reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:15 - Criminal Penalty; Fine.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:16 - Administrative Fines.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:17 - Civil Forfeiture.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:18 - Severability.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:19 - Discharge of or Discrimination Against Employees.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:20 - Federal Preemption.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:21 - Release Prohibited; Asbestos Waste Sites.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:22 - Management of Asbestos Disposal Sites.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:23 - Disclosure.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:24 - Right of Entry.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:25 - Third Party Liability.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:1 - Statement of Purpose.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:2 - Definitions.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:3 - Powers and Duties of the Department.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:4 - Rulemaking.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:6 - Testing.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:7 - Reporting of Test Results.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:8 - Confidentiality; Release of Information.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:9 - Disease Control.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:9-a - Testing Not Required.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:9-b - Repealed by 2007, 65:2, I, eff. Aug. 10, 2007.

141-F:9-b Repealed by 2007, 65:2, I, eff. Aug. 10, 2007. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:9-c - Repealed by 2007, 65:2, II, eff. Aug. 10, 2007.

141-F:9-c Repealed by 2007, 65:2, II, eff. Aug. 10, 2007. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:9-d - Repealed by 2007, 65:2, III, eff. Aug. 10, 2007.

141-F:9-d Repealed by 2007, 65:2, III, eff. Aug. 10, 2007. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:10 - Civil Liability.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:11 - Penalty.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-F - Human Immunodeficiency Virus Education, Prevention, and Control › Section 141-F:12 - AIDS Drug Assistance Program Fund.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:1 - Definitions.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:2 - Medical Referral Consultant.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:3 - Infection Control Officer.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:4 - Notification by Emergency Response/Public Safety Workers.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:5 - Notification by Health Care Facilities; Duties of Department; Confidentiality.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:6 - Rulemaking.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:7 - Immunity From Civil Liability.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:8 - Definitions.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:9 - Notice of Intention.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:10 - Application for Testing Order.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:11 - Testing Order.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:12 - Obligations of Person Who Takes Sample.

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.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-G - Notification of Emergency Response/public Safety Workers After Exposure to Infectious Disease › Section 141-G:13 - Test Results.

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.