reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:12 - Orders.

141-C:12 Orders. –
I. The commissioner, in imposing isolation and quarantine under RSA 141-C:11, in requiring treatment under RSA 141-C:15, or in excluding children under RSA 141-C:20-d, shall do so by written order. The order shall include, as appropriate, the following information:
(a) The cause of the quarantine or isolation.
(b) The location of quarantine or isolation.
(c) When appropriate, that decontamination be performed on commodities, conveyances, baggage and cargo.
(d) When treatment is required as part of the order, where such treatment is available and, if applicable, what effect the receipt of treatment may have on the conditions of isolation and quarantine.
(e) The period of duration of isolation or quarantine.
(f) The commissioner's signature.
(g) The reason and length of time for the exclusion of children from schools and child care facilities.
II. Orders issued under this section shall be complied with immediately.
III. When an individual subject to an order for isolation or quarantine refuses to cooperate with such order, the commissioner may issue a complaint, which shall be sworn to before a justice of the peace. Such complaint shall set forth the reasons for the order imposing isolation or quarantine and the place or facility where the individual shall be isolated or quarantined. Upon being presented with such an order, any law enforcement officer shall take such individual into custody and transport the individual to the place or facility where the individual is to be isolated or quarantined.
Source.
1986, 198:21. 1987, 193:5, 6. 1995, 310:94, 183. 2002, 258:14, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:13 - Evading Quarantine; Breaking Quarantine.

141-C:13 Evading Quarantine;  Breaking Quarantine. –
I. If, after an order is issued under RSA 141-C:12, any commodity, conveyance, cargo or baggage is not removed to the place of quarantine or is not decontaminated or is brought near any dwelling house, facility, or housing providing services to people, or near any place of business or manufacture without the permission of the commissioner or his designee, the commissioner shall petition the superior court to review the order.
II. If any person ordered to undergo isolation or quarantine leaves such place of quarantine, a place designated by the commissioner for the decontamination of commodities, conveyances, baggage and cargo under quarantine, or a place of treatment and care of persons under isolation or quarantine without the permission of the commissioner or his designee, the commissioner shall petition the superior court for review of the order.
III. When an individual subject to an order for isolation or quarantine refuses to cooperate with such order, the commissioner may issue a complaint, which shall be sworn to before a justice of the peace. Such complaint shall set forth the reasons for the order imposing isolation or quarantine and the place or facility where the individual shall be isolated or quarantined. Upon being presented with such an order, any law enforcement officer shall take such individual into custody and transport the individual to the place or facility where the individual is to be isolated or quarantined.
Source.
1986, 198:21. 1995, 310:183. 2002, 258:15, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:14 - Invading Isolation; Quarantine.

141-C:14 Invading Isolation;  Quarantine. –
If any person shall, without permission of the commissioner, his designee, or a health officer acting on the request of the commissioner, enter a place of isolation or quarantine, board a conveyance under quarantine, enter the limits of a place designated for the decontamination of cargo or baggage under quarantine, or enter a place designated for the treatment of persons placed under isolation or quarantine and such person is not an employee or agent of the facility providing such treatment, he shall be considered infected and ordered to undergo isolation or quarantine under RSA 141-C:11. He shall remain there at his own expense until the commissioner determines that there is no threat to the citizenry by virtue of the exposure to the cause of isolation or quarantine.
Source.
1986, 195:21. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:14-a - Due Process.

141-C:14-a Due Process. –
I. Any person subject to an order for submission of a specimen, or for examination, immunization, treatment, isolation, quarantine, provision of information, inspection of a building or conveyance, or any other order of the commissioner under this chapter or RSA 21-P:53, may request a hearing in the superior court to contest such order. The commissioner shall provide, or cause to be provided, to the person both oral and written notice of the right to contest the order and the form for making the request, which form shall require no more than the person's name, address, and signature and the time and date of the signature.
II. Submission of the completed form to the law enforcement officer or other individual serving the order shall be considered a filing with the superior court and such officer or other individual shall promptly deliver the form to the superior court.
III. The superior court shall schedule a hearing and render a decision upon the request within 48 hours of the time the request was made. If the court determines that exigencies related to protection of the health of the public preclude a hearing and decision within the 48-hour period, the hearing and decision may take place within a suitable time as determined by the court, but in no event later than 120 hours after the time the request was made.
IV. No examination, specimen, immunization, treatment, or other action shall be required against the will of a person who has filed a request for a hearing. A person may be held in isolation or quarantine pending the outcome of the court hearing, but may no longer be held if the court fails to render its decision within the time period required under paragraph III.
V. At the hearing the burden of proof shall be on the commissioner to prove by clear and convincing evidence that the person poses a threat to public health, or that the information to be produced or inspection of a building or conveyance is necessary to protect against a serious threat to the public health, and the order issued by the commissioner is thereby warranted to alleviate such threat.
VI. All orders issued under this chapter shall be in writing and a copy shall be provided to the person subject to the order at the time it is served. Every person who contests an order of the commissioner under this chapter shall be given a copy of the executed form contesting such order.
VII. Nothing in this chapter shall be construed to require the medical examination, medical treatment, or immunization of a person who objects, and no criminal penalties shall be imposed as a result. Notwithstanding this paragraph, such a person may be subject to isolation or quarantine for the minimum period necessary to protect the public health, as determined by the court in its decision following the hearing pursuant to this section.
Source.
2002, 258:16. 2008, 271:2, 3, eff. June 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:15 - Treatment, Care of Sick; Costs.

141-C:15 Treatment, Care of Sick;  Costs. –
I. Any person infected with a communicable disease, or reasonably suspected of being infected with a communicable disease, and whose continued presence among the citizenry poses a significant threat to health and life, shall be ordered by the commissioner under RSA 141-C:11, to report to a health care provider or health care facility to undergo such treatment and care as the commissioner may deem necessary to eliminate the threat. The commissioner shall adopt rules, pursuant to RSA 541-A, necessary to issue and carry out such orders for treatment and to restrict and control communicable disease through treatment.
II. If the person subject to the order cannot be removed to a health care provider or to a health care facility for treatment without danger to his life or to the citizenry, the commissioner shall impose isolation or quarantine under RSA 141-C:11 and shall arrange for treatment and care as necessary to mitigate the threat.
III. The commissioner shall assist indigent persons who are infected with tuberculosis and supply them with anti-tuberculosis drugs for treatment and preventative therapy, chest x-rays, and such physical examinations as necessary to monitor the course of treatment and therapy.
IV. The cost of treatment and care, except treatment provided under RSA 141-C:15, III, and physical examinations under RSA 141-C:9 and RSA 141-C:18, shall be a cost to the person, or his parent or guardian, or, if such person is indigent, from such public funds available for such purposes. Costs of physical examinations and treatment and care provided to the operator, passengers and crew of conveyances who are, or might have been, infected by means of the conveyance, shall be a cost to the owner, consignee or assignee of the conveyance.
V. The cost for maintenance of quarantine for commodities, conveyances, cargo and baggage, and for the decontamination of commodities, conveyances, cargos and baggage, shall be a cost to the owner, consignee or assignee of the commodity or conveyance.
VI. When an individual subject to an order for treatment by the commissioner refuses to undergo such ordered treatment, the commissioner may issue a complaint, which shall be sworn to before a justice of the peace. Such complaint shall set forth the reasons for the order imposing treatment, the nature of the treatment to be provided, and the place or facility where the treatment shall be provided. Upon being presented with such an order, any law enforcement officer shall take such individual into custody and transport the individual to the place or facility where the treatment is to be provided.
Source.
1986, 198:21. 1995, 310:183. 2002, 258:17, eff. July 1, 2002.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:15-a - Administration of Certain Prescription Medication for Treatment or Prevention of a Communicable Disease.

141-C:15-a Administration of Certain Prescription Medication for Treatment or Prevention of a Communicable Disease. –
I. Notwithstanding the provisions of RSA 326-B:2, I-a, and RSA 329:1-c, a health care professional authorized to prescribe prescription medication for the treatment or prevention of a communicable disease may prescribe, dispense, or distribute directly or by standing order, drugs and testing to a patient he or she did not evaluate and with whom there is no established health care provider-patient relationship to empirically treat for, or provide an agent or prophylaxis to prevent, a communicable disease that poses a threat to public health. Any such prescription shall be regarded as being issued for a legitimate medical purpose and in accordance with established clinical practice guidelines, when available.
II. Communicable diseases that pose a threat to public health for the purposes of paragraph I shall be limited to the following:
(a) Bordetella pertussis, Chlamydia trachomatis, Neisseria gonorrhea, and Neisseria meningitis; or
(b) Diseases that constitute an immediate threat to public health and for which the commissioner, or designee, declares a public health incident under RSA 508:17-a or issues clinical guidance that requests providers to consider prescribing, dispensing, or distributing immunizing agents or drugs under paragraph I in order to control a disease outbreak.
III. No health care professional who, acting in good faith and with reasonable care, prescribes, dispenses, or distributes an agent or drug and testing for the treatment or prevention of a communicable disease as described in paragraph I, shall be subject to any criminal or civil liability, or any professional disciplinary action, for any action authorized by this section or any outcome resulting from an action authorized by this section.
Source.
2017, 42:2, eff. May 9, 2017. 2020, 39:2, eff. July 29, 2020.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:16 - Mode of Treatment and Care.

141-C:16 Mode of Treatment and Care. –
Nothing in this chapter shall be construed to authorize the commissioner to restrict in any manner a person's right to select the mode of treatment of his choice, or to refuse treatment, when treatment is ordered by the commissioner under RSA 141-C:15, I, or to request any physical examination or treatment of a person who in good faith relies upon spiritual means or prayer for healing. Such reliance or treatment or refusal of treatment shall not be considered a danger or menace to others under any provisions of this chapter; provided, however, that there is compliance with the sanitary, isolation and quarantine laws and rules adopted under this chapter. This section shall not be construed to prevent a parent or guardian from exercising his legal responsibilities.
Source.
1986, 198:21. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:16-a - Closure; Decontamination.

141-C:16-a Closure;  Decontamination. –
I. The commissioner, with the written approval of the governor, may close, direct, and compel the evacuation and decontamination of any building located within the state that is accessible to the public, such as businesses, primary and secondary schools, and universities, regardless of whether publicly or privately owned, when there is reasonable cause to believe the building may present an imminent danger to the public health. The commissioner may also cause any material located within or on the grounds of a building to be decontaminated or destroyed when there is reasonable cause to believe that the material may present imminent danger to the public health. Destruction of any material under this chapter shall be considered a taking of private property and shall be subject to the compensation provisions of RSA 4:46.
II. Notice shall be made by posting notice on all means of ingress or egress of the building and, within 24 hours of posting, mailing the notice, return receipt requested, to the owner of record. The notice shall state the reason for the action and its anticipated duration.
III. Orders issued pursuant to this section shall be effective immediately and shall remain in effect in accordance with this section unless the superior court issues a decision directing otherwise. Any person who is aggrieved by an order pursuant to this section may request a hearing in the superior court to contest that order. The superior court shall schedule and hold a hearing and issue a decision within 5 working days of the court's receipt of the request for a hearing, unless a shorter period is required for review. At the hearing, the burden of proof shall be on the commissioner to prove by clear and convincing evidence that the action taken is reasonably necessary to protect the health of the public.
IV. Orders issued under this section shall be subject to the due process provisions of RSA 141-C:14-a.
Source.
2002, 258:22. 2008, 336:1, eff. July 7, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:16-b - Cancellation of Events.

141-C:16-b Cancellation of Events. –
The commissioner, with the written approval of the governor, may order the cancellation of public gatherings and events within the state, or in specific geographic areas of the state, as is deemed necessary to prevent an imminent danger to the public health. Notice of any order canceling a public gathering or event shall be made in writing, shall specify the reason for the cancellation, and shall be delivered to the organizer of the event or owner of the venue where the event was to occur in a manner that will give as much notice prior to the cancellation as is reasonably possible. Notice shall also be given to the public in a manner that is reasonably likely to be available to the members of the public affected by the order. Such order shall be effective immediately and shall remain in effect in accordance with this section unless the superior court issues a decision directing otherwise. Any person who is aggrieved by an order pursuant to this section may request a hearing in the superior court to contest that order. The superior court shall schedule and hold a hearing and issue a decision within 5 working days of the court's receipt of the request for a hearing, unless a shorter period is required for review. At the hearing, the burden of proof shall be on the commissioner to prove by clear and convincing evidence that cancellation of the public gathering or event is reasonably necessary to protect the health of the public.
Source.
2008, 336:2, eff. July 7, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:17 - Purchase; Distribution.

141-C:17 Purchase;  Distribution. –
The commissioner may purchase and distribute anti-toxins, serums, vaccines, immunizing agents, antibiotics and other pharmaceutical agents which the commissioner deems advisable to prevent, prepare for, or respond to an outbreak of communicable disease or other serious threat to the public health. Any medications distributed in the event of a public health incident declared pursuant to RSA 508:17-a shall be exempt from labeling in accordance with RSA 318:47-b. State employees and other persons acting under the authority and direction of the commissioner may carry out the activities authorized under this section.
Source.
1986, 198:21. 1990, 61:3. 1994, 208:8. 1995, 310:183. 2008, 271:4, eff. June 26, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:17-a - Vaccine Purchase Fund.

141-C:17-a Vaccine Purchase Fund. –
There is hereby established a vaccine purchase fund for the purchase of antitoxins, serums, vaccines and immunizing agents, which are to be provided to the public at no cost except for the actual cost of administering such agents, under RSA 141-C:17. Any funds provided to the department for this purpose and deposited in the fund shall not be used for any other purpose. Moneys in the fund shall be continually appropriated to the commissioner of the department of health and human services.
Source.
1991, 280:1. 1995, 310:175, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:17-b - Custody; Rationing.

141-C:17-b Custody;  Rationing. –
If there is a statewide or regional shortage or threatened shortage of any anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents, or mechanical equipment, and such shortage poses a serious threat to the public health, the commissioner, with the written approval of the governor, may control, restrict, and ration the use, sale, dispensing, distribution, or transportation of such agents as necessary to best protect the health, safety, and welfare of the people of this state. In making rationing or other supply and distribution decisions, the commissioner may determine the preference and priority for distribution of such agents, such as giving preference to health care providers and emergency response personnel. The commissioner, with the written approval of the governor, shall have the discretion to take custody of all supplies of specific anti-toxins, serums, vaccines, immunizing agents, antibiotics, and other pharmaceutical agents, or mechanical equipment, existing within the state to ensure that such agents are distributed and utilized appropriately. Notice of an order issued pursuant to this section shall be given in writing to the owner of the personal property, or, if the owner cannot be readily determined, to the person in charge of the location where the personal property is located. The notice shall specify the reason for the action and its expected duration. Such order shall be effectively immediately and shall remain in effect in accordance with this section unless the superior court issues a decision directing otherwise. The owner of any property subject to an order issued pursuant to this section may request a hearing in the superior court to contest that order. The superior court shall schedule and hold a hearing and issue a decision within 5 working days of the court's receipt of the request for a hearing, unless a shorter period is required for review. At the hearing, the burden shall be on the commissioner to prove by clear and convincing evidence that the order is reasonably necessary to protect the health, safety, and welfare of the public. Multiple requests for hearings under this section may be consolidated into one hearing if the underlying facts are similar, the court deems such consolidation to be appropriate, and the court determines that such consolidation will adequately satisfy the due process rights of the persons who requested a hearing.
Source.
2008, 336:3, eff. July 7, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:17-c - Compensation and Expenditures.

141-C:17-c Compensation and Expenditures. –
Items taken by the commissioner pursuant to the provisions of this chapter shall be subject to the compensation provisions of RSA 4:46, but in no event shall the owner thereof be entitled to more than the Medicaid rate for the item that was in effect at the time of the taking. Notwithstanding the provisions of RSA 9:19-9:21, the commissioner may make such expenditures as necessary to carry out the provisions of this chapter; provided, that expenditures are made from funds appropriated to the department that the commissioner determines to be available for this purpose and information regarding the expenditures is promptly submitted to the fiscal committee of the general court and the governor and council.
Source.
2008, 336:3, eff. July 7, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:18 - Sexually Transmitted Disease.

141-C:18 Sexually Transmitted Disease. –
I. The commissioner may request the examination, and order isolation, quarantine, and treatment of any person reasonably suspected of having been exposed to or of exposing another person or persons to a sexually transmitted disease. Any order of treatment issued under this paragraph shall be in accordance with RSA 141-C:11, RSA 141-C:12, and RSA 141-C:15.
II. Any minor 14 years of age or older may voluntarily submit himself to medical diagnosis and treatment for a sexually transmitted disease and a licensed physician may diagnose, treat or prescribe for the treatment of a sexually transmitted disease in a minor 14 years of age or older, without the knowledge or consent of the parent or legal guardian of such minor.
Source.
1986, 198:21. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:19 - Laboratory Support Services; Rules.

141-C:19 Laboratory Support Services;  Rules. –
I. The commissioner shall make available laboratory tests for the early detection and control of communicable diseases such as acquired immune deficiency syndrome, rubella, herpes virus, legionnaire's disease, eastern equine encephalitis, viral hepatitis, chlamydia, rabies, rotavirus, rubeola, influenza, salmonella, pertussis and toxoplasmosis.
II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to adding to the list of communicable diseases in paragraph I for which testing shall be available and establishing a fee schedule for all tests available under this section. The commissioner may waive such fees when it is in the best interest of the health of the public to do so.
Source.
1986, 198:21. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:20 - Education.

141-C:20 Education. –
The commissioner or his designee shall prepare and distribute such current public information materials relative to the cause, prevention, and treatment of the various communicable diseases and relative to rules adopted under this chapter as may best instruct health care providers and the public in methods of prevention and control of communicable diseases, including proper treatment methods.
Source.
1986, 198:21. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:20-a - Immunization.

141-C:20-a Immunization. –
I. All parents or legal guardians shall have their children who are residing in this state immunized against certain diseases. These diseases shall include, but not be limited to, diphtheria, mumps, pertussis, poliomyelitis, rubella, rubeola, and tetanus. The commissioner shall adopt rules under RSA 541-A relative to other diseases which require immunization.
II. No child shall be admitted or enrolled in any school or child care agency, public or private, unless the following is demonstrated:
(a) Immunization under paragraph I;
(b) Partial immunization relative to the age of the child as specified in rules adopted by the commissioner; or
(c) Exemption under RSA 141-C:20-c.
III. Nothing in this section shall require an immunization/vaccination requirement for diseases that are noncommunicable.Noncommunicable diseasemeans a disease that is not infectious or transmissible from person-to-person.
Source.
1987, 193:7. 1995, 310:183, eff. Nov. 1, 1995. 2017, 137:1, eff. Aug. 15, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:20-b - Records.

141-C:20-b Records. –
I. Any person who immunizes a child shall complete a form to be supplied by the commissioner and shall give the completed form to the parent or legal guardian.
II. Schools and child care agencies shall keep immunization records for all enrolled children. Such records shall be available for inspection during reasonable hours upon request by the commissioner or his designee.
Source.
1987, 193:7. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:20-c - Exemptions.

141-C:20-c Exemptions. –
A child shall be exempt from immunization if:
I. A physician licensed under RSA 329, or a physician exempted under RSA 329:21, III, certifies that immunization against a particular disease may be detrimental to the child's health. The exemption shall exist only for the length of time, in the opinion of the physician, such immunization would be detrimental to the child. An exemption from immunization for one disease shall not affect other required immunizations.
II. A parent or legal guardian objects to immunization because of religious beliefs. The parent or legal guardian shall sign a form stating that the child has not been immunized because of religious beliefs.
Source.
1987, 193:7. 2001, 18:1, eff. Jan. 1, 2002. 2022, 55:1, eff. July 19, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:20-d - Exclusion During Outbreak of Disease.

141-C:20-d Exclusion During Outbreak of Disease. –
During an outbreak of a communicable disease for which immunization is required under RSA 141-C:20-a, children exempted under RSA 141-C:20-c shall not attend the school or child care agency threatened by the communicable disease. The commissioner shall prepare a written order as required under RSA 141-C:12, I.
Source.
1987, 193:7. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:20-e - Immunization Reports.

141-C:20-e Immunization Reports. –
Schools and child care agencies, whether public or private, shall make an annual report to the commissioner relative to the status of immunization of all enrolled children.
Source.
1987, 193:7. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:21 - Penalty.

141-C:21 Penalty. –
Any person who shall violate, disobey, refuse, omit or neglect to comply with any of the provisions of RSA 141-C, or of the rules adopted pursuant to it, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
1986, 198:21, eff. Aug. 2, 1986.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:22 - Penalty for Sale or Use for Personal Gain.

141-C:22 Penalty for Sale or Use for Personal Gain. –
Any natural person selling or disposing of any pharmaceutical agents purchased or distributed under RSA 141-C:17 for personal gain shall be guilty of a misdemeanor. Any other person shall be guilty of a felony.
Source.
1986, 198:21. 1990, 61:4, eff. June 5, 1990.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:23 - Injunction.

141-C:23 Injunction. –
A civil action may be instituted in superior court on behalf of the department for injunctive relief to prevent the violation of the provisions of this chapter or rules adopted under this chapter. The court may proceed in the action in a summary manner or otherwise and may enjoin in all such cases any person in violation of any provisions of this chapter or its rules.
Source.
1994, 208:4. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:24 - Mosquito Control Districts; Rulemaking.

141-C:24 Mosquito Control Districts;  Rulemaking. –
Contiguous municipalities may establish mosquito control districts for the purposes of applying for moneys from the mosquito control fund established in RSA 141-C:25 and for the purposes of applying for spraying permits. The commissioner, in consultation with the commissioner of the department of agriculture, markets, and food shall adopt rules, pursuant to RSA 541-A, relative to the establishment of such mosquito districts. A mosquito control district established pursuant to RSA 430:13 shall be considered a mosquito control district under this chapter.
Source.
2006, 284:1. 2007, 22:1, eff. July 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:26 - Acute Care Centers.

141-C:26 Acute Care Centers. –
The commissioner, with the written approval of the governor, may establish, operate, or authorize the operation of temporary acute care centers for the purpose of the delivery of acute medical services to persons who would normally require admission to an acute care hospital, when there is a public health incident as defined in RSA 508:17-a, II(c) and when the acute care hospitals in the area do not have the physical and human resources necessary to meet the demand or anticipated demand for medical care. Any such facility so established or designated shall be exempt from the provisions of RSA 151. The commissioner shall adopt rules, pursuant to RSA 541-A, regarding the facility and staffing requirements, screening and admission criteria, payment and reimbursements, clinical standards, recordkeeping, and discharge criteria for acute care centers. In adopting such rules, the commissioner shall take into consideration, to the extent feasible, the rights and responsibilities of patients set forth in RSA 151:21. For purposes of immunity, actions taken pursuant to this section shall be considered an emergency management function under RSA 21-P:41, I.
Source.
2008, 271:5. 2012, 282:7, eff. June 30, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-C - Communicable Disease › Section 141-C:28 - No Conflict With Emergency Management Powers.

141-C:28 No Conflict With Emergency Management Powers. –
Nothing in this chapter shall be construed to limit or restrict the exercise of the governor's emergency management powers under RSA 4:45-RSA 4:47.
Source.
2008, 336:4, eff. July 7, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-D - Uniform Determination of Death Act › Section 141-D:2 - Determination of Death.

141-D:2 Determination of Death. –
An individual who has sustained either (1) irreversible cessation of circulatory and respiratory functions, or (2) irreversible cessation of all functions of the entire brain, including the brain stem, is dead. A determination of death shall be made in accordance with accepted medical standards.
Source.
1986, 191:1, eff. July 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:1 - Statement of Policy.

141-E:1 Statement of Policy. –
I. The general court finds that exposure to asbestos fibers over time has been linked by medical and scientific authorities to a significant increase in the incidence of diseases, such as asbestosis, bronchogenic carcinoma, mesothelioma, and other malignancies, and that such diseases place unnecessary and preventable burdens on society while depriving the victims of livelihood, well-being, and life.
II. The general court also finds that:
(a) Abatement of asbestos from workplaces, schools, public facilities, and dwellings, which is carried out to reduce the exposure of the public to this health threat, further jeopardizes public health when the abatement is done without adequate safeguards and by unqualified individuals; and
(b) Asbestos disposal sites pose a potential threat to human health if improperly managed.
III. Therefore, in order to protect the health of the public from this threat, it shall be the policy of the state to establish and enforce asbestos exposure standards and to control the exposure of the public to asbestos by regulation of asbestos abatement and asbestos disposal site activities. The intent of this chapter is not to overburden the unknowing homeowner, but rather to assure commercial and industrial compliance with asbestos disposal site regulation and asbestos abatement efforts.
IV. Relative to asbestos abatement activities, as defined by RSA 141-E:2, II, it shall be the responsibility of the department of environmental services, to carry out this policy in accordance with RSA 141-E:3 and RSA 141-E:6-11, and in such a manner as to avoid direct conflict with other state and federal requirements.
V. Relative to management of asbestos disposal sites, as defined by RSA 141-E:2, III, it shall be the responsibility of the department of environmental services to carry out this policy in accordance with RSA 141-E:3 and RSA 141-E:21-25, in lieu of RSA 149-M as previously carried out, and in such a manner as to avoid direct conflict with other state and federal requirements.
Source.
2000, 275:1. 2005, 249:2, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:5 - Repealed by 2010, 368:1(42), eff. Dec. 31, 2010.

141-E:5 Repealed by 2010, 368:1(42), eff. Dec. 31, 2010. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:6 - Indoor Asbestos Exposure Standards.

141-E:6 Indoor Asbestos Exposure Standards. –
I. The indoor non-occupational exposure standard shall be 0.01 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods, calculated as an 8-hour time weighted average.
II. The indoor occupational exposure standard shall be as provided for by the federal Occupational Safety and Health Administration in 29 CFR 1910, and the federal Environmental Protection Agency in 40 CFR 763, except that, where such standards exceed 0.1 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods, then the occupational standards shall be 0.1 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods.
Source.
2000, 275:1, eff. July 1, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:7 - Limitation of Exposure; Closure of Contaminated Areas.

141-E:7 Limitation of Exposure;  Closure of Contaminated Areas. –
I. Except as provided for under RSA 141-E:6, II, no person, whether natural or not natural, owning, controlling, or managing any workplace, public building, facility, school, or rental dwelling containing asbestos levels exceeding 0.01 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods shall permit unnecessary exposure of any person to such conditions which are a violation of a provision of this chapter, or of a rule adopted or order issued pursuant to the authority of this chapter.
II. The department may, in the absence of other effective measures, close access to any building or facility or any portion thereof to other than those engaged in asbestos abatement and school asbestos abatement planning activities in which there have been found asbestos levels exceeding 0.01 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods.
III. Closure of access shall not occur until written notice has been provided to the owner or manager of the building or facility. The owner or manager shall be given the opportunity to appeal such action in accordance with RSA 541-A.
Source.
2000, 275:1, eff. July 1, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:8 - Inspection of Building; Orders.

141-E:8 Inspection of Building;  Orders. –
I. Whenever the commissioner has reason to suspect the presence of RACM in any public building, facility, school, or rental dwelling, the commissioner may cause inspections to be carried out. If RACM is found in damaged or deteriorated condition or if conditions exist which could result in significant human exposure or if asbestos levels exceeding 0.01 fibers longer than 5 microns per cubic centimeter of air as determined by OSHA/NIOSH phase contrast optical microscopy methods are found, the commissioner may order corrective action to abate the risk to the health of the public. The order may, at the discretion of the commissioner, include notice of closure of access under RSA 141-E:7.
II. In the event that asbestos levels exceed the standards set in RSA 141-E:6, I or II, there may be a second test of samples collected over an 8-hour period or as otherwise approved by the department, analyzed by scanning or transmission electron microscopy analysis before any order of abatement is issued. The results of the scanning or transmission electron microscopy analysis, which shall be recorded in terms of the number of asbestos fibers longer than 5 micrometers per cubic centimeter of air in accordance with OSHA standard definitions for asbestos monitoring, shall prevail in the determination of whether the standard is exceeded. Such tests shall be paid for by the owner of the building or facility being analyzed.
III. The commissioner may, upon request of the owner, inspect private dwellings for the presence of RACM. If RACM is found, the commissioner shall make recommendations to the owner for its abatement. The commissioner shall charge a fee for such inspections under RSA 141-E:12.
Source.
2000, 275:1. 2005, 249:10, 11, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:9 - Control of Asbestos Emissions.

141-E:9 Control of Asbestos Emissions. –
No person, whether natural or not natural, owning, controlling or managing any workplace, public building, facility, school, or rental dwelling involved in asbestos abatement shall permit such abatement of asbestos in a dry state or in violation of any rules adopted by the commissioner under this chapter unless specifically exempted by rule.
Source.
2000, 275:1. 2005, 249:12, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:10 - Licensure.

141-E:10 Licensure. –
I. Any contractor, employer, or individual which engages in asbestos abatement activities or activities involving the disturbance of asbestos at asbestos disposal sites shall first obtain a license from the department, except for:
(a) Individuals exempt pursuant to paragraph II below;
(b) Individuals exempt by rules adopted by the commissioner in accordance with RSA 141-E:4, XII;
(c) Owners of single family owner occupied properties who personally perform asbestos abatement within the confines of their private properties; and
(d) Individuals who obtain a waiver from the licensing requirements of this section.
II. Individuals certified pursuant to RSA 141-E:11 shall not be required to obtain a license for the performance of asbestos abatement or disturbance of asbestos at asbestos disposal sites when carried out under the authority of a contractor or employer holding a valid license issued by the department pursuant to this section.
III. A license to engage in asbestos abatement, disturbance of asbestos at any asbestos disposal site, or both, shall be issued in writing by the department and shall be valid for a period of 12 months from the date of issuance, shall be dated when issued, shall contain an expiration date, and shall be signed by the commissioner or designee. The license shall also include the name and address of the applicant.
IV. The license or a certified copy thereof shall be available at the worksite for inspection by representatives of the department or an authorized representative of the local government.
V. The department may grant a license to an applicant if the applicant is licensed by another state whose standards for licensure are substantially equivalent to the provisions of this section and the rules adopted by the department.
Source.
2000, 275:1. 2005, 249:13, 14, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:11 - Certification of Employees; Reciprocity.

141-E:11 Certification of Employees;  Reciprocity. –
I. Employees and other individuals who engage in asbestos abatement, school asbestos abatement planning, or disturbance of asbestos at any asbestos disposal site shall first obtain a certificate of training from the department, except for:
(a) Individuals exempt pursuant to rules adopted by the commissioner in accordance with RSA 141-E:4, XII;
(b) Owners of single family owner occupied properties who personally perform asbestos abatement within the confines of their private properties; and
(c) Individuals who obtain a waiver from the certification requirements of this section.
II. The certificate shall be in writing, be valid for a period of 12 months from the date of issuance, be dated when issued, contain an expiration date, and be signed by the commissioner or designee. It shall also include the name and address of the employee to whom it is issued.
III. The certificate or a certified copy thereof shall be readily available at the worksite for inspection by the representatives of the department or an authorized representative of the local government.
IV. The department may grant certification if the employee is certified by another state whose certification is substantially equivalent to the provisions of this section and the rules adopted by the commissioner.
Source.
2000, 275:1. 2005, 249:15, 16, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:12 - Fees.

141-E:12 Fees. –
I. The commissioner shall, by rule, set a schedule of fees for the granting of licenses under RSA 141-E:10, the granting of certificates under RSA 141-E:11, and the inspection of private dwellings under RSA 141-E:8, III. All fees shall be deposited in a nonlapsing account, shall be used solely for the administration of the department's responsibilities under this chapter, and are hereby continually appropriated for said purposes.
II. The commissioner shall, by rule, set a schedule of fees for the notification of asbestos abatement projects. All such fees and the fines levied under RSA 141-E:16 shall be deposited in a nonlapsing account, shall be used solely for the administration of the department's responsibilities under this chapter, and are hereby continually appropriated for said purposes.
Source.
2000, 275:1. 2005, 249:17, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:13 - Compliance Monitoring.

141-E:13 Compliance Monitoring. –
I. For the purposes of assuring compliance with RSA 141-E:7, I and II; 141-E:8, I and II; 141-E:9; 141-E:10; and 141-E:11, or with any rule adopted by the commissioner, an authorized representative of the department may, upon presentation of appropriate credentials and at any reasonable time:
(a) Enter any asbestos abatement worksite and any asbestos disposal site;
(b) Inspect and obtain samples from the workplace and the environment for the purposes of ensuring compliance with this chapter;
(c) Procure and examine licenses issued under RSA 141-E:10 and certificates issued under RSA 141-E:11; or
(d) Request, inspect, and record information, or test results relating to asbestos abatement activity, school asbestos abatement planning activity, or asbestos disposal site activity.
II. If the property owner refuses to consent to the inspection, the commissioner may obtain an administrative inspection warrant under RSA 595-B.
III. Any information, other than asbestos contamination or exposure data, relating to secret processes or methods of manufacture or production obtained in the course of such inspection shall not be disclosed by any representative of the department without permission of the person whose worksite is inspected.
Source.
2000, 275:1. 2005, 249:18, 19, eff. Sept. 12, 2005.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 141-E - Asbestos Management and Control › Section 141-E:14 - Enforcement.

141-E:14 Enforcement. –
I. Whenever the commissioner has reason to believe that the provisions of RSA 141-E:7, I or II; 141-E:8, I or II; 141-E:9; 141-E:10; or 141-E:11, or any rule adopted by the commissioner under this chapter has been violated, he or she shall issue a notice of violation and an order of abatement. The commissioner may request the attorney general to bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of RSA 141-E:7, I or II; 141-E:8, I or II; 141-E:9; 141-E:10; or 141-E:11, or any rule adopted by him or her under this chapter, or any order issued by him or her pursuant to this chapter.
II. The notices of violation issued pursuant to paragraph I of this section shall set forth the facts constituting the violation. The orders of abatement shall require elimination of the violation and shall set forth the time frame within which abatement shall be completed.
Source.
2000, 275:1. 2005, 249:20, eff. Sept. 12, 2005.