reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:10-b - Rulemaking.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:10-c - Exception.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:10-d - Breast-feeding.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:10-e - Development of a Plan of Safe Care.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:10-f - Mandatory Reporting.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:11 - Authorization.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:12 - Maternal and Child Health Services.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:12-a - Women, Infants, and Children (WIC) Program.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:12-b - Repealed by 1986, 198:23, XXXII, eff. Aug. 2, 1986.

132:12-b Repealed by 1986, 198:23, XXXII, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:12-c - Repealed by 1986, 198:23, XXXIII, eff. Aug. 2, 1986.

132:12-c Repealed by 1986, 198:23, XXXIII, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:12-d - Repealed by 1986, 198:23, XXXIV, eff. Aug. 2, 1986.

132:12-d Repealed by 1986, 198:23, XXXIV, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:12-e - Women, Infants, and Children (WIC) Program Fund.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:12-f - WIC Farmers' Market Nutrition Program.

132:12-f WIC Farmers' Market Nutrition Program. –
There is established in the department of health and human services the New Hampshire Farmers' Market Nutrition Program for participants in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). The program shall distribute food instruments to eligible WIC participants to redeem for locally grown fresh fruits, vegetables and herbs at authorized New Hampshire farmers' markets in compliance with 7 C.F.R. 248 that are redeemable only at designated New Hampshire farmers' markets. The commissioner shall adopt rules under RSA 541-A to implement this program.
Source.
2023, 79:561, eff. July 1, 2023.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:13 - Children With Special Health Care Needs.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:14 - Limitation of Provisions.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:15 - Penalties.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:16 - Repealed by 1986, 198:23, XXXV, eff. Aug. 2, 1986.

132:16 Repealed by 1986, 198:23, XXXV, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:17 - Repealed by 1986, 198:23, XXXVI, eff. Aug. 2, 1986.

132:17 Repealed by 1986, 198:23, XXXVI, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:18 - Repealed by 1986, 198:23, XXXVI, eff. Aug. 2, 1986.

132:18 Repealed by 1986, 198:23, XXXVI, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:19 - to 132:21 Repealed by 2010, 368:1(12), eff. Dec. 31, 2010.

132:19 to 132:21 Repealed by 2010, 368:1(12), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:23 - Definition.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:24 - to 132:28 Repealed by 2007, 265:1, eff. June 29, 2007.

132:24 to 132:28 Repealed by 2007, 265:1, eff. June 29, 2007. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:29 - Definitions.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:31 - Acquisition of Information Related to Maternal Mortality.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:32 - Definitions.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:33 - Notification Required.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:35 - Penalty.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:36 - Severability.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:37 - Definitions.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:38 - Prohibited Acts.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:39 - Enforcement; Civil Fine.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:40 - Severability.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132-A - Temporary Care and Control of Children at a Hospital or Safe Haven › Section 132-A:1 - Definitions.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132-A - Temporary Care and Control of Children at a Hospital or Safe Haven › Section 132-A:2 - Temporary Care and Control of Children at a Hospital or Safe Haven.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132-A - Temporary Care and Control of Children at a Hospital or Safe Haven › Section 132-A:3 - Notice to Department.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132-A - Temporary Care and Control of Children at a Hospital or Safe Haven › Section 132-A:4 - Liability.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132-A - Temporary Care and Control of Children at a Hospital or Safe Haven › Section 132-A:5 - Rulemaking.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135 - New Hampshire Hospital and Insane Persons › Section 135:1 - to 135:14 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987.

135:1 to 135:14 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135 - New Hampshire Hospital and Insane Persons › Section 135:14-a - Patient Employment.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135 - New Hampshire Hospital and Insane Persons › Section 135:17-b - Notification Authorized.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135 - New Hampshire Hospital and Insane Persons › Section 135:17-c - Information Related to Competency Determinations.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135 - New Hampshire Hospital and Insane Persons › Section 135:21-b - Emergency Treatment.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135 - New Hampshire Hospital and Insane Persons › Section 135:28 - to 135:30-a 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. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135 - New Hampshire Hospital and Insane Persons › Section 135:36 - to 135:38. Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987.

135:36 to 135:38. Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135 - New Hampshire Hospital and Insane Persons › Section 135:39, 135:40 - Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987.

135:39, 135:40 Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135 - New Hampshire Hospital and Insane Persons › Section 135:44 - to 135:48. Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987.

135:44 to 135:48. Repealed by 1986, 212:4, IV, eff. Jan. 1, 1987. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-A - Interstate Compact on Mental Health › Section 135-A:2 - Administrator.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-A - Interstate Compact on Mental Health › Section 135-A:3 - Agreements.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-A - Interstate Compact on Mental Health › Section 135-A:4 - Payments.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-A - Interstate Compact on Mental Health › Section 135-A:5 - Approval by Court.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-A - Interstate Compact on Mental Health › Section 135-A:6 - Copies Forwarded.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:1 - Purpose and Policy.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:3 - State Services System Established.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:4 - State Facilities Other Than New Hampshire Hospital; Rules.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:5 - Regulation of State Services; Site Visits.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:7 - Community Mental Health Programs.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:8 - Establishment of Programs by Municipality.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:9 - Municipal Contributions.

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.