in RSA 430 are subject to this chapter only to the extent that they are hazardous wastes.

II. A listing of wastes or combinations of wastes which are deemed to be hazardous.

III. Standards and procedures for the safe operation and maintenance of hazardous waste facilities, including qualifications required for personnel of hazardous waste facilities.

IV. The storage, treatment, containerization, transportation, and disposal of hazardous wastes; provided, however, that no rule shall be adopted or applied so as to impose any transporter permitting program or requirement.

V. A manifest system for tracking hazardous wastes from the point of generation to the point of treatment, storage or disposal.

VI. Procedures and requirements for the record keeping and reporting of the generation, storage, treatment, or disposal of hazardous wastes.

VII. Procedures for the immediate reporting of hazardous waste spills.

VIII. Information required in operator permit applications and transporter registrations.

IX. The terms and conditions under which the department shall issue, modify, suspend, revoke, deny, or approve the transfer of permits or registrations required by this chapter. Actions required by the department may include, but are not limited to, monitoring, contingency plans, closure, and evidence of financial responsibility.

IX-a. Criteria for determining the suitability of proposed hazardous waste facility sites.

X. A sliding scale for operator permit application fees, based on the cost of processing applications.

XI. Compliance schedules for operator permits.

XII. Establishment of minimum qualifications and procedures for persons providing hazardous waste cleanup, emergency response or other services related to the effective implementation of this chapter and RSA 147-B.

XIII. Tanks and all associated appurtenances used to store, transfer, or otherwise contain regulated substances as defined in section 9001(2)(A) of the Federal Resource Conservation and Recovery Act
 as amended in 1984 and hazardous waste as defined in rules adopted under RSA 147-A:3, except such tanks and appurtenances subject to the provisions of RSA 146-C. Rules regarding such tanks shall include, but are not limited to, tank standards and operating procedures, registration requirements, compliance schedules, enforcement and inspection, and requirements for closure, financial responsibility, and corrective actions.

XIV. Procedures and standards for certification of laboratories, including but not limited to the form and content of approval and certification application forms, analytical techniques to be employed, standard collection and testing procedures, performance on proficiency test samples, as well as qualifications for laboratory personnel. The procedures and standards shall be no less stringent than the rules and regulations of the Environmental Protection Agency for the certification of hazardous waste testing laboratories.

XV. Procedures and standards for provisional certification of laboratories.

XVI. Procedures and conditions under which certification of hazardous waste testing laboratories may be revoked, suspended, or modified.

XVII. Information to be disclosed when tests are subcontracted.

XVIII. Procedures and criteria for laboratory recertification.

XIX. Procedures for the certification of laboratories which have been certified by other states.

XX. Procedures for approval of alternate testing methodology.

XXI. Fees for certification, including rules for accounting of the fees.

XXII. Procedures and standards for testing of hazardous waste under any expanded certification program.

XXIII. A time frame for the completion of the certification process.

XXIV. Standards for the case-by-case establishment of maximum contaminant levels for unregulated contaminants.

XXV. Conditional exemptions from the permitting, registration, and siting requirements of RSA 147-A:4 and RSA 147-A:6.

XXVI. Administration of a hazardous waste coordinator certification program and alternate programs pursuant to RSA 147-A:5, III, including criteria relating to education and experience and the procedures for initial certification of hazardous waste coordinators as well as continuing education requirements for renewals, and associated fees.

XXVII. Procedures and criteria for administration of a hazardous waste generator self-certification program and associated fees pursuant to RSA 147-A:5, IV.

XXVIII. Procedures for collection of the hazardous waste generator notification fee for new generators of hazardous waste specified in RSA 147-A:6-a.


Source. 1981, 413:2. 1983, 137:4; 227:3. 1985, 287:7. 1986, 120:2; 202:6, I(e). 1987, 143:2. 1989, 398:2. 1990, 208:12. 1995, 308:30-32. 1996, 228:107, 110. 1999, 52:1; 53:1. 2002, 87:3. 2003, 148:3, eff. July 1, 2003. 2005, 168:1, eff. Aug. 20, 2005. 2020, 37:7, eff. July 29, 2020. 2022, 326:3, eff. July 8, 2022.

    147-A:4-a Repealed by 2020, 37:4, XI, eff. July 29, 2020. 

    147-A:4-b Disclosure of Ownership. 

Any application for a permit under RSA 147-A:4 shall be signed under oath by a representative of the applicant and shall contain the following information:

I. Name and address of the applicant.

II. If the applicant is a corporation, the state of incorporation, the address of its principal place of business, and the names and addresses of its directors, officers, and shareholders; if the applicant is a partnership, the state of formation, the address of its principal place of business, and the names and addresses of its partners, whether general or limited; and if the applicant is any other kind of association, the state of formation, the address of its principal place of business, and the names and addresses of its members or participants.

III. The exact location where the applicant intends to conduct the business for which it is seeking the permit.

IV. Such financial information as the commissioner may require by rules adopted under RSA 147-A:3.


Source. 1989, 398:5. 1996, 228:110, eff. July 1, 1996.

    147-A:4 Operator Permits. 

The department shall administer and enforce the hazardous waste operator permit program.

I. Any person constructing, substantially altering, or operating a hazardous waste facility or disposing of hazardous waste on or after July 1, 1980, shall first obtain a permit from the department, unless conditionally exempted by rules adopted pursuant to RSA 147-A:3, XXV.

I-a. The department shall notify the governing body of the municipality in which the facility is or may be located when a new permit application is received by the department. This requirement shall apply to permit applications for treatment, storage, and disposal facilities. A copy of the application shall be included with the notification.

II. A permit application fee not to exceed $7,500 shall accompany each permit, permit modification, and permit renewal application. Permit fees received by the department under this section shall be placed in the hazardous waste cleanup fund as established under RSA 147-B:3, shall be accounted for separately and shall be used in processing applications and enforcing and implementing conditions of a permit.

II-a. The department may conduct such reasonable studies and investigations and employ such consultants as it deems appropriate to carry out the purposes of this section; provided, however, that such studies and investigations are identified in rules adopted pursuant to this chapter. The cost of such studies, investigations, and consultants shall be borne by the applicant.

II-b. A decision by the commissioner to issue a permit for a hazardous waste facility shall not be influenced by the fact that the applicant acquired land or an interest therein for the purpose of constructing such facility.

II-c. Applications for permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 147-A:3. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, if any, and make a report to the department. The cost of any investigation under this paragraph shall be borne by the applicant.

II-d. The department may deny a permit application under this section to a person if any of the following applies:

(a) The person fails to demonstrate sufficient reliability, expertise, integrity and competence to operate a hazardous waste facility.

(b) The person has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.

(c) In the case of a corporation or business entity, if any of its officers, directors, partners, key employees or persons or business entities holding 10 percent or more of its equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.

III. If the application is approved, a permit shall be issued for 5 years, subject to modification, suspension, or revocation by the department. An applicant for permit renewal shall demonstrate that the facility complies with rules adopted by the department under RSA 147-A.

IV. Any permit issued under this section may be modified, suspended, or revoked by the department at any time if the permittee fails to comply with the terms and conditions of the permit; provided, no permit shall be modified, suspended or revoked until the department has provided the affected party with the opportunity for an adequate hearing and with written notice of the intent of the department to take action and the reasons for the action.

IV-a. No permit issued by the department under this section shall be transferred by the permittee to any person without the prior written approval of the department. Applications for the transfer of permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 147-A:3, IX. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, if any, and make a report to the department. The applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan. The cost of any investigation under this paragraph shall be borne by the applicant. The department shall hold a public hearing no later than 30 days prior to making any final decision on an application to transfer a permit issued under this section. Notice of such public hearing shall be published in a newspaper of local circulation within the region of the public or private hazardous waste facility at least 2 weeks prior to such public hearing. The applicant shall notify abutters of the request for transfer of a permit under this section.

V. If meeting the requirements for the issuance of a permit or complying with the conditions of a permit would, in the opinion of the department, cause undue hardship without equal or greater benefit to the public, the department may issue an interim permit. The interim permit shall contain a compliance schedule for meeting the requirements of this section and conditions the department deems necessary. Renewal or extensions of the compliance schedule may be given only after opportunity for public hearing and comment in the town or city affected by each renewal or extension. No interim permit shall be granted to a person who is causing a danger to public health or safety.

VI. No person shall construct a hazardous waste facility after July 1, 1979, without an interim permit issued by the department. The department shall include terms and conditions in the interim permit as it deems necessary, utilizing existing rules relative to solid waste and, in the department's discretion, standards as proposed by the Environmental Protection Agency as published in the Federal Register under the authority granted in Subtitle C of 42 U.S.C., Section 6901 et seq.

VII. In administering this section, the department shall be exempt from the provisions of RSA 541-A:29, II, but shall act on all matters before it under this section in as expeditious a manner as the law permits.


Source. 1981, 413:2. 1983, 137:5, 6; 227:3; 455:8. 1986, 158:1-3; 202:6, I(e). 1989, 398:3, 4. 1991, 226:2. 1994, 412:13. 1996, 228:106, 107, 110. 1997, 269:1. 1998, 64:4. 1999, 53:2, eff. July 20, 1999. 2007, 219:1, eff. July 1, 2007.

    147-A:5-a Hazardous Waste Testing Laboratory Certification. 

I. Any laboratory conducting tests for the presence of hazardous waste, other than water testing laboratories accredited under RSA 485:44, may apply for certification by the department.

II. The department shall establish and administer a program to certify on an annual basis the facilities, techniques, collection procedures, testing methods, analytical performance, and qualifications of personnel of any laboratory for the purposes of RSA 147-A:5-a, I. The program shall be no less stringent than the United States Environmental Protection Agency's rules and regulations for the certification of hazardous waste laboratories. Certification shall be granted on an analyte-by-analyte basis and shall be based on the capability of the laboratory to analyze samples with precision and accuracy.

III. The participation of laboratories in the certification program established under this section shall be voluntary.

IV. Provisional certification may be granted on terms and conditions as set forth in rules adopted by the department in accordance with RSA 541-A.

V. The department shall approve and certify laboratories certified in other states upon request, provided that the certification program in such states is at least equivalent to that enforced nationally by the United States Environmental Protection Agency. The department may inspect or otherwise verify that the applying laboratory is performing at the certification level.

VI. An alternate laboratory test method may be acceptable only if it is equivalent to the prescribed test in both accuracy and reproducibility as it relates to the determination of compliance with any maximum contaminant level. The department shall certify an alternate laboratory method if the method has been approved by the United States Environmental Protection Agency.

VII. Certification may be denied, revoked, suspended, or modified as determined by rules of the department. A laboratory which has had certification revoked or suspended shall be recertified at such time as it again meets criteria for certification, and requests recertification.

VIII. Changes in laboratory ownership, location, personnel, methodology, or other factors significantly affecting the performance of analyses for which it was originally certified shall be reported to the certification officer of the department of environmental services within 48 hours of the change.

IX. A laboratory may subcontract tests which it is not certified to perform to another laboratory which is so certified, provided that the test report clearly indicates which tests were subcontracted and that laboratory test records which specify the name and address of the laboratory which performed the work are maintained and made accessible to the department upon request.

X. Nothing in this section shall be construed to limit or control laboratory services which are offered or performed outside the scope of the certification program provided for in RSA 147-A:5-a, I and II.


Source. 1987, 143:1. 1996, 228:106, 107. 2004, 116:6, eff. May 17, 2004.

    147-A:5-b Fees;  Advertising. 

I. The commissioner shall adopt rules under RSA 541-A, after public hearing, establishing a schedule of reasonable fees to be paid by any laboratory applying for approval and certification, including any travel and consultant costs related to certification of out-of-state laboratories.

II. The schedule of fees shall be designed to recover the direct costs and travel expenses associated with the certification services provided under RSA 147-A:5-a, and such fees shall be available to the department to be used to defray the cost of travel and associated expenses for such services, including any additional travel and consultant expenses related to certification of out-of-state laboratories. Funds received shall be deposited in a special account maintained by the department of environmental services to offset the costs of the inspection program. Any balance remaining at the end of the fiscal year shall lapse to the general fund. This paragraph shall not be construed to mean that all agency costs associated with the certification program, such as agency overhead, facilities, and staff services are to be prorated and recovered by fees.

III. A laboratory shall provide each prospective New Hampshire client with a list which clearly indicates the specific analytes which the laboratory is certified to test. In the event that a client has paid a fee to a laboratory in anticipation of testing services before the receipt of said test sampling materials, and the client subsequently determines upon receipt of the test materials that the laboratory is not certified to provide testing services to meet his needs, the client may cancel his order for any testing services which have not yet been performed, and the laboratory shall make full refund to the client. Test reports shall clearly identify those specific analytes for which a laboratory has certification and shall specifically identify any analyses which were subcontracted to other laboratories.


Source. 1987, 143:1. 1996, 228:106, 110, eff. July 1, 1996.

    147-A:5 Terms and Conditions of Operator Permits;  Facility Personnel;  Certified Hazardous Waste Coordinator Program;  Hazardous Waste Generator Self-Certification Program. 

I. The department shall not issue a permit to a hazardous waste facility unless the facility meets the terms and conditions required in rules adopted by the department. These terms and conditions include, but are not limited to, evidence of financial responsibility in the amount set by the department after consultation with the commissioner of insurance. This amount shall be whatever is necessary to:

(a) Protect the public health and welfare and the environment; and

(b) Insure that appropriate measures will be taken to prevent present and future damage to the public health and safety or to the environment, in the event that the operations at the facility are abandoned, interrupted, or stopped.

II. Personnel employed in the operation of any facility shall meet the qualifications concerning training as deemed necessary by the department, after a review of the characteristics, properties, and volume of hazardous wastes to be treated, stored, or disposed of at the facility.

III. (a) Each hazardous waste generator that generates more than 220 pounds of hazardous waste per month shall have on staff at the facility where the hazardous waste is generated a hazardous waste coordinator certified by the department. The certified hazardous waste coordinator shall be responsible for ensuring that the generator is aware of and in compliance with applicable requirements relating to hazardous waste management, including but not limited to storage, transportation, and disposal. Certification shall not be transferable. Initial certification shall be valid for one year and may be renewed for subsequent one-year terms. The department may charge a reasonable fee to cover expenses for education and training programs that fulfill the initial certification and continuing education requirements. The commissioner may authorize alternative certified hazardous waste coordinator programs provided the program demonstrates equivalent on-site staffing, training, continuing education, and management organization to meet the responsibilities of this paragraph.

(b) Each application for initial or renewal of a hazardous waste coordinators certification shall be accompanied by a non-refundable fee of $125 per year to cover department expenses for conducting the certification program.

IV. (a) Each hazardous waste generator that generates less than 220 pounds (100 kilograms) of hazardous waste per month shall submit to the department, every 3 years, a self-certification declaration stating that the facility is in compliance with the applicable hazardous waste generator rules. The declaration shall be on a form provided by the department.

(b) Each hazardous waste generator that generates less than 220 pounds/100 kilograms of hazardous waste per month shall pay non-refundable fees at a rate of $60 per year for the period of January 1, 2004 to June 30, 2007, and at a rate of $90 per year beginning July 1, 2007, to cover department expenses for conducting the self-certification program and hiring of program staff. Total fees due for each year shall be submitted with the self-certification declaration form required under subparagraph (a).

(c) If the self-certification fee is not paid within 60 days of the due date, interest shall be assessed at a rate established by the commissioner, and shall be deposited into the cleanup fund. The commissioner may waive all or any portion of interest for good cause.

(d) Political subdivisions of the state shall be exempt from the fee for submitting a self-certification declaration.

(e) Hazardous waste generators that are participants in a department-developed multi-media compliance assurance program referred to as an environmental results program, or ERP, shall be exempt from this paragraph.


Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1996, 228:107. 2002, 87:1, 2. 2003, 148:1, 2, eff. July 1, 2003. 2005, 168:2, eff. Aug. 20, 2005; 254:4, eff. Sept. 12, 2005. 2007, 219:2, eff. July 1, 2007. 2022, 326:4, 5, eff. July 8, 2022.

    147-A:6-a Initial Notification Fee. 

I. Each initial notification of hazardous waste activity filed by any new hazardous waste generator in New Hampshire shall be accompanied by a non-refundable fee of $150.

II. Political subdivisions of the state shall be exempt from this notification fee.

III. Hazardous waste generators that generate less than 220 pounds/100 kilograms of hazardous waste per month and that are participants in a department-developed multi-media compliance assurance program referred to as an environmental results program, or ERP, shall be exempt from this notification fee.


Source. 2003, 148:4, eff. July 1, 2003. 2005, 254:5, eff. Sept. 12, 2005. 2007, 219:3, eff. July 1, 2007. 2022, 326:6, eff. July 8, 2022.

    147-A:6 Transporter Registration. 

The department shall administer and enforce the transporter program.

I. Any transporter of hazardous waste within the state shall annually register with the department using forms provided by the department before engaging in the transportation of hazardous wastes, unless conditionally exempted by rules adopted pursuant to RSA 147-A:3, XXV.

II. Information submitted with each registration application and registration renewal application shall include:

(a) Transporter's name;

(b) Mailing address of transporter's office;

(c) Telephone number of the transporter's office;

(d) The name and title of a contact person;

(e) The transporter's U.S. EPA identification number;

(f) The transporter's U.S. DOT motor carrier census number or interstate commerce commission number;

(g) The Research and Special Programs Administration of the United States Department of Transportation registration number, if applicable;

(h) An attestation that the transporter is in compliance with the financial responsibility requirements of 49 C.F.R. section 387.9.

III. The registration period shall be from July 1, of a given year, to June 30, of the following year. The division shall develop procedures to expedite the registration of transporters who wish to initiate operations in the state during the registration period.

IV. Nothing in this section shall effect in any way any authority the state may have under other statutes to enjoin the operations of a transporter that has been convicted of a violation of a criminal statute relating to its hazardous waste transporter operations.

V. (a) The department may conduct reasonable investigations to determine whether applicants and registrants have sufficient reliability, expertise, integrity, and competence to transport hazardous waste.

(b) Transporters shall notify the department of any change in the information submitted pursuant to paragraph II.

(c) The department may modify, suspend, or revoke a transporter registration if the transporter violates any provision of RSA 147-A, any rules adopted by the commissioner pursuant to RSA 147-A, or any rules adopted by the commissioner of the department of safety pursuant to RSA 21-P:17.

(d) The department may deny a registration application or registration renewal application or suspend or revoke a registration if any of the following apply:

(1) The applicant or registrant fails to demonstrate sufficient reliability, expertise, integrity, and competence to transport hazardous waste.

(2) The applicant or registrant has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of registration application or registration renewal application.

(3) In the case of a corporation or business entity, any of its officers, directors, partners, key employees, or persons or business entities holding 10 percent or more of its equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the registration application or registration renewal application.


Source. 1981, 413:2. 1983, 137:7, 227:3. 1986, 158:4, 5; 202:6, I(e). 1989, 300:1. 1990, 3:76, 77. 253:2, 13. 1991, 112:1. 1992, 263:4. 1995, 308:33. 1996, 228:106, 107. 1999, 52:2-4, eff. July 20, 1999; 53:4, eff. July 20, 1999.

    147-A:7 Inspections;  Right of Entry. 

I. For the purpose of determining compliance with this chapter, any rule adopted by the department relative to this chapter or any permit issued by the department, an employee or an authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:

(a) Enter any hazardous waste facility;

(b) Inspect, photograph, and obtain samples of any waste, including samples from containers or vehicles which the department has reason to believe contain hazardous wastes; and

(c) Inspect and copy any records, information or test results relating to wastes.

II. Information obtained by the department under this chapter which, in the judgment of the federal Environmental Protection Agency or the department, constitutes a trade secret, shall not be disclosed to the public without notice to the owner of the trade secret and an opportunity for hearing. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality provided by the department.


Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1989, 6:1. 1996, 228:107, eff. July 1, 1996.

    147-A:8 Official Investigation. 

I. The attorney general shall have the power to examine witnesses and documents and to request information for the purpose of enforcing the provisions of this chapter and the provisions of RSA 147-B.

II. If, during the course of any investigation under this chapter or RSA 147-B, the attorney general believes a person may have information or be in possession, custody or control of any document or other tangible object relevant to the investigation, before the institution of any court proceedings, the attorney general may serve upon the person a written demand for information; or a subpoena to appear and be examined under oath; or a subpoena duces tecum to appear and produce the documents or objects for inspection and copying. A written demand for information may be mailed to the person believed to have such information. A subpoena or subpoena duces tecum of the attorney general may be served by the person designated therein to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation under this chapter. Any testimony given by any person so sworn shall be subject to the pains and penalties of perjury.

III. Any subpoena issued pursuant to this chapter shall:

(a) Describe the nature of the investigation.

(b) Describe the documents or objects with sufficient definiteness to permit them to be fairly identified.

(c) Prescribe a reasonable time at which the person shall appear to testify or within which the documents or objects shall be produced, and advise the person that objections to or reasons for not complying with, the subpoena may be filed with the attorney general on or before that date.

(d) Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the documents or objects.

IV. A written demand for information issued pursuant to this chapter shall:

(a) Describe the nature of the investigation.

(b) Describe the information sought in connection with that investigation.

(c) Prescribe a reasonable time for complying with the information demand, and advise the person that objections to or reasons for not complying with the information demand may be filed with the attorney general on or before that date.

V. If a person objects to or fails to comply with the information demand, subpoena or subpoena duces tecum served upon him under this chapter, the attorney general may file in the superior court of the county in which the person resides or maintains his principal place of business or if the person is a nonresident and has no principal place of business within this state, in Merrimack county superior court, a petition for an order of the court to enforce the subpoena or information demand. Notice of hearing and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds reasonable cause to believe that there may have been a violation of any provision of this chapter or of RSA 147-B, and that the information, testimony, documents or objects sought are relevant to the investigation, it shall order the person to provide the information, to appear for testimony, or to produce the document or object for inspection and copying as demanded, subject to any modification of the subpoena or information demand the court prescribes.


Source. 1981, 413:2. 1986, 158:6, eff. July 27, 1986.

    147-A:9 Strict Liability of Owner, Operator, Generator, or Transporter. 

I. Any owner, operator, generator, or transporter who causes or suffers the treatment, storage, transportation or disposal of hazardous waste in violation of RSA 147-A or rules adopted or permits issued under RSA 147-A or RSA 106-A:17-RSA 106-A:19 
 or rules adopted by the commissioner of the department of safety under RSA 106-A:18 shall be strictly liable for costs directly or indirectly resulting from the violation relating to:

(a) Containment of hazardous wastes;

(b) Necessary cleanup and restoration of the site and the surrounding environment; and

(c) Removal of the hazardous wastes.

I-a. Government entities, including their employees, shall not be liable for the release of hazardous waste during the lawful transportation of locally collected household hazardous waste over the byways of the state, to regional hazardous waste collection centers or in-state or out-of-state disposal facilities in the absence of willful, wanton or reckless conduct. In the event of a release during such transport, the department of environmental services shall be responsible for containment of household hazardous wastes, removal of the household hazardous wastes, necessary cleanup and restoration of the affected site and the surrounding environment, and any required evaluation, assessment, and monitoring associated with the release. Any costs associated with such containment, removal, cleanup, and restoration, and any required evaluation, assessment, and monitoring shall be a charge against the hazardous waste cleanup fund established in RSA 147-B:3.

II. The attorney general may bring an action to recover costs of containment, cleanup, or removal incurred by the department, the state, or both. This action may be brought in connection with an action for injunctive relief or in a separate action in the superior court. In connection with an action brought under this paragraph, the attorney general may obtain a prejudgment attachment in accordance with RSA 511-A to secure any judgment which may be recovered.

III. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility.


Source. 1981, 413:2. 1983, 227:3. 1986, 202:6, I(e). 1994, 199:12. 1996, 228:107, eff. July 1, 1996; 266:8, eff. June 10, 1996. 2006, 282:1, eff. Sept. 13, 2006.

    147-B:1 Findings and Purpose. 

I. The general court hereby finds that as a result of past hazardous waste dumping activities, the potential for spills of hazardous materials and the present lack of proper hazardous waste treatment, storage or disposal facilities within the state, the problem of managing movement of hazardous materials and hazardous waste in the state has become a matter of great concern.

II. The general court hereby declares that the purpose of RSA 147-B is to provide for the proper, adequate and safe cleanup of sites within New Hampshire where hazardous wastes or materials have been improperly discharged, disposed of or spilled. It is further the purpose of this chapter to support the regulatory and enforcement efforts associated with such cleanups, the transportation of hazardous wastes, and the proper permitting of hazardous waste facilities.

III. Nothing contained in this chapter is intended to duplicate the functions set forth in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, Public Law 96-510.


Source. 1981, 413:3. 1990, 253:3. 1991, 226:4, eff. July 1, 1991.

    147-B:10-a Defenses;  Liability of Landowners Limited. 

I. There shall be no liability under RSA 147-B:10, I for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of hazardous wastes or hazardous materials, and the resulting damages were caused solely by:

(a) An act of God;

(b) An act of war; or

(c) An act or omission of a third party other than an employee, agent, or independent contractor of the defendant, if the defendant establishes by a preponderance of the evidence that he exercised due care with respect to the hazardous substance concerned, taking into consideration the characteristics of such hazardous substance, in light of all relevant facts and circumstances, and that he took precautions against foreseeable acts or omissions of any such third party and the consequences that could foreseeably result from such acts or omissions.

II. Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable for the treatment or cleanup of hazardous waste or hazardous materials discovered on his property if:

(a) He did not, in any way, cause or materially contribute to the hazardous substance problem.

(b) He reported the existence of the hazardous substance to the appropriate authorities within a reasonable time of discovery.

(c) He can prove that he had no knowledge or reason to know of the hazardous substance problem prior to his purchase of the property. To establish that the defendant had no reason to know, as provided in this subparagraph, the defendant must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability.

III. Notwithstanding any other provision of law, an owner or former owner of property shall not be held strictly liable for the treatment or cleanup of hazardous waste, hazardous material, oil as defined in RSA 146-A:2, III, or hazardous substance as defined in RSA 146-C:1, VII-a that are discovered on the property if:

(a) The owner did not, in any way, cause or materially contribute to the contamination of the property; and

(b) The contamination migrated onto the property from a source that, at the time of discovery of the contamination, was located on another property.


Source. 1986, 119:6. 1989, 355:1. 1996, 266:10, eff. Aug. 9, 1996.

    147-B:10-b Lien. 

I. The department shall have a lien upon the business revenues and all real and personal property of any person subject to liability under RSA 147-B:10, I for all costs recoverable by the state pursuant to RSA 147-B:10, II.

II. In order for the lien created under this section to be valid and effective against the real property of a person liable under RSA 147-B:10, I, the department shall record the notice of lien in the registry of deeds for each county in which such person owns or holds an interest in real property. Upon its recording in a registry of deeds, the notice of lien shall be effective against all real property of the person located within such county. In order for the lien created by this section to be perfected and valid against the business revenues and personal property, tangible and intangible, of the person subject to liability under RSA 147-B:10, I, the department shall record the notice of lien with the office of the secretary of state in which financing statements are filed pursuant to RSA 382-A:9-501(a)(2). The department shall file separate notices of lien forms for each person subject to liability under RSA 147-B:10, I. There shall be no charge for filing a notice of lien. The fee for discharging a notice of lien shall be borne by the person identified in the notice of lien.

III. The priority of the lien created by this section shall be as follows:

(a) As to the real property on which the hazardous waste or hazardous material is located, the lien shall constitute a first priority lien against such real property prior to all encumbrances, whether of record or inchoate, when the notice of lien is recorded in the registry of deeds for the county in which such real property is located and the notice of lien identifies the record owner of such real property. This subparagraph shall not apply to real property in use as, or being constructed primarily for, residential purposes. Such residential real property shall be governed by subparagraph (c) of this paragraph.

(b) As to the business revenues generated from the facility on which hazardous waste or hazardous material is located and personal property located at the facility on which hazardous waste or hazardous material is located, the lien shall constitute a first priority lien against such business revenues or personal property, prior to all encumbrances, whether of record or inchoate, when the notice of lien is filed with the secretary of state and the notice of lien identifies the owner of such personal property.

(c) As to all other property, whether real, personal or business revenues, other than that which is described in subparagraph (a) or (b) of this paragraph, the notice of lien shall constitute a lien that is effective as of the date and time of recording or filing, without priority on antecedent encumbrances of record when the notice of lien is properly recorded in the appropriate registry of deeds or filed with the secretary of state.

(d) Notwithstanding the lien priorities created under subparagraphs (a)-(c), a holder who, either voluntarily or in conjunction with others (including the state and federal government), undertakes clean-up activities or expends funds on other response or remedial costs, shall have a lien of equal rank and priority with the lien created by paragraph I to the extent of moneys expended for remediation.

IV. The department shall also send a copy of the notice of lien to the person identified in the notice of lien at the address set forth in the notice of lien by certified mail, return receipt requested, postage prepaid.


Source. 1986, 119:6; 202:6, I(e). 1989, 60:1. 1993, 323:17, 18. 1996, 228:107. 2001, 102:27, eff. July 1, 2001.

    147-B:10 Strict Liability;  Civil Action. 

I. Subject only to the defenses set forth in RSA 147-B:10-a and the exclusions and limitations set forth in RSA 147-B:10, IV and V, any person who:

(a) Owns or operates a facility;

(b) Owned or operated a facility at the time hazardous waste or hazardous materials were disposed there;

(c) By contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, to any facility of hazardous waste or hazardous materials owned, possessed or controlled by such person; or

(d) Accepts or accepted any hazardous waste or hazardous material for transport to disposal or treatment facilities or sites selected by such person,

shall be strictly liable for all costs incurred by the state in responding to a release or threatened release of hazardous waste or hazardous material at or from the facility as specified in paragraph II.

I-a. Government entities, including their employees, shall not be liable for the release of hazardous waste during the lawful transportation of locally collected household hazardous waste over the byways of the state, to regional hazardous waste collection centers or in-state or out-of-state disposal facilities in the absence of willful, wanton or reckless conduct.

II. Costs recoverable by the state under paragraph I shall include all costs relating to:

(a) Containment of the hazardous wastes or hazardous materials.

(b) Necessary cleanup and restoration of the site and the surrounding environment.

(c) Removal of the hazardous wastes or hazardous materials.

(d) Such actions as may be necessary to monitor, assess and evaluate the release or threat of release of a hazardous waste or hazardous material; or to mitigate damage to the public health or welfare that may otherwise result from a release or threat of release.

III. (a) The attorney general may institute an action before the superior court for the county in which the facility is located against any person liable pursuant to paragraph I of this section to recover all costs incurred by the state. Costs recovered under this section shall be deposited into the fund except that costs recovered to offset expenditures made from the drinking water and groundwater trust fund established in RSA 6-D:1 shall be deposited into the drinking water and groundwater trust fund.

(b) Notwithstanding the rights of the state under subparagraph (a) above, any person who has expended funds to remedy environmental damage may also bring an action in the superior court for the county in which the facility is located against any person who may be liable for such damage pursuant to paragraph I of this section. Such person's right to contribution shall be limited to expenditures which are incurred for the purposes described in paragraph II of this section and which are consistent with the laws and rules of the state of New Hampshire. A person's right to recovery under this section shall not be barred by the fact that the party bringing the action is itself liable to the state under this section.

IV. Notwithstanding paragraph I, the liability of a holder, when acting as a holder, shall be determined as follows:

(a) A qualifying holder shall not be liable to the state or any other person under paragraph I.

(b) A holder who is not a qualifying holder shall be liable under paragraph I; however, the liability of a holder who demonstrates that its acts or omissions have not caused the release of hazardous waste or materials at a facility shall be limited to the lesser of:

(1) The value of the secured property as determined by a method acceptable to both the state and the holder, until otherwise specified by rules of the department of environmental services; or

(2) The amount of the outstanding indebtedness secured by the facility.

(c) Nothing in this section shall preclude or limit claims under paragraph I against non-employee agents or independent contractors retained by a holder.

(d) Nothing in this section shall preclude or limit claims to recover costs under this section against a qualifying holder whose negligent acts or omissions or intentional misconduct has caused the release of hazardous waste or materials at a facility. A qualifying holder shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the qualifying holder has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.

V. Notwithstanding paragraph I, the liability of a fiduciary, when acting as a fiduciary, shall be determined in accordance with the following:

(a) A fiduciary shall not be liable in its individual capacity to the state or any other person under paragraph I.

(b) Nothing in this section shall preclude claims under paragraph I against:

(1) A fiduciary in its representative capacity;

(2) The assets of the estate or trust administered by the fiduciary; or

(3) Non-employee agents or independent contractors retained by a fiduciary.

(c) Notwithstanding this section, nothing shall preclude claims to recover costs under this section against a fiduciary in its individual capacity whose negligent acts or omissions or intentional misconduct has caused the release of hazardous waste or materials at a facility. A fiduciary shall not be attributed with the negligence or intentional misconduct of non-employee agents or independent contractors so long as the fiduciary has conducted itself without fault with regard to its relationship with such non-employee agents or independent contractors.

VI. Nothing in this section shall be construed to relieve a holder or fiduciary from any legal duty requiring a report, notification or disclosure of a release of hazardous waste or materials otherwise established under New Hampshire law.

VII. There shall be no implied cause of action for third party damages against any person under this section to the extent that the person's liability under this section is based solely on the person's ownership of a facility.


Source. 1981, 413:3. 1983, 227:6. 1986, 119:6; 202:6, I(e). 1988, 12:1. 1990, 253:6. 1993, 323:15, 16. 1996, 266:9, eff. June 10, 1996. 2006, 282:2, eff. Sept. 13, 2006. 2019, 346:293, eff. July 1, 2019.

    147-B:11-a Annual Report. 

The department shall submit an annual report by October 1 of each year to the governor and council, speaker of the house of representatives, and president of the senate, relative to the activities and finances of the hazardous waste cleanup fund.


Source. 2007, 219:12, eff. July 1, 2007.

    147-B:11 Penalty;  Fine. 

I. Any generator shall be guilty of a misdemeanor who:

(a) Does not pay the fee required in RSA 147-B:8; or

(b) Knowingly gives or causes to be given any false information in reports, records, or documents required by the department under RSA 147-B.

II. Each day of violation of RSA 147-B:11, I, shall constitute a separate offense. Notwithstanding RSA 651:2, each violation of RSA 147-B:11, I, shall be punishable by a fine not to exceed $100 a day.

III. Fines paid for violations of RSA 147-B:11, I, shall be deposited into the fund, notwithstanding RSA 618:2.


Source. 1981, 413:3. 1983, 227:6. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.

    147-B:12 Automotive Oil Fee. 

I. A fee of $.02 per gallon of automotive oil shall be assessed at the time of import to this state. Persons licensed under RSA 146-A:11-b, II shall be liable for payment of this additional fee which shall be collected and enforced by the department of safety in the manner described in RSA 146-A:11-b. The department of environmental services may waive all or any portion of penalties or interest for good cause. All fee revenues shall be deposited in the hazardous waste cleanup fund in accordance with RSA 147-B:6, I-d.

II. The department of environmental services may apply for, request, solicit, contract for, receive, and accept gifts, grants, donations, and other assistance from any source to carry out the purposes of this subdivision.


Source. 1994, 364:7; 364:11. 1996, 228:107. 1997, 269:4, eff. July 1, 1998 at 12:01 a.m.

    147-B:13 Use of Money Collected. 

I. The department shall use the money collected under RSA 147-B:12 to:

(a) Award grants to pay for the costs associated with the establishment, improvement, or operation of used oil collection centers at public facilities such as fire stations, police barracks, highway departments, county garages, solid waste facilities, or other suitable locations; and provide technical assistance to persons who organize such programs. Political subdivisions and other government entities shall be eligible for grants not to exceed $2,500 on an annual basis for the costs associated with the establishment or improvement of used oil collection facilities. In addition, political subdivisions and other government entities shall be eligible for grants on an annual basis for costs associated with the off-site transportation and recycling of used oil collected from individuals disposing of used oil. Non-profit organizations that focus on waste management and recycling issues, and private businesses that are registered state motor vehicle inspection stations, shall be eligible for grants not to exceed $2,500 on an annual basis for the costs to establish a used oil collection facility. In providing funding under this subparagraph, priority shall be given to reimburse political subdivisions without public collection centers, followed by political subdivisions that have established collection centers, followed by other government entities, state motor vehicle inspection stations, and non-profit organizations. Political subdivisions that use the same center may combine their awards, but in no case shall the amount awarded to a collection center exceed $5,000.

(b) Develop an educational program on the proper use, handling and disposal of used oil by the public and private businesses.

(c) Provide personnel, equipment and services to administer and enforce the provisions of this subdivision and state and federal laws relative to the proper use, handling and disposal of used oil.

II. The commissioner of environmental services may, within the limits of moneys appropriated, pay no more than $10,000 to dispose of all or a portion of a load of contaminated used oil possessed by a political subdivision of the state.


Source. 1994, 364:7. 1996, 228:106, 107. 1997, 269:3. 2000, 146:1, eff. July 22, 2000.

    147-B:14 Transporters Report. 

Transporters of used oil registered under RSA 147-A shall submit annual reports to the department detailing the amount and type of used oil which they handle and such other information as the department may require. The department shall prepare the report forms and establish the submittal date.


Source. 1994, 364:7. 1996, 228:106, 107. 1999, 52:6, eff. July 20, 1999.

    147-B:15 Repealed by 2007, 219:11, II, eff. July 1, 2007. 

    147-B:2 Definitions. 

In this chapter, the following words shall have the following meanings, unless the context otherwise requires:

I. [Repealed.]

I-a. "Borrower" means the obligor of an obligation secured by a mortgage interest, mortgage lien, or security interest in a facility.

I-b. "Automotive oil" means any lubricating oil, which is reclaimable, classified for use in an internal combustion engine, transmission, gear box or differential for a motor vehicle, boat, off highway recreational vehicle, or commercial or household power equipment.

I-c. "Commissioner" means the commissioner of the department of environmental services.

I-d. "Department" means the department of environmental services.

II. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters, including groundwaters.

III. "Facility" means any site, area or location where hazardous waste or hazardous materials are or have been treated, stored, generated, disposed of, or otherwise come to be located.

III-a. (a) "Fiduciary" means a person:

(1) Who is acting in any of the following representative capacities, but only to the extent such person is acting in such representative capacity: an executor or administrator of an estate, including a voluntary executor or a voluntary administrator; a guardian; a conservator; a trustee under a will under which the trustee takes title to, or otherwise controls or manages, property for the purpose of protecting or conserving such property under the ordinary rules applied in the courts of the state of New Hampshire; a court-appointed receiver; a trustee appointed in proceedings under federal bankruptcy laws; an assignee or a trustee acting under an assignment made for the benefit of creditors; a trustee under a revocable or irrevocable donative or estate-planning inter vivos trust; or a trustee, pursuant to an indenture agreement or similar financing agreement, for debt securities, certificates of interest of participation in any such debt securities, or any successor thereto; and

(2) Who holds legal title to, controls, or manages, directly or indirectly, any facility as a fiduciary for purposes of administering an estate or trust of which such facility is a part.

(b) Any person or entity acting as trustee of a business trust, a realty trust, a real estate trust, a nominee trust, or any similar trust shall not be considered a "fiduciary" under this chapter.

III-b. "Foreclosure" means any foreclosure by a holder of a mortgage lien, or, in the case of a tax lien, the conveyance of property by tax deed by a municipality, county or state pursuant to the procedures of RSA 80:20-RSA 80:42-a or of RSA 80:58-RSA 80:86.

IV. "Fund" means the New Hampshire hazardous waste cleanup fund.

V. "Generation" means the act of producing hazardous waste.

VI. "Generator" means any person who owns or operates a facility where hazardous waste is generated.

VII. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged.

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954,
 as amended.

VIII. "Hazardous materials" means those substances or materials in such quantity and form which may pose an unreasonable risk to health and safety or property when transported in commerce, by all modes which may include, but are not limited to, explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, and compressed gases which are listed by the Materials Transportation Bureau of the United States Department of Transportation in Title 49 of the Code of Federal Regulations, as amended.

VIII-a. [Repealed.]

VIII-b. "Notice of lien" means an instrument signed on behalf of the commissioner, designating a particular facility or facilities and identifying the persons then deemed by the commissioner to be liable under this chapter with respect to each such facility and their mailing addresses, to the extent known to the commissioner, and declaring a lien upon the real and personal property of such persons for the payment of the amounts due or to become due from such persons to the state under this chapter; provided, however, that neither the failure to state any address nor the designation of an incorrect address shall invalidate such notice of lien; and provided further that successive notices of lien, naming the persons so deemed liable, may be issued. The notice of lien shall be in the following form:

NOTICE OF LIEN

NOTICE is hereby given that the Department of Environmental Services claims a lien against the persons identified below pursuant to RSA 147-B:10-b in the amount claimed:

Name/Address
 
Location of Facility
 Amount
 
 
 
 
 
 
 


In accordance with RSA 147-B:10-b, this notice shall be recorded with 
__________ and shall constitute a lien against property of the person(s) identified above and shall have effect and priority in accordance with RSA 147-B:10-b upon recording of this notice of lien with the above referenced department.

Dated this 
__________ day of 
__________, 20 
___.

DEPARTMENT OF ENVIRONMENTAL SERVICES

By: 
__________

VIII-c, VIII-d. [Repealed.]

VIII-e. "Holder" means a person who holds indicia of ownership primarily to protect a mortgage interest or security interest in real or personal property on or at the facility.

VIII-f. "Indicia of ownership" means evidence of a mortgage lien, a security interest, or other interests in real or personal property securing payment or performance of a loan or other obligation.

VIII-ff. "Mortgage interest" and "mortgage lien" mean a mortgage lien, tax lien, or other lien or encumbrance securing the payment of money or performance of an obligation.

VIII-g. "Participation in the management of a facility" means the actual participation by a holder in the management or operational affairs of the facility, including without limitation where a holder (i) exercises decision-making control over environmental compliance or (ii) exercises control at a level comparable to that of a manager of the enterprise with responsibility for day-to-day decision-making either with respect to environmental compliance or all or substantially all of the operational (as opposed to financial or administrative) aspects of the facility. The following types of activities, among others, shall not constitute participation in the management of a facility:

(a) Taking title to a facility by foreclosure, by accepting a deed to such facility in lieu of foreclosure or by other similar means, or the transfer or sale of such facility;

(b) Conducting, or requiring the borrower to conduct, an environmental assessment or audit of the facility;

(c) Withholding funds under an existing obligation or restructuring or renegotiating the terms of a borrower's obligations, including but not limited to, requiring the payment of interest, the extension of payment periods or the issuance of additional funds;

(d) Providing to the borrower financial advice;

(e) Requiring or advising the borrower to comply with federal, state or local laws, rules, regulations, orders or permits;

(f) Collecting rents, maintaining utility services and securing the facility from unauthorized entry; and

(g) Undertaking any cleanup action approved by the department.

VIII-h. "Primarily to protect a mortgage interest or security interest" means that the holder's indicia of ownership are held primarily for the purpose of securing the payment or performance of the loan or other obligation. The indicia of ownership held after foreclosure continues to be maintained primarily as protection for a security interest provided that the holder undertakes to sell, re-lease property held pursuant to a lease financing transaction (whether by a new lease financing transaction or substitution of the lessee), or otherwise divest itself of the property in a reasonably expeditious manner, using whatever commercially reasonable means are relevant or appropriate with respect to the facility, taking all facts and circumstances into consideration, and provided that the holder does not participate in management. A holder establishes that it is seeking to sell, re-lease or otherwise divest itself of the property following foreclosure and its equivalents by, within 5 months following foreclosure, listing the facility with a broker, dealer, or agent who deals with the type of property in question, or by advertising the facility as being for sale or disposition on at least a monthly basis in either a real estate publication or a trade or other publication suitable for the facility in question, or a newspaper of general circulation covering the area where the property is located. The holder is entitled to a presumption that it is holding indicia of ownership primarily to protect a mortgage interest or security interest but if the holder does not divest itself of the property within 3 years, the holder bears the burden of showing compliance with this paragraph.

VIII-i. "Qualifying holder" means a holder who does not participate in the management of the facility.

IX. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

IX-a. "Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment.

X. "Storage" means the containment of hazardous wastes, either on a permanent basis or on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

X-a. "Tax lien" means a tax lien arising under RSA 80:19, the rights acquired by the grantee in a tax sale pursuant to RSA 80:20-RSA 80:42-a, and a tax lien acquired or transferred pursuant to RSA 80:58-RSA 80:86.

XI. "Transportation" means the movement of hazardous wastes from the point of generation to any intermediate points and, finally, to the point of ultimate storage or disposal.

XI-a. "Transporter" means any person who transports hazardous waste.

XI-b. [Repealed.]

XII. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.

XIII. "Used oil" means any oil that has been refined from crude oil, or synthetic oil, which, through use or handling, has become unsuitable for its original purpose due to the presence of physical or chemical impurities or loss of original properties.


Source. 1981, 413:3. 1983, 227:4, 6, 20, I; 291:1, I. 1986, 119:2-5; 202:6, I(e), 29, VI. 1992, 178:1, 2; 263:1. 1993, 323:11-13. 1994, 199:16-19; 364:2, 3, 14, I, II. 1995, 216:3. 1996, 228:34, 35, 106, 107. 1999, 52:7, eff. July 20, 1999.

    147-B:3 New Hampshire Hazardous Waste Cleanup Fund Established. 

I. There is hereby established the New Hampshire hazardous waste cleanup fund to be used for the purposes of this chapter.

II. This nonlapsing, revolving special fund is hereby continually appropriated to be expended by the department in accordance with RSA 147-B. All moneys not currently needed to meet the obligations of the department shall be deposited with the state treasurer who shall keep this money in a separate fund, designated the New Hampshire hazardous waste cleanup fund, notwithstanding RSA 6:12. The state treasurer shall invest the moneys deposited with him as provided by law. Interest received on investments made by the state treasurer shall also be credited to the fund.

III. [Repealed.]


Source. 1981, 413:3. 1983, 227:6. 1986, 158:21; 202:6, I(e). 1996, 228:107, eff. July 1, 1996.

    147-B:4 Siting Program. 

I. The department shall allocate $ 60,000 annually from the fund for the development and implementation of a hazardous waste facility siting program. This program may include the establishment by the state of hazardous waste facility sites in the state to facilitate proper hazardous waste management.

II. Funds allocated to the siting program shall be accounted for separately and managed in accordance with rules adopted by the commissioner. The commissioner may expend moneys from the siting program fund with the approval of governor and council for the purposes of this section.

III. The department, with the assistance of the department of energy, shall administer the hazardous waste facility siting program established under paragraph I. The department and department of energy shall survey the state to identify potential sites within the state which conform to siting criteria adopted under RSA 147-A:3. Following identification of potential sites, the department shall notify the governing body of the town in which the potential site is located.

IV. [Repealed.]


Source. 1981, 413:3. 1983, 227:5. 1986, 120:1; 202:6, I(e). 1996, 228:107, 110. 2003, 319:9. 2004, 257:44, eff. July 1, 2004. 2007, 219:11, I, eff. July 1, 2007. 2017, 156:64, eff. July 1, 2017. 2021, 91:200, eff. July 1, 2021.

    147-B:5 Certification by Governor. 

The governor, upon the recommendation of the commissioner, may certify that circumstances exist which require use of the fund when the treatment, storage, transportation, or disposal of hazardous waste or hazardous materials may cause immediate or long-term danger to the environment or public health and welfare.


Source. 1981, 413:3. 1983, 227:5. 1986, 202:6, I(e). 1996, 228:105, eff. July 1, 1996.

    147-B:6 Purpose and Use of Fund. 

I. The fund shall be used to provide for the adequate and safe containment and cleanup of sites within New Hampshire where hazardous wastes or hazardous materials have been stored or disposed of which threaten the environment or the public health and welfare.

I-a. The fund may be used for conducting department-approved household hazardous waste cleanup projects throughout the state. Expenditures from the fund for such projects shall be matched on a dollar-for-dollar basis by municipalities or by other local or regional entities in accordance with rules adopted by the department under RSA 147-B:7, III. It shall be a purpose of such assistance to enable local and regional entities to educate the public in the importance of the proper management of household wastes which have hazardous or toxic qualities. Programs which receive funding shall include in their proposal a significant public education component. To encourage such programs, the department shall prepare a suggested warrant article which local governmental entities may use to secure the local funding component.

I-b. Fees collected in accordance with RSA 147-A:4 and deposited into the hazardous waste cleanup fund shall be accounted for separately and used in processing hazardous waste facilities' permits and enforcing and implementing conditions of a permit.

I-c. [Repealed.]

I-d. Fees collected in accordance with RSA 147-B:12 and deposited in the hazardous waste cleanup fund shall be accounted for separately and used in the used oil collection program as provided in RSA 147-B:13.

I-e. Fees collected in accordance with RSA 147-F:14 and deposited into the hazardous waste cleanup fund shall be accounted separately and used in funding the operations and staff positions in RSA 147-F, the brownfields program.

I-f. Fees collected in accordance with RSA 147-A:5, III(b) and deposited in the hazardous waste cleanup fund shall be accounted for separately and used to process hazardous waste coordinator certification applications, provide technical training and assistance to coordinators, and hire personnel.

I-g. Fees collected pursuant to RSA 147-A:5, IV (c) and RSA 147-A:6-a shall be deposited in the hazardous waste cleanup fund established in RSA 147-B:3 and shall be accounted for separately and used to manage the hazardous waste generator self-certification program, provide technical training and assistance to hazardous waste generators, hire personnel, and pay administrative costs.

II. After the governor certifies that circumstances require the use of the fund, the department may enter into contracts, agreements, or consultative services and use the fund for the following purposes:

(a) Hiring of consultants and personnel;

(b) Purchase, lease or rental of necessary equipment; and

(c) Other necessary expenses directly associated with the containment and cleanup of hazardous wastes or hazardous materials.

III. The department shall submit all contracts to the governor and council for advance approval, except in emergency situations.

IV. The department may use up to $600,000 per year from the fund to pay for permitting, administrative and enforcement costs associated with the fund.

V. Notwithstanding any other provision of law, the interest and principal due on bonds and notes shall not be paid out of funds from the hazardous waste cleanup fund.

VI. The department may use the fund to support the pollution prevention program established under RSA 21-O:15 through RSA 21-O:22.


Source. 1981, 413:3. 1983, 137:11; 227:6. 1985, 346:1, 2, 5. 1986, 202:6, I(e). 1989, 222:1. 1990, 253:4, 5. 1991, 226:5, 6. 1992, 263:2, 3. 1994, 364:4. 1995, 308:127, VIII. 1996, 228:107; 241:7. 2002, 74:2; 87:4. 2003, 148:5, eff. July 1, 2003. 2022, 326:7, eff. July 8, 2022.

    147-B:7 Rulemaking. 

I. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:

(a) Time, amount and manner of payment of hazardous waste cleanup fund fees;

(b) Required records to be kept by generators and by facility owners or operators of the type and quantity of hazardous waste generated and received;

(c) Certified reports required to be submitted with fee payments by generators and by facility owners and operators;

(d) Exemption from the generator fee for generators participating in hazardous waste recycling programs; and

(e) The exemptions, limitations of liability, and lien priority provisions for holders and fiduciaries, including qualifying holders.

II. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:

(a) Administration of funds allocated to the siting program under RSA 147-B:4, I; and

(b) Purposes for which funds in the siting program may be used, including, but not limited to:

(1) Obtaining independent investigations of proposed sites;

(2) Providing financial assistance to local officials, planning groups, or citizen groups for the study and development of sites;

(3) Obtaining the assistance of an impartial mediator for the voluntary settlement of disputes over the development of sites.

III. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to:

(a) Administration of funds used for the household hazardous waste cleanup projects under RSA 147-B:6, I-a.

(b) Purposes for which funds for such projects may be used.

(c) Types of household hazardous waste projects that may be conducted using fund moneys.

(d) Criteria under which such projects shall be conducted, including, but not limited to, the financial, contractual, safety, and educational requirements for such projects.

IV. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to procedures and criteria for funding used oil collection centers as provided in RSA 147-B:13, and relative to the annual reports submitted by used oil transporters as provided in RSA 147-B:14.

V. [Repealed.]


Source. 1981, 413:3. 1983, 137:12, 13; 227:6. 1985, 346:3. 1986, 202:6, I(e). 1993, 323:14. 1994, 364:5. 1996, 8:7; 228:110. 2002, 74:4, I, eff. June 30, 2002.

    147-B:8 Hazardous Waste Cleanup Fund Fees. 

I. Each hazardous waste generator that generates in a 3-month period 660 pounds or more of unrecycled hazardous waste shall pay a quarterly fee of $0.06 per pound or a minimum of $100, to the department.

I-a. [Repealed.]

II. In computing the amount of hazardous waste generated in a 3-month period, a generator may deduct from the amount of hazardous waste generated the amount of hazardous waste recycled, in a manner approved by the department.

III. A quarterly fee shall be assessed on each hazardous waste facility located in New Hampshire that receives hazardous waste from out-of-state for the purpose of treating, storing, or disposing of such waste. Said fee shall be based solely on hazardous waste received by the facility from out-of-state sources. The fee on such waste shall be no more than $.007 per kilogram ($.003 per pound). The facility's owner or operator shall make the appropriate quarterly fee payments to the department.

IV. The department shall deposit fees collected under this section into the cleanup fund.

V. Failure to pay fees within 60 days of the date due shall result in the assessment of interest at a rate established by the commissioner. The commissioner may waive all or any portion of interest for good cause. The department shall deposit interest collected under this section into the cleanup fund.


Source. 1981, 413:3. 1983, 137:14; 227:6. 1986, 202:6, I(e). 1990, 3:78. 1992, 178:3. 1994, 364:14, III. 1996, 228:107. 1999, 232:1, eff. Jan. 1, 2000. 2007, 219:4, 5, eff. July 1, 2007.

    147-B:9 Exemptions. 

The following shall not be subject to the fees established in RSA 147-B:8:

I. Sludge from publicly owned treatment works located in the state, as defined in rules adopted by the commissioner;

II. Bottom boiler ash and flyash from incinerators which process solely municipal waste, as defined in rules adopted by the commissioner;

III. Hazardous wastes which are recycled and exempt from the fee under RSA 147-B:8, II; and

IV. Wastes resulting from the remediation of environmentally contaminated properties by persons who meet one of the following eligibility criteria:

(a) The person is not liable under RSA 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:

(1) A prospective purchaser of environmentally contaminated property, or

(2) A person who holds a mortgage interest or other security interest in environmentally contaminated property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.

(b) The person is a current owner of environmentally contaminated property, whose liability under RSA 147-B is based solely on the person's status as owner, who did not generate the hazardous waste which constitutes the contamination on the property, and who has not operated, managed, or controlled, either directly or indirectly, the hazardous waste facility on the property.

V. Soil that is a hazardous waste due to lead contamination resulting from the use of the area as a shooting range, provided that clean-up is initiated and completed by the owner in accordance with all applicable laws and department requirements.

VI. Household hazardous waste.


Source. 1981, 413:3. 1983, 227:6. 1986, 202:6, I(e). 1992, 178:4. 1994, 364:6. 1996, 228:110. 1997, 269:2. 2000, 170:1. 2003, 148:6, eff. July 1, 2003.

    147-C:1 Definitions. 

In this chapter:

I. [Repealed.]

II. "Committee" means the municipal hazardous waste facility review committee.

II-a. "Department" means the department of environmental services.

III. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any hazardous waste into or onto any land or water so that the waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters including groundwaters.

IV. "Facility" means any location at which hazardous waste is subjected to treatment, storage, or disposal and may include a facility where hazardous waste has been generated.

V. "Governing body" means the board of selectmen, city council or board of aldermen.

VI. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged;

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954,
 as amended.

VII. [Repealed.]

VIII. "Storage" means the containment of hazardous wastes, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous wastes.

IX. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.


Source. 1981, 567:1. 1983, 227:7, 8, 20, I; 291:1, I. 1986, 158:7, 8; 202:6, I(e), 29, VI. 1996, 228:36, 107, eff. July 1, 1996.

    147-C:2 Notification;  Review Committee. 

I. When the department receives an application for a new hazardous waste facility, the department shall immediately notify the governing body of the municipality in which the facility is proposed to be located. This requirement shall apply to permit applications for treatment, storage, and disposal facilities. A copy of the application shall accompany the notification.

II. Upon receipt of this notice, the governing body may appoint a municipal hazardous waste facility review committee. Members of the committee shall be appointed by a majority vote of the governing body.


Source. 1981, 567:1. 1983, 227:8. 1986, 158:9; 202:6, I(e). 1996, 228:107. 1998, 64:6. 1999, 53:5, eff. July 20, 1999.

    147-C:3 Committee Membership. 

There shall be at least 5, but no more than 9, persons appointed to serve on the committee. At least one member shall be a chemical engineer if such a person is available for appointment. The governing body shall:

I. Appoint to the committee one or more members of:

(a) The planning board, if any,

(b) The board of adjustment, if any,

(c) The conservation commission, if any, and

(d) The fire department, if any; and

II. Appoint one of its own members to serve on the committee; and

III. Appoint one or more additional residents of the town to serve on the committee.


Source. 1981, 567:1. 1983, 137:15, eff. Aug. 6, 1983.

    147-C:4 Duties of the Committee. 

I. The committee shall:

(a) Represent the town in the public hearing process relating to the facility's permit application;

(b) Have access to all information given to and comments made to the department, except that information relative to a facility application obtained by the department which, in the judgment of the federal Environmental Protection Agency or the department, constitutes a trade secret shall not be disclosed to the committee without notice to the owner of the trade secret and an opportunity for hearing. The department may provide information relating to trade secrets to the Environmental Protection Agency, provided that the Environmental Protection Agency guarantees the same degree of confidentiality provided by the department. A "trade secret" means any confidential formula, pattern, device or compilation of information which is used in the employer's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it. A trade secret is known to the employer and those employees to whom it is necessary to confide it;

(c) Comprehensively study the immediate and long-term effects of proposed facilities on:

(1) The health and welfare of people in the vicinity of the facility;

(2) The environment; and

(3) The economy of the area in which the facility would be located; and

(d) Submit a report to the department within 30 days of the end of the public hearing process containing the committee's recommendations regarding the proposed facility, including a recommendation as to whether or not the permit should be granted.

II. The committee shall hold public hearings regarding the proposed facility. The committee shall provide notice of the public hearings by publication in at least one newspaper of general circulation in the community at least 2 weeks prior to the public hearing. The committee shall notify individuals owning property which abuts the proposed facility site of the public hearing in writing by certified mail, return receipt requested.


Source. 1981, 567:1. 1983, 227:8. 1986, 158:10; 202:6, I(e). 1989, 398:6. 1996, 228:107, eff. July 1, 1996.

    147-C:5 Funds. 

The committee may accept private, state or federal funds to pay for independent investigations on proposed sites and for other purposes associated with this chapter.


Source. 1981, 567:1. 1986, 158:11, eff. July 27, 1986.

    147-C:6 Committee's Powers. 

This chapter shall not be deemed to permit the committee to preempt the powers of any local board or other local authority relative to the regulation of zoning and planning.


Source. 1981, 567:1, eff. June 30, 1981.

    147-C:7 Rehearing. 

I. If the department issues a permit to a facility which, in the judgment of the committee, does not adequately protect the health and safety of the residents of the town, the committee may appeal to the waste management council established under RSA 21-O:9 for review in accordance with rules adopted by the council under RSA 21-O:14, IV. A petition for review shall specify the contested issues.

II. Such an appeal shall take precedence over other time schedules in rules adopted by the council.

III. The waste management council shall provide for a rehearing upon the issues specified by the committee. The rehearing shall take place within 30 days of the committee's request for a rehearing.

IV. The council shall issue a decision within 15 days of the rehearing.


Source. 1981, 567:1. 1983, 227:8. 1986, 158:12; 202:6, I(e). 1989, 341:7. 1996, 228:37, eff. July 1, 1996.

    147-D:1 Definitions. 

In this chapter:

I. [Repealed.]

I-a. "Department" means the department of environmental services.

II. "Disposal" means the discharge, deposit, incineration, injection, dumping, spilling, leaking or placing of any hazardous waste into or onto any land or water so that the hazardous waste or any constituent of the waste may enter the environment, be emitted into the air, or be discharged into any waters including groundwaters.

III. "Facility" means any location to which hazardous waste which requires a manifest under the hazardous waste management law is transported for treatment, storage or disposal.

IV. "Fee" means the fee imposed under RSA 147-D:2.

V. "Governing body" means the board of selectmen, city council or board of aldermen.

VI. "Hazardous waste" means a solid, semi-solid, liquid or contained gaseous waste, or any combination of these wastes:

(a) Which, because of either quantity, concentration, or physical, chemical, or infectious characteristics may:

(1) Cause or contribute to an increase in mortality or an increase in irreversible or incapacitating reversible illness; or

(2) Pose a present or potential threat to human health or the environment when improperly treated, stored, transported, disposed of or otherwise mismanaged;

(b) Or which has been identified as a hazardous waste by the department using the criteria established under RSA 147-A:3, I or as listed under RSA 147-A:3, II. Such wastes include, but are not limited to, those which are reactive, toxic, corrosive, ignitable, irritants, strong sensitizers or which generate pressure through decomposition, heat or other means. Such wastes do not include radioactive substances that are regulated by the Atomic Energy Act of 1954,
 as amended.

VI-a. [Repealed.]

VII. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, United States government or any agency thereof, political subdivision of the state, or any interstate body.

VIII. "Storage" means the containment of hazardous waste, either on a permanent basis or on a temporary basis or for a period of years, in such a manner as not to constitute disposal of the hazardous waste.

IX. "Treatment" means any process, including neutralization, designed to change the physical, chemical or biological character or composition of any hazardous waste so as to neutralize the waste or to render the waste not hazardous, safer for transport, amenable to recovery, amenable to storage or reduced in volume.


Source. 1981, 521:2. 1983, 227:9, 10, 20, I; 291:1, I. 1986, 202:6, I(e), 29, VI. 1996, 228:38, 107, eff. July 1, 1996.

    147-D:2 Hazardous Waste Fees. 

I. A town may, by bylaw, levy a fee on any hazardous waste facility located in the town.

II. The fee may not exceed $.007 per kilogram ($.003 per pound).

III. The fee shall be based on the amount of hazardous waste received by the facility for treatment, storage or disposal for the preceding quarter. The fee shall be paid within 15 days of the end of the last month in the quarter.


Source. 1981, 521:2, eff. Aug. 28, 1981.

    147-D:3 Payment of Fees;  Report. 

I. The owner of the facility shall pay all fees to the town treasurer for the use of the town.

II. With each fee payment, the owner of the facility shall submit a report on the amount of hazardous waste received and stored, treated or disposed of at the facility during the quarter for which the fee is paid. The report shall be made on a form prepared by the department.


Source. 1981, 521:2. 1983, 227:10. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.

    147-D:4 Fee Imposed by Department. 

I. If the owner of a facility stores, treats or disposes of hazardous waste but does not pay a fee required under this chapter, the governing body of the town may request the department to report to the town the amount of hazardous waste stored, treated or disposed of at the facility for any quarter.

II. The town may then notify the owner of the facility of fees due the town and shall provide documentation from the department to support the claim. The operator of the facility shall pay all fees due upon receipt of this notice.


Source. 1981, 521:2. 1983, 227:10. 1986, 202:6, I(e). 1996, 228:107, eff. July 1, 1996.

    147-D:5 Proof of Insurance. 

When locating in a town, the owner of the facility shall show to the local governing body proof of insurance, including, but not limited to, environmental impairment insurance and liability insurance.


Source. 1981, 521:2, eff. Aug. 28, 1981.

    147-D:6 Penalty. 

Any person shall be guilty of a misdemeanor who:

I. Does not pay a fee imposed under this chapter; or

II. Knowingly gives or causes to be given any false information in connection with any report required to be submitted to a town under this chapter.


Source. 1981, 521:2, eff. Aug. 28, 1981.

    147-F:1 Findings and Purpose. 

I. The general court finds that it is in the public interest to encourage the redevelopment of industrial, commercial, residential and other properties that have been subject to environmental contamination. The strict liability imposed on owners and operators of contaminated property under existing environmental statutes has had the unintended result of discouraging the repurchase and reuse of some contaminated properties. These properties, often referred to as brownfields, are therefore frequently abandoned or underused. The general court also finds that it is appropriate to consider the risk posed by the contamination to human health and the environment in light of enforceable restrictions on the future use of the property when establishing cleanup goals for a contaminated property.

II. The purpose of this chapter is to give incentives to parties interested in the redevelopment of contaminated properties by facilitating the remedial process and by providing comprehensive liability protection to parties who assume responsibility for property remediation without preexisting liability for cleanup or whose existing liability is premised solely upon their status as an owner under strict liability statutes.

III. It is the further intent of this chapter to expedite the voluntary cleanup of all contaminated properties by application of the remedial process and approach provided herein where the contaminated property or party conducting the remediation does not qualify for comprehensive liability protection.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:10 Eligibility Determination With Respect to Covenant Not to Sue. 

I. Within 30 days of receiving a complete application, the department shall make a determination of eligibility in accordance with RSA 147-F:4 after review and approval by the department of justice. The department shall send its written determination to the applicant and the municipality within which the property is located. If the department denies eligibility, it shall provide the applicant with a statement of the reasons therefor.

II. With notice of eligibility, the department shall provide the applicant with a tentative schedule for document submittal and department review of each subsequent stage of the remediation process provided under this chapter.

III. The applicant may request in writing that the commissioner of the department, in conjunction with the department of justice, review an eligibility denial. The commissioner shall issue a final decision, after review and approval by the department of justice. No appeal of the commissioner's final decision shall be available.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:11 Site Investigation and Remedial Action Plan. 

I. Any person who is deemed eligible by the department for a covenant not to sue pursuant to RSA 147-F:4, and any other person who wishes to voluntarily undertake the investigation or remediation of a property and who obtains the concurrence of the department to do so, shall submit a work plan for a comprehensive site investigation to the department. The site investigation work plan shall be in the form and shall contain all information required by the department in accordance with rules adopted pursuant to RSA 147-F:18. The purpose of the site investigation is to gather sufficient information about the property and contamination to identify and justify a preliminary recommendation for remediation. The participant shall submit any additional information required by the department during its evaluation of the work plan, or the participant may withdraw from the program as provided in this chapter.

II. An initial program participation fee shall accompany the site investigation work plan in accordance with RSA 147-F:14, II. Upon submittal of a site investigation work plan and payment of the initial program participation fee, a person shall be considered a program participant.

III. In addition to the application and program participation fees, the program participant shall be responsible for all reasonable notice and hearing costs associated with property redevelopment under this chapter. The program participant shall reimburse the department for such costs upon written request.

IV. The department shall evaluate the site investigation work plan and shall either approve, approve with conditions or disapprove the work plan. If the department approves with conditions or disapproves, the program participant shall resubmit a revised work plan, or the participant may withdraw from the program as provided in this chapter.

V. Upon completion of the site investigation, the program participant shall submit a site investigation report, or the participant may withdraw from the program as provided in this chapter. The site investigation report shall be in the form and shall contain all information required by the department in accordance with rules adopted pursuant to RSA 147-F:18. The site investigation report shall at a minimum:

(a) Define the source, nature, concentration and extent, including geologic and hydrologic extent, of each contaminant present on or in the property.

(b) Define all known and possible pathways for contaminant migration.

(c) Identify all relevant sensitive receptors.

(d) Evaluate the current and long-term risk from contamination to human health and the environment.

(e) Provide a preliminary recommendation, with justification and consideration of alternative approaches where appropriate, for abatement, removal, remediation and monitoring activities at the property.

(f) Recommend a risk assessment to be conducted in a manner satisfactory to the department of health and human services and the department of environmental services if the proposed remedial approach does not require complete source removal.

VI. The department may approve the site investigation report, or may require revisions to the report, additional investigation under an amended work plan, or both, before approving the report. The participant shall conduct such additional site investigation work and make such revisions as are required by the department after the department's review of the report, or the participant may withdraw from the program as provided in this chapter.

VII. After approval of the site investigation report by the department, the program participant shall prepare a remedial action plan, unless the department determines that no further activity is required at the property. If the participant decides not to submit a remedial action plan in response to a department request for such a plan, the participant may withdraw from the program as provided in this chapter. A remedial action plan shall describe in detail a remedial strategy for the property that shall ensure protection of human health and the environment and shall:

(a) Address all elements required by department rules adopted pursuant to RSA 147-F:18.

(b) Address all sources of contamination, either by removal, containment or treatment.

(c) Ensure protection of the groundwater off-site, providing for off-site remediation, or at a minimum, a plan for continued monitoring of the groundwater while contamination remains.

(d) Describe the cleanup approach for each known contaminant during the active phase of remediation and at completion of the remedy by which performance standards will be met.

(e) Include a risk assessment, which is satisfactory to the department of health and human services and an environmental risk assessment satisfactory to the department of environmental services, that define the risk to human health and the environment where contaminant concentrations are to remain higher than established performance standards.

(f) Recommend use restrictions on the proposed and future uses of the property where necessary to protect human health and the environment and describe in detail how such restrictions will be imposed and maintained, including an analysis of the long-term feasibility of maintaining such use restrictions.

(g) Describe anticipated site stabilization measures for each phase of the remedial action, including cost estimates for achieving site stabilization if remedial work were to be stopped at the property before accomplishing all of the tasks specified in the approved remedial action plan.

VIII. After evaluation and consideration of public comments, if any, the department shall approve, approve with conditions or disapprove the remedial action plan. If the department approves with conditions or disapproves, the program participant shall submit a revised remedial action plan, or the participant may withdraw from the program as provided in this chapter.

IX. A program participant may elect to condense the submittal and review process described in this section after receiving a determination of eligibility or department approval to participate in the program. A program participant shall obtain the approval of the department for an alternative schedule of submissions. The department may require after-the-fact development of work plans, additional investigation, report supplementation, or resubmittal as necessary to obtain an approvable remedial action plan.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:12 Approval of Remedial Action Plan. 

I. Upon receipt of a remedial action plan, the department shall provide public notice of the proposed remedial action. The notice shall provide a date for a public information meeting where there is significant environmental impact.

II. An approved remedial action plan shall provide for all removal, remedial, monitoring and other activities required to protect human health and the environment and to meet all applicable cleanup standards. The department's approval shall include a designation of the activities that must be completed before a certificate of completion will be issued in accordance with RSA 147-F:13, III.

III. The department may accept alternative risk-based cleanup standards based upon risk assessments developed pursuant to RSA 147-F:11, VII(e).

IV. The department may approve a remedial action plan for all, or a portion of, contamination at the property. The department shall impose such conditions on the redevelopment and use of the property as it finds necessary or proper to assure that the contamination on the site does not pose an unacceptable risk to human health and the environment during and after completion of the remedial action plan.

V. Upon approval of a remedial action plan:

(a) The department shall issue to the program participant a notice of approved remedial action plan that identifies the property, provides a general description of the contamination and summarizes the main components of the remedial action plan, including all specific restrictions on future use of the property.

(b) The department of justice shall issue a covenant not to sue to a program participant determined to be an eligible person pursuant to RSA 147-F:4. The covenant not to sue shall be in a form and subject to the conditions set forth in RSA 147-F:6.

VI. The program participant shall immediately record the notice of approved remedial action plan in the registry of deeds for the county in which the property is located.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:13 Performance and Completion of Remedial Action. 

I. The program participant shall perform all activities required by the approved remedial action plan and shall provide the department with regular progress reports regarding the work.

II. The department may require amendment of the remedial action plan at any time during its performance as necessary to attain the cleanup levels established in the remedial action plan in light of the approved risk assessments.

III. Upon completion of the activities specified in the approved remedial action plan, a program participant shall file with the department a completion report in form and content satisfactory to the department. Once the department determines that the required activities have been completed according to the requirements of the approved remedial action plan, that monitoring requirements are being met, that any necessary use restrictions have been implemented, and that all fees and costs due under this chapter have been paid, the department shall issue to the program participant a certificate of completion, which shall certify that the work is completed and shall include a description of any use restrictions, monitoring requirements and any other conditions that remain in effect with respect to the property.

IV. Upon receipt of a notice of a certificate of completion, a program participant shall file the document with the related covenant not to sue in the registry of deeds for the county in which the property is located.

V. If at any time the department determines, including upon petition or request by a program participant, that no further investigation, remediation, or other activities are required, the department shall issue a certificate of no further action in a form suitable for recordation, which shall so state, and which shall include a description of any remaining required use restrictions or monitoring requirements, or a statement that there are no remaining use restrictions or monitoring requirements.

VI. Upon a determination by the department, in consultation with the department of health and human services where appropriate, that property use restrictions may be terminated or shall otherwise be modified pursuant to RSA 147-F:15, the department shall issue to the program participant, in a form suitable for recordation, a notice of such determination. The department shall ensure that all such notices are recorded promptly in the registry of deeds for the county in which the property is located, either by undertaking the recordation itself, or by requiring the program participant to do so.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:14 Fee Schedule. 

I. Any person, except for the state and local governments, including school districts, who requests an eligibility determination under RSA 147-F:4 shall pay a nonrefundable application fee of $750 for program eligibility which shall be deposited in the hazardous waste cleanup fund. Any resubmittal of an incomplete application shall require an additional $500 for each resubmission.

II. Any eligible person, except for the state and local governments, including school districts, who has previously paid the initial application fee, or any person who becomes a program participant under RSA 147-F:5, V, shall pay a nonrefundable $4,500 fee which shall be deposited in the hazardous waste cleanup fund and used for purposes of the review work performed by the department under this chapter.

III. Any department costs exceeding the fee established in RSA 147-F:14, II, shall be charged bi-monthly to the program participant at hourly rates which include, but are not limited to, staff salaries, benefit costs, current operating expenses, legal and risk assessment review costs and travel. The hourly fees shall be deposited in the hazardous waste cleanup fund and used for the purposes of RSA 147-F.


Source. 1996, 241:2, eff. July 1, 1996. 2007, 219:7, eff. July 1, 2007.

    147-F:15 Restrictions on Future Property Use. 

I. The department shall require the imposition of controls on the use of the property as necessary to protect human health and the environment during and after implementation of the remedial action plan.

II. The department may require the imposition or maintenance of some or all of the following controls or use restrictions without limiting state authority to implement other appropriate controls:

(a) Use limitations required by risk-based exposure criteria used in developing the remedial action plan.

(b) Prohibitions against physical changes to the property.

(c) Obligations to install and/or maintain protective barriers that control remaining sources of contamination.

(d) Necessary restrictions on groundwater use and requirements for the provision of alternative water supplies.

III. The department shall include all use restrictions imposed on the property in the notice of approved remedial action plan in accordance with RSA 147-F:12, V(a).

IV. The department may remove or modify use restrictions independently of the property owner by filing a release or modification of the restrictions in chain of title for the property. Any modification under this paragraph which would result in an increased restriction on the use of the property shall be based on a determination by the department that such a modification is necessary to protect human health or the environment. Before removing or modifying such use restrictions, the department shall consult with the department of health and human services and, at least 30 days prior to the filing of a release or modification of restriction, the department shall notify the owner and each mortgagee of record at their last known address by certified mail, return receipt requested, of the impending release or modification of the restrictions. For the purposes of this paragraph, any mortgagee whose mortgage was recorded in the office of the register of deeds at least 30 days prior to the mailing of the notice shall be entitled to notice. The department shall comply with the public participation requirements of RSA 147-F:12, I. The property owner, the program participant if other than the owner, and any mortgagee entitled to notice who is aggrieved by a decision to remove or modify a use restriction may appeal such decision to the commissioner of the department, whose decision shall be final.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:16 Other Program Requirements. 

I. A program participant shall:

(a) Ensure stabilization of the property in accordance with RSA 147-F:8, I(b) before withdrawal from the program.

(b) Cooperate with the department throughout site investigation and remediation.

(c) Upon withdrawal from the program, provide the department with all non-privileged, material documents and information relating to the performance of site investigation or remedial activities at the property.

(d) Provide access to the department for all environmental compliance or remedial activities at the property until issuance of a certificate of completion.

(e) Provide access to any person acting pursuant to department approval for the purpose of conducting any investigative or remedial activity related to the contamination at the property until issuance of a certificate of completion.

(f) Promptly report any release or threat of release caused or exacerbated during remedial activities.

(g) Undertake emergency response action as required by the department to address releases or threats of releases at the property before completion of the remedial action plan.

(h) Pay all program fees as required by this chapter.

II. The obligations set forth in Paragraph I shall continue until the property is transferred to a successor owner, except the obligations of subparagraph I(a) shall continue until a successor owner stabilizes the site or completes implementation of a remedial action plan to the satisfaction of the department, and the transferor shall not be relieved of the obligations of subparagraph I(c).


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:17 Sale or Transfer of Property in Program. 

I. Property in the brownfields program may be transferred to a successor owner at any time during the remedial process. A successor owner may participate in the brownfields program as provided in this section after receiving an eligibility determination under RSA 147-F:10 and paying the program fee under RSA 147-F:14.

II. If transfer of the property is made before approval of a remedial action plan, the successor owner, upon receipt of an eligibility determination and payment of the program fee, shall:

(a) Become a program participant.

(b) Continue with pre-remedial activities at the property.

(c) Be vested with all benefits and obligations provided in this chapter, including responsibility for immediate site stabilization if necessary.

III. If transfer of the property is made after approval of the remedial action plan but before certification of completion in accordance with RSA 147-F:13, the successor owner, after receipt of an eligibility determination and payment of the program fee, shall:

(a) Become a program participant.

(b) Assume responsibility for completion of the approved remedial action plan, which shall be amended at the request of the successor to extend or modify the schedule for completion of remedial activities, but only if the site has been stabilized to the department's approval.

(c) Receive a covenant not to sue in accordance with RSA 147-F:6.

IV. If transfer of the property is made after certification of completion in accordance with RSA 147-F:13, the successor owner shall enjoy the full benefit of the covenant appurtenant to the property and shall comply with all conditions of that covenant. The transferor of property in the program shall certify compliance with the approved remedial action plan, including all use restrictions. This certification shall be provided in writing to the successor owner at the time of transfer, with a copy to be provided to the department.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:18 Rulemaking. 

I. The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to the administration of the brownfields program, including:

(a) The form and content of the eligibility application and accompanying certificate, the site investigation work plan and report, the remedial action plan, the environmental risk assessment and other submittals to the department, and the certificate of compliance upon property transfer.

(b) The scope of the preliminary environmental assessment, site investigation and environmental risk assessment.

(c) The application and review process, including a checklist of the documents and information required for a complete application.

(d) Public participation.

(e) Procedures for administrative review of eligibility determinations.

(f) Criteria for remediation and site stabilization.

(g) Long-term oversight and monitoring of properties with residual contamination.

(h) Criteria for imposition of use restrictions.

(i) Program fees structure, including procedures for maintaining records of department costs for the purpose of offsetting the initial fee and obtaining reimbursement in accordance with RSA 147-F:14.

(j) Such other rules as are necessary to carry out the provisions of this chapter.

II. The department shall consult with the department of health and human services to establish appropriate procedures for review and approval of risk assessments for sites for which the department determines that risk assessments shall be conducted.


Source. 1996, 241:2, eff. July 1, 1996. 2007, 219:8, eff. July 1, 2007.

    147-F:19 Enforcement. 

I. The attorney general may institute an action before the superior court for the county in which the property is located or the superior court for Merrimack county against any person to enforce the terms of a covenant issued under this chapter.

II. If the department determines that an emergency exists at a property in the program requiring immediate action to protect the public health or environment, it may issue an order stating that an emergency exists and requiring that such action be taken as it judges necessary to meet the emergency. The order shall be effective immediately. Any person to whom such an order is directed shall comply immediately, but may appeal to the superior court for the county in which the property is located.

III. Upon petition of the attorney general, the superior court may impose a civil penalty not to exceed $25,000 for each day of a continuing violation upon any person who:

(a) Violates a use restriction imposed under this chapter.

(b) Made a material misrepresentation in any certificate or report submitted to the department under this chapter. Civil penalties imposed under this section shall be paid to the hazardous waste cleanup fund established by RSA 147-B.

IV. Any person who knowingly commits a violation listed in paragraph III of this section shall be guilty of a felony and, notwithstanding RSA 651:2, may in addition to any sentence of imprisonment, probation or conditional discharge, be fined no more than $25,000 for each violation if found guilty pursuant to this section. Each day of violation shall constitute a separate offense. Criminal penalties imposed under this section shall be paid to the hazardous waste cleanup fund established by RSA 147-B.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:2 Establishment of Program. 

An environmental cleanup program is hereby established to further the redevelopment of contaminated properties. The cleanup program shall be administered by the department. The department of health and human services shall assist the department as necessary by the review of risk assessments for properties for which the department determines that risk assessments shall be conducted. The department of justice shall issue covenants to eligible persons in accordance with RSA 147-F:6.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:20 State Brownfields Cleanup Revolving Loan Fund. 

Authority is granted for the state of New Hampshire to participate in the federally funded state brownfields cleanup revolving loan funds as may be provided under the Comprehensive Environmental Response, Compensation, and Liability Act, or related federal legislation as amended from time to time. The loan funds shall be administered by the commissioner, under rules adopted by the commissioner pursuant to RSA 541-A.


Source. 2000, 82:1, eff. June 20, 2000.

    147-F:3 Definitions. 

In this chapter, the following words shall have the following meanings, unless the context otherwise requires:

I. The definitions of terms provided in RSA 147-B:2 shall be applicable to this chapter to the extent those terms are used in this chapter unless otherwise defined herein.

II. "Brownfields" means properties which have been environmentally contaminated, subject to the limitations of RSA 147-F:4, II.

III. "Contaminant" or "Contamination" means hazardous waste, hazardous materials (without regard to whether transported in commerce), or oil, as defined in RSA 146-A:2, III.

IV. "Department" means department of environmental services.

V. "Eligible person" means a person who meets the criteria under RSA 147-F:4, I, and who qualifies for a covenant not to sue.

VI. "Person" means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, limited liability company, municipality, commission, and the state or a political subdivision of the state.

VII. "Program" means the brownfields program established by this chapter.

VIII. "Program participant" means any person, whether or not eligible for the liability protections created by this chapter, who is approved by the department to use the remedial process prescribed by this chapter.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:4 Eligibility for Program. 

I. A person is eligible to participate in the program if the person qualifies under one of the following categories:

(a) The person is not liable under RSA 147-B for any release or threatened release of a contaminant or contaminants at the property and is either:

(1) A prospective purchaser of eligible property; or

(2) A person who holds a mortgage interest or other security interest in eligible property, including a municipality with respect to property on which there are overdue real estate taxes due to the municipality.

(b) The person, including a municipality, is a current owner of eligible property whose liability under RSA 147-B is based solely on the person's status as owner and who did not cause or contribute to the contamination at the property.

II. Any environmentally contaminated property is eligible unless one of the following conditions applies:

(a) The property is not in compliance with any corrective action order issued under RSA 147-A or any other compliance order issued under a state or federal environmental program and the department determines that the property will not be brought into substantial compliance as a result of participation in the cleanup program.

(b) The property is eligible for cost reimbursement from the oil discharge and disposal cleanup fund, the fuel oil discharge cleanup fund or the motor oil discharge cleanup fund, unless it receives substantially less than full reimbursement from these funds.

III. A person seeking a determination of eligibility shall submit to the department a certificate signed under oath that includes all information the department of justice determines is necessary to verify eligibility.


Source. 1996, 241:2. 1997, 264:2, eff. June 19, 1997.

    147-F:5 Available Relief. 

I. Any person who meets the eligibility conditions of RSA 147-F:4 may request the assistance of the department in overseeing the investigation and remediation of an eligible property. An eligible person shall be entitled to the liability protections provided in RSA 147-F:7 and shall receive a covenant not to sue issued in accordance with RSA 147-F:6 upon approval of a remedial action plan for the property.

II. A successor owner or successor owners of an eligible property may receive a covenant not to sue in accordance with the terms and conditions of RSA 147-F:17.

III. A holder of a mortgage or other security interest in the eligible property, including a municipality with a tax lien, shall notify the department in connection with a foreclosure or other acquisition or transfer of title or possession of an eligible property, of an intention to continue in the program on the same terms as the original eligible person, or may elect to retain the status of a holder of property in accordance with RSA 146-A:3-c, RSA 146-C:11-a, or RSA 147-B:10, as applicable.

III-a. A municipality that acquires an environmentally contaminated property by tax deed in order to convey the property to an eligible person in the brownfields program shall be entitled to the liability protection provided in RSA 147-F:7.

IV. A lessee or tenant (that itself would qualify as an eligible person) of the eligible property under agreement with an eligible person who is implementing an approved remedial action plan under the program shall not be subject to suit described in RSA 147-F:6, I, by the state for the contamination.

V. Any person who is not an eligible person may use the remedial process provided in RSA 147-F:11 through RSA 147-F:16 at the discretion of the department. The department may issue a no-action letter, certificate of partial cleanup, or certificate of completion to any such person upon completion of an approved remedial action plan for full or partial remediation.

VI. The relief afforded under this chapter extends only to liability or potential liability arising under state law. It is not intended to provide any relief as to liability or potential liability arising under federal law.


Source. 1996, 241:2. 1997, 264:3, eff. June 19, 1997.

    147-F:6 Covenant Not to Sue. 

I. The covenant not to sue shall protect against liability for contamination addressed by an approved remedial action plan, including any modifications made pursuant to RSA 147-F:13, II.

II. The covenant shall be in a form approved by the department of justice and shall contain a general description of the property and the contamination, a summary of the approved remedial action plan and a detailed description of any use restrictions placed on the property, including their scope and purpose, and the possibility of additional or modified use restrictions imposed by the department in accordance with RSA 147-F:15, IV. The covenant shall be expressly conditioned upon the provisions of paragraphs III and IV of this section.

III. (a) The covenant shall be voidable if the holder of the covenant:

(1) Engages in activities at the property that are inconsistent or interfere with the approved remedial action plan;

(2) Withdraws from the program before completion of the remedial action plan and fails to stabilize the property in accordance with RSA 147-F:8;

(3) Violates any use restrictions imposed on the property by the department in accordance with RSA 147-F:15; or

(4) Fails to comply with program requirements under RSA 147-F:16.

(b) The holder of the covenant shall be given a reasonable opportunity to cure the noncompliance after notice by the department, except that any knowing violation of any use restriction shall void the covenant. Notwithstanding cure, the holder of the covenant shall be liable for the increased harm to human health and the environment caused by the noncompliance.

IV. The covenant shall be void if the holder of the covenant obtained a determination of eligibility under RSA 147-F:4 or any approval under this chapter by fraud or material misrepresentation, by knowingly failing to disclose material information, or by providing a false certification to the department.

V. If the covenant is voided under paragraph III or paragraph IV of this section, the holder shall be strictly liable under the provisions of RSA 146-A, RSA 146-C, RSA 147-A and RSA 147-B, as applicable.

VI. The covenant shall be appurtenant to the property as follows:

(a) Upon recordation with the certificate of completion issued in accordance with RSA 147-F:13, III, the covenant not to sue shall be appurtenant to, bind and run with the eligible property. The property deed and all subsequent instruments of conveyance relating to the eligible property shall reference, by book and page number, the covenant not to sue and the certificate of completion. Such deed and instruments shall also specify that the eligible property is subject to the restrictions contained in those documents.

(b) No provision of the covenant shall be deemed void by reason of the rule against perpetuity.

(c) The rule of property law known as the rule restricting unreasonable restraints on alienation shall not be applied to defeat, limit or modify any provision of the covenant not to sue restraining the use of or physical activity at the eligible property.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:7 Liability Protection Before Covenant Issues. 

I. Site investigation and pre-remedial activities conducted at the property during participation in the program shall not trigger liability for remediation of preexisting contamination at the property solely because of the eligible person's status as owner or operator of the property under the strict liability provisions of RSA 146-A, RSA 146-C, RSA 147-A or RSA 147-B, as applicable.

II. An eligible person participating in the program shall not be liable for the remediation of additional contamination or increased environmental harm caused during site investigation or pre-remedial activities unless attributable to the eligible person's negligent or reckless conduct, except as provided in RSA 147-F:8, I(b).

III. An eligible person who withdraws from the program after site stabilization as provided in RSA 147-F:8 shall not be strictly liable as an owner under RSA 147-B:10 for preexisting contamination at the property that is known or foreseeable based upon information submitted to the department before withdrawal from the program unless the eligible person:

(a) Engages in activities at the property that are inconsistent or interfere with the approved remedial action plan;

(b) Violates any use restrictions imposed on the property by the department in accordance with RSA 147-F:15, and fails to cure after notice;

(c) Does not promptly report and address contamination caused or exacerbated by the holder's negligent or reckless acts during remedial activities as required by the department; or

(d) Fails to comply with the requirements of RSA 147-F:16, and fails to cure after notice.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:8 Withdrawal From the Program. 

I. A program participant may withdraw from the program at any stage before or after approval of the remedial action plan. To withdraw from the program, the program participant must:

(a) File a notice of intent to withdraw with the department.

(b) Stabilize the site in accordance with a site stabilization plan approved by the department. Site stabilization is limited to those actions necessary to ensure that work conducted at the property has not caused greater risk to human health and the environment than existed before the remedial work was commenced, and to ensure that the property will not pose an imminent hazard to human health or the environment.

(c) Pay all outstanding fees accrued by the department in connection with the property's participation in the program, including fees associated with site stabilization.

II. Withdrawal from the program as provided in this section before completion of the approved remedial action plan shall not be considered inconsistent or interference with the approved remedial action plan and will not void the covenant.


Source. 1996, 241:2, eff. July 1, 1996.

    147-F:9 Application for Participation in Covenant Not to Sue Program. 

I. Any person may submit an application to the department for a determination of that person's eligibility to obtain a covenant not to sue as part of that party's participation in the program administered under this chapter. The application for eligibility for a covenant not to sue shall be in the form and shall include all information the department requires in accordance with rules adopted under RSA 147-F:18.

II. A complete application for an eligibility determination for a covenant not to sue shall in substance consist of:

(a) The information required by the department's application form.

(b) A preliminary environmental assessment of the property, including a legal description of the property, its geologic and hydrologic characteristics, operational history, information about the nature and extent of contamination and its associated risk to human health and the environment, and any other information requested by the department regarding the property.

(c) A description of the proposed redevelopment and future use of the property.

(d) Any information necessary for the department to make a determination of eligibility in accordance with RSA 147-F:4.

(e) A non-refundable application fee of $750.

(f) A certificate under oath signed by the applicant that provides in substance that:

(1) The applicant and the property are eligible for the program and for a covenant not to sue.

(2) The applicant understands and has complied with the limitations and restrictions relative to the liability protection available under the program.

(3) The information in the application and environmental assessment is accurate and complete to the best of the applicant's knowledge.

(4) The concurrence of the property owner has been obtained, or the property owner's implied consent has been obtained by virtue of a mortgage or other written agreement signed by the owner, or, after a diligent search, the current owner or legal representative thereof could not be located.

(5) The applicant understands and acknowledges that the liability protection under this chapter, including a covenant not to sue, shall be forfeited if the applicant decides not to complete an approved remedial action plan and does not complete site stabilization measures pursuant to RSA 147-F:8; and acknowledges that it may be appropriate accordingly to establish a contingency or escrow fund to cover the costs of site stabilization measures.

III. The applicant shall provide the governing body of the municipality in which the property is located and adjacent property owners with notice of the application when submitted to the department, and shall provide the municipality with a complete copy of the application.

IV. The department shall review the application for completeness within 10 working days of receipt. The department shall promptly notify the applicant in writing if the application is incomplete. If the applicant fails to provide the necessary supplemental information within 30 days of such notification, the department may return the application to the applicant. Any subsequent reapplication shall require an additional application fee.


Source. 1996, 241:2, eff. July 1, 1996. 2007, 219:6, eff. July 1, 2007.

    147:1 Local Regulations. 

I. The health officers of towns may make regulations for the prevention and removal of nuisances, and such other regulations relating to the public health as in their judgment the health and safety of the people require, which shall take effect when approved by the selectmen, recorded by the town clerk, and published in some newspaper printed in the town, or when copies thereof have been posted in 2 or more public places in the town.

II. The health officers of towns may make regulations relative to the sanitary and health conditions for issuing a license to restaurants or other food serving establishments operating within the town limits, subject to the approval of the commissioner of the department of health and human services.

(a) Notwithstanding any other law to the contrary or other licensing authority, any restaurant or other food serving establishment found to be in violation of the sanitary and health code adopted may be closed without a hearing for a 10-day period or until the violation is corrected and the sanitary condition is approved by the local health officer.

(b) If the sanitary or health violations are not corrected within the 10-day period, the local health officer may suspend the license to operate the restaurant or other food serving establishment after notice and hearing.

III. Any person wilfully violating such regulations shall be guilty of a violation. Such health officers shall forward, when issued, copies of all regulations made by them to the department of health and human services and furnish it such information concerning their work as may be requested. They shall be paid by the town a reasonable compensation for their services and all expenses incurred by them in the performance of their duty; and the selectmen are required to advance them such sums as may be necessary, of which and of all their receipts and disbursements they shall, before each annual town meeting, render an account to the selectmen, to be laid before the town.


Source. RS 119:1. CS 125:1. GS 101:1. GL 111:1. 1887, 62:4. PS 108:1. PL 140:1, 22, 23. RL 165:1. RSA 147:1. 1981, 211:2. 1983, 291:1, I. 1995, 310:181, 182, eff. Nov. 1, 1995.

    147:10 Nuisances;  When;  Regulations. 

No privy, toilet, sink, drain, cesspool, septic tank, or the discharges from such facilities, and no pen or sty for swine, shall be erected or continued in such place or condition as, in the judgment of the health officers, to be a nuisance or injurious to the public health. The health officer may make, in the manner provided in RSA 147:1, such regulations as necessary to ensure the safety and adequacy of subsurface sanitary disposal systems within the municipality. Nothing in this section shall be construed to limit the authority conferred upon the department of environmental services under RSA 485-A.


Source. RS 119:9. CS 125:9. GS 101:9. GL 111:11. 1887, 62:2. 1889, 8:1. PS 108:10. PL 140:10. 1935, 29:2. RL 165:10. RSA 147:10. 1985, 212:1. 1989, 339:17. 1996, 228:108, eff. July 1, 1996.

    147:11 Discontinuance;  Penalty. 

The health officers may, in writing, order the discontinuance of any nuisance or that a privy located within 100 feet of a public sewer shall be connected to the sewer. In cities or towns having a water and sewerage system, the health officers may, in writing, order the discontinuance of any privy or vault located on premises within 100 feet of a public sewer, and the establishment of a flushing closet connected with such sewer. If any person continues the nuisance after an order from the health officers, or neglects to comply with an order made under this section or RSA 147:4, such person shall be guilty of a violation for each day of the continuance or neglect. Nothing in this section shall prohibit cities, towns, or village districts, by ordinance or by regulation adoption under this chapter, from increasing the 100-foot distance contained in this section.


Source. RS 119:9. CS 125:9. GS 101:9. GL 111:11. 1887, 62:2. 1889, 8:1. PS 108:11. 1907, 106:2. 1909, 113:1. PL 140:11. 1935, 29:3. RL 165:11. RSA 147:11. 1973, 531:27. 1985, 198:2. 1998, 318:7, eff. Aug. 25, 1998.

    147:12 Sewer Fees. 

Nothing in the preceding sections shall be construed as permitting a rental, license, or other sewer fee that is unreasonable in the opinion of the local board of health.


Source. 1907, 106:3. PL 140:12. RL 165:12.

    147:13 Offensive Matter. 

If a person shall place, leave, or cause to be placed or left, in or near a highway, street, alley, public place, or wharf or on a private disposal site or shall allow to be exposed unburied, any animal or other substance liable to become putrid or offensive, or injurious to the public health or deposits garbage or refuse on premises not designated for waste disposal in accordance with RSA 149-M or other provisions of law, such person shall be guilty of a violation, and the health officer shall remove or cause to have removed the same. Nothing in this section shall be construed as affecting authorized collections of garbage or refuse for public dumping facilities.


Source. RS 119:7, 12. CS 125:7, 12. GS 101:7. 1878, 31:1. GL 111:9. 1879, 57:21. 1883, 53:1. PS 108:12. PL 140:13. RL 165:13. 1949, 133:2. 1953, 102:2. RSA 147:13. 1965, 201:1. 1973, 531:28. 1998, 318:8, eff. Aug. 25, 1998.

    147:14-a Investigation and Inspection. 

Any authorized member or agent of the department of health and human services may enter any land for the purpose of collecting information that may be necessary to investigate or inspect drainage systems pursuant to RSA 147:14 or private sewage systems pursuant to RSA 147:17-a. No owner shall refuse to admit any such member or agent.


Source. 1983, 167:1; 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.

    147:14 Drainage. 

No person shall discharge, leave, or cause to be discharged or left, within the limits of any public highway, any drainage or discharges from any privy, toilet, sink drain, cesspool or septic tank, when such discharges or matter may enter or pass through any open highway ditch or drainage structure constructed and maintained for highway drainage purposes. It shall be the duty of the highway commissioner or selectmen who have control over such highways to report all violations of this section to the local or state health authorities. Any person neglecting or refusing to comply with the provisions of this section shall be guilty of a violation for each day of neglect or refusal, after notice as provided in RSA 147:4.


Source. 1949, 118:1. RSA 147:14. 1973, 531:29, eff. Oct. 31, 1973 at 11:59 p.m.

    147:15 Slaughterhouses, Etc.;  Permits. 

If a person shall use or occupy a building or place near a dwelling-house or schoolhouse, or in the compact part of a town, for a slaughterhouse, a place of deposit of green pelts or skins, or for trying tallow, currying leather, or carrying on any other business that is offensive to the public, without the written permission of the health officers of the town, such person shall be guilty of a violation for each month such building or place shall be so used or occupied, to be recovered for the use of the town.


Source. RS 119:8. CS 125:8. GS 101:8. GL 111:10. 1887, 62:1. PS 108:15. PL 140:14. RL 165:14. RSA 147:15. 1973, 531:30. 1998, 318:9, eff. Aug. 25, 1998.

    147:16-a Procedure for Ordering Building Vacated. 

The health officer shall have the authority to order occupants to vacate a building, structure, or other premises if the officer determines, based on reasonable information and belief, that the condition of such premises constitutes a clear and imminent danger to the life or health of occupants or other persons, and that protection of life or health requires vacating the premises. For the purposes of this section, "officer" shall mean any municipal official who orders such vacation, including the health officer acting under the authority of this section, RSA 147:4, or RSA 147:11, the building inspector acting under RSA 674:52-a, or the fire chief acting under RSA 154:21-a. The following procedure shall apply:

I. The officer shall inform the owner and all occupants of the premises of the order, orally or otherwise, as soon, and by such means, as are practicable. The order, if not effective immediately, shall include a reasonable time, in light of the seriousness and immediacy of the danger, within which vacation must occur.

II. A prominent notice shall be posted at each entrance to the building or other premises providing a brief description of the dangerous condition, and informing all persons that the premises has been ordered vacated, and of the officer making the order and the effective date and time of the order. Such notice shall not be removed during the period such order is in effect, and anyone removing such notice shall be guilty of a misdemeanor. The following wording, though not exclusive, shall be deemed sufficient:

"DANGER. THIS BUILDING (or other premises) IS UNSAFE BECAUSE OF THE FOLLOWING DANGEROUS CONDITION: (brief description) 
__________ EFFECTIVE (date and time). OCCUPANCY IS PROHIBITED BY ORDER OF THE (officer's title) OF THE TOWN (City) OF 
__________, UNDER AUTHORITY OF RSA 147:16-a. DETAILS OF THIS VIOLATION ARE ON FILE AT 
__________. ANYONE ENTERING THIS BUILDING (premises) WITHOUT PERMISSION OF THE (officer's title), OR ANYONE REMOVING THIS NOTICE SHALL BE GUILTY OF A MISDEMEANOR. PERSONS AGGRIEVED BY THIS ORDER MAY REQUEST A HEARING IN THE 
__________ DISTRICT COURT, AND MAY ASK THE COURT TO DIRECT THE RESPONSIBLE PARTY TO REMOVE OR ABATE THE DANGEROUS CONDITION."

III. The officer shall cause written notice of the order to vacate to be sent, registered mail, to the owner of the property, if known, and to known lessees or others known to exercise control over the premises. Such written notice shall be mailed within 24 hours of the order to vacate, or upon the next business day thereafter, provided, however that no such mailing shall be necessary in cases where, due to immediate removal or abatement of the source of danger, the order has been countermanded before that time. In the alternative, the officer may cause the written notice to be served personally by a peace officer. The written notice shall contain the address and description of the premises, a statement of the particulars of the danger to life, health, or safety, a statement of the date and time that the order becomes or became effective, and a statement of the right to a hearing in district court to contest the order or to have the court consider whether to direct the responsible party to remove or abate the source of danger. The officer shall also forward a copy of the order to the local law enforcement agency having jurisdiction to enforce the order, and shall file a copy of the order, and a service list of the names and addresses of the people to whom the officer sent notice of the order, in the district court for the district in which the property is located. Any court filing fee shall be paid by the municipality.

IV. Any person specially aggrieved by the order to vacate may file a written request with the clerk of the district court for the district in which the property is located for a hearing to contest the order or to have the court consider whether to direct the responsible party to remove or abate the source of danger. The hearing shall be held no later than 7 days after the request is received by the clerk who shall send a hearing notice to the aggrieved person, the municipality, and any other person whose name appears on the service list filed in court by the municipality. The hearing shall concern whether the order to vacate is justified and/or whether the court shall order the responsible party to prospectively remove or abate the source of danger. Other issues, including any challenge to outstanding ordinance or code violations, cease and desist orders, or removal or repair orders, shall be contested only under the statutes appertaining to them. The court, upon presentation of such evidence as it may require, shall affirm, modify, or set aside the order to vacate, issue any such other appropriate order as is consistent with this paragraph, and enter judgment accordingly.

V. Any person who fails to comply with an order under this section, after having received due notice of it, either orally, in writing, or by posted notice, shall be guilty of a misdemeanor unless the district court has set aside the order. A deficiency in the municipal officer's adherence to this section shall not constitute a defense to the misdemeanor charge unless it amounts to failure of notice to the defendant.

VI. A municipality may combine any order to vacate under this section with other lawful orders, including but not limited to orders under RSA 147:7-a, RSA 154:20, RSA 155-B:2, or RSA 676:17-a, as long as the minimum procedures of this section are met. When and if the source of danger is removed or abated following the issuance of any order to vacate under this section or any order under paragraph IV or if the order to vacate is set aside by the district court, the displaced occupants shall have the right to return to occupancy in the building, structure, or other premises.

VII. The provisions of this section shall not apply to a residence which is occupied only by the owner and his or her immediate family, unless the condition of such premises constitutes a clear and imminent danger to the life or health of persons other than the occupant or occupants.

VIII. Nothing in this section shall be deemed to affect a municipality's duty to provide general assistance under RSA 165. No proceeding under this section shall be deemed to affect any legal rights between landlord and tenant.

IX. If the district court finds that a municipality's order to vacate under this section was frivolous, or was commenced in bad faith, or was not based upon reasonable information and belief, then the court may order the municipality to pay the costs and reasonable attorneys' fees of any aggrieved person requesting a hearing on the order to vacate under paragraph IV.


Source. 1998, 318:1, eff. Aug. 25, 1998.

    147:16-b Outdoor Wood-Fired Hydronic Heaters. 

If the owner or operator of an outdoor wood-fired hydronic heater (OWHH), as defined under RSA 125-R, operates the OWHH in a manner which causes a nuisance or is injurious to the public health, the health officers may, in writing, order that use of the OWHH be discontinued. The department of environmental services shall provide technical assistance to the department of health and human services for the purposes of enforcement of the nuisance provisions under this section.


Source. 2008, 362:3, eff. Aug. 10, 2008.

    147:16 Withdrawal of Permits. 

The health officers may withdraw the permission by notice in writing whenever in their opinion such use or occupancy of a building or place becomes a nuisance. In such case they shall order the abatement of the nuisance and the discontinuance of the use or occupancy within a time limited. If the owner or occupant neglects to comply with the order such owner or occupant shall be guilty of a violation for each day the owner or occupant so neglects or refuses after the expiration of the time limited, for the use of the town.


Source. 1887, 62:1. PS 108:16. PL 140:15. RL 165:15. RSA 147:16. 1973, 531:31. 1998, 318:10, eff. Aug. 25, 1998.

    147:17-a Private Sewage Systems. 

I. 
Faulty Private Sewage System. Whenever any private sewage system is in such disrepair as to constitute a source of danger to the health of the public, the health officer may order the owner to put the same in a proper sanitary condition.

II. 
Failure to Repair. If the person so ordered fails to rectify the problem, the municipal health officer may request the selectmen or mayor and council, if sufficient funds have been appropriated for this purpose, to put the system in a proper sanitary condition.


Source. 1971, 310:2, eff. Aug. 24, 1971.

    147:17-b Installments for Repair Cost. 

All expenses to the town or city for repairs made pursuant to the provisions of RSA 147:17-a, II shall constitute an assessment against the owner and shall create a lien upon the lands on account of which such repairs are made. The governing board shall have all the powers in making, assessing, and enforcing such lien as are provided in the applicable provisions of RSA 252.


Source. 1971, 310:2, eff. Aug. 24, 1971.

    147:17 Cleansing Premises;  Penalty. 

Whenever a building, tenement or room occupied as a dwelling or schoolroom, or any cellar or other appurtenance connected therewith, has become the source of danger to the health of its occupants or others from want of cleanliness the health officers may order the owner, the owner's agents or the occupants, or any of them, to cleanse and put the same in proper sanitary condition, and the occupants to quit the same, within a time limited. If the person so ordered does not cleanse the same as ordered the health officers may do so, and may recover the expense thereof, together with their fees, of the owner; or they may order the same to be closed and to remain so until properly cleansed. Any person who shall fail to comply with an order of the health officers made under the authority of this section, after receiving due notice thereof, shall be guilty of a misdemeanor.


Source. 1887, 62:3. PS 108:18. PL 140:16. RL 165:16. RSA 147:17. 1973, 528:58. 1998, 318:11, eff. Aug. 25, 1998.

    147:18 Expectoration. 

It shall be unlawful for any person to spit upon any sidewalk, in the compact part of any city, village or town, or in any railway station, hall or other public place, or in any street or steam railway car other than smoking cars, except into spittoons or other receptacles provided for that purpose.


Source. 1903, 2:1. PL 140:17. RL 165:17.

    147:19 Receptacles for Waste. 

All persons keeping fruit for retail sale adjoining a sidewalk in the compact part of any village or city shall provide for public use a suitable receptacle for waste matter upon the outside of such store and adjoining or upon such sidewalk.


Source. 1903, 2:2. PL 140:18. RL 165:18.

    147:2 Rulemaking;  Enforcement. 

The commissioner of the department of health and human services shall, in addition to the rules and ordinances of the health officers of towns, adopt other rules pursuant to RSA 541-A, as in the commissioner's judgment the public good requires, and the rules shall be enforced by the department of health and human services and local boards of health. The department of health and human services may also enforce, concurrently with towns, the other provisions of this chapter.


Source. 1885, 14:2. PS 108:2. PL 140:2. 1931, 132:1. RL 165:2. RSA 147:2. 1983, 291:1, I. 1985, 190:80. 1991, 355:39. 1995, 310:181, 182. 1998, 318:4, eff. Aug. 25, 1998.

    147:20 Care of Receptacles. 

The receptacles mentioned in RSA 147:18 and 19 shall be kept clean and wholesome.


Source. 1903, 2:3. PL 140:19. RL 165:19.

    147:21-a Discarded Refrigerators. 

Any person who owns, controls or has in custody a container originally used for refrigeration purposes shall, before discarding it, remove the door, doors or lid. Any person failing to comply with this section shall be guilty of a misdemeanor.


Source. 1955, 158:1. 1971, 392:1. 1973, 528:59. 1998, 318:12, eff. Aug. 25, 1998.

    147:21 Rubbish. 

No person shall deposit any rubbish within the limits of any highway, park or common, or throw upon the sidewalk or into any street in the compact part of any city or village, any waste from any fruit or any paper, or other offensive or unsightly substance.


Source. 1903, 2:4. PL 140:20. RL 165:20.

    147:22 Penalty. 

Any person violating the provisions of RSA 147:18 to 21 shall be guilty of a violation.


Source. 1903, 2:5. PL 140:21. RL 165:21. 1953, 102:3. RSA 147:22. 1973, 531:32, eff. Oct. 31, at 11:59 p.m.

    147:23 to 147:30 Repealed by 1981, 566:9, eff. Jan. 31, 1982. 

    147:3 Investigations and Complaints. 

Health officers of towns, and each of them, shall inquire into all nuisances and other causes of danger to the public health, and for the purpose of such investigations, or whenever they shall know or have cause to suspect that any nuisance or other thing injurious to the public health is in any building, vessel, or enclosure they may obtain an administrative inspection warrant under RSA 595-B, including authority to forcibly enter therein and make such search, pursuant to RSA 595-B:5.


Source. RS 119:2. CS 125:2. GS 101:2. GL 111:2. PS 108:3. PL 140:3. RL 165:3. RSA 147:3. 1991, 231:4, eff. Aug. 9, 1991.

    147:30-a to 147:30-d Repealed by 1981, 566:9, eff. Jan. 31, 1982. 

    147:30-e to 147:30-i Repealed by 1981, 566:9, eff. Jan. 31, 1982. 

    147:31, 147:32 Repealed by 1971, 254:3, eff. Aug. 22, 1971. 

    147:33 to 147:42 Repealed by 1981, 566:9, eff. Jan. 31, 1982. 

    147:4 Removal, Notice. 

The health officers may notify the owner or occupant of any building, vessel, premises, or property to remove or destroy any nuisance or other thing therein deemed by them, on examination, to be injurious to the public health, within a time limited; and in case the owner or occupant, after such notice in writing, given to the owner or occupant or left at the owner's or occupant's abode, shall neglect to comply with the order, the health officers may forcibly enter and cause the nuisance or other thing to be removed or destroyed.


Source. RS 119:3. CS 125:3. GS 101:3. GL 111:3. PS 108:4. PL 140:4. 1935, 29:1. RL 165:4. 1998, 318:5, eff. Aug. 25, 1998.

    147:43 Solid Waste Disposal and Recycling. 

Each town, city or unincorporated place is authorized to receive and expend revenue for the purpose of disposing of solid wastes or trucking or separating and recycling solid wastes in an appropriate manner. Such revenue may also be spent to study and prepare a proposal for the separation and recycling of solid wastes or the hauling of such wastes to separation and recycling centers.


Source. 1973, 570:1, eff. July 1, 1973.

    147:44 Repealed by 1989, 342:3, eff. Aug. 1, 1989. 

    147:45 Repealed by 1983, 227:20, III, eff. Aug. 16, 1983. 

    147:46 Existing Community Obligations. 

Nothing contained in this subdivision shall relieve communities of obligations, existing under other provisions of law, to abate open dumps or nuisances, or to establish sanitary landfills, and nothing herein shall impose upon any municipality in this state a financial burden in excess of that required under the law as it existed prior to the enactment of this provision, except for requirements mandated by the general court in legislation passed to implement a state plan.


Source. 1977, 581:2, eff. July 18, 1977.

    147:47 Resource Recovery Facilities. 

No municipality in this state shall be prohibited by any provision of local or state law from entering into long-term contracts for the supply of solid waste to resource recovery facilities.


Source. 1977, 581:2, eff. July 18, 1977.

    147:48 to 147:57 Repealed by 1981, 413:1, eff. June 23, 1981. 

    147:5 Assistants;  Resistance. 

They may employ such assistants and laborers as may be necessary, and if resisted shall have the same powers as sheriffs have to command assistance; and any person wilfully resisting them or their assistants or laborers, in making the search or removing the nuisance or other thing, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.


Source. RS 119:4. CS 125:4. GS 101:4. GL 111:4. PS 108:5. PL 140:5. RL 165:5. RSA 147:5. 1973, 528:57, eff. Oct. 31, 1973 at 11:59 p.m.

    147:58 Civil Liability for Hazardous Waste Violations. 

I. Any person who is convicted of violation of a permit, rule, standard, requirement, or order under RSA 147:55
 and who is made a defendant in a civil action arising from that violation shall be liable to a successful plaintiff in an amount equal to 3 times any actual damages sustained by such plaintiff.

II. The provisions of this section shall not relieve the plaintiff in any civil action from the burden of proving the defendant's liability.


Source. 1981, 268:1, eff. Aug. 15, 1981.

    147:6 Removal Without Notice. 

When the owner of a building, vessel or enclosure is unknown to the health officers, or does not reside in town, and the same is unoccupied, or the occupant is, in their opinion, unable to remove the same, they may, without previous notice, immediately cause the nuisance or other thing by them deemed injurious to the public health found therein to be removed or destroyed.


Source. RS 119:5. CS 125:5. GS 101:5. GL 111:5. PS 108:6. PL 140:6. RL 165:6.

    147:7-a Notice to Owner. 

As a prerequisite to the use of the alternative abatement cost collection procedure under RSA 147:7-b, any notice or order given pursuant to RSA 147:4, 147:11, 147:17, or 147:17-a, shall be in writing and subject to the following requirements:

I. The notice shall contain:

(a) A description of the nuisance or other danger to the public health, including the date of any inspection.

(b) A statement of what corrective action is required, and a reasonable time, in light of the seriousness of the nuisance or other danger to health, within which that action must be taken.

(c) A statement that failure to take the corrective action within that time may result in corrective action being taken by the municipality, and that if this occurs, the municipality's costs shall constitute a lien against the real estate, enforceable in the same manner as real estate taxes, including possible loss of the property, if not paid.

II. The notice shall be sent by registered mail, return receipt requested, to the last known post-office address of the current owner, if known, or of the person against whom taxes are assessed for the property, and to any tenant, occupant, owner's agent, or other person known by the health officer to exercise control over the premises.


Source. 1991, 208:1, eff. Jan. 1, 1992.

    147:7-b Collection of Nuisance Abatement Costs. 

A municipality which has incurred costs for the removal or destruction of a public health nuisance pursuant to RSA 147:4-6, 147:11, 147:13, 147:17, or 147:17-a, may, as an alternative to a civil action to recover such costs, institute collection of such costs using the following procedure:

I. After obtaining the consent of the municipal governing body, the health officer shall issue an order for costs, bearing the title "Order for Abatement Costs Pursuant to RSA 147:7-b" containing:

(a) A copy of any notice or order sent pursuant to RSA 147:7-a and a statement that such notice or order was not complied with within the time specified; or, in the case of removal without notice pursuant to RSA 147:6, a statement of what the nuisance or other danger to the public health was, and a statement of the circumstances justifying the removal without notice.

(b) A statement of what corrective action was taken by the municipality.

(c) An expense account of the municipality's costs in taking the corrective action, including the cost of issuing and serving orders under RSA 147:7-a and this section.

(d) A statement that such costs constitute a lien against the real estate, enforceable in the same manner as real estate taxes, including possible loss of the property for nonpayment, and, if no written objection is filed with the health officer within 30 days, the account will be committed to the tax collector.

(e) The address of the office of the health officer, where any objection must be filed.

(f) A copy of this section.

II. The order shall be served upon the record owner of the property or such owner's agent, and upon the person to whom taxes are assessed for the property, if other than the owner, in the same manner provided for service of a summons in a civil action.

III. Within 30 days after such service, any person served may file a written objection with the health officer, stating with specificity the basis for the objection.

IV. If no such objection is filed, the health officer shall forward a copy of the order, together with proof of service and a certification that no objection was received, to the selectmen or other officers responsible in that municipality for issuing tax warrants under RSA 76:10. The selectmen or other officers shall commit the expense account to the municipal tax collector, together with a warrant requiring the collector to collect the same from the person to whom real estate taxes are assessed for the premises upon which such corrective action was taken, and to pay the amount so collected to the municipal treasurer. Within 30 days after the receipt of such warrant, the collector shall send a bill as provided in RSA 76:11. Interest as provided in RSA 76:13 shall be charged on any amount not paid within 30 days after the bill is mailed. The collector shall have the same rights and remedies as in the collection of taxes, as provided in RSA 80.

V. If an objection is filed, the health officer may file a motion to affirm the order in the district court of the district in which the property is located if the amount does not exceed the limits of the district court's civil damages concurrent jurisdiction as set forth in RSA 502-A:14, or otherwise in the superior court. The filing shall include copies of the order and the objection. The clerk shall schedule a hearing on the motion, and shall give notice of the hearing by registered mail upon the person filing the objection, at least 20 days prior to the hearing. At the hearing, the technical rules of evidence shall not apply, but the court may admit any evidence deemed material and proper. Following the hearing, or upon default, the court shall enter judgment affirming, correcting if necessary, or denying the order for abatement costs. If the order is affirmed, the expense account shall be amended to reflect the municipality's expenses in connection with the motion, including filing fees, service fees, witness fees, attorneys' fees and traveling expenses.

VI. Orders of the health officer under this section shall be deemed prima facie lawful and reasonable. The owner's lack of responsibility for creating the nuisance or danger to health shall not constitute a defense. The court shall not deny the order except upon the following grounds, the burden of proof for which shall lie with the owner:

(a) That the actions taken were clearly outside the authority of the health officer, or constituted a gross abuse of discretion; or

(b) That the owner did not receive any order pursuant to RSA 147:7-a, and that the nuisance or other danger to health was not one for which an owner may be held strictly liable under either state or federal law, and further, that neither the owner nor any agent of the owner knew, had any reason to know, or in the exercise of due care in the ownership and maintenance of property or any other legal duty could have had any reason to know, of the circumstances constituting the nuisance or other danger to health.

VII. If the order is affirmed in whole or in part, the health officer shall forward it for collection in the manner provided by paragraph IV of this section.


Source. 1991, 208:1. 1998, 318:6, eff. Aug. 25, 1998.

    147:7 Expenses. 

The owner or occupant of a building, vessel or enclosure shall be liable to pay the expense of the removal or destruction of the nuisance or other thing, including the fees of the health officers who order or cause the same to be removed; and the same may be recovered by action brought by the health officers in the name of the town.


Source. RS 119:6. CS 125:6. GS 101:6. GL 111:6. PS 108:7. PL 140:7. RL 165:7.

    147:8 Toilets;  Drains. 

No person shall occupy, lease to any other person, or permit any other person to occupy, a building or any part of a building as a dwelling house, office, store, shop, theater, public hall, sleeping apartment or tourist cabin, unless such building shall have readily accessible adequate toilet and lavatory facilities, properly ventilated and constructed, and kept in proper sanitary condition; and unless said building shall be provided with suitable drains or sewers for conveying waste water and sewage away from the premises into some public sewer, if there be one within 100 feet thereof, and if not, for conveying it away underground or in some other manner that will not be offensive. The phrase "public sewer", as used in this chapter, shall be understood to mean any sewer constructed and maintained by taxation, or any sewer which is open for general use upon the payment of a rental, license or other fee. Notwithstanding the provisions of this section, privies (outhouses not conveying sewage by water) may be allowed if such facilities are first approved by the local municipal health officials as to location and construction of the facilities. At the option of the local municipal health officials, further approval may be required by the department of environmental services, prior to the construction of such facilities. Nothing in this section shall prohibit cities, towns, or village districts, by ordinance or by regulation under RSA 147:1, from increasing the 100-foot distance contained in this section, or from granting waivers to the requirement of connection to the public sewer for properties with adequate alternative sewage disposal systems which comply with applicable state and local regulations, designed by a designer licensed in New Hampshire and approved for construction by the New Hampshire department of environmental services after January 1, 1985.


Source. 1869, 8:1. GL 111:7. 1881, 89:1. PS 108:8. 1907, 106:1. PL 140:8. RL 165:8. 1947, 49:1. RSA 147:8. 1973, 93:1. 1985, 198:1. 1992, 17:1. 1996, 228:111, eff. July 1, 1996.

    147:9 Penalty. 

Any person neglecting or refusing to comply with the provisions of RSA 147:8 shall be guilty of a violation for each day of neglect or refusal, after notice as provided in RSA 147:4.


Source. 1869, 8:2. GL 111:8. 1881, 89:2. 1887, 62:4. PS 108:9. PL 140:9. RL 165:9. RSA 147:9. 1973, 531:26, eff. Oct. 31, 1973 at 11:59 p.m.

    149-I:1 Construction. 

The mayor and aldermen of any city may construct and maintain all main drains or common sewers, stormwater treatment, conveyance, and discharge systems, sewage and/or waste treatment, works which they adjudge necessary for the public convenience, health or welfare. Such drains, sewers, and systems shall be substantially constructed of brick, stone, cement, or other material adapted to the purpose, and shall be the property of the city.


Source. 1870, 5:1, 6. GL 78:6, 11. PS 79:2. PL 95:3. RL 111:3. 1945, 188, part 22:4. RSA 252:4. 1961, 120:4. 1981, 87:2, eff. April 20, 1981. 2008, 295:1, eff. Aug. 26, 2008.

    149-I:10-a Stormwater Utility Fund. 

I. The funds received from stormwater utility fees shall be kept as a separate and distinct fund to be known as the stormwater utility fund. Such fund shall be allowed to accumulate from year to year, shall not be commingled with town or city tax revenues, and shall not be deemed part of the municipality's general fund accumulated surplus. Such fund may be expended only for stormwater treatment, conveyance, and discharge systems.

II. Except when a capital reserve fund is established pursuant to paragraph III, all stormwater utility funds shall be held in the custody of the municipal treasurer. Estimates of anticipated revenues and anticipated expenditures from the stormwater utility fund shall be submitted to the governing body as set forth in RSA 32:6 if applicable, and shall be included as part of the municipal budget submitted to the local legislative body for approval. If the municipality has a properly established stormwater utility commission, then notwithstanding RSA 41:29 or RSA 48:16, the treasurer shall pay out amounts from the stormwater utility fund only upon order of the stormwater utility commission. Expenditures shall be within amounts appropriated by the local legislative body.

III. At the option of the local governing body, or of the stormwater utility commission if any, all or part of any surplus in the stormwater utility fund may be placed in one or more capital reserve funds and placed in the custody of the trustees of trust funds pursuant to RSA 35:7. If such a reserve fund is created, then the governing body, or stormwater utility commission if any, may expend such funds pursuant to RSA 35:15 without prior approval or appropriation by the local legislative body, but all such expenditures shall be reported to the municipality pursuant to RSA 149-I:25. This section shall not be construed to prohibit the establishment of other capital reserve funds for any lawful purpose relating to municipal water systems.


Source. 2008, 295:8, eff. Aug. 26, 2008.

    149-I:10 Sewer Funds. 

I. The funds received from the collection of sewer rentals shall be kept as a separate and distinct fund to be known as the sewer fund. Such fund shall be allowed to accumulate from year to year, shall not be commingled with town or city tax revenues, and shall not be deemed part of the municipality's general fund accumulated surplus. Such fund may be expended only for the purposes specified in RSA 149-I:8, or for the previous expansion or replacement of sewage lines or sewage treatment facilities.

II. Except when a capital reserve fund is established pursuant to paragraph III, all sewer funds shall be held in the custody of the municipal treasurer. Estimates of anticipated sewer rental revenues and anticipated expenditures from the sewer fund shall be submitted to the governing body as set forth in RSA 32:4 if applicable, and shall be included either as part of the municipal operating budget or as a separate warrant article submitted to the local legislative body for approval. In a town or district that has adopted the official ballot referendum form of meeting, any such separate warrant article shall include a default amount as provided in RSA 40:13, XI-a. If the municipality has a properly-established board of sewer commissioners, then notwithstanding RSA 41:29 or RSA 48:16, the treasurer shall pay out amounts from the sewer fund only upon order of the board of sewer commissioners. Expenditures shall be within amounts appropriated by the local legislative body. The sewer commission shall also remit to the municipality those costs incurred by the municipality in support of sewer operations, including but not limited to financial audit, facility insurance, treasurer compensation, and office support.

III. At the option of the local governing body, or of the board of sewer commissioners if any, all or part of any surplus in the sewer fund may be placed in one or more capital reserve funds and held in the custody of the trustees of trust funds pursuant to RSA 35:7. If such a reserve fund is created, then the governing body, or board of sewer commissioners if any, may expend such funds pursuant to RSA 35:15 without prior approval or appropriation by the local legislative body, but all such expenditures shall be reported to the municipality pursuant to RSA 149-I:25. This section shall not be construed to prohibit the establishment of other capital reserve funds for any lawful purpose relating to municipal water systems.

IV. The sewer fund may be used for the repayment of the costs of design, construction, and funding provided for by contract under RSA 149-I:4-a.


Source. 1933, 98:2. RL 111:8. 1945, 188, part 22:9. RSA 252:11. 1973, 483:2. 1979, 492:1. 1981, 87:2. 1994, 95:5, eff. July 8, 1994. 2012, 138:1, eff. Aug. 4, 2012. 2013, 191:1, eff. Aug. 31, 2013. 2014, 4:3, eff. April 11, 2014.

    149-I:11 Liens and Collection of Sewer Charges. 

In the collection of sewer charges or stormwater utility fees under RSA 149-I:7 and 149-I:8, municipalities shall have the same liens and use the same collection procedures as authorized by RSA 38:22. Interest on overdue charges shall be assessed in accordance with RSA 76:13.


Source. 1870, 5:3. 1872, 25:1. 1875, 36:3. GL 78:3, 8. PS 79:5. PL 95:6. 1933, 98:3. RL 119:9. 1945, 188, part 22:10. 1949, 80:1. RSA 252:12. 1981, 87:2. 1985, 110:2. 1991, 269:12, eff. July 1, 1991. 2008, 295:9, eff. Aug. 26, 2008.

    149-I:12 Repealed by 1985, 110:5, I, eff. July 9, 1985. 

    149-I:13 Repealed by 1985, 110:5, II, eff. July 9, 1985. 

    149-I:14 Correction of Assessments. 

I. If any error is made in any assessment under RSA 149-I:7 or RSA 149-I:8, it may be corrected by the mayor and aldermen by making an abatement and a new assessment, or either, as the case may require. The same lien, rights, liabilities and remedies shall attach to the new assessment as to the original.

II. If any error is made in any assessment under RSA 149-I:6-c or RSA 149-I:7, it may be corrected by the governing body by making an abatement or a new assessment, or both. The same lien, rights, liabilities, and remedies shall attach to the new assessment as to the original.


Source. PS 79:6. PL 95:9. RL 111:12. 1945, 188, part 22:13. RSA 252:15. 1981, 87:2. 1985, 110:3, eff. July 9, 1985. 2008, 295:10, eff. Aug. 26, 2008.

    149-I:15 Petition to Court. 

If the mayor and aldermen neglect or refuse to correct an assessment under RSA 149-I:14, any person aggrieved may apply by petition to the superior court for relief at any time within 90 days after notice of the assessment, and not afterwards. The court shall make such order thereon as justice may require.


Source. PS 79:7. PL 95:10. RL 111:13. 1945, 188, part 22:14. RSA 252:16. 1981, 87:2. 1985, 110:4, eff. July 9, 1985.

    149-I:16 Assessment Installments. 

The mayor and aldermen of any city may, in their discretion, in making any assessment under this chapter, assess the same to be paid in annual installments extending over a period not exceeding 20 years, and in such case their assessment so made shall create a lien upon the land on account of which it is made and the lien of each installment so assessed shall continue for one year from October 1 of the year such installment becomes due.


Source. 1909, 24:1. PL 95:11. 1933, 98:4. RL 111:14. 1945, 188, part 22:15. 1949, 80:2. RSA 252:17. 1981, 87:2, eff. April 20, 1981.

    149-I:17 Assessment Not Required. 

Nothing herein contained shall be construed to prevent any city from providing, by ordinance or otherwise, that the whole or a part of the expense of constructing, maintaining and repairing main drains, common sewers, stormwater treatment, conveyance, and discharge system, or sewage and waste treatment facilities shall be paid by such city.


Source. 1870, 5:5. GL 78:10. PS 79:8. PL 95:12. RL 111:15. 1945, 188, part 22:16. RSA 252:18. 1961, 120:8. 1981, 87:2, eff. April 20, 1981. 2008, 295:11, eff. Aug. 26, 2008.

    149-I:18 Abatement of Assessments. 

For good cause shown, the mayor and aldermen may abate any such assessment made by them or by their predecessors.


Source. PS 79:6. PL 95:8. RL 111:11. 1945, 188, part 22:12. RSA 252:14. 1981, 87:2, eff. April 20, 1981.

    149-I:19 Establishment;  Duties. 

Any town or village district which adopts the provisions of this chapter may, at the time of such adoption or afterwards, vote to establish a board of sewer commissioners, consisting of 3 members, which board shall perform all the duties and possess all the powers in the town or district otherwise hereby conferred upon the selectmen.


Source. 1923, 16:1. PL 95:13. PL 111:16. 1945, 188, part 22:17. RSA 252:19. 1981, 87:2, eff. April 20, 1981.

    149-I:2 Taking Land. 

 Whenever it is necessary to construct such main drains or common sewers, stormwater treatment, conveyance, and discharge systems, sewage and/or waste treatment facilities across or on the land of any person and the city cannot obtain for a reasonable price any land or easement in land required by it, the mayor and aldermen may lay out a sufficient quantity of such land for the purpose and assess the owner's damages in the same manner as in the case of taking land for highways pursuant to RSA 230 and the owner shall have the same right of appeal, with the same procedure.


Source. 1873, 29:1. GL 78:13. PS 79:3. PL 95:4. RL 111:4. 1945, 188, part 22:5. RSA 252:5. 1967, 300:3. 1981, 87:2, eff. April 20, 1981. 2008, 295:2, eff. Aug. 26, 2008.

    149-I:20-a Appointment. 

The commissioners may be appointed by the mayor and board of aldermen or city council, by the selectmen of the town, by the town council, or by the commissioners of the district if the municipality fails to elect or votes to provide for appointment.


Source. 1996, 197:2, eff. Aug. 2, 1996.

    149-I:20 Election. 

At the annual town or district meeting when such board is established, there shall be chosen, by ballot and by major vote, 3 sewer commissioners, to hold office for 3 years, 2 years, and one year, respectively, and thereafter, at every annual meeting, one commissioner shall be so chosen to hold office for 3 years; provided, that such election shall be by plurality vote in towns or districts which, under existing laws, elect officers in that manner.


Source. 1923, 16:1. PL 95:14. RL 111:17. 1945, 188, part 22:18. RSA 252:20. 1981, 87:2, eff. April 20, 1981.

    149-I:21 Compensation. 

The compensation of such sewer commissioners and the sewer commission's responsible portion of the municipal treasurer's compensation shall be fixed in towns by the selectmen, and in village districts by the commissioners of the district.


Source. 1923, 16:1. PL 95:16. RL 111:19. 1945, 188, part 22:20. RSA 252:22. 1981, 87:2, eff. April 20, 1981. 2012, 138:2, eff. Aug. 4, 2012.

    149-I:22 Entering Without Permit. 

Any person who digs or breaks up the ground in any street, highway, lane or alley in any city, for the purpose of laying, altering, repairing or entering any main drain, stormwater treatment, conveyance, and discharge system, or common sewer therein, without permission from the mayor and aldermen, shall be guilty of a violation.


Source. 1870, 5:7. GL 78:12. PS 79:9. PL 95:17. RL 111:20. 1945, 188, part 22:21. RSA 252:23. 1973, 531:84. 1981, 87:2, eff. April 20, 1981. 2008, 295:13, eff. Aug. 26, 2008.

    149-I:23 Malicious Injury;  Penalty. 

Any person who shall wantonly or maliciously injure any part of any sewer system, stormwater treatment, conveyance, and discharge system, or sewage disposal plant shall be liable to pay treble damages to the owner thereof, and shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.


Source. 1945, 188, part 22:22. RSA 252:24. 1973, 529:44. 1981, 87:2, eff. April 20, 1981. 2008, 295:14, eff. Aug. 26, 2008.

    149-I:24 Application of Chapter. 

The provisions of this chapter shall be in force in such town and village districts as may adopt the same by vote of the legislative body; and the governing body shall perform all the duties and possess all the powers in the town or the district, as the case may be, conferred by this chapter upon the mayor and aldermen, and the rights of all parties interested shall be settled in the same way.


Source. 1870, 5:8. 1873, 29:1. GL 78:14. 1883, 77:1. PS 79:10. 1923, 16:1. PL 95:18. RL 111:21. 1945, 198, part 22:23. RSA 252:25. 1981, 87:2, eff. April 20, 1981. 2008, 295:12, eff. Aug. 26, 2008.

    149-I:25 Reports. 

In towns and village districts adopting this chapter, the selectmen or district commissioners, or board of sewer commissioners if any, or stormwater utility commission shall annually, at the time other town or district officers report, make a report to the municipality of the condition of the plant financially and otherwise, showing the funds of the department, the expenses and income thereof, and all other material facts. This report shall be published in the annual report of the municipality.


Source. 1994, 95:6, eff. July 8, 1994. 2008, 295:15, eff. Aug. 26, 2008.

    149-I:3 Water Pollution. 

Any city which shall have received an order by the department of environmental services under the provisions of RSA 147, 485, or 485-A shall proceed forthwith to acquire whatever easements and lands as are necessary to comply with said order and may enter upon, for the purpose of survey leading to land description, any land of any person. In so proceeding the mayor and aldermen shall institute any necessary land taking in accordance with the provisions of RSA 149-I:2 and, anything contained in RSA 231 or in the statutes generally notwithstanding, the decision of the mayor and aldermen shall not be vacated and any subsequent appeal or other action by the owner or owners shall be based solely on the amount of damages assessed, and the mayor and aldermen or their duly appointed agents shall have full right of immediate entry for the purpose of detailed surveys, borings, or the conduct of any and all other actions necessary or desirable to aid the city in the implementation of the order by the department of environmental services.


Source. RSA 252:5-a. 1969, 377:4. 1981, 87:2. 1986, 202:6, I(a). 1989, 339:19. 1996, 228:108, eff. July 1, 1996.

    149-I:4-a Contracts for Private Construction and Reimbursement. 

I. A municipality adopting this section may contract with a private nongovernmental entity for the design, construction, and funding of a new sewer or sewerage system, or addition or modification thereto, but not for the subsequent maintenance thereof, meeting approved governmental standards of design and construction, for any such project for which the municipality may incur indebtedness under RSA 33, and may hold, expend, or distribute funds pursuant to the terms of such contract with a private nongovernmental entity; provided that sewer rentals, fees, and other charges received from persons benefitting from the sewer project may be used for the repayment of costs of design and construction funded by the private nongovernmental entity.

II. A municipality may adopt the provisions of this section allowing the board of sewer commissioners, board of public works commissioners, sewer department, or appropriate governing body to enter into a contract with a private nongovernmental entity, as described in this section, by the following method:

(a) In a town, other than a town that has adopted a charter pursuant to RSA 49-D, the question shall be placed on the warrant of a special or annual town meeting, by the governing body or by petition pursuant to RSA 39:3.

(b) In a city or town that has adopted a charter pursuant to RSA 49-C or RSA 49-D, the legislative body may consider and act upon the question in accordance with its normal procedures for passage of resolutions, ordinances, and other legislation. In the alternative, the legislative body of such municipality may vote to place the question on the official ballot for any regular municipal election.

(c) The vote shall specify the provisions of this section allowing for a contract with a private nongovernmental entity for the design, construction, and funding of a sewer or sewerage system or addition or modification thereto. If a majority of those voting on the question vote "yes," the procedure shall be available within the town or city on the date set by the governing body.

(d) A municipality may rescind the adoption provided in subparagraph (c) in the manner described in this paragraph.

III. The contract may provide for the transfer of sewer rentals, fees, and other charges as follows:

(a) Sewer rentals assessed under RSA 149-I:8 and system development charges for persons benefiting from the sewer project, held in a sewer fund under RSA 149-I:10, may be used for repayment of the costs of design and construction incurred by a private nongovernmental entity pursuant to the terms of the contract.

(b) Sewer rentals which would otherwise have been assessed to the private nongovernmental entity may be considered as sewer rentals levied, paid, and credited to the repayment under subparagraph (a).

IV. The contract shall provide for the following:

(a) Sewer rentals, fees, and other charges collected from persons served by the sewer project shall be separately accounted for within the sewer fund.

(b) No repayment obligation in the contract shall be made from funds other than from such separately accounted for sewer rentals, fees, and other charges in the sewer fund.

(c) The total of repayments under the contract shall not exceed the total costs of design and construction incurred by a private nongovernmental entity for the project.

(d) The contract shall contain a clause stating that no municipal general funds shall be appropriated for the repayment obligations under the contract.

(e) The contract under this section shall not be considered complete and enforceable until the final agreement is approved by majority vote of the governing body of the municipality.

V. The repayment obligation pursuant to a contract under this section shall at no time be included in the net indebtedness of the municipality for the purposes of RSA 33.


Source. 2014, 4:2, eff. April 11, 2014.

    149-I:4 Contracts;  Sewage or Waste Treatment Facilities. 

 The mayor and aldermen of any city may lease, enter into contracts to provide, sell, or purchase stormwater treatment, conveyance, and discharge systems, and sewage or waste treatment facilities to or from any other city, town, village district or person whenever they judge the same necessary for the public convenience, health and welfare.


Source. 1949, 77:1. RSA 252:6. 1961, 120:5. 1981, 87:2, eff. April 20, 1981. 2008, 295:3, eff. Aug. 26, 2008.

    149-I:5 Inconsistent Charter Provisions Repealed. 

The provisions of any city charter inconsistent with the provisions of this chapter are hereby repealed as to the extent of such inconsistency.


Source. 1949, 77:2. RSA 252:7. 1981, 87:2, eff. April 20, 1981.

    149-I:6-a Definitions. 

In this chapter:

I. "
Equivalent residential unit
" or "
ERU
" means the fee unit basis for all fees assessed by a stormwater utility.

II. "
Stormwater
" means surface runoff and drainage that is generated from precipitation and snowmelt, including any debris, chemicals, sediment, or other substances carried along with the water.

III. "
Stormwater utility
" means a special assessment district established to generate funding specifically for stormwater management.

IV. "
Stormwater utility commission
" means the governing body managing the activities of the stormwater utility. When the utility encompasses more than one municipality, representation on the commission shall be proportional to the number of fee units within each jurisdiction.


Source. 2008, 295:5, eff. Aug. 26, 2008. 2012, 132:1, eff. Aug. 4, 2012.

    149-I:6-b Stormwater Utility Authorized. 

The formation of a stormwater utility is hereby authorized upon approval by a majority vote of the legislative body of a municipality. In the case where a stormwater utility encompasses land within more than one municipality, the utility may be authorized by majority vote of the legislative bodies within each affected jurisdiction. Inter-municipal stormwater utilities shall be governed by a stormwater utility commission.


Source. 2008, 295:5, eff. Aug. 26, 2008.

    149-I:6-c Criteria for Stormwater Utilities. 

The stormwater utility shall address flood and erosion control, water quality management, ecological preservation, and annual pollutant load contained in stormwater discharge.

I. Utilities may collect reasonable fees that are directly related to the cost of providing services.

II. Properties charged assessments shall have equal opportunity to receive proportional benefit from the utility.

III. The utility shall offer credits or fee abatements based on on-site management of water quality impairment or peak runoff storage, or both. The utility shall adopt design standards to determine the amount of abatement.

IV. In assessing fees, the stormwater utility district shall forecast the annual cost of each component in the district's stormwater management program. This forecast shall be the basis for annual assessments distributed equally among the number of fee units within the district.

V. A minimum assessment may be established for fee units based on single family residences. This equivalent residential unit (ERU) can serve as the fee unit basis for all fees. Government property and non-profit organizations shall be subject to the fee structure.

VI. Boundaries of the district are not required to coincide with municipal boundaries.


Source. 2008, 295:5, eff. Aug. 26, 2008.

    149-I:6-d System for Fee Units. 

Each stormwater utility commission shall establish a system for fee units based on at least one of the following property-specific attributes:

I. Total impervious area.

II. Calculated lot runoff.

III. Total lot area.

IV. Land use classification developed for assessment of fees.


Source. 2008, 295:5, eff. Aug. 26, 2008.

    149-I:6 Bylaws and Ordinances. 

I. In municipalities where the sewage is pumped or treated, the mayor and aldermen may adopt such ordinances and bylaws relating to the sewage system, pumping station, treatment plant or other appurtenant structure as are required for proper maintenance and operation and to promote the objectives of the sewage system.

I-a. In municipalities where stormwater is collected and discharged, the mayor and aldermen or town governing body may, with the advice of the planning board when requested by the governing body, adopt such ordinances and bylaws as are required for the proper maintenance and operation of the stormwater system or stormwater utility and any appurtenant structures, and to promote flood control and erosion control, water quality management, ecological preservation, management of annual pollutant load contained in stormwater discharge, and municipal compliance with applicable state and federal stormwater laws and regulations.

II. Any person who violates any ordinance or bylaw adopted pursuant to paragraph I of this section shall be subject to a civil penalty not to exceed $10,000 per day of such violation.

III. A municipality shall give notice of the alleged violation to the department of environmental services within 10 days of commencement of any action under this section.


Source. 1941, 201:1. RL 111:5. 1945, 188, part 22:6. RSA 252:8. 1973, 531:83. 1981, 87:2. 1988, 241:1. 1994, 95:4. 1996, 228:108, eff. July 1, 1996. 2008, 295:4, eff. Aug. 26, 2008. 2015, 247:1, eff. Sept. 11, 2015.

    149-I:7 Levying. 

The mayor and aldermen may assess upon the persons whose drains enter such main drains, common sewers, stormwater treatment, conveyance, and discharge systems, or treatment facilities, or whose lands receive special benefit therefrom in any way, their just share of the expense of constructing and maintaining the same or paying off any capital debt or interest incurred in constructing and/or maintaining the same.


Source. 1870, 5:2. 1872, 25:1. GL 78:7. PS 79:4. PL 95:5. RL 111:6. 1945, 188, part 22:7. RSA 252:9. 1961, 120:6. 1973, 483:1. 1981, 87:2, eff. April 20, 1981. 2008, 295:6, eff. Aug. 26, 2008.

    149-I:8 Sewer Rentals. 

For the defraying of the cost of construction, payment of the interest on any debt incurred, management, maintenance, operation, and repair of newly constructed sewer systems, including newly constructed sewage or waste treatment and disposal works, the mayor and aldermen may establish a scale of rents to be called sewer rents, and to prescribe the manner in which and the time at which such rents are to be paid and to change such scale from time to time as may be deemed advisable. Except in the case of institutional, industrial or manufacturing use, the amount of such rents shall be based upon either the consumption of water on the premises connected with the sewer system, or the number of persons served on the premises connected with the sewer system, or whether the user is on a pressure or gravity system, or upon some other equitable basis.


Source. 1933, 98:2. RL 111:7. 1945, 188, part 22:8. RSA 252:10. 1961, 120:7. 1971, 289:1. 1981, 87:2. 1987, 142:1, eff. July 6, 1987.

    149-I:9 Combined Billing Permitted. 

In municipalities which assess sewer rents, or have established fees for a stormwater utility, such assessments may be combined in a bill with assessments for other municipal services.


Source. RSA 252:10-a. 1975, 299:1. 1981, 87:2, eff. April 20, 1981. 2008, 295:7, eff. Aug. 26, 2008.

    149-J:1 Compact. 

The state of New Hampshire enters into the following compact with the state of Vermont subject to the terms and conditions therein stated:


Article I


General Provisions

A. 
Statement of Policy. It is recognized that in certain cases municipalities in New Hampshire and Vermont may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisable to enter into agreements whereby joint sewage and waste disposal facilities are erected and maintained. The states of New Hampshire and Vermont recognize the value of and need for such agreements, and adopt this compact in order to authorize their establishment.

B. 
Requirement of Congressional Approval. This compact shall not become effective until approved by the United States Congress.

C. 
Definitions.

1. "Sewage and waste disposal facilities" shall mean publicly-owned sewers, interceptor sewers, sewerage facilities, sewage treatment facilities and ancillary facilities whether qualifying for grants in aid under Title II
 of the Federal Water Pollution Control Act, as amended, or not.

2. "Municipalities" shall mean cities, towns, village districts or other incorporated units of local government possessing authority to construct, maintain and operate sewage and waste disposal facilities and to raise revenue therefor by bonding and taxation, which may legally impose and collect user charges and impose and enforce pretreatment conditions upon users of sewage and waste disposal facilities.

3. "Water pollution agency" shall mean the agencies within New Hampshire and Vermont possessing regulating authority over the construction, maintenance and operation of sewage and waste disposal facilities and the administration of grants in aid from their respective state and under the Federal Water Pollution Act, as amended, for the construction of such facilities.

4. "Governing body" shall mean the legislative body of the municipality, including in the case of a town, the town meeting, and in the case of a city, the city council, or the board of mayor and aldermen or any similar body in any community not inconsistent with the intent of this definition.


Article II


Procedures and Conditions Governing Intergovernmental Agreements

A. 
Cooperative Agreements Authorized. Any 2 or more municipalities, one or more located in New Hampshire and one or more located in Vermont, may enter into cooperative agreements for the construction, maintenance and operation of a single sewage and waste disposal facility serving all the municipalities who are parties thereto.

B. 
Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective, be approved by the water pollution agency of each state, and shall be in a form established jointly by said agencies of both states.

C. 
Method of Adopting Agreements. Agreements hereunder shall be adopted by the governing body of each municipality in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each state.

D. 
Review and Approval of Plans. The water pollution agency of the state in which any part of a sewage and waste disposal facility which is proposed under an agreement pursuant to this compact is proposed to be or is located is hereby authorized and required, to the extent such authority exists under its state law, to review and approve or disapprove all reports, designs, plans and other engineering documents required to apply for federal grants in aid or grants in aid from said agency's state, and to supervise and regulate the planning, design, construction, maintenance and operation of said part of the facility.

E. 
Federal Grants and Financing.

1. Application for federal grants in aid for the planning, design and construction of sewage and waste disposal facilities other than sewers shall be made jointly by the agreeing municipalities, with the amount of the grant attributable to each state's allotment to be based upon the relative total capacity reserves allocated to the municipalities in the respective states determined jointly by the respective state water pollution agencies. Each municipality shall be responsible for applying for federal grants for sewers to be located within the municipal boundaries.

2. Municipalities are hereby authorized to raise and appropriate revenue for the purpose of contributing pro rata to the planning, design and construction cost of sewage and waste disposal facilities constructed and operated as joint facilities pursuant to this compact.

F. 
Contents of Agreements. Agreements entered into pursuant to this compact shall contain the following:

1. A uniform system of charges for industrial users of the joint sewage and waste disposal facilities.

2. A uniform set of pretreatment standards for industrial users of the joint sewage and waste disposal facilities.

3. A provision for the pro rata sharing of operating and maintenance costs based upon the ratio of actual flows to the plant as measured by devices installed to gauge such flows with reasonable accuracy.

4. A provision establishing a procedure for the arbitration and resolution of disputes.

5. A provision establishing a procedure for the carriage of liability insurance, if such insurance is necessary under the laws of either state.

6. A provision establishing a procedure for the modification of the agreement.

7. A provision establishing a procedure for the adoption of regulations for the use, operation and maintenance of the joint facilities.

8. A provision setting forth the means by which the municipality that does not own the joint sewage and waste disposal facility will pay the other municipality its share of the maintenance and operating costs of said facility.

G. Nothing in this compact shall be construed to authorize the establishment of interstate districts, authorities, or any other new governmental or quasi-governmental entity.


Article III


Effective Date

This compact shall become effective when a bill of the Vermont general assembly which incorporates the compact becomes a law in Vermont and when it is approved by the United States Congress.


Source. RSA 252-B:1. 1975, 424:1. 1981, 87:2, eff. April 20, 1981.

    149-K:1 Compact. 

The state of New Hampshire enters into the following compact with the commonwealth of Massachusetts subject to the terms and conditions therein stated:


Article I


General Provisions

A. 
Statement of Policy. It is recognized that in certain cases municipalities in New Hampshire and Massachusetts may, in order to avoid duplication of cost and effort, and in order to take advantage of economies of scale, find it necessary or advisable to enter into agreements whereby joint sewage and waste disposal facilities are erected and maintained. The states of New Hampshire and Massachusetts recognize the value of and need for such agreements, and adopt this compact in order to authorize their establishment.

B. 
Requirement of Congressional Approval. This compact shall not become effective until approved by the United States Congress.

C. 
Definitions.

1. "Sewage and waste disposal facilities" shall mean publicly-owned sewers, interceptor sewers, sewerage facilities, sewage treatment facilities and ancillary facilities whether qualifying for grants in aid under Title II
 of the Federal Water Pollution Control Act, as amended, or not.

2. "Municipalities" shall mean cities, towns, village districts or other incorporated units of local government possessing authority to construct, maintain and operate sewage and waste disposal facilities and to raise revenue therefor by bonding and taxation, which may legally impose and collect user charges and impose and enforce pretreatment conditions upon users of sewage and waste disposal facilities.

3. "Water pollution agency" shall mean the agencies within New Hampshire and Massachusetts possessing regulating authority over the construction, maintenance and operation of sewage and waste disposal facilities and the administration of grants in aid from their respective state and under the Federal Water Pollution Act, as amended, for the construction of such facilities.

4. "Governing body" shall mean the legislative body of the municipality, including in the case of a town, the town meeting, and in the case of a city, the city council, or the board of mayor and aldermen or any similar body in any community not inconsistent with the intent of this definition.


Article II


Procedures and Conditions Governing Intergovernmental Agreements

A. 
Cooperative Agreements Authorized. Any 2 or more municipalities, one or more located in New Hampshire and one or more located in Massachusetts, may enter into cooperative agreements for the construction, maintenance and operation of a single sewage and waste disposal facility serving all the municipalities who are parties thereto.

B. 
Approval of Agreements. Any agreement entered into under this compact shall, prior to becoming effective, be approved by the water pollution agency of each state, and shall be in a form established jointly by said agencies of both states.

C. 
Method of Adopting Agreements. Agreements hereunder shall be adopted by the governing body of each municipality in accordance with existing statutory procedures for the adoption of intergovernmental agreements between municipalities within each state.

D. 
Review and Approval of Plans. The water pollution agency of the state in which any part of a sewage and waste disposal facility which is proposed under an agreement pursuant to this compact is proposed to be or is located is hereby authorized and required, to the extent such authority exists under its state law, to review and approve or disapprove all reports, designs, plans and other engineering documents required to apply for federal grants in aid or grants in aid from said agency's state, and to supervise and regulate the planning, design, construction, maintenance and operation of said part of the facility.

E. 
Federal Grants and Financing.

1. Application for federal grants in aid for the planning, design and construction of sewage and waste disposal facilities other than sewers shall be made jointly by the agreeing municipalities, with the amount of the grant attributable to each state's allotment to be based upon the relative total capacity reserves allocated to the municipalities in the respective state determined jointly by the respective state water pollution agencies. Each municipality shall be responsible for applying for federal grants for sewers to be located within the municipal boundaries.

2. Municipalities are hereby authorized to raise and appropriate revenue for the purpose of contributing pro rata to the planning, design and construction cost of sewage and waste disposal facilities constructed and operated as joint facilities pursuant to this compact.

F. 
Contents of Agreements. Agreements entered into pursuant to this compact shall contain the following:

 1. A uniform system of charges for industrial users of the joint sewage and waste disposal facilities.

2. A uniform set of pretreatment standards for industrial users of the joint sewage and waste disposal facilities.

3. A provision for the pro rata sharing of operating and maintenance costs based upon the ratio of actual flows to the plant as measured by devices installed to gauge such flows with reasonable accuracy.

4. A provision establishing a procedure for the arbitration and resolution of disputes.

5. A provision establishing a procedure for the carriage of liability insurance, if such insurance is necessary under the laws of either state.

6. A provision establishing a procedure for the modification of the agreement.

7. A provision establishing a procedure for the adoption of regulations for the use, operation and maintenance of the joint facilities.

8. A provision setting forth the means by which the municipality that does not own the joint sewage and waste disposal facility will pay the other municipality its share of the maintenance and operating costs of said facility.

G. Nothing in this compact shall be construed to authorize the establishment of interstate districts, authorities, or any other new governmental or quasi-governmental entity.


Article III


Effective Date

This compact shall become effective when a bill of the Massachusetts general court which incorporates the compact becomes a law in Massachusetts and when it is approved by the United States Congress.


Source. RSA 252-C:1. 1979, 31:1. 1981, 87:2, eff. April 20, 1981.

    149-M:1 Statement of Purpose. 

It is the declared purpose of the general court to protect human health, to preserve the natural environment, and to conserve precious and dwindling natural resources through the proper and integrated management of solid waste.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:10 Disclosure of Ownership. 

I. Any application for a permit under RSA 149-M:9 shall be signed under oath by a representative of the applicant and shall contain the following information:

(a) Name and address of the applicant.

(b) If the applicant is a corporation, the state of incorporation, the address of its principal place of business, and the names and addresses of its directors, officers, and shareholders; if the applicant is a partnership, the state of formation, the address of its principal place of business, and the names and addresses of its partners, whether general or limited; and if the applicant is any other kind of association, the state of formation, the address of its principal place of business, and the names and addresses of its principals, members or participants.

(c) The exact location where the applicant intends to conduct the business for which it is seeking the permit.

(d) Such financial information as the department may require under RSA 149-M:9.

II. All commercial solid waste haulers and municipalities holding a permit under RSA 149-M shall cause trash collection containers within their possession or control to be prominently marked with an identification name or logo.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.; 261:9, eff. July 1, 1996 at 12:01 a.m.

    149-M:11 Public Benefit Requirement. 

I. The general court finds and declares as follows:

(a) It is responsible to provide for the solid waste management need of the state and its citizens.

(b) In order to provide for these needs, it must ensure that adequate capacity exists within the state to accommodate the solid waste generated within the borders of the state.

(c) Facilities necessary to meet state solid waste capacity needs must be designed and operated in a manner which will protect the public health and the state's natural environment.

(d) An integrated system of solid waste management requires a variety of types of facilities designed to accommodate the entire solid waste stream, including materials which can be recycled, recovered or reused, materials which can be composted, and residual materials which must be disposed of permanently.

(e) The enactment of statutes to address the needs identified in this section is an exercise of the police power granted to the general court under part II, article 5 of the New Hampshire Constitution.

II. The general court declares that it is the purpose of this chapter to ensure benefit to the citizens of New Hampshire by providing for solid waste management options which will meet the capacity needs of the state while minimizing adverse environmental, public health and long-term economic impacts.

III. The department shall determine whether a proposed solid waste facility provides a substantial public benefit based upon the following criteria:

(a) The short- and long-term need for a solid waste facility of the proposed type, size, and location to provide capacity to accommodate solid waste generated within the borders of New Hampshire, which capacity need shall be identified as provided in paragraph V.

(b) The ability of the proposed facility to assist the state in achieving the implementation of the hierarchy and goals under RSA 149-M:2 and RSA 149-M:3.

(c) The ability of the proposed facility to assist in achieving the goals of the state solid waste management plan, and one or more solid waste management plans submitted to and approved by the department under RSA 149-M:24 and RSA 149-M:25.

IV. The department shall also consider as part of its public benefit determination:

(a) The concerns of the citizens and governing bodies of the host municipality, county, and district and other affected persons. For any proposed solid waste facility, including transfer stations, designed to accommodate in excess of 30 tons of solid waste per day, the department shall hold at least one public hearing in the host municipality, or in the case of an unincorporated town or unorganized place in the host county, in order to take testimony to identify those concerns.

(b) The economic viability of the proposed facility, including but not limited to, its ability to secure financing.

V. In order to determine the state's solid waste capacity need, the department shall:

(a) Project, as necessary, the amount of solid waste which will be generated within the borders of New Hampshire for a 20-year planning period. In making these projections the department shall assume that all unlined landfill capacity within the state is no longer available to receive solid waste.

(b) Identify the types of solid waste which can be managed according to each of the methods listed under RSA 149-M:3 and determine which such types will be received by the proposed facility.

(c) Identify, according to type of solid waste received, all permitted facilities operating in the state on the date a determination is made under this section.

(d) Identify any shortfall in the capacity of existing facilities to accommodate the type of solid waste to be received at the proposed facility for 20 years from the date a determination is made under this section. If such a shortfall is identified, a capacity need for the proposed type of facility shall be deemed to exist to the extent that the proposed facility satisfies that need.

VI. All applicants under this chapter shall provide any information requested by the department. If an applicant declares that any information requested under this section should be considered exempt under RSA 91-A:5, IV, the attorney general shall determine the reasonableness of such declaration and, if the attorney general agrees, shall direct the department to treat it as confidential information which shall be considered exempt under RSA 91-A:5, IV.

VII. Any proposed solid waste facility to be owned and controlled by a solid waste district, or a member municipality on behalf of its solid waste district, shall be deemed to fulfill the requirements of subparagraph III(a), provided that it is built within the district and shall serve only the capacity needs of that district. Any permit issued for a facility which fulfills the public benefit requirement by relying on this paragraph shall state that the facility is limited to receiving solid waste generated within that district.

VIII. Each applicant for a solid waste permit under this chapter shall have the burden of demonstrating that a proposed solid waste facility provides a public benefit by showing how the proposed facility satisfies the criteria listed under paragraph III. Such demonstration shall be included as part of each application for a solid waste permit.

IX. If the department determines that an applicant has failed to demonstrate that it satisfies the criteria listed under paragraph III, it shall notify the applicant in writing that its application has been denied, and provide a written explanation of the reasons for that determination.

X. If the department determines that an applicant has demonstrated that it satisfies the criteria listed under paragraph III, it shall state that determination in any permit issued.

XI. Facilities permitted under this chapter shall be operated so as to provide a substantial public benefit consistent with the information submitted as part of the application concerning how the facility accommodates New Hampshire capacity needs. If a permittee cannot demonstrate consistency with information submitted in its permit application, and where it no longer meets needs identified in the state solid waste management plan and one or more solid waste management plans submitted to and approved by the department under RSA 149-M:25 due to circumstances beyond its control, as determined by the commissioner and the attorney general, the department shall not enforce this paragraph based solely upon such inconsistency.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.

    149-M:12 Criteria for Approval, Suspension, or Revocation. 

I. The department shall approve an application for a permit only if it determines that the facility or activity for which the permit is sought will:

(a) Comply with this chapter and all rules adopted under it;

(b) Be consistent with the provisions of the state, district, and local plans; and

(c) Comply with federal and state air or water pollution statutes, regulations, and rules.

II. The department may suspend or revoke any permit issued under this chapter if, following an opportunity for hearing, it determines that:

(a) The permit holder has committed a violation of this chapter, or any rule, plan, order, or permit conditions in force under it; or

(b) The facility or activity covered by the permit presents an immediate and substantial threat to human health or the environment.

III. In processing applications for a permit under this chapter, the department shall comply with time limits prescribed in RSA 541-A:29, except the department shall not be required to issue a final decision on any application until 30 days after a public hearing held pursuant to RSA 149-M:11, IV(a) in order to assure proper consideration of public concerns.


Source. 1996, 251:2; 251:28. 1999, 54:2, eff. July 20, 1999.

    149-M:13 Official Investigation. 

I. The attorney general shall have the power to examine witnesses and documents and to request information for the purpose of enforcing the provisions of this chapter.

II. If, during the course of any investigation under this chapter, the attorney general believes a person may have information or be in possession, custody, or control of any document or other tangible object relevant to the investigation, before the institution of any court proceedings, the attorney general may serve upon the person a written demand for information, a subpoena to appear and be examined under oath, or a subpoena duces tecum to appear and produce the documents or objects for inspection and copying. A written demand for information may be mailed to the person believed to have such information. A subpoena or subpoena duces tecum of the attorney general may be served by the person designated in such subpoena to serve it. The attorney general may administer an oath or affirmation to any person and conduct hearings in aid of any investigation under this chapter. Any testimony given by any person so sworn shall be subject to the pains and penalties of perjury.

III. Any subpoena issued pursuant to this chapter shall:

(a) Describe the nature of the investigation.

(b) Describe the documents or objects with sufficient definiteness to permit them to be fairly identified.

(c) Prescribe a reasonable time at which the person shall appear to testify or within which the documents or objects shall be produced, and advise the person that objections to or reasons for not complying with the subpoena may be filed with the attorney general on or before that date.

(d) Specify a place for the taking of testimony or for the production of documents or objects and designate a person who shall be custodian of the documents or objects.

IV. A written demand for information issued pursuant to this chapter shall:

(a) Describe the nature of the investigation.

(b) Describe the information sought in connection with that investigation.

(c) Prescribe a reasonable time for complying with the information demand, and advise the person that objections to or reasons for not complying with the information demand may be filed with the attorney general on or before that date.

V. If a person objects to or fails to comply with the information demand, subpoena, or subpoena duces tecum served upon the person under this chapter, the attorney general may file in the superior court of the county in which the person resides or maintains the principal place of business or, if the person is a nonresident and has no principal place of business in this state, in Merrimack county superior court, a petition for an order of the court to enforce the subpoena or information demand. Notice of hearing and a copy of the petition shall be served upon the person, who may appear in opposition to the petition. If the court finds reasonable cause to believe that there may have been a violation of any provision of this chapter, and that the information, testimony, documents, or objects sought are relevant to the investigation, it shall order the person to provide the information, to appear for testimony, or to produce the document or object for inspection and copying as demanded, subject to any modification of the subpoena or information demand the court prescribes.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:14 Forfeiture of Property. 

I. Any property, including, but not limited to, equipment, vehicles, and real property used or intended for use in violation of this chapter, and any property constituting the proceeds of a violation of this chapter, including, but not limited to, money, may be seized by the state and forfeited to the state as provided in this section. Property seized under this section may be held by the state either as evidence of a violation of this chapter or in order to secure it prior to forfeiture proceedings.

II. The state may seize any interest in real property by filing in the registry of deeds in the county where the property is located a notice of attachment stating that the state has attached the identified property pursuant to this section.

III. The state shall have a lien on any property subject to forfeiture under this section upon seizure of such property. Upon forfeiture the state's title to the property relates back to the date of seizure.

IV. Within 30 days of the seizure of any property under paragraph I, the attorney general shall file a petition in the superior court of the county in which the property was seized, requesting forfeiture of the property. The court shall issue an order of notice requiring the state to send by certified mail a copy of the petition to the owner of the property and to other persons appearing to have an interest in the property. If no such petition is filed within 30 days of the seizure of the property, that property shall be returned to its owner.

V. Within 30 days of receipt of the attorney general's petition for forfeiture, the court shall schedule a hearing. This hearing shall be conducted as a civil action. The court may order forfeiture of the property seized under paragraph I if the state establishes by a preponderance of the evidence that (a) the property was used or intended for use in violation of the chapter or that the property constitutes the proceeds of a violation of the chapter and (b) that the owner of the property knew or should have known that the property was used or intended for use in violation of the chapter or that the property constituted the proceeds of a violation of the chapter. At the request of any party to the forfeiture proceedings, the court may grant a continuance until the final resolution of any proceedings which were brought against a party under this chapter and which arose from the transaction which gave rise to the forfeiture proceedings.

VI. If forfeiture is granted, the attorney general shall provide for the disposition of the property forfeited in any manner not prohibited by law, including retention of the property for official use by law enforcement or other public agencies or by sale at public auction. The attorney general shall pay the reasonable expenses of the seizure, forfeiture proceeding, and sale of property from the proceeds of any public auction of forfeited items or from any penalty obtained under this chapter. All outstanding recorded liens on any property forfeited shall be paid in full within a reasonable time following the court proceedings.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:15 Penalties and Other Enforcement. 

I. The department may issue an order to any person in violation of this chapter, a rule adopted under this chapter, or any condition in a permit issued under this chapter to comply with this chapter, the rule or the permit, and require such remedial measures as may be necessary. Any person to whom such an order is directed may appeal to the waste management council.

II. If the department finds that an emergency exists requiring immediate action to protect the public health, it may issue an order stating that an emergency exists and requiring that such action be taken as it judges necessary to meet the emergency. The order shall be effective immediately. Any person to whom such an order is directed shall comply immediately, but may appeal to the waste management council.

III. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition in a permit issued under this chapter shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

IV. Any person who violates any of the provisions of this chapter, or any rule adopted or order issued under this chapter, or any condition in a permit issued under this chapter shall be subject to a civil penalty not to exceed $25,000 for each violation, or for each day of a continuing violation.

V. Notwithstanding RSA 651:2, any person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to paragraph III. Each day of violation shall constitute a separate offense.

VI. Any violation of the provisions of this chapter, or of any rule adopted or order issued under it, or of any condition in a permit issued under it, may be enjoined by the superior court upon application of the attorney general.

VII. Commercial trash haulers or municipalities violating the labeling requirements as provided in RSA 149-M:10, II shall be subject only to a fine of $50 per day per container, notwithstanding paragraphs III and IV.

VIII. Municipalities may apply to a justice of the superior court for injunctive relief against existing or impending violations of this chapter, or any rule or order issued under this chapter. The municipality shall give notice of any such action to the attorney general and the commissioner, who may take such steps as they deem necessary to ensure uniform statewide enforcement, including but not limited to joining the action, assuming sole prosecution of the action, or as of right dismissing the action without prejudice. Such notice shall be given at least 30 days prior to the commencement of any such action, unless more immediate action is necessary to prevent irreparable environmental damage or other serious public harm, in which case such notice shall be given as soon as practicable, but in no event later than the date of commencement of the action. This paragraph shall not be construed to affect, in any manner, existing authority of municipalities to act based upon the provisions of other statutes or local ordinances.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:29, eff. Aug. 9, 1996 at 12:01 a.m.

    149-M:16 Administrative Fines. 

The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter, including any rule adopted under the provisions of this chapter. Rehearings and appeals from a decision of the commissioner under this section shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to:

I. A schedule of administrative fines which may be imposed under this section for violations of this chapter as provided above.

II. Procedures for notice and hearing prior to the imposition of an administrative fine.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:17 Town Responsibility and Authority. 

I. Each town shall either provide a facility or assure access to another approved solid waste facility for its residents. A town may choose whether to include any associated costs in its tax base.

II. (a) A town may make bylaws governing its facility and fixing reasonable rates for its use, and governing the separation and collection of refuse within the municipality and the registration of haulers collecting or disposing of refuse within the municipality, all in a manner not inconsistent with this chapter. Furthermore, a town may make bylaws requiring residents to deposit their refuse in specifically designated bags or containers, or in bags or containers that have attached to them a disposal sticker. Such bags, containers, or disposal stickers shall be sold or made available by the town at a reasonable price.

(b) Notwithstanding RSA 31:39, III, towns are authorized to levy civil penalties up to $3,000 for each act which violates the bylaws enacted pursuant to this paragraph. For violations for which any penalty provided in the bylaws is $500 or less, the official designated in the bylaws as the enforcement authority may issue a summons and notice of fine as provided in RSA 502-A:19-b, except that a copy of the fines for violations of the local bylaws shall be substituted for the uniform fine schedule. Defendants who are issued such summons and notice of fine may plead guilty or nolo contendere by mail by entering a plea as provided in RSA 502-A:19-b. If the plea is accepted by the court, the defendant shall not be required to appear unless directed by the court.

III. Each town which participates in a solid waste management system developed by a district plan shall present the full amount of its individual cost of participation to its legislative body for funding.

IV. A town may contract, upon a majority vote of its legislative body, with the owners or operators of solid waste disposal facilities for the disposal of solid waste. Such contracts shall be for a term of years not to exceed 40 years. The contracts may contain guarantees of the amount of solid waste to be delivered for disposal, provided that the contract is in keeping with the policy set forth in RSA 149-M:2 and 149-M:3. In the event that a town's delivered tonnage falls below the level stipulated in contract, the town may procure tonnage from sources outside the town, in compliance with the public benefit requirements of RSA 149-M:11 and as provided in the contract. Contracts may contain provisions for payments based on such guarantees whether or not any subject facility is actually constructed or is operated to dispose of solid waste, and may be absolute, without right of reduction or set-off because of non-appropriation by the town or default by the owner or operator. Contracts may contain such other terms and conditions as the town may determine to be in its best interest.

V. A town may transfer, upon a majority vote of its legislative body, any land interest to the owner or operator of solid waste disposal facilities by deed or by lease of not more than 40 years. Transfer and use of land interests for solid waste disposal facilities shall constitute a public purpose for which towns may acquire land interests in any manner permitted by law.

VI. A town which charges fees for the use of a solid waste facility, or for any other type of solid waste disposal services, including collection, hauling, separation, recycling, or composting, may bill such fees to the owner of the property where the solid waste originates, or which is otherwise benefited by such services, irrespective of whether the facility or other services are provided by the town, another town, a combination of towns, a district, or by a private operator with which the town, towns, or district have contracted.

(a) The establishment of such fees shall be governed by RSA 41:9-a, or other applicable statute or charter provision.

(b) Such charges shall create a lien upon the benefited real estate.

(c) A town may collect such charges by the use of any of the collection procedures authorized by RSA 38:22. Interest on overdue charges shall be assessed in accordance with RSA 76:13.

(d) Nothing in this paragraph shall be construed to prevent a town from collecting charges for solid waste disposal services in some other manner, including but not limited to collection at the facility at the time of disposal.


Source. 1996, 251:2, eff. Aug. 9, 1996; 261:8, eff. Aug. 9, 1996, at 12:01 a.m. 2007, 6:1, eff. July 1, 2007.

    149-M:18 Town Reclamation Trust Funds. 

A town which collects an additional fee under RSA 261:153, V shall create a town reclamation trust fund to receive the town share of such fee, to be used to pay the fees for the collection and disposal of the town's motor vehicle waste and to pay for the recycling and reclamation of other types of solid waste. For the purposes of this section, "
motor vehicle waste
" means used residential motor oil, residential motor vehicle batteries, and tires from residential motorized vehicles. "
Residential
", for the purposes of this paragraph, means any motor vehicle registered in a municipality which collects the fee assessed under RSA 261:153, V.


Source. 1996, 251:2, eff. Aug. 9, 1996. 2013, 168:1, eff. July 1, 2013.

    149-M:19 Regional Cooperation. 

The selectmen of towns, the county commissioners for each county in which there are located unincorporated towns or unorganized places, the mayor and council of each city and the commissioners of each county are authorized to enter into cooperative agreements with other towns, cities, unincorporated towns, unorganized places, and counties to provide a regional facility for the management of solid waste at mutually agreed upon sites. The selectmen, mayor and council, or commissioners, as the case may be, are authorized to expend funds received from any source to establish and maintain such regional facilities and provide for sharing the costs of establishing and maintaining such facilities in an equitable manner.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:2 Solid Waste Disposal Reduction Goal. 

I. The general court declares its concern that there are environmental and economic issues pertaining to the disposal of solid waste in landfills and incinerators. It is important to reserve landfill and incinerator capacity for solid wastes which cannot be reduced, reused, recycled or composted. The general court discourages the disposal of recyclable materials in landfills or processing of recyclable materials in incinerators.

II. The general court further declares a goal to reduce the quantity by weight of solid waste disposed by 25 percent by the year 2030, and by 45 percent by the year 2050. For the purposes of this goal, disposal reduction targets shall apply, on a combined basis, to disposal of municipal solid waste and construction and demolition debris, and shall be measured against baseline quantities of these wastes disposed of in the year 2018. For the purposes of this goal only, municipal solid waste means solid waste generated at residences, commercial or industrial establishments, and institutions, but excludes automobile scrap and other motor vehicle waste, infectious waste, asbestos waste, contaminated soil and other absorbent media, sludge, industrial process waste, and ash other than ash from household stoves. Disposal reduction may be achieved through source reduction as well as diversion including but not limited to reuse, recycling, and composting. For the purposes of this section "goal" shall not establish a mandate.

III. In exercising any and all powers conferred upon the department under this chapter, the department shall use and consider criteria relevant to the disposal reduction goal and solid waste management hierarchy established in this section and RSA 149-M:3. The department shall not take any action relative to the reduction goal which causes the municipalities organized under RSA 53-A and 1986, 139 or RSA 53-B to violate or incur penalties under legal obligations existing on June 26, 1990.


Source. 1996, 251:2. 251:27; 261:2. 1999, 43:1, eff. July 20, 1999. 2021, 188:5, eff. Oct. 9, 2021.

    149-M:20 Unincorporated Towns and Unorganized Places. 

For each unincorporated town or unorganized place, the county in which it is located and its commissioners shall have the same solid waste disposal responsibilities as a town and its governing body. The cost of providing a facility for an unincorporated town or unorganized place shall be dealt with in the same manner as real estate under RSA 28:7.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:21 Failure to Provide Facilities. 

If any town fails to provide an approved disposal facility as required under RSA 149-M:17, the following steps shall be taken:

I. The department shall conduct an investigation of opportunities for joint action with other towns, the availability of private facilities, and possible facility sites within the town.

II. The department shall report findings to the district and town, and seek local agreement to an acceptable solution to the waste problem.

III. If no agreement is reached within 60 calendar days after the findings are delivered, the department shall schedule and hold a public hearing in the town. Notice of the hearing shall be posted in 2 or more public places in the town for at least 14 calendar days before it is held.

IV. If no agreement is reached within 45 calendar days after the hearing, the department shall either order the town to participate in an existing or planned approved facility, or shall recommend that land within the town be taken by eminent domain for the establishment of an approved facility.

V. If the department determines that land shall be taken, the department shall institute eminent domain proceedings in accordance with RSA 498-A.

VI. The department shall be responsible for the facility's design and construction.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:30, eff. Aug. 9, 1996 at 12:01 a.m.

    149-M:22 Facility Built by State. 

If land is taken for construction of a facility:

I. The property shall be held in the name of the state and shall not be taxed.

II. Upon completion, the facility shall be operated by the town in accordance with the facility plan.

III. At the time of the taking, the department shall certify to the commissioner of revenue administration the costs of establishing the facility. The certification shall be revised when the facility is complete to reflect actual costs, including land, buildings, equipment, administration, planning, consultants, and any other necessary costs.

IV. The commissioner of revenue administration shall assess the costs on the town over a 20-year period. Each annual assessment shall include the interest on any debt incurred by the state for this purpose. The assessment shall be made as provided in RSA 21-J:15 and RSA 81.

V. When all costs and interest are paid, the property shall be deeded to the town, or in the case of an unincorporated town or unorganized place, to the county.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:30, eff. Aug. 9, 1996 at 12:01 a.m. 2013, 247:5, eff. Mar. 24, 2014.

    149-M:23 Solid Waste Management Planning. 

Each town is responsible for continued and ongoing planning for solid waste management within its boundaries. In meeting this planning requirement, the town shall consider:

I. Environmental impact.

II. Economic impact.

III. Area impact, including the planning processes, plans, and solid waste management practices of other area towns.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:24 Districts and Subdistricts;  Powers;  Responsibilities. 

I. Each town shall participate in planning efforts, either as a town or as a solid waste management district. Towns or districts formed by area towns shall be the basis for developing a town or district solid waste management plan. Subdistricts may be formed, the plans of which will be included in the district plan for purposes of implementation. Each town, whether it has entered into a district voluntarily or has been assigned to a district, shall remain in such a district in order to participate in a solid waste management plan pursuant to paragraph IV and may withdraw from that district only after the town has:

(a) Obtained approval by a majority vote of district committee members of the solid waste management district or cooperative of which the municipality is currently a member.

(b) Paid its proportionate equitable share of the district expenses and debt, including long-term debt incurred by the district.

II. In implementing their responsibilities under this chapter, towns may enter into a written agreement, which may be:

(a) A service contract;

(b) A memorandum of understanding;

(c) A formal inter-municipal cooperative agreement under RSA 53-A;

(d) A formal inter-municipal cooperative agreement under RSA 53-B; or

(e) Any other written agreement deemed appropriate by member towns.

III. Each district shall file a copy of its organizational agreement with the department upon execution.

IV. Each town or district shall prepare and maintain an "approvable" solid waste management plan which is consistent with the state plan and demonstrates consideration of existing solid waste agreements and environmental and economic factors in the area. An "approvable" plan is one which contains information required by rule, in a form and with sufficient detail to demonstrate compliance with this provision.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:31, eff. Aug. 9, 1996 at 12:01 a.m.

    149-M:25 Minimum Plan Requirements. 

I. Each plan shall:

(a) Estimate the types, weights, and volumes of solid waste generated, including wet-cell batteries, used motor oil, tires, demolition debris, and waste particular to the district or municipality, current and available methods of disposal and treatment, and the types, weights, and volume of recyclable materials that can be recovered and recycled.

(b) Develop future projections of the types, weights, and volumes of waste generated, and the types and amounts of solid waste materials that can be recovered and recycled based on current and future population growth trends.

(c) Identify numbers, types, and capacities of operating facilities in the district or town in compliance with this chapter, and the location, type, and capacity of any proposed facilities.

(d) Establish a process by which those facilities with known or suspected groundwater contamination or emission problems can develop a remedial action plan, including funding requirements and funding mechanisms.

(e) Demonstrate a capacity or implementation plan for disposal for 10 years and an ongoing planning process as required in RSA 149-M:23 for 15 years from the date of filing of the plan. Each such plan shall be reviewed by the department at least once every 5 years from the date of submission.

(f) Identify the means by which district members shall develop, construct, operate, or otherwise implement the solid waste management methods described in the plan.

II. Each plan shall be reviewed and commented upon by the department. The department or a district or town may request a hearing on the plan as submitted. The department may approve, require modification of, or disapprove of any plan with cause stated and shall finally act upon each plan within 120 days of submission. Within 60 days after receipt of written notice of approval of the plan by the department, the town or district and each town in the district shall begin implementing the plan.

III. Each district and town shall be responsible for demonstrating continuous compliance with its plan as approved by the department. Should the department determine that a district or town is not in compliance, it shall issue a remedial order.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:31, eff. Aug. 9, 1996 at 12:01 a.m.

    149-M:26 State Policy and Antitrust Exemption. 

To promote the state's interest in safe, clean, and efficient management and disposal of solid waste, it is hereby declared to be the policy of the state of New Hampshire that competition and enterprise may be displaced or limited by towns and counties, acting alone or in cooperatives or districts permitted under RSA 53-A or RSA 53-B, in the exercise of the powers, authorities, and responsibilities granted to them in this chapter as necessary to carry out the purposes of this chapter. The intent of this section is to exempt towns, counties, cooperatives, and districts so exercising such powers, authorities, and responsibilities from any liability therefor under RSA 356 and under federal antitrust laws.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:27 Refuse Reduction. 

I. If the department finds that an emergency exists requiring immediate action to protect the public health, it may issue an order suspending all or any part of this section during such emergency.

II. No wet-cell batteries shall be disposed of in a solid waste landfill facility or composting facility or incinerator, whether in a waste-to-energy facility or otherwise.

III. (a) No leaf or yard waste shall be disposed of in a solid waste landfill or incinerator including any waste-to-energy facility. Any person who violates this paragraph shall be subject to the penalties and enforcement provisions of RSA 149-M:15 and 16.

(b) Subparagraph (a) shall not apply to municipalities organized under RSA 53-A or RSA 53-B, if application of the paragraph would cause the municipality to violate or incur penalties under legal obligations existing on January 1, 1993.

(c) Subparagraph (a) shall not apply to municipalities organized under 1986, 139, or entities with which such municipalities contract until June 30, 2009.

(d) Solid waste landfills and incinerators shall not be in violation of subparagraph (a) if, at a minimum, the facility has implemented any of the following:

(1) Posting signs at the facility providing notice of the prohibition against disposing of leaf and yard waste.

(2) Written notification to, or agreements with, the facility's customers providing notice of the prohibition against disposing of leaf and yard waste.

(3) Implementation of a procedure for periodically monitoring incoming waste to detect leaf and yard waste at the facility and a process to notify customers that they have delivered such waste in violation of subparagraph (a).

IV. (a) No person shall dispose of any video display device, central processing unit of a computer, or non-mobile video display media recorder/player in any solid waste landfill or incinerator in New Hampshire after July 1, 2007.

(b) Owners or operators of such facilities shall not be found to have knowingly disposed of a video display device, central processing unit of a computer, or non-mobile video display media recorder/player if the facility has implemented mechanisms to avoid such disposal which shall include, at a minimum, posting of signs at the facility or providing written notification to, or agreements with, the facility's customers concerning the disposal prohibition.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m; 261:12, eff. Aug. 9, 1996 at 12:01 a.m. 2005, 265:6, eff. July 22, 2005. 2006, 171:2, eff. July 1, 2006. 2009, 126:3, eff. June 22, 2009.

    149-M:28 Restrictions on Battery Sales and Disposal;  Exemptions. 

I. (a) Except as provided in subparagraph (b), no person shall sell or offer for sale in New Hampshire an alkaline manganese battery manufactured on or after January 1, 1993, which battery contains more than 0.025 percent mercury by weight of the battery.

(b) No person shall sell or offer for sale in New Hampshire alkaline manganese batteries having sizes and shapes resembling buttons or coins which have a mercury content of more than 25 milligrams of mercury per battery.

(c) A manufacturer shall not sell, distribute, or offer for sale in this state an alkaline manganese battery, except an alkaline manganese button cell, that contains added mercury, unless the commissioner grants an exemption pursuant to paragraph II of this section.

II. (a) On application by a manufacturer, the commissioner may exempt a manufacturer from the requirements of subparagraph I(c) if the manufacturer demonstrates that:

(1) Since July 11, 1992, the manufacturer has worked in good faith to develop mercury-free alkaline manganese batteries which, with respect to safety, leakage, capacity, rate capability and shelf life, are as good as alkaline manganese batteries containing no more than 0.025 percent mercury produced by that manufacturer on January 1, 1993; and

(2) If granted that exemption, the manufacturer shall continue to work in good faith to achieve the goals described in subparagraph (a)(1).

(b) An exemption granted by the commissioner under this paragraph shall be effective for 2 years and may be renewed.

III. A manufacturer shall not sell, distribute, or offer for sale in New Hampshire a zinc-carbon battery that contains an added mercury concentration level of more than 10 parts per million by weight for batteries manufactured on or after January 1, 1993.

IV. No person shall dispose of mercuric oxide batteries in New Hampshire except in a manner approved by the department under rules adopted pursuant to RSA 541-A.

V. No person shall sell or offer for sale in this state any consumer product manufactured after July 1, 1993, which is powered by a small, sealed, nickel-cadmium or small, sealed, lead acid battery unless:

(a) The battery can be easily removed by the consumer or is contained in a battery pack that is separate from the product and can be easily removed.

(b) Such product, the package containing such product, or the battery itself is clearly labeled in a manner which is visible and understandable to the consumer prior to purchase indicating that the battery must be recycled or disposed of properly.

(c) The battery must be clearly identifiable as to the type of electrode used in the battery.

(d) The battery or battery pack itself is labeled with the name of the manufacturer.

VI. The commissioner may authorize the sale of a consumer product which does not comply with the provisions of paragraph V, if such product was available for sale on or before July 11, 1992, and the commissioner determines that the redesign of such product to comply with this section would result in significant danger to public health and safety. Any authorization under this paragraph shall be limited to 2 years and may not be renewed.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m.

    149-M:29-a Hauler Registration. 

I. Haulers shall register to do business in New Hampshire with the department, at no cost to the hauler. Each hauler shall report by March 31 of each year to the department, on forms provided by the department, the following information relative to the prior calendar year:

(a) Quantities of solid waste, including recyclables, collected in the state;

(b) The municipalities from which the solid waste was collected; and

(c) The disposal point or recycling facility to which the solid waste was delivered.

II. Quantities shall be stated in tons by type of material, from actual scale weights or from estimates stated in cubic yards using conversion factors supplied by the department.

III. For purposes of this section, "
hauler
" shall mean a person engaged for profit in the collection, transportation, or delivery of solid waste, including recyclable materials, collected from New Hampshire residential, municipal, industrial, or commercial sources for disposal or recycling.


Source. 2008, 286:1, eff. Aug. 26, 2008.

    149-M:29 State Solid Waste Plan and Report. 

I. Beginning October 1, 2022, in accordance with the state waste planning update schedule requirements of this section dating to October 1, 1998, and every 10 years thereafter, the department shall update the state's solid waste plan, which shall be made available for public review and comment before final publication, and which shall contain, at minimum, the following elements:

(a) Goals, strategies, and actions to reduce solid waste generation through source reduction, to increase diversion through methods such as reuse, recycling and composting, and to achieve the state's solid waste disposal reduction goal, with such efforts incorporating the principles of the solid waste management hierarchy established in RSA 149-M:3.

(b) Discussion of opportunities to reduce solid waste generation through source reduction and increase diversion through methods such as recycling and composting.

(c) Goals, strategies, and actions necessary to maintain and ensure adequate disposal capacity for management of waste generated in New Hampshire.

II. Beginning October 1, 2023 and every odd-numbered year thereafter, the department shall prepare a report on the level of achievement in reaching the goal established in RSA 149-M:2 and on proposed strategies for achieving the goal and any proposed changes to the goal. The report shall contain information regarding:

(a) The generation of solid waste in the state.

(b) The disposal of solid waste in the state, including figures on how the management compares with the hierarchy of preferred methods.

(c) Projected state solid waste management and capacity needs.

(d) State and regional trends in solid waste management.

(e) Congressional actions and court rulings that affect solid waste decisions.

(f) On-going efforts by the department and other organizations in the state involved in solid waste issues.

(g) The department's solid waste programs and their focus.

(h) [Repealed.]

(i) A listing of organizations which can provide assistance with solid waste management.

(j) The activities and finances of the solid waste management fund, as required by RSA 149-R:6.


Source. 1996, 251:2; 251:32. 1999, 43:2, eff. May 20, 1999. 2010, 368:28, III, eff. Dec. 31, 2010. 2015, 259:20, eff. July 1, 2015. 2021, 188:6, 7, eff. Oct. 9, 2021. 2022, 226:4, eff. July 1, 2022.

    149-M:3 Achieving Goals;  Hierarchy. 

The general court supports integrated solid waste disposal solutions which are environmentally safe and economically sound. The general court endorses, in order of preference, the following waste management methods:

I. Source reduction.

II. Recycling and reuse.

III. Composting.

IV. Waste-to-energy technologies (including incineration).

V. Incineration without resource recovery.

VI. Landfilling.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:30 Cleanup of Waste Sites;  Priorities;  Rulemaking. 

I. (a) In addition to any other powers conferred upon cities, towns, districts and counties by this chapter or by RSA 147-B, cities, towns, districts, and counties shall have the power to finance costs incurred for the closing and cleanup of landfills and other solid waste facilities and for the closing and cleanup of hazardous waste sites, excluding Superfund sites, as provided in RSA 147-B. Considerations for determining priority for eligibility to incur debt in the form of bonds guaranteed by the state of New Hampshire for solid waste landfill closure and cleanup of hazardous waste sites shall be as follows, in order of highest to lowest priority:

(1) Facility poses immediate risk to human health.

(2) Facility poses potential risk to human health.

(3) Facility with high level source of contamination identified.

(4) Facility with surface water impact identified.

(5) Facilities with approved closure plans ready for construction.

(6) Facilities with closure plans that have been deemed complete.

(7) Facilities for which hydrogeological investigations have been completed in accordance with an approved workscope and which have obtained a groundwater management permit and are actively engaged in the final design of the closure system.

(8) Facility shows groundwater impact with no alternate water supply in area.

(9) Facility shows high concentration of groundwater contamination with alternate water supply in area.

(10) Facility shows low concentration of groundwater contamination with alternate water supply available.

(b) Project priority may be adjusted by the commissioner when such adjustments are determined to be required to further protect public health and the environment.

II. If the amount of bonds authorized in a given year exceeds the annual bond limit, the commissioner shall recommend allocation of the bond guarantees based on the priority ranking system under paragraph I.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:32, eff. Aug. 9, 1996 at 12:01 a.m. 2007, 138:3, eff. Aug. 17, 2007.

    149-M:31 State Guarantee. 

I. In view of the public benefits resulting from the proper closing of landfills and other solid waste facilities and for the closing and cleanup of qualifying hazardous waste sites, the governor and council are authorized in the name of the state of New Hampshire to guarantee unconditionally, but at no time in excess of the total aggregate sum for the entire state of $10,000,000, the payment of all or any portion, as they may find to be in the public interest, of the principal of and interest on any bonds or notes issued by any city, town, district, or county for the closing and cleanup of any landfill or any other solid waste facility or the closing and cleanup of any hazardous waste site, excluding Superfund sites, and the full faith and credit of the state are pledged for any such guarantee. The outstanding amount of principal and interest on such bonds and notes, the payment of which has been guaranteed by the state under the provisions of this section, shall at no time exceed the amount of $10,000,000.

II. The state's guarantee shall be endorsed on such bonds or notes by the state treasurer, and all notes or bonds issued with the state guarantee shall be sold at public sealed bidding to the highest bidder. Any and all such bids may be rejected and a sale may be negotiated with the highest bidder. In the event of default in payment of any such notes or bonds, the state may recover any losses suffered by it in an action against a municipality or county, as provided in RSA 530, provided, further, that in accordance with RSA 35-A:29, the foregoing requirement for public sealed bidding shall not be applicable to any bonds or notes, or both, so guaranteed which are sold to the New Hampshire municipal bond bank, and any bonds or notes, or both, so guaranteed may be sold to the New Hampshire municipal bond bank at private sale in accordance with the provisions of RSA 35-A.


Source. 1996, 251:2, eff. Aug. 9, 1996. 2008, 49:3, eff. July 1, 2008.

    149-M:32 Statement of Purpose. 

The general court finds that the presence of heavy metals in packaging is to be considered a matter of concern in connection with the overall solid waste stream because such metals are likely to be present in leachate when packaging is landfilled or in emissions when packaging is incinerated. The general court further finds that lead, cadmium, mercury, and hexavalent chromium, on the basis of available scientific and medical evidence, are of particular concern and that elimination of the addition of these heavy metals to packaging is a desirable first step in reducing the toxicity of packaging waste. Further, the general court finds that such a reduction in the toxicity of packaging waste should be accomplished without impeding or discouraging the expanded use of recycled materials in the production of packaging and its components.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:33 Definitions. 

In this subdivision:

I. "Distribution" means the practice of taking title to a package or packaging components for promotional purposes or resale. Persons involved solely in delivering a package or packaging components on behalf of third parties are not considered distributors.

II. "Distributor" means any person, firm, or corporation which takes title to goods produced either domestically or in a foreign country purchased for resale.

III. "Incidental presence" means the presence of a regulated metal as an unintended or undesired ingredient of a package or packaging component.

IV. (a) "Intentional introduction" means the act of deliberately utilizing a regulated metal in the formulation of a package or packaging component where its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance, or quality.

(b) "Intentional introduction" does not mean:

(1) The use of a regulated metal as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, whereupon the incidental retention of a residue of such metal in the final package or packaging component is neither desired nor deliberate, if the final package or packaging component is in compliance with RSA 149-M:34, III.

(2) The use of recycled materials as feed stock for the manufacture of new packaging materials, where some portion of the recycled materials may contain amounts of the regulated metals, if the new package or packaging component is in compliance with RSA 149-M:34, III.

V. "Manufacturer" means any person producing a package or packaging component.

VI. "Manufacturing" means physical or chemical modification of a material to produce packaging or packaging components.

VII. "Package" means any container, produced either domestically or in a foreign country, providing a means of marketing, protecting, or handling a product. "Package" shall include a unit package, an intermediate package, or a shipping container as defined in the American Society for Testing and Materials (ASTM), public number D-996. "Package" shall also mean and include such unsealed receptacles as carrying cases, crates, cups, pails, rigid foil, and other trays, wrappers and wrapping films, bags, and tubs.

VIII. "Packaging component" means any individual assembled part of a package which is produced either domestically or in a foreign country, including, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks, and labels. Tin-plated steel that meets the American Society for Testing and Materials (ASTM) specification A-623 shall be considered as a single package component. Electro-galvanized coated steel and hot dipped coated galvanized steel that meets the American Society for Testing and Materials (ASTM) specifications A-525 and A-879 shall be treated in the same manner as tin-plated steel.

IX. "Post-consumer material" means only those products generated by either a commercial entity or consumer which have served their intended end uses and which have been separated or diverted from solid waste for the purposes of collection, recycling, and disposition.

X. "Supplier" means any person who sells, offers for sale, or offers for promotional purposes packages or packaging components which shall be used by any other person to package a product.


Source. 1996, 251:2. 1999, 54:3, 4, eff. July 20, 1999.

    149-M:34 Prohibition;  Schedule for Removal of Intentional and Incidental Amounts. 

The schedule for removal of lead, cadmium, mercury, or hexavalent chromium in any package or packaging component shall be as follows:

I. No package or packaging component shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state of New Hampshire which includes, in the package itself or in any packaging component, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution. This prohibition shall not apply to the incidental presence of any of these elements.

II. No product shall be offered for sale or for promotional purposes by its manufacturer or distributor in the state of New Hampshire in a package which includes, in the package itself or in any of its packaging components, inks, dyes, pigments, adhesives, stabilizers, or any other additives, any lead, cadmium, mercury, or hexavalent chromium which has been intentionally introduced as an element during manufacturing or distribution. This prohibition shall not apply to the incidental presence of any of these elements.

III. The sum of the concentration levels of lead, cadmium, mercury, and hexavalent chromium incidentally present in any package or packaging component shall not exceed 100 parts per million by weight (0.01 percent).


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:35 Exemptions. 

I. All packages and packaging components shall be subject to this subdivision, except the following:

(a) Those packages or packaging components with a code indicating that the date of manufacture was prior to April 27, 1990.

(b) Those packages or packaging components to which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process in order to comply with health or safety requirements of federal law, provided that the manufacturer of a package or packaging component petitions the commissioner for an exemption from the provisions of this subdivision for a particular package or packaging component based upon compliance with health or safety requirements of federal law. The commissioner may grant an exemption for no more than 2 years and such an exemption may, upon reapplication for exemption and meeting the criterion for exemption under this paragraph, be renewed at 2-year intervals.

(c) A package or packaging component in which lead, cadmium, mercury, or hexavalent chromium have been added in the manufacturing, forming, printing, or distribution process for which there is no feasible alternative, provided that the manufacturer of a package or packaging component shall petition the commissioner for an exemption from the provisions of this subdivision for a particular package or packaging component based upon this criterion and shall submit such documentation as is necessary to support the request for the exemption. The commissioner may grant an exemption for no more than 2 years if warranted by the circumstances, provided that such an exemption may, upon reapplication for exemption and meeting the criterion for exemption under this paragraph, be renewed at 2-year intervals. For purposes of this paragraph, a use for which there is no feasible alternative is one in which the petitioner conclusively demonstrates that the regulated substance is essential to the protection, safe handling, or function of the package's contents and that technical constraints preclude the substitution of other materials. "No feasible alternative" does not include use of any of the regulated metals for the purposes of marketing.

(d) Packages and packaging components that would not exceed the maximum contaminant levels set forth in RSA 149-M:34, III, but for the addition of recycled materials; provided that the exemption shall not apply to any cadmium, lead, mercury, or hexavalent chromium that has been recovered and separated from other materials for use as a metal or a metallic compound; and provided that the packages or packaging components do not exceed a maximum concentration limit of 200 parts per million for the use of the 4 metals.

(e) A package or packaging component that is reused but exceeds contaminant levels established in RSA 149-M:34, III, provided that the product conveyed by such packages or the packaging component is regulated under federal or state health or safety requirements; and provided that transportation of such packaged product is regulated under federal or state transportation requirements, and provided that disposal of such package is performed according to federal or state radioactive or hazardous waste disposal requirements, and provided that the manufacturer or distributor of the packages and packaging components notifies the department of the applicability of an exemption under this subparagraph to its packages or packaging components, and provided that an exemption under this subparagraph shall expire on January 1, 2020.

(f) A package or packaging component having reusable entities, which means a controlled distribution and reuse, that exceed the contaminant levels established in RSA 149-M:34, III, provided that the manufacturers or distributors of such package or packaging component shall petition the commissioner for exemption and receive approval from the commissioner, working with the Toxics in Packaging Clearinghouse according to standards for a plan established in this section and based upon satisfactory demonstrations that the environmental benefit of the controlled distribution and reuse is significantly greater as compared to the same package manufactured in compliance with the contaminant levels established in RSA 149-M:34, III; and provided that an exemption under this subparagraph shall expire on January 1, 2020.

(g) Those packages or packaging components containing liquor, as defined in RSA 175:1, XLII, manufactured prior to April 27, 1990.

(h) A package or packaging component that is glass or ceramic which has a vitrified label that, when tested in accordance with Toxicity Characteristic Leaching Procedure, test Method 1311, published in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, does not exceed one part per million for cadmium, 5 parts per million for lead, or 5 parts per million for total chromium. Mercury shall not be exempted by this provision.

II. A plan to be proposed by the manufacturer or designee seeking an exemption shall include each of the following elements:

(a) A means of identifying in a permanent and visible manner those reusable entities containing regulated metals for which an exemption is sought.

(b) A method of regulatory and financial accountability so that a specified percentage of such reusable entities manufactured and distributed to other persons are not discarded by those persons after use but are returned to the manufacturer or designee.

(c) A system of inventory and record maintenance to account for the reusable entities placed in, and removed from, service.

(d) A means of transforming returned entities that are no longer reusable into recycled materials for manufacturing or into manufacturing waste which are subject to existing federal or state laws or regulations governing such manufacturing waste to ensure that these wastes do not enter the commercial or municipal waste stream.

(e) A system of annually reporting to the commissioner changes to the system and changes in designees.

(f) A description of efforts to seek or develop alternatives to minimize or eliminate the use of the regulated metal in the package or packaging component.


Source. 1996, 251:2. 1999, 54:5, eff. July 20, 1999. 2008, 41:1, eff. July 11, 2008. 2009, 167:2, 3, eff. June 30, 2009.

    149-M:36 Certificate of Compliance. 

I. A certificate of compliance stating that a package or packaging component is in compliance with the requirements of this subdivision shall be furnished by its manufacturer or supplier to its purchaser. If compliance is achieved under RSA 149-M:34, the certificate shall state the specific basis upon which the exemption is claimed. The certificate of compliance shall be signed by an authorized official of the manufacturing or supplying company. The purchaser shall retain the certificate of compliance for as long as the package or packaging component is in use. A copy of the certificate of compliance shall be kept on file by the manufacturer or supplier of the package or packaging component. Certificates of compliance, or copies thereof, shall be furnished to the department and to members of the public in accordance with RSA 149-M:39.

II. If the manufacturer or supplier of the package or packaging component reformulates or creates a new package or packaging component, the manufacturer or supplier shall provide an amended or new certificate of compliance for the reformulated or new package or packaging component.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:37 Rulemaking. 

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Procedures for petitions for exemption pursuant to RSA 149-M:35, including renewals of exemptions.

II. Procedures for certificates of compliance pursuant to RSA 149-M:36.

III. A schedule of administrative fines which may be imposed under RSA 149-M:38, VI.

IV. Procedures for notice and hearing prior to the imposition of an administrative fine under RSA 149-M:38, VI.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:38 Enforcement. 

I. The commissioner may issue an order to any person in violation of this subdivision, any rule adopted under this subdivision or any condition in any exemption granted under this subdivision to comply with the subdivision, the rule or condition, and may require such remedial measures as may be necessary.

II. The commissioner may request the attorney general to bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction, or both, to enforce any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision.

III. Any person who knowingly violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision shall be guilty of a misdemeanor if a natural person or guilty of a felony if any other person. Each day of a continuing violation shall constitute a separate violation.

IV. Notwithstanding RSA 651:2, a natural person may, in addition to any sentence of imprisonment, probation or conditional discharge, be fined not more than $25,000 if found guilty of any violation pursuant to paragraph III.

V. Any person who violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision shall be subject to a civil forfeiture not to exceed $25,000 for each violation. Each day of a continuing violation shall constitute a separate violation.

VI. The commissioner, after notice and hearing pursuant to RSA 541-A, may impose an administrative fine not to exceed $2,000 for each violation upon any person who violates any provision of this subdivision, any rule adopted under this subdivision, any condition in any exemption granted under this subdivision, or any order issued pursuant to this subdivision or who makes or certifies a material false statement relative to any certificate of compliance required by this subdivision. Rehearings and appeals from a decision of the commissioner under this paragraph shall be in accordance with RSA 541. Any administrative fine imposed under this paragraph shall not preclude the imposition of other penalties under this chapter.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:39 Public Access. 

Any member of the public may request a certificate of compliance from a manufacturer or supplier of packaging or of a packaging component. The request shall be in writing and shall specifically state the packaging component or package information requested. A copy of the written request shall be provided to the department. The manufacturer or supplier of the package or packaging component shall respond in writing within 60 days of receiving such request. A copy of the response shall also be provided to the department.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:4 Definitions. 

In this chapter:

I. "Abutter" means any person who owns property adjacent to, or across a road, railroad, or stream from the property on which a solid waste facility may be permitted.

I-a. "
Advanced recycling
" means a manufacturing process for the conversion of post-use polymers and recovered feedstocks into basic raw materials, feedstock chemicals, and other products like waxes and lubricants through processes that include pyrolysis, gasification, depolymerization, catalytic cracking, reforming, hydrogenation, solvolysis, and other similar technologies. The recycled products produced at advanced recycling facilities include monomers, oligomers, plastics, plastics and chemical feedstocks, basic and unfinished chemicals, waxes, lubricants, and coatings. For the purposes of this chapter, the primary products of advanced recycling shall not include hydrocarbons which are marketed, sold, or used as fuel for energy. Incidental products may be used for fuel only within the facility. For the purposes of this chapter, "advanced recycling" shall not be considered solid waste management, solid waste processing, waste processing, treatment, incineration, or combustion.

I-b. "
Advanced recycling facility
" means a facility that receives, stores, and converts post-use polymers and recovered feedstock it receives using advanced recycling. An advanced recycling facility shall be considered a manufacturing facility. For the purpose of this chapter, "advanced recycling facility" shall not include a facility, solid waste facility, solid waste management facility, waste management facility, processing/treatment facility, solid waste collection, storage, and transfer facility, processing facility, treatment facility, or an incinerator.

II. "Approved facility" means a facility with a valid permit from the department.

II-a. "
Certified waste-derived product
" means a constituent of solid waste which is no longer regulated as a solid waste when certified by the department to be recyclable for its original use or alternate uses and which poses no greater risk to the environment, public health, and safety than exists by producing, distributing, using, or disposing comparable products which are not waste-derived. Products derived from advanced recycling shall not be considered waste-derived products or require certification as waste-derived products.

III. "Commissioner" means the commissioner of the department of environmental services.

IV. "Compost" means a stable, humus-like substance which is derived from a process involving the biological decomposition of any readily biodegradable material, such as animal manure, garbage, yard waste, septage, sludge, or other organic solid wastes, and which can be beneficially re-used for land application.

IV-a. "
Construction and demolition debris
" means non-putrescible waste building materials and rubble which is solid waste resulting from the construction, remodeling, repair or demolition of structures or roads. The term includes, but is not limited to, bricks, concrete and other masonry materials, wood, wall coverings, plaster, dry wall, plumbing, fixtures, non-asbestos insulation or roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a manner that conceals other wastes, and electrical wiring and components, incidental to any of the above and containing no hazardous liquid or metals. The term does not include asbestos waste, garbage, corrugated container board, electrical fixtures containing hazardous liquids such as fluorescent light ballasts or transformers, furniture, appliances, tires, drums and containers, and fuel tanks.

IV-b. "
Computer
" means a free standing unit capable of manipulating data according to a list of instructions. It does not include devices with embedded computers, such as automobiles, robots, machines, toys, etc., where the primary function of the embedded computer is to control the function of the device.

V. "Department" means the department of environmental services.

V-a. "
Depolymerization
" means a manufacturing process where post-use polymers are broken into smaller molecules such as monomers, oligomers, plastic or chemical feedstocks, or other basic raw materials.

VI. "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste into or onto any land or water with the possible result that such solid waste or any constituent of it may enter the environment, be emitted into the air, or be discharged into any waters, including groundwater.

VII. "District" means a solid waste management district established under RSA 149-M:24.

VIII. "District plan" means the plan developed for waste management within a district. and approved by the department.

VIII-a. "
Electronic waste
" includes computer monitors containing a cathode ray tube, laptop computers, liquid crystal display (LCD) computer monitors, plasma and LCD televisions, printers, cell phones, copiers, fax machines, and video display media recorder/players.

VIII-b. "
End-of-life motor vehicle
" means a wrecked, worn-out, junk, or other motor vehicle that is no longer intended for use according to its original purpose and is destined for final disposal. The term does not include a motor vehicle that is being kept for repair or restoration, or that is temporarily impounded pending identification of last owner of record or settlement of an insurance claim.

IX. "Facility" means a location, system, or physical structure for the collection, separation, storage, transfer, processing, treatment, or disposal of solid waste.

IX-a. "
General permit
" means a permit which contains terms and conditions applicable to a specific category of facility, which applies to any facility in that category which has submitted the required information and agreed to abide by the stated terms and conditions.

IX-b. "
Gasification
" means a manufacturing process through which recovered feedstocks are heated and converted into synthesis gas in an oxygen-deficient atmosphere and the mixture is converted into valuable raw materials.

X. "Hearing" means the opportunity for the submission of written or oral comments, or both.

X-a. "Incinerator" means a facility which employs a method of using controlled thermal combustion, including flame combustion, to thermally break down waste or other materials, including refuse-derived fuel, to an ash residue that contains little or no combustible materials.

XI. "Manure" means animal feces and urine with natural organic bedding materials such as hay, sawdust, straw, or wood chips, but exclusive of human waste.

XI-a. "
Motor vehicle crusher
" means a mechanical device used to intentionally flatten and reduce the volume of end-of-life motor vehicles to facilitate the transportation of such vehicles to a scrap processing facility. The term includes both mobile and stationary devices. The term also includes loggers and balers.

XI-b. "
Motor vehicle salvage facility
" means a place where end-of-life motor vehicles are received, kept and drained, dismantled, or otherwise processed for final disposal at a scrap metal processing facility. The term shall not include any facility that does not require a license under RSA 236:111 through RSA 236:129.

XII. "Order" means an official written notice requiring compliance with a statute, rule, or permit.

XIII. "Out-of-state solid waste" means solid waste generated or originating outside the borders of the state, but not including solid waste generated or originating from communities participating in cooperative agreements authorized by RSA 53-D.

XIV. "Permit" means an authorization from the department for the construction and operation of a facility.

XV. "Person" means any individual; business entity, including a trust, firm, joint stock company, corporation (including a government corporation); partnership; association; government agency; or political subdivision of the state.

XV-a. "
Post-use polymer
" means a plastic to which all of the following apply:

(a) The plastic is derived from industrial, commercial, agricultural, or domestic activities.

(b) The plastic is not mixed with solid waste or hazardous waste.

(c) The plastic's use or intended use is as a feedstock for mechanical or chemical recycling.

(d) The plastic has been sorted from solid waste and other regulated waste but may contain residual amounts of solid waste such as organic material and incidental contaminants or impurities such as paper labels and metal rings.

XVI. "Private facility" means one whose permit is held by a person other than a government unit or agency or political subdivision of the state.

XVII. "Public benefit" means the protection of the health, economy, and natural environment of the state of New Hampshire consistent with RSA 149-M:11.

XVIII. "Public facility" means one whose permit is held by a town or other governmental unit or agency or political subdivision of the state, or a combination thereof.

XVIII-a. "
Pyrolysis
" means a manufacturing process through which post-use polymers are heated in the absence of oxygen, sometimes in the presence of catalysts, until thermally decomposed and are then cooled and condensed. The resulting chemicals, when separated from wastes, can provide raw materials for the production of plastics, lubricants, waxes, and other industrially useful chemicals.

XVIII-b. "
Recovered feedstock
" means one or more of the following materials that has been processed so it may be used as feedstock in an advanced recycling facility:

(a) Post-use polymers.

(b) Materials for which the United States Environmental Protection Agency has made a non waste determination pursuant to 40 C.F.R. 241.3(c), or has otherwise determined are feedstocks and not solid waste.

(c) Recovered feedstock does not include unprocessed municipal solid waste.

(d) Recovered feedstock is not mixed with solid waste or hazardous waste onsite or during processing at an advanced recycling facility.

XIX. "Recyclable materials" means materials that can be used to produce marketable goods, including but not limited to separated clear and colored glass, aluminum, ferrous and nonferrous metals, plastics, corrugated cardboard, motor vehicle batteries, tires from motor vehicles, and paper.

XX. "Recycling" means the collection, storage, processing, and redistribution of recyclable materials.

XXI. "
Refuse
" means and includes any waste product, solid or having the character of a solid rather than a liquid in that it will not flow readily without additional liquid, and which is composed wholly or partly of such materials as garbage, swill, sweepings, cleanings, trash, rubbish, litter, industrial or domestic solid wastes; organic wastes or residue of animals sold as meat; fruit, vegetable or animal matter from kitchens, dining rooms, markets, food establishments or any places dealing in or handling meat, fowl, fruits, grain or vegetables; offal, animal excreta, or the carcasses of animals; construction and demolition debris; or accumulated waste material, cans, containers, tires, junk, or other such substances which may become a nuisance.

XXII. "
Solid waste
" means any matter consisting of putrescible material, refuse, residue from an air pollution control facility, and other discarded or abandoned material. It includes solid, liquid, semisolid or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities. For purposes of this chapter, it does not include hazardous waste as defined in RSA 147-A:2; solid or dissolved materials in irrigation return flows; cut or uprooted tree stumps buried on-site with local approval if required, provided that such burial locations are not located within 75 feet of any drinking water supply; municipal and industrial discharges which are point sources subject to permits under section 402 
 of the federal Water Pollution Control Act, as amended; source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954,
 as amended; septage or sludge as defined in RSA 485-A:2, IX-a and XI-a; or post-use polymers and recovered feedstocks converted at an advanced recycling facility or held at such facility prior to conversion.

XXII-a. "
Solvolysis
" means a manufacturing process through which post-use polymers are purified with the aid of solvents, while heated at low temperatures and/or pressurized to make useful products, allowing additives and contaminants to be removed. The products of solvolysis include monomers, intermediates, and valuable chemicals and raw materials. The process includes but is not limited to hydrolysis, amylolysis, ammonolysis, methanolysis, and glycolysis.

XXIII. "Solid waste management" means the systematic administration of activities for the collection, separation, processing, treatment, transportation, transfer, storage, recovery, and disposal of solid waste.

XXIV. "Source reduction" means changing industrial processes, technologies, and product components with the specific objective of reducing the amount or toxicity of waste at the source.

XXV. "Special waste" means any matter consisting of medical or infectious wastes.

XXVI. "State plan" means the state solid waste management plan developed under RSA 149-M:29.

XXVII. "Town" means town, city, unincorporated town, and unorganized place.

XXVII-a. "
Transfer station
" means a solid waste collection, storage, and transfer facility, which collects, stores, and transfers solid waste, including non-recyclable waste.

XXVIII. "
Video display device
" means a visual display component of a television or a computer, whether separate or integrated with a computer central processing unit/box, and includes a cathode ray tube, liquid crystal display, gas plasma, digital light processing, or other image projection technology, greater than 4 inches when measured diagonally, and its case, interior wires, and circuitry.

XXIX. "
Video display media recorder/player
" means an electronic component capable of playing and/or recording analog or digital video signal on or from various types of media, including magnetic tape, optically scanned disks, integral hard drives or other types of memory devices. This includes electronic components such as a videocassette recorder (VCR), a digital video disk (VDR) or a component with a digital hard drive.


Source. 1996, 251:2; 251:28. 1998, 112:1, 2, eff. Aug. 1, 1998. 2006, 171:1, eff. July 1, 2006. 2007, 127:1-3, eff. June 12, 2007; 128:4, eff. Jan. 1, 2008. 2008, 191:1-3, eff. Aug. 10, 2008. 2009, 126:1, 2, eff. June 22, 2009; 314:1, eff. Oct. 6, 2009. 2022, 224:2, eff. Aug. 16, 2022.

    149-M:40 Severability. 

If any provision of this subdivision or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provisions or applications, and to this end the provisions of this subdivision are severable.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:41 Declaration of Policy. 

 In recognition of the potential for harm to both public health and the environment which can result from an unlined solid waste landfill that has not been properly closed or from a municipal incinerator without adequate emissions controls, it is hereby declared to be the policy of this state to encourage municipalities to close all unlined solid waste landfills and certain municipal incinerators in accordance with 42 U.S.C. Section 9601 et seq. and RSA 147-B, RSA 149-M:6 and 149-M:7, and RSA 125-I.


Source. 1996, 251:2. 1999, 347:3, eff. Jan. 21, 2000.

    149-M:42 Definitions. 

In this subdivision:

I. "Closure" means the process used to permanently cease use of a facility, or portion of such facility, in a manner that will minimize future risks of environmental damage.

II. "Department" means the department of environmental services.

III. "
Eligible costs
" means the costs of the closure of a solid waste landfill or municipal incinerator eligible to be covered by the grant established by this subdivision, and shall include costs of hydrogeological and engineering investigation and design, capital construction of closure elements required by rules adopted pursuant to RSA 149-M:7, and construction supervision. Eligible costs shall exclude land acquisition, except for land which is necessary to the physical elements of closure of either an unlined landfill or a municipal incinerator, and any administrative, legal, and fiscal costs related to the closure. "Eligible costs" shall be reduced by amounts received by the municipality from third party sources such as insurance policies, federal assistance, or individuals or entities who have or may have liability for closure costs due to waste disposal activities, but not by benevolent gifts received from third party sources having no liability for closure costs.

IV. "
Municipal incinerator
" means any of the 18 municipally owned solid waste incinerators constructed prior to July 1, 1998, excluding any designed or intended primarily to burn construction or demolition debris, special wastes, motor vehicle wastes, asbestos, or contaminated soil or other absorbent media. The 18 facilities shall be the waste to energy facility operated by the Lamprey Regional Solid Waste Co-operative in Durham, the waste-to-energy facility operated by the city of Portsmouth at the former Pease Air Force base, and the incinerators located in the following municipalities: Auburn, Bridgewater, Candia, Canterbury, Durham, Lincoln, Litchfield, Nottingham, Ossipee, Pelham, Pittsfield, Plymouth, Sutton, Wilton, Windham, and Wolfeboro.


Source. 1996, 251:2. 1999, 347:4, 5. 2002, 186:1, eff. July 14, 2002.

    149-M:43 State Contributions. 

 The state shall pay annually 20 percent of the annual amortization charges, meaning the principal and interest, on the eligible costs resulting from the closure of unlined solid waste landfills by municipalities, or the closure of eligible municipal incinerators, in accordance with 42 U.S.C. Section 9601 et seq. and RSA 147-B, RSA 149-M:6 and 149-M:7, and RSA 125-I.


Source. 1996, 251:2. 1999, 347:6, eff. Jan. 21, 2000.

    149-M:44 Equitable Allocation of Costs. 

Notwithstanding any other provision of this subdivision, the department shall not approve any contribution under RSA 149-M:43 unless it shall first have information presented to it by the applicant that the applicant has adopted a system of setting aside municipal revenues dedicated to the closure of all publicly owned or operated solid waste facilities in the municipality.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:45 Application for Grant. 

Application for a grant under the provisions of this subdivision shall be made in accordance with rules adopted by the commissioner under RSA 541-A.


Source. 1996, 251:2, eff. Aug. 9, 1996.

    149-M:46 Application Agreement. 

 Applications for state grants under this subdivision shall contain an agreement that the applicant has closed or shall close the unlined solid waste landfill or municipal incinerator in accordance with plans and specifications approved by the department, pursuant to rules adopted by the commissioner under RSA 541-A, and will provide proper post-closure monitoring and maintenance of the landfill, or incinerator, if required. Such plans and specifications shall not be more stringent than federal requirements. Failure to close the solid waste landfill or municipal incinerator in accordance with plans and specifications approved by the department or to provide proper post-closure monitoring and maintenance of the landfill or incinerator site, if required, shall result in loss of payments of the annual grant installment next following such failure. Such loss of payment of the annual grant installment shall continue in effect until such time as the municipality has completed the steps necessary to close the landfill in accordance with plans and specifications approved by the department and has provided proper post-closure monitoring and maintenance of the landfill or incinerator site, if required.


Source. 1996, 251:2. 1999, 347:7, eff. Jan. 21, 2000.

    149-M:47 Eligibility and Priority of Applications. 

I. The department shall establish and maintain a list of closures eligible to receive grants pursuant to RSA 149-M:43. The list shall identify the projects in priority order beginning with the highest priority as set forth in RSA 149-M:49.

II. The list for each fiscal year shall be prepared based on information supplied to the department by the applicant no later than February 1 prior to the beginning of each fiscal year.

III. The commissioner or designee shall hold an annual public hearing to receive testimony on the list of solid waste landfills or municipal incinerators proposed for each fiscal year. After considering the testimony offered at the hearing, the commissioner shall prepare the final list, and assistance shall be granted in the fiscal year accordingly.

IV. Notwithstanding any other law to the contrary, the provisions of this section shall not be subject to RSA 541-A.


Source. 1996, 251:2. 1999, 347:8, eff. Jan. 21, 2000.

    149-M:48 Assistance to Municipalities. 

The department shall have the duty to:

I. Provide advice to municipalities engaged in:

(a) Preliminary project planning and design;

(b) Development of closure plans; or

(c) Development of grant applications for funding under this subdivision.

II. Review and approve preliminary and final closure plans for the proposed project, in accordance with 42 U.S.C. Section 9601, et seq., and RSA 147-B, 149-M:6 and 149-M:7.

III. Review and approve revisions or formal addenda to approved plans and specifications.

IV. Process grant applications for state approval.

V. Perform periodic site inspections as necessary.

VI. Review and approve change orders during the construction period.

VII. In conjunction with the applicant's qualified professional engineer, conduct an inspection of the landfill or incinerator upon completion of the closure work to approve substantial completion.

VIII. Based upon a satisfactory construction completion inspection, and the receipt of as-built drawings for landfills and a report for incinerators, review and approve final eligible project costs.


Source. 1996, 251:2. 1999, 347:9, eff. Jan. 21, 2000.

    149-M:49 Priorities. 

Considerations for determining eligibility for assistance shall be as follows, in order of highest to lowest priority:

I. Facilities with closure plans that have been approved and are ready for construction, and within this group the priority shall be as follows:

(a) Facility poses an immediate risk to human health.

(b) Facility poses a potential risk to human health.

(c) Facility has an identified high level source of contamination.

(d) Facility has an identified surface water or air quality impact.

(e) Facility has an approved closure plan ready for construction.

II. Facilities with closure plans that have been deemed complete, and within this group the priority shall be as follows:

(a) Facility poses an immediate risk to human health.

(b) Facility poses a potential risk to human health.

(c) Facility has an identified high level source of contamination.

(d) Facility has an identified surface water or air quality impact.

(e) Facility has a closure plan that has been deemed complete.

III. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with a work plan approved by the department, which have obtained a groundwater permit, if required, and which are actively in the process of having a closure system designed.

IV. Facilities for which hydrogeological investigations or engineering reports have been initiated in accordance with an approved workscope and for which closure is actively being pursued.

V. Facilities which show high concentrations of groundwater impact in an area where drinking water is drawn from the groundwater, and an alternative water supply is not available.

VI. Facilities which show high concentrations of groundwater impact in an area where drinking water is drawn from the groundwater, and an alternative water supply is available.

VII. Facilities which show low concentrations of groundwater contamination in an area where drinking water is drawn from the groundwater, and an alternative water supply is not available.


Source. 1996, 251:2. 1999, 347:10-12, eff. Jan. 21, 2000.

    149-M:5 Administration and Enforcement. 

The department shall administer and enforce this chapter. The department is hereby named as the state agency for planning and regulating solid waste management.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.

    149-M:50 Applicability;  Reimbursement of Eligible Costs. 

The department shall determine the eligible costs of each municipal solid waste landfill completed between fiscal year 1985 and fiscal year 1995 in accordance with the records on file at the department pertaining to each such closure and its eligible costs and for the closure of the waste-to-energy incinerators operated by the Lamprey Regional Solid Waste Co-operative and the city of Portsmouth, and eligible municipal incinerators which ceased operating prior to July 1, 1998. The department shall assume 20 percent of such eligible costs and the interest cost related to that 20 percent on bonds issued on such projects beginning on July 1, 1995 for landfills and July 1, 1998 for incinerators. The department shall determine the amount due for such eligible costs prior to July 1, 1995 for landfills and July 1, 1998 for incinerators and, with prior approval of the joint legislative fiscal committee and the governor and council, reimburse each municipality subject to the funds as appropriated by the legislature for this purpose.


Source. 1996, 251:2. 1999, 347:13, eff. Jan. 21, 2000.

    149-M:51 Definitions. 

In this subdivision:

I. "
Manufacturer
" means any person, firm, association, partnership, corporation, governmental entity, organization, combination, or joint venture which produces a product containing mercury or an importer or domestic distributor of a product containing mercury produced in a foreign country. In the case of a multi-component product containing mercury the manufacturer is the last manufacturer to produce or assemble the product. If the multi-component product is produced in a foreign country, the manufacturer is the importer or domestic distributor.

II. "
Mercury-added novelty
" means a mercury-added product intended mainly for personal or household enjoyment or adornment. Mercury-added novelties include, but are not limited to, items intended for use as practical jokes, figurines, adornments, toys, games, cards, ornaments, yard statues and figures, candles, jewelry, holiday decorations, and items of apparel, including footwear.

III. "
Mercury-added product
" means a product or a product with a component that contains mercury or a mercury compound intentionally added to the product or component in order to provide a specific characteristic, appearance, or quality or to perform a specific function or for any other reason.

IV. "
Mercury fever thermometer
" means a mercury-added product that is used for measuring body temperature.

IV-a. "
Mercury relay
" means a mercury-added product or device that opens or closes electrical contacts to effect the operation of other devices in the same or another electrical circuit, including mercury displacement relays, mercury wetted reed relays, and mercury contact relays.

IV-b. "
Mercury switch
" means a mercury-added product or device that opens or closes an electrical circuit or gas valve, including mercury float switches actuated by rising or falling liquid levels, mercury tilt switches actuated by a change in the switch position, mercury pressure switches actuated by a change in pressure, mercury temperature switches actuated by a change in temperature, and mercury flame sensors. "Mercury switch" shall not include a mercury-added thermostat.

IV-c. "
Mercury-added thermostat
" means a product or device that uses a mercury switch to sense and control room temperature through communication with heating, ventilating, or air-conditioning equipment.

V. "
Product containing mercury
" means any product or any product with a component that contains mercury or a mercury compound from any source or cause, whether intended or unintended, including, but not limited to, a mercury-added product and a product manufactured using mercury.


Source. 2000, 278:2, eff. Jan. 1, 2001. 2007, 105:1, eff. Aug. 10, 2007. 2008, 383:2, eff. July 11, 2008.

    149-M:52 Notification. 

I. Six months after the effective date of this section no mercury-added product shall be offered for final sale or use or distributed for promotional purposes in this state without prior notification in writing by the manufacturer of the product to the department in accordance with the requirements of this section. Such notification shall at a minimum include:

(a) A brief description of the product to be offered for sale, use, or distribution.

(b) The amount of and purpose for mercury in each unit of the product reported as an exact number or average per product with an upper and lower limit unless waived by the department due to confidentiality or practical considerations.

(c) The name and address of the manufacturer, and the name, address, and telephone number of a contact person for the manufacturer.

(d) The total amount of mercury contained in all mercury containing products sold in the United States, provided either by individual manufacturers or aggregated for an industry by a trade group.

II. With the approval of the department, the manufacturer may supply the information required above for a product category rather than an individual product. The manufacturer shall update and revise the information in the notification whenever there is significant change in the information or when requested by the department. The department may define and adopt specific requirements in accordance with RSA 541-A for the content and submission of the required notification.

III. Any information furnished pursuant to the requirements of this section, which, as certified by the manufacturer, relates to production or sales figures or to processes or production unique to the manufacturer or which would tend to affect adversely the competitive position of the manufacturer, shall be only for the confidential use of the department and the interstate clearing house in the administration of this section, unless the manufacturer shall expressly agree to their publication or availability to the general public. Nothing herein shall be construed to prevent the use of such information by the department and the interstate clearinghouse in compiling or publishing analyses or summaries relating to the amount and effect of mercury in products and the environment; provided that the analyses or summaries do not identify any manufacturer or reveal any information otherwise confidential under this section.

IV. This section shall not apply to prescription drugs or any substance that may be lawfully sold over the counter without a prescription under the Federal Food, Drug and Cosmetic Act, 21 U.S.C. 301 et. seq.


Source. 2000, 278:2, eff. Jan. 1, 2001.

    149-M:53 Restrictions on the Sale of Certain Mercury-Added Products. 

I. No later than one year after the effective date of this section, no toy, game, card, ornament, or mercury-added novelty shall be offered for final sale or use or distributed for promotional purposes in this state if the seller knows or has reason to know that the product contains mercury. Manufacturers that produce and sell mercury-added novelties shall notify retailers about the provisions of this section and how to dispose of the remaining inventory properly.

II. Six months after the effective date of this section, a person shall not sell or supply mercury fever thermometers to consumers and patients, except by prescription. The manufacturers of mercury fever thermometers shall supply clear instructions on the careful handling of the thermometer to avoid breakage and proper cleanup should a breakage occur with all mercury fever thermometers sold through prescriptions.

III. As of the effective date of this section, no school in this state shall use or purchase for use in a primary or secondary classroom, elemental mercury, mercury compounds, or mercury-added instructional equipment and materials, except measuring devices and thermometers for which no adequate substitute exists which are used in school laboratories.

IV. (a) Beginning January 1, 2008, the following mercury-added products shall not be sold, offered for sale, or distributed as a new manufactured product:

(1) A barometer.

(2) An esophageal dilator, bougie tube, or gastrointestinal tube.

(3) A flow meter.

(4) A hydrometer.

(5) A hygrometer or psychrometer.

(6) A manometer.

(7) A pyrometer.

(8) A sphygmomanometer.

(9) A thermometer, except as provided in paragraph II.

(b) This paragraph shall not apply if use of the product is a federal requirement or if the only mercury-added component in the product is a button cell battery.

V. (a) Beginning July 1, 2008, no person shall sell, offer for sale, or distribute a new manufactured mercury switch, mercury relay, or mercury-added thermostat individually or as a product component. This prohibition does not apply if the switch, relay, or thermostat is used to replace a switch, relay, or thermostat that is a component in a larger product in use prior to July 1, 2008 provided that no compatible non-mercury replacement component exists.

(b) This paragraph does not apply to the sale of a mercury switch, relay, or thermostat if its use is a federal requirement.

VI. The manufacturer or user of a product or products under paragraphs IV and V may apply to the department for an exemption by filing a written petition with the commissioner and submitting written notification to the regional clearinghouse. For products in production on the effective date of this program, the exemption request shall be received by November 1, 2007. For new products the exemption request shall be received 6 months prior to the date of sale. With agency approval an agent of the manufacturer, who may be a user, may apply for an exemption. The commissioner may grant an exemption with or without conditions upon finding that:

(a) Reasonable efforts have been made to remove mercury from the product; and

(b) One of the following applies:

(1) Use of the product provides a net benefit to the environment, public health, or public safety when compared to available non-mercury alternatives; or

(2) Technically feasible non-mercury alternatives are not available at a reasonable cost.

VII. Prior to approving an exemption, the commissioner shall consult with the member states of the interstate clearinghouse established under RSA 149-M:56. The commissioner shall be as consistent as possible with the member states in granting exemptions. Exemptions shall be in effect for no less than 2 years and may be renewed upon written application if the commissioner finds that the mercury-added product continues to meet the criteria of paragraph VI and the manufacturer or other persons comply with the conditions of its original approval. With department approval, an agent of the manufacturer may apply for the exemption renewal.

VIII. Within 6 months of receiving an exemption, an applicant shall provide a written plan to the commissioner for the proper collection, transportation, and processing of the product at the end of its life.


Source. 2000, 278:2, eff. Jan. 1, 2001. 2007, 105:2, eff. Aug. 10, 2007. 2008, 383:3, eff. July 11, 2008.

    149-M:54 Limitations on the Use of Elemental Mercury. 

As of the effective date of this section, no person shall sell or provide elemental mercury to another person in this state without providing a material safety data sheet, as defined in 42 U.S.C. section 11049, and requiring the purchaser or recipient to sign a statement that the purchaser:

I. Will use the mercury only for medical, dental amalgam dispose-caps, research, or manufacturing purposes;

II. Understands that mercury is toxic and that the purchaser will store, use, and otherwise handle and dispose of it in accordance with state and federal law; and

III. Will not place or allow anyone under the purchaser's control to place the mercury or cause the mercury to be placed in solid waste for disposal or in a wastewater disposal system.


Source. 2000, 278:2, eff. Jan. 1, 2001. 2007, 105:3, eff. Aug. 10, 2007.

    149-M:55 Public Education and Outreach. 

I. The department shall implement a public education, outreach, and assistance program for households, hazardous waste generators, local and regional solid waste management agencies, dismantlers, institutions, and schools on the hazards of mercury, the requirements and obligations of individuals, manufacturers, and agencies under this subdivision, and voluntary efforts that individuals, institutions, and businesses can undertake to help further reduce mercury in the environment. The department shall cooperate with manufacturers of mercury-added products and other affected businesses in the development and implementation of public education and technical assistance programs.

II. The department shall cooperate with the neighboring states and provinces and regional organizations in the northeastern United States and Canada on developing outreach, assistance, and education programs, where appropriate.


Source. 2000, 278:2, eff. Jan. 1, 2001.

    149-M:56 Interstate Clearinghouse. 

The department is hereby authorized to participate in the establishment and implementation of a regional, multi-state clearinghouse to assist in carrying out the requirements of this subdivision and to help coordinate reviews of the manufacturers' notifications regarding mercury-added products, applications for phase-out exemptions, reviews of the collection plans, the disclosures of mercury content, applications for alternative labeling, and education and outreach. The clearinghouse may also maintain a list of all products containing mercury, including mercury-added products; a file on all exemptions granted by the states; and a file of all the manufacturers' reports on the effectiveness of their collection systems.


Source. 2000, 278:2, eff. Jan. 1, 2001.

    149-M:57 State Review. 

The department shall, in consultation with the Committee on the Environment of the Conference of New England Governors and Eastern Canadian Premiers, review the effectiveness of this subdivision no later than 4 years after the effective date of this section and shall provide a report based upon that review to the governor and the legislature. The report shall review the effectiveness of the programs required under the subdivision and may contain recommendations for improving them.


Source. 2000, 278:2, eff. Jan. 1, 2001.

    149-M:58-a Mercury-Added Thermostat Collection Program. 

I. (a) Each manufacturer of mercury-added thermostats sold in New Hampshire shall, individually or collectively, establish and maintain a department-approved collection and recycling program for out-of-service mercury-added thermostats from contractors, service technicians, and residents. For the purpose of this section, "
manufacturer
" means the holder of the brand name of the thermostat.

(b) Such program shall:

(1) Strive to maximize the capture and recycling rate of out-of-service mercury-added thermostats.

(2) Provide assistance and education to contractors, service technicians, residents, and municipalities to encourage the return of mercury-added thermostats to established recycling collection points.

(3) Ensure that the handling and recycling of mercury-added thermostats is performed in accordance with applicable laws.

(c) The program shall involve no direct cost to wholesalers, contractors, service technicians, or residents for participating in the program, except that wholesalers and contractors may be assessed a one-time administrative fee not to exceed $25 for each authorized collection bin provided for their own use.

(d) Thermostat collection bins shall be provided to all wholesaler locations, and to all household hazardous waste, solid waste, and universal waste locations approved by the department for this purpose.

(e) The department may specify minimum safety training, operating conditions, and other requirements as needed to ensure the safe and efficient collection of mercury-added thermostats at household hazardous waste and universal waste facilities.

II. The program shall be operational 6 months after the effective date of this section.

III. (a) Each manufacturer, individually or as a group, shall propose to the department for review and approval the collection program required under paragraph I, no later than 3 months after the effective date of this section.

(1) The proposed program may be a new program or include appropriate enhancements to an existing program.

(2) The proposed program shall include an education and outreach component that identifies the mechanisms for providing the necessary information to contractors, service technicians, residents, retailers, and municipalities on an initial and ongoing basis, and identifies the appropriate persons to develop and utilize such mechanisms. Such mechanisms may include, but shall not be limited to, public service announcements, written materials, signage, and visual aids.

(b) If the program proposal is approved, with or without conditions, the manufacturer shall implement the program by the date required in paragraph II.

(c) If the entire program is disapproved, the department shall inform the manufacturer of the reasons for the disapproval. The manufacturer shall have 30 days thereafter to submit a new program.

(d) If the new program is disapproved, the manufacturer shall be out of compliance for the purposes of paragraph IV beginning on the date the new program is disapproved by the department, if that date is later than the implementation date specified in paragraph II.

(e) The department shall take into account the experience of relevant thermostat collection programs in other states, and shall approve a proposed manufacturer collection program if it contains terms and conditions sufficient for the department to conclude that the proposed program represents the best available approach for improving mercury-added thermostat collection in this state.

(f) The department shall provide opportunities for stakeholders, including representatives from wholesalers, contractors, retailers, and environmental groups to provide input into the development and implementation of the collection program, including opportunities prior to the submission of the initial proposals.

IV. A manufacturer not in compliance with this section is prohibited from offering any thermostat for sale in this state.

V. (a) Effective 6 months after the effective date of this section, a wholesaler shall not sell a thermostat in the state unless the wholesaler acts as a collection site for thermostats that contain mercury. A wholesaler may meet the requirements of this paragraph by participating as a collection site in a manufacturer collection program described in paragraph I.

(b) A wholesaler shall distribute point-of-sale instructions, educational materials, and signage regarding the importance of recycling mercury-added thermostats.

(c) No wholesaler or retailer shall offer for sale in this state any thermostat of a manufacturer that is not in compliance with this section.

(d) A retailer may be required to facilitate the resident recycling program by:

(1) Distributing manufacturer provided, pre-paid mailing labels.

(2) Distributing manufacturer provided, educational materials.

(3) Posting signage regarding the importance of recycling mercury-added thermostats and the location of available collection locations for residents.

(e) The department shall set goals for the collection of thermostats within 4 months of the date of the first annual report of the manufacturer's program. In determining such goals, the department shall review and determine a percentage of thermostats, which may be more or less than the actual number reported in the annual program, to establish the next year's goal. The department may also obtain input from interested stakeholders, including but not limited to, manufacturers, non-governmental entities, municipalities, and the recycling community.

(f) The department may alter any element of the previously developed manufacturer collection program, including but not limited to, the number and location of the collection points and the roles of thermostat manufacturers, wholesalers, retailers, service contractors, and municipal governments in the collection programs, provided such alterations are consistent with the requirements of this and other applicable laws.

VI. (a) Beginning July 1, 2008, the installation of mercury-added thermostats is prohibited.

(b) Beginning July 1, 2008, any mercury-added thermostat removed as a result of new construction, renovation, maintenance installation of a new heating or cooling system, or any similar activity shall be recycled or disposed of as hazardous waste. Any contractor or service technician performing such removal shall be responsible for removing the thermostat from the premises and properly recycling or disposing of the thermostat.

VII. (a) For each collection program established under this section, the manufacturer associated with that program shall submit an annual report to the department, by a date to be determined by the department, that includes at a minimum:

(1) The number of mercury-added thermostats collected and recycled by that manufacturer under this section during the previous year.

(2) The estimated total amount of mercury contained in the mercury components collected by that manufacturer under this section.

(3) An evaluation of the effectiveness of the manufacturer's collection and recycling program.

(4) An accounting of the administrative costs incurred in the course of administering the collection and recycling program developed under this section.

(b) The department shall publish information on its Internet website about the collection and recycling of mercury-added thermostats in the state. This information shall be updated annually and shall include an estimate of how many mercury-added thermostats go out of service in the state each year, a description of the collection programs established under this section, and data on collection rates.

(c) The department shall review the progress of each program and submit a report to the general court by November 1, 2010. The report shall include an assessment of whether the program goals are being met, an assessment of whether any further requirements for retailers, or discounts, savings coupons, or similar programs, should be implemented, and a proposal for any other adjustments that may be required to ensure that the thermostat recycling program is effective. Prior to submitting the report, the department shall consult with all relevant stakeholders and provide a public comment period.


Source. 2008, 383:1, eff. July 11, 2008.

    149-M:58 Disposal Ban. 

I. No person shall knowingly dispose of mercury-added products in solid waste landfills, transfer stations, or incinerators.

II. Owners and operators of solid waste landfills, transfer stations, and incinerators may develop programs to sort, collect, and recycle or dispose of mercury-added products in accordance with applicable laws and regulations.

III. Except as otherwise provided by this section, every person who discards solid waste within the state shall separate mercury-added products from that solid waste for recycling or disposal as a hazardous waste. Any contractor who replaces or removes mercury-added products shall assure the proper separation and recycling or the disposal as a hazardous waste of any discarded mercury-added product.

IV. After proper separation of mercury-added products, each person who discards that waste shall either:

(a) Set that waste in a designated area for collection by a hauler who shall deliver that waste to a facility that is legally authorized and permitted to accept that waste; or

(b) Deliver that waste to a facility that is legally authorized and permitted to accept that waste.

V. Owners and operators of solid waste landfills, transfer stations, and incinerators shall not be found to have knowingly accepted or disposed of mercury-added products if, at a minimum, the facility has implemented all of the following mechanisms:

(a) Posting of signs at the facility providing notice of the prohibition against the disposal of mercury-added products.

(b) Written notification to, or agreements with, the facility's customers, providing notice of the prohibition against the disposal of mercury-added products.

(c) Implementation of a procedure, approved by the department, for periodically monitoring incoming wastes to detect the presence of mercury-added products at the facility and for separating out observed mercury-added products for return to the generator, recycling, or disposal as a hazardous waste.

(d) Provide customers with information about collection programs or facilities that are permitted to accept mercury-added products for recycling or disposal as a hazardous waste.

VI. This section shall not apply to prescription drugs or any substance regulated by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. section 301 et seq. or to biological products regulated by the Food and Drug Administration under the Public Health Service Act, 42 U.S.C. section 262 et seq.


Source. 2007, 279:1, eff. Jan. 1, 2008.

    149-M:59 General Permit for Motor Vehicle Salvage Facilities. 

I. The department shall establish a general permit for maintaining and operating a motor vehicle salvage facility. The general permit shall cover all motor vehicle salvage facilities that do not hold a standard permit under RSA 149-M:9, I, provided that the owner registers to use the permit as specified in paragraph III of this section.

II. The general permit shall contain terms and conditions for the regulation of all aspects of the motor vehicle salvage facility to assure protection of environmental quality and compliance with applicable environmental requirements, including requirements for managing:

(a) Fluids, including gasoline, oil, antifreeze, and other regulated substances.

(b) Solid waste.

(c) Hazardous waste.

(d) Universal waste.

(e) Refrigerants and other potential air pollutants.

(f) Other regulated substances, materials, and waste.

III. The owner of a facility seeking coverage under the general permit shall register to use the permit by submitting the following information to the department in writing:

(a) Facility name, location, and description.

(b) Name, mailing address, and telephone number of the facility owner, facility operator, and land owner.

(c) A copy of the local license when required under RSA 236:111 through RSA 236:129 or a signed statement explaining why a local license has not been issued.

(d) A signed statement certifying compliance with the terms and conditions of the general permit provided under this section or, if the facility is not in compliance, a proposed plan and schedule for achieving compliance within a reasonable time.

(e) A dated, signed receipt showing that a copy of the required registration information has been submitted to local officials responsible for issuing local licenses under RSA 236:111 through RSA 236:129.


Source. 2008, 191:6, eff. Aug. 10, 2008.

    149-M:6 Responsibilities. 

The department shall have the responsibility and authority to:

I. Administer and enforce this chapter, and all orders and permits issued and rules adopted under it.

II. Establish solid waste management policies and goals consistent with the provisions of RSA 149-M:1-3.

III. Regulate facilities through administration of a permit system, which may include the establishment of general permits to cover categories of facilities, such as motor vehicle salvage facilities or motor vehicle crushers, which the commissioner determines involve the same or substantially similar types of operations, handle the same types of wastes and regulated substances, require the same operating limitations or conditions, and are more appropriately controlled under a general permit than under individual permits.

IV. Enter, at all reasonable times, in or upon any private or public property, except private residences, to:

(a) Inspect any facility; or

(b) Investigate any condition which is believed to be in violation either of this chapter or of any of the rules adopted or orders issued under it, or which presents a substantial threat to human health or the environment.

V. Hold hearings, issue notices of hearings, and take testimony.

VI. Prepare the state solid waste plan.

VII. Provide technical assistance and information to citizens, towns, and districts.

VII-a. Collect and prepare information regarding opportunities for citizens and businesses to recycle materials, including electronic waste, and develop an outreach campaign to disseminate that information including, as appropriate, information on the department's website, brochures, posters, mailings and e-mailings, press releases, and other appropriate means of communication.

VIII. Review in order to approve or require modification of town or district solid waste plans.

IX. Administer grants or other funds to carry out this chapter.

X. Consult, cooperate, or contract with other state agencies responsible for solid waste issues, with interstate and federal agencies, with New Hampshire nonprofit recycling organizations, and with other affected groups.

XI. Administer the provisions of RSA 149-R.

XII. Determine whether the taking of land by eminent domain is necessary and appropriate and to order the initiation of such proceedings.

XIII. Establish and administer a certification program for solid waste operators which shall include training courses, and may include testing. The fee for certification shall not exceed $50 per attendee, and shall be deposited in the nonlapsing revolving fund established in RSA 21-O:1-a. Certification shall be renewed annually. If the renewal fee is not submitted within 90 days after the certificate's expiration date, the certified individual's name shall be removed from the current status and the certification shall be deemed expired. The department shall charge a late fee of 50 percent of the renewal fee in addition to the renewal fee if the renewal is received after the certificate's expiration date.

XIII-a. Record orders issued by the department pursuant to this chapter in the registry of deeds for the county in which the subject facility is situated. A recorded order shall run with the land; provided that an appropriate description of the land involved including the accurate name of the owner thereof shall be included in the order. No fee shall be charged for recording an order; however, a fee may be charged by the registry of deeds for recording the discharge of an order.

XIV. Conduct any other activity for the purpose of administering this chapter.


Source. 1996, 251:2; 251:28. 1997, 261:1. 1999, 54:1, eff. July 20, 1999. 2008, 191:4, eff. Aug. 10, 2008. 2009, 314:2, eff. Oct. 6, 2009. 2022, 226:2, eff. July 1, 2022.

    149-M:60 General Permit for Operating a Motor Vehicle Crusher. 

I. The department shall establish a general permit for operating a motor vehicle crusher. The general permit shall cover all motor vehicle crushers that do not hold a standard permit under RSA 149-M:9, I, provided that the owner registers to use the permit as specified in paragraph III of this section.

II. The general permit shall contain terms and conditions for the regulation of all aspects of the motor vehicle crushing operation to assure protection of environmental quality and compliance with applicable environmental requirements, including requirements for managing:

(a) Fluids, including gasoline, oil, antifreeze and other regulated substances.

(b) Solid waste.

(c) Hazardous waste.

(d) Universal waste.

(e) Refrigerants and other potential air pollutants.

(f) Other regulated substances, materials, and waste.

III. The owner of a motor vehicle crusher seeking coverage under the general permit shall register to use the permit by submitting the following information to the department in writing:

(a) Owner identification and contact information.

(b) Operator identification and contact information.

(c) For a stationary crusher:

(1) The name and location of the motor vehicle salvage facility where the crusher is permanently stationed.

(2) Confirmation that the motor vehicle salvage facility has registered to operate under the general permit established under RSA 149-M:59 or holds a standard permit to operate issued under RSA 149-M:9.

(d) For a mobile crusher:

(1) The owner's principal place of business.

(2) A telephone number where the owner or operator can be directly contacted when the crusher is operating at other locations.

(3) The mobile crusher registration plate number and state issuing it.

(e) Description of the crusher, including:

(1) The make, model, and vehicle identification number.

(2) Description of the fluid collection and containment design features.

(f) A description of the scope of crushing-related services offered to customers, including whether the operator will drain fluids, dispose of fluids, evacuate refrigerants, or perform other end-of-life motor vehicle preparation services prior to crushing vehicles.

(g) A signed statement certifying compliance with the terms and conditions of the general permit provided under this section.


Source. 2008, 191:6, eff. Aug. 10, 2008.

[RSA 149-M:61 repealed by 2021, 188:4, effective November 1, 2026.]
    149-M:61 Solid Waste Working Group. 

I. The solid waste working group shall be convened by the department of environmental services and shall have, at a minimum, the following members:

(a) One member of the house, appointed by the speaker of the house of representatives.

(b) One member of the senate, appointed by the president of the senate.

(c) One member of the waste management council, appointed by the chair of the council.

(d) One member representing owners of in-state landfills that also operate a major materials recovery facility.

(e) One member representing publicly owned in-state landfills.

(f) One member representing in-state solid waste haulers that do not operate landfills.

(g) One member representing companies that reprocess post-consumer waste into products for sale or for reuse themselves.

(h) One representative of the Northeast Resource Recovery Association, appointed by that association.

(i) One member representing cities with single stream recycling, to be appointed by the New Hampshire Municipal Association.

(j) One member representing rural communities using source separated recycling, to be appointed by the New Hampshire Municipal Association.

(k) One representative of the New Hampshire healthcare industry, appointed by the New Hampshire Hospital Association.

(l) One representative of the Northeast Recycling Council, appointed by that council.

(m) One member with expertise in solid waste-related sustainability issues, appointed by the chancellor of the university system.

(n) The commissioner of the department of business and economic affairs, or designee.

(o) The commissioner of the department of environmental services, or designee.

(p) Any other members the commissioner of the department of environmental services deems necessary.

II. Unless otherwise indicated, the members of the working group shall be appointed by the commissioner. Terms for state agency and legislative members shall be the same as their terms in office. All other working group members shall serve for the duration of the working group. Upon term expiration, each appointed member shall hold office until a successor shall be appointed and qualified.

III. The solid waste working group shall:

(a) Assist the department in long-range planning for and the development of creative, effective solutions to the state's solid waste management challenges.

(b) Review and make recommendations for changes to the state's existing solid waste reduction, recycling, and management policies, programs, goals, and initiatives.

(c) Review and make recommendations regarding the impact of regional solid waste management initiatives, including landfill waste disposal bans, on our state and our solid waste disposal landfill capacity.

(d) Advise the department in the development of the solid waste management plan required by RSA 149-M:29.

(e) Review and recommend methods to better provide technical assistance and educational outreach to municipalities, schools, businesses, and the public regarding solid waste reduction, recycling, and management policies.

(f) Review and recommend ways to better implement the solid waste hierarchy and solid waste reduction goals, under RSA 149-M:3.

(g) Review and make recommendations based on the 2019, 265 (HB 617) study committee report on recycling and solid waste management in New Hampshire.

(h) Review such other matters as the working group deems necessary and to recommend any related legislation, policy, or rule changes.

(i) Review and make recommendations regarding municipal solid waste plans and implementing the prohibition of any landfill in the state from accepting waste from a municipality that does not have a solid waste management plan.

(j) Review and make recommendations regarding the development of a solid waste disposal site evaluation committee or better defining alternative site analysis in RSA 149-M:9.

IV. The working group shall hold its organizational meeting no later than November 1, 2021. The working group shall submit its initial report on November 30, 2022 and its final report on November 1, 2026, to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, the state library and the house and senate committees responsible for solid waste oversight.


Source. 2021, 188:2, eff. Aug. 10, 2021. 2022, 95:1, eff. May 20, 2022.

    149-M:62 Regulation of Advanced Recycling. 

I. The department shall regulate advanced recycling facilities as manufacturing facilities. An advanced recycling facility and the products and by-products of advanced recycling shall be subject to applicable statutes and departmental rules relative to air, water, waste, and land use. The department may enter and inspect any advanced recycling facility to determine whether storage of materials prior to advanced recycling is a nuisance or poses a threat to the environment. The department may utilize its enforcement authorities under RSA 149-M:15 to require abatement of the nuisance or threat if found. The department may enter and inspect any advanced recycling facility to ensure compliance with all applicable statutes and departmental rules relative to air, water, waste, and land use and take any enforcement actions necessary.

II. Products of advanced recycling shall not be considered "waste-derived products" or "refuse-derived fuel" and shall not be subject to the provisions of this chapter and rules created under its authority relating to waste-derived products and refuse-derived fuel, including but limited to the certification provisions of department of environmental services rule Env-Sw 1500.

III. Advanced recycling facilities shall give priority to utilizing post-use polymers and recovered feedstocks generated within the state.


Source. 2022, 224:10, eff. Aug. 16, 2022.

    149-M:63 Reporting for Waste Reduction Goals. 

For the purpose of reporting recycling rates, all advanced recycling facilities shall report the source of post-use polymers including the state or country of origin, the mass of post-use polymer processed, the mass of recycled product, the mass of residual material, and the mass of processed material used for fuel to the department. Recycled product shall not include any residual material, product used for fuel, or non-post-use-polymer feedstock converted to product.


Source. 2022, 224:10, eff. Aug. 16, 2022.

    149-M:7 Rulemaking. 

The commissioner shall have the responsibility and authority to adopt rules, under RSA 541-A, relative to this chapter, including rules relative to:

I. Criteria for approving town and district solid waste plans.

II. Criteria for all types of facilities, including standards for the proper receipt, reclamation, or disposal of separated motor vehicle wastes.

III. Administration of a permit system, including the terms, conditions, and time frames under which the department shall issue, modify, suspend, revoke, deny, approve, or transfer permits required by this chapter, and means of noticing the public about such permits including, but not limited to, using electronic means via notice on the department's Internet website, and communicating permitting information with affected municipalities.

IV. A schedule of permit fees.

V. Standards for granting any exemptions or notice waivers from RSA 149-M:9.

VI. Administration of a solid waste facility operator training program pursuant to RSA 149-M:9, VI.

VII. [Repealed.]

VIII. Standards and procedures for the treatment and disposal of special waste.

IX. Administrative fines as provided in RSA 149-M:16.

X. A schedule of administrative fines which may be imposed under this section for violation of this chapter as provided in paragraph IX.

XI. Procedures for notice and hearing prior to the imposition of an administrative fine.

XII. Administration of the aid to municipalities program provided in RSA 149-M:41 through 50.

XIII. Toxics reduction provided in RSA 149-M:32-40.

XIV. Establish minimum standards for closing all solid waste facilities according to type of waste disposed of, and establish state closure guidelines for all facility owners and operators which shall include, but not be limited to, monitoring, restoration, and correction and compliance procedures which may be necessary in the maintenance of a closed landfill facility.

XV. Requirements and best practices for facilities that compost organics, including vegetable matter, meat, meat byproducts, dairy products, or dairy product derivatives.

XVI. Such other rules as are deemed necessary to implement the provisions of this chapter.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m. 2007, 138:4, eff. Aug. 17, 2007. 2015, 107:1, eff. Aug. 4, 2015. 2019, 270:2, eff. Sept. 17, 2019. 2021, 17:1, eff. July 5, 2021. 2022, 226:5, eff. July 1, 2022.

    149-M:8 Appeals. 

Administrative appeals from decisions of the department made under the provisions of this chapter shall be heard by the waste management council under RSA 21-O:9, V.


Source. 1996, 251:2, eff. Aug. 9, 1996; 251:28, eff. Aug. 9, 1996 at 12:01 a.m.

    149-M:9 Permit Required. 

I. No person shall construct, operate, or initiate closure of a public or private facility without first obtaining a permit from the department. However, no permit shall be required for hauling or storing manure, if used as fertilizer.

I-a. Persons maintaining or operating a motor vehicle salvage facility may elect to maintain and operate the facility under the provisions of the general permit established under RSA 149-M:59 instead of obtaining a standard permit under this section. Whichever permit is obtained under this chapter shall be in addition to a local license when required by RSA 236:111 through RSA 236:129.

I-b. Persons operating a motor vehicle crusher, whether mobile or stationary, may elect to operate the facility under the provisions of the general permit established pursuant to RSA 149-M:60 instead of obtaining a standard permit under this section. Whichever permit is obtained under this chapter shall be in addition to a local license when required by RSA 236:111 through RSA 236:129.

II. It shall be unlawful to transport solid waste to, or to dispose of solid waste at, any facility other than an approved facility.

III. Applications for permits shall be upon such forms and shall include such information as the department requires by rules adopted under RSA 149-M:7. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, if any, and make a report to the department. The cost of any investigation under this paragraph shall be borne by the applicant. The applicant shall also demonstrate that the proposed facility provides a substantial public benefit pursuant to RSA 149-M:11.

IV. Each facility seeking a permit shall submit evidence that the facility includes separate provisions for the collection, reclamation, and disposal of motor vehicle waste.

V. As a condition for any permit, the department may require payment of a reasonable fee, set by rules adopted under RSA 149-M:7. Such funds shall be used by the department for the purposes of this chapter.


[Paragraph V-a repealed by 2022, 199:2 effective as provided by 2022, 199:3.]



V-a. The department shall not issue a permit for the construction of a new landfill, excluding the expansion of existing landfills, unless the department makes a positive determination that the permit application is consistent with the state's solid waste plan that has been updated consistent with the requirements of RSA 149-M:29.

VI. No person shall operate a public or private facility who is not certified by the department.

VII. The issuance of a facility permit by the department shall not affect any obligation to obtain local approvals required under all applicable, lawful local ordinances, codes, and regulations not inconsistent with this chapter. Local land use regulation of facility location shall be presumed lawful if administered in good faith, but such presumption shall not be conclusive.

VIII. The department shall act upon each permit application within the time periods specified in rules adopted under RSA 149-M:7. For permits requiring a public hearing under rules adopted under RSA 149-M:7, once the department determines that an application is complete, in no case, without prior written agreement regarding an extension with the applicant, shall the department take longer than 180 days to issue or deny the permit. For permits that do not require a public hearing under rules adopted under RSA 149-M:7, once the department determines that the application is complete, in no case, without the prior written agreement regarding an extension with the applicant, shall the department take longer than 120 days to issue or deny the permit. Prior to such action, the department shall provide notice of the application by publication in at least one newspaper of general circulation in the community and on the department's Internet website, and an opportunity for hearing to interested persons. The applicant shall notify abutters of the public hearing in writing by certified mail, return receipt requested. The requirement of public notice and hearing shall apply at the discretion of the department to facilities or activities that will have an insignificant effect on environmental quality as defined by rule under RSA 149-M:7.

IX. The department may deny a permit application under this section to a person if any of the following applies:

(a) The person fails to demonstrate sufficient reliability, expertise, integrity, and competence to operate a solid waste facility.

(b) The person has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.

(c) In the case of a corporation or business entity, if any of its officers, directors, partners, key employees or persons or business entities holding 10 percent or more of its equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the 5 years before the date of the permit application.

X. The department shall not issue a permit for a solid waste facility unless the facility meets the terms and conditions required in rules adopted by the commissioner. These terms and conditions include, but are not limited to, monitoring, contingency plans, closure, and evidence of financial responsibility in the amount set by the department after consultation with the commissioner of insurance. This amount shall be whatever is necessary to:

(a) Protect the public health and welfare and the environment; and

(b) Insure that appropriate measures will be taken to prevent present and future damage to the public health and safety or to the environment, in the event that the operations at the facility are abandoned, interrupted, or stopped.

XI. All permits shall be continuous in duration, but may be suspended or revoked for cause as provided in this chapter.

XII. No permit issued by the department under this section shall be transferred by the permittee to any other person without the prior written approval of the department. The following shall apply:

(a) Applications for the transfer of permits shall be filed by the person to whom such permit is to be transferred upon such forms and shall include such information as the department requires by rules adopted under RSA 149-M:7. The application information shall include, but not be limited to, a performance history of the applicant and of its officers and directors relative to the operation, financial security, and ownership of all facilities owned or operated by the applicant. Whenever requested by the department, the attorney general shall conduct a background investigation of the performance history and criminal record of the applicant and of its officers and directors, if any, and make a report to the department. The applicant shall also submit a statement that the proposed facility is consistent with the provisions of a district plan. The cost of any investigation under this paragraph shall be borne by the applicant.

(b) The applicant shall notify abutters of any application to transfer a permit under this section. The department shall receive written comments from abutters on such application for the period of 30 days following notification of the filing of the application. The department, at the discretion of the commissioner, shall hold a public hearing no later than 30 days prior to making any final decision on an application to transfer a permit under this section. Notice of such public hearing shall be published in a newspaper of local circulation within the region of the public or private solid waste facility at least 2 weeks prior to such public hearing.

XIII. (a) No permit issued by the department to a town with a population of 5,000 persons or fewer shall require the town to clean up an inactive, municipally-owned, unlined landfill (inactive facility) if the town:

(1) Monitors the inactive facility in accordance with requirements established in RSA 485-C and RSA 149-M and rules adopted by the department.

(2) Continues to show, through monitoring devices, that the inactive facility is having no adverse impact, as defined in rules adopted by the department, on the environment.

(3) Has obtained approval of a closure plan from the department by January 30 of the calendar year in which the facility is scheduled to close by the department.

(b) A town which complies with the requirements of subparagraph (a) shall not lose grant funding for which the town is eligible under this chapter.

(c) This paragraph shall not apply to those facilities governed under the terms of 40 C.F.R. part 258.

XIV. The department shall not certify as a waste-derived product the wood component of construction and demolition debris, or any mixture of or derivation therefrom, to be combusted in any manner, except :

(a) Methane gas collected from the decomposition of waste at a facility authorized pursuant to this chapter as a landfill for the disposal of solid waste may be certified as a waste-derived product for distribution and use as a fuel, provided that it meets market fuel standards;

(b) As allowed under RSA 125-C:10-c, II(d).

XV. The department may enter into a written agreement with the applicant for the department to retain, at the applicant's expense, an independent licensed professional engineer or hydrogeologist to assist the department in determining what information is necessary to render the application technically complete, assessing during the technical review of the application whether it meets the requirements for approval in this chapter and the rules adopted under RSA 149-M:7, and ensuring that the department processes the application in a timely manner as required by this section. The applicant's failure to enter into such an agreement may be grounds to deny the application.


Source. 1996, 251:2; 251:28; 261:10. 2003, 108:1, eff. Aug. 5, 2003. 2007, 127:4, eff. June 12, 2007. 2008, 191:5, eff. Aug. 10, 2008. 2018, 249:2, eff. Aug. 11, 2018. 2019, 270:1, eff. Sept. 17, 2019. 2021, 17:2, eff. July 5, 2021. 2022, 97:1, eff. July 19, 2022; 199:1, eff. June 17, 2022.

    149-P:1 Landowner's Right of Action. 

I. It is hereby declared to be in the public interest to encourage the preservation and conservation of the land, water, forest, agricultural, and wildlife resources of this state. It is also declared to be in the public interest to discourage and provide means for preventing the spoliation of such resources from the effects of illegal dumping, and to create rights in landowners to provide the means for obtaining such objectives. It is the intention of this chapter to create a landowner's right of action in support of these purposes.

II. Notwithstanding any rules adopted by the department of environmental services, any ordinance adopted by a municipality, or any provision of law, any person, as defined in RSA 147-A:2, XII, who without authorization, intentionally, recklessly, or negligently discharges, spills, releases, pollutes, disposes, dumps, leaks, injects, or places oil, gasoline, diesel fuel, fuel oil, motor oil, automotive oil, gasoline ethers, offensive matter, hazardous waste, waste, refuse, or solid waste as those terms are defined in RSA 146-A through RSA 149-O, upon the land of another, shall be liable to the owner of the land.

III. Upon such discharge occurring, the owner of the land may:

(a) Commence an action for the cost of cleanup and any such damages as may result from the discharge;

(b) Seek injunctive relief enjoining any activity described in paragraph II, if such activity is imminent or likely;

(c) Obtain a court order requiring the person causing the discharge to contain, clean up, and remediate the discharge at such person's expense;

(d) Obtain multiple damages against the person causing the discharge of up to 3 times actual damages, based upon the degree of culpability, as determined by the trier of fact;

(e) Obtain reasonable attorneys' fees and professional fees associated with the containment, cleanup, and remediation, and the seeking and obtaining relief and damages;

(f) Require the person causing the discharge to provide a bond, or other assurances sufficient to cover the costs of containment, cleanup, and remediation, upon a showing by the owner that there is a reasonable likelihood of a judgment; and

(g) Obtain an attachment, prejudgment attachment, or trustee process in accordance with RSA 511, RSA 511-A and RSA 512.

IV. (a) This chapter shall only apply to discharges that are made directly upon the landowner's land and shall not apply to those discharges that originate from the land of another, including without limitation, discharges from any above ground or underground storage tank. However, this chapter shall not otherwise limit any other rights afforded a landowner for such discharges originating from the land of another.

(b) For the purposes of this chapter, a landowner shall include any owner holding an entire, joint, fractional, mortgage, or other ownership interest in the land, but any separate claims made by more than one such owner shall be consolidated into a single action.

(c) This chapter shall not apply to or benefit any owner holding an interest in the land making claim against any other owner holding an interest in the same land.

(d) This chapter shall not apply to a discharge on a landowner's land, when the discharge results from a motor vehicle involved in a motor vehicle accident not originating on the landowner's land.

(e) The rights and benefits conferred upon a landowner under this chapter shall not apply to any claim or claims against the state and its subdivisions.


Source. 2016, 278:1, eff. Jan. 1, 2017.

    149-R:1 Findings and Purpose. 

The general court finds that the proper and integrated management of solid waste under RSA 149-M, including the enhancement of waste and waste diversion methods, has become a matter of great concern. The general court hereby declares that the purpose of RSA 149-R is to assist communities, businesses, and the general public with their efforts to improve solid waste reduction and diversion activities.


Source. 2022, 226:1, eff. July 1, 2022.

    149-R:2 Definitions. 

In this chapter:

I. "
Commissioner
" means the commissioner of the department of environmental services.

II. "
Department
" means the department of environmental services.

III. "
Fund
" means the solid waste management fund established under RSA 149-R:3.

IV. "
Solid waste
" means solid waste as defined in RSA 149-M:4, XXII.


Source. 2022, 226:1, eff. July 1, 2022.

    149-R:3 New Hampshire Solid Waste Management Fund and Grant Program Established. 

I. There is hereby established the New Hampshire solid waste management fund to be used for the purposes of this chapter.

II. This non-lapsing, revolving special fund is hereby continuously appropriated to be expended by the department in accordance with this chapter. The state treasurer shall invest the moneys deposited in accordance with RSA 6:8. Any earnings on fund moneys shall be added to the fund.


Source. 2022, 226:1, eff. July 1, 2022.

    149-R:4 Purpose and Use of the Fund. 

I. The fund shall be used to provide matching grant funding to New Hampshire municipalities, private entities, and businesses for projects that will provide a demonstrated, significant improvement in waste diversion methods and contribute to a reduction of wastes, including hazardous waste materials, requiring disposal, including a regional or municipal materials recovery facility operated by a public or private entity, and other regional recycling efforts.

II. The fund may be used to hire consultants or contractors, or to pay other necessary expenses directly associated with approved activities in this chapter.

III. The department is authorized to solicit funds from the United States Environmental Protection Agency or other agencies that are targeted for making grants consistent with this section. Such funds, when received, may be deposited into the fund, and shall be used for the purposes described in this chapter.


Source. 2022, 226:1, eff. July 1, 2022.

    149-R:5 Rulemaking. 

The commissioner shall adopt rules, after public hearing and pursuant to RSA 541-A, relative to administering matching grants pursuant to RSA 149-R:4, I.


Source. 2022, 226:1, eff. July 1, 2022.

    149-R:6 Biennial Report. 

The department shall include in its biennial report required under RSA 149-M:29, II, information relative to the activities and finances of the solid waste management fund.


Source. 2022, 226:1, eff. July 1, 2022.