reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:1 - Appointment.

128:1 Appointment. –
The commissioner of the department of health and human services shall appoint as health officer for each town such person as the selectmen of the town recommend, and the commissioner of the department of health and human services shall issue to the health officer a certificate of appointment. The appointed officer shall provide the department with sufficient and complete contact information to be readily accessible as needed. Upon the expiration of the officer's term, or upon his or her removal, death, or resignation or the occurrence of a vacancy in the office for any reason, the selectmen shall recommend a replacement as soon as reasonably practicable; but if no recommendation is made within 15 days after notice, the commissioner may appoint a health officer without such recommendation.
Source.
1915, 27:1. PL 126:1. RL 148:1. RSA 128:1. 1995, 310:182, 183. 1997, 200:4, eff. Aug. 17, 1997. 2021, 61:1, eff. June 4, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:2 - Residence.

128:2 Residence. –
The commissioner of the department of health and human services may appoint any qualified person to act in unorganized localities as a health officer.
Source.
1915, 27:1. PL 126:2. RL 148:2. 1947, 51:1. RSA 128:2. 1995, 310:182, eff. Nov. 1, 1995. 2021, 61:2, eff. June 4, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:3 - Secretary of Local Board.

128:3 Secretary of Local Board. –
The health officer shall be the secretary and executive officer of, and, with the selectmen, shall constitute the local board of health for the town. The local board of health for each town shall meet at least once every year, and as frequently as needed, to review the state of local public health issues and concerns and provide information, as requested, to the department of health and human services, on the readiness to address relevant public health threats at the local or regional levels.
Source.
1915, 27:2, 3. PL 126:3. RL 148:3. RSA 128:3. 1997, 200:5, eff. Aug. 17, 1997. 2021, 61:3, eff. June 4, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:4 - Term; Removal.

128:4 Term;  Removal. –
The health officer shall hold office for 3 years or until a successor is appointed. The commissioner of the department of health and human services may remove the health officer for cause at any time after notice and hearing, and may fill the vacancy in such office by appointment as provided in RSA 128:1.
Source.
1915, 27:3. PL 126:4. RL 148:4. RSA 128:4. 1995, 310:182. 1997, 200:6, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:5 - Duties; Compensation.

128:5 Duties;  Compensation. –
The town health officer:
I. Shall enforce the public health laws and rules.
II. Shall make such sanitary investigations as may be directed by the local board of health, or as may be required by the department of health and human services.
III. May, upon reasonable information, personal knowledge or belief, in order to safeguard public health or to prevent pollution of any aquifer or body of water, enter upon private property, but not into any living quarters, to investigate and, if necessary, take appropriate action to prevent further pollution.
IV. Shall receive for the health officer's services the compensation fixed by the selectmen or the town, except as otherwise provided.
V. May, if duly appointed to serve any New Hampshire town, serve temporarily at the request of the governing body of any other New Hampshire town and may perform any lawful duties within that other town. For those duties performed at the request of such town, all compensation, expenses and liability coverage shall be incumbent upon the requesting town. For the purposes of this paragraph, "temporarily" means 30 calendar days or fewer.
Source.
1915, 27:4. PL 126:5. RL 148:5. RSA 128:5. 1985, 401:38. 1995, 310:181. 1997, 200:7. 2012, 15:1, eff. June 22, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:5-a - Entry Authorized for Investigation.

128:5-a Entry Authorized for Investigation. –
I. A health officer of a town or the health officer's agent shall not be guilty of criminal trespass pursuant to RSA 635:2 when conducting an investigation of sanitary conditions on private property without the consent of the owner, regardless of whether or not the property is designated a secured premises.
II. The authority to enter private property without the consent of the owner for investigation of sanitary conditions does not include the right to enter into any living quarters situated on private property.
Source.
1985, 401:39. 1997, 200:8, eff. Aug. 17, 1997.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:5-b - Deputy Health Officer.

128:5-b Deputy Health Officer. –
When a health officer has been appointed under the provisions of RSA 128:1, such officer may, subject to the approval of the selectmen and the commissioner of the department of health and human services, appoint a deputy health officer or officers who shall be empowered to enforce public health laws and regulations and make such sanitation investigations as the health officer may direct or as may be required by the department of health and human services. The term of the deputy health officer shall expire with that of the health officer, or may be extended with the approval of the board of selectmen, in consultation with the commissioner of the department of health and human services or designee, until the health officer vacancy is filled. The deputy health officer shall receive such compensation from the town as the selectmen of the town shall fix.
Source.
1997, 200:9, eff. Aug. 17, 1997. 2021, 61:4, eff. June 4, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:6 - Health Officer for Several Towns.

128:6 Health Officer for Several Towns. –
Upon recommendation of the selectmen of each of several towns the commissioner of the department of health and human services may, in the commissioner's discretion, appoint any qualified person as health officer for all of said towns, and such health officer shall receive such compensation from each town as the selectmen thereof or the town shall fix.
Source.
1931, 90:3. RL 148:6. 1947, 51:2. RSA 128:6. 1995, 310:182. 1997, 200:10, eff. Aug. 17, 1997. 2021, 61:5, eff. June 4, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:6-a - Deputy Health Officer.

128:6-a Deputy Health Officer. –
In case where a health officer has been appointed under the provisions of RSA 128:6 for several towns, such officer may, subject to the approval of the selectmen of the several towns and the commissioner of the department of health and human services, appoint a deputy health officer or officers who shall be empowered to enforce public health laws and regulations and make such sanitation investigations as said health officer may direct or as may be required by the department of health and human services. Said deputy health officer shall receive such compensation from each town as the selectmen thereof or the town shall fix.
Source.
1959, 184:1. 1995, 310:181, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:8 - Training and Qualifications.

128:8 Training and Qualifications. –
Within one year of appointment every health officer shall complete a minimum of 3 hours of training on topics related to the specific state laws that provide authority to health officers. The training shall be administered at no cost to the municipality by the department of health and human services in collaboration with the New Hampshire health officers association (NHHOA). The curriculum shall cover, but not be limited to, duties and responsibilities of the health officer as required on rental housing standards pursuant to RSA 48-A:3, I(c), assessment and management of health nuisances pursuant to RSA 147, and duties pursuant to RSA 128:5. The required training may be taken in person, or through a remote learning platform as provided by the department of health and human services. Municipalities shall cover reasonable costs of attending the NHHOA training subject to the provisions of RSA 129:1.
Source.
2021, 61:6, eff. June 4, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:9 - Background Check.

128:9 Background Check. –
Each municipality shall request and obtain a criminal history record information request from the department of safety, as a prerequisite to any nomination of a health officer or deputy health officer, to be submitted to the commissioner of the department of health and human services or his or her designee, in order to determine if there are any prior convictions that may disqualify such person or interfere with the performance of his or her duties.
Source.
2021, 61:6, eff. June 4, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:10 - Administrative Rulemaking.

128:10 Administrative Rulemaking. –
The commissioner of the department of health and human services may adopt administrative rules for implementation of this chapter pursuant to RSA 541-A.
Source.
2021, 61:6, eff. June 4, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 128 - Town Health Officers › Section 128:11 - Reporting Requirement.

128:11 Reporting Requirement. –
Beginning November 1, 2021, and annually thereafter, the New Hampshire health officers association, in consultation with the department of health and human services, shall report to the joint legislative oversight committee on health and human services, established in RSA 126-A:13, and the state health assessment and state health improvement plan advisory council, established in RSA 126-A:88, regarding the readiness of municipal health officers to respond to potential public health threats in New Hampshire.
Source.
2021, 61:6, eff. June 4, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 129 - Attendance at Meetings of Health Officers Association › Section 129:1 - City and Town Health Officers Association.

129:1 City and Town Health Officers Association. –
Town and city health officers shall be entitled to receive the actual expenses incurred by them in attending the yearly meeting of the New Hampshire Health Officers Association, the same to be audited by the selectmen of towns and the finance committee of cities respectively and paid out of the town or city treasury.
Source.
1951, 114:1, eff. May 15, 1951.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130 - Sanitary Inspectors › Section 130:1 - Employment.

130:1 Employment. –
For the purpose of carrying out the provisions of this chapter and of other statutes the enforcement of which rests with the department of health and human services, said department may employ persons to be known as inspectors, sanitarians, sanitary engineers and other agents. The salaries of such employees shall be fixed within available appropriations and subject to the regulations of the state personnel commission; and such employees shall be paid their actual expenses legally incurred when engaged in the performance of their duties. All powers and duties imposed on inspectors by the provisions of this chapter may be imposed on sanitarians, sanitary engineers and other agents insofar as the department shall determine.
Source.
1909, 163:1. PL 136:1. 1941, 112:1. RL 161:1. 1950, 9:2. RSA 130:1. 1983, 291:1, I. 1995, 310:175, 181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130 - Sanitary Inspectors › Section 130:3 - Inspection of Food Products.

130:3 Inspection of Food Products. –
The inspectors shall investigate food manufacturing processes and food products offered, or to be offered, for sale in this state, and may take samples of food for examination at the laboratories of the department of health and human services. The department may determine the focus and frequency of inspections and sampling and shall use a risk-based approach in consideration of available resources to prioritize inspections and sampling.
Source.
1909, 163:3. PL 136:3. RL 161:3. 1995, 310:181, eff. Nov. 1, 1995. 2017, 87:1, eff. July 1, 2017.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130 - Sanitary Inspectors › Section 130:4 - Investigation of Sanitation.

130:4 Investigation of Sanitation. –
The inspectors shall, under the direction of the department of health and human services, investigate local sanitary conditions, in conjunction with and upon request of local boards of health, in cases where such expert advice is deemed necessary by the department of health and human services.
Source.
1909, 163:4. PL 136:4. RL 161:4. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130 - Sanitary Inspectors › Section 130:5 - Public Health.

130:5 Public Health. –
In addition to the specific duties herein prescribed, the inspectors shall perform such other duties in connection with public health matters as the department of health and human services shall direct.
Source.
1909, 163:5. PL 136:5. RL 161:5. RSA 130:5. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130 - Sanitary Inspectors › Section 130:6 - Seizure and Restraint.

130:6 Seizure and Restraint. –
Said inspectors, sanitarians, sanitary engineers and other agents are hereby authorized and empowered to seize for use as evidence and without warrant, and seal from further use, any article or commodity found being sold, distributed, stored or employed in the processing of any food or drug which is in violation of the laws relating to public health matters. Provided, however, that in the collection of samples of foods and drugs for investigation, the retail price thereof shall be tendered.
Source.
1941, 112:2. RL 161:6. 1951, 25:1, eff. Mar. 15, 1951.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130 - Sanitary Inspectors › Section 130:7 - Penalty for Obstructing.

130:7 Penalty for Obstructing. –
Whoever hinders, obstructs or in any other way interferes with said inspectors or with any member of said division, or any of their other officers, agents or employees, in the performance of any of their duties, shall be guilty of a violation. For each subsequent offense, any other person shall be guilty of a misdemeanor.
Source.
1909, 163:5. PL 136:6. RL 161:7. RSA 130:7. 1973, 530:6, eff. Oct. 31, 1973 at 11:59 p.m.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:3 - Laboratory Reporting.

130-A:3 Laboratory Reporting. –
I. Any laboratory performing blood lead analysis on adults or children residing in New Hampshire shall report, in accordance with rules adopted under RSA 130-A:10, test results of such analysis.
II. Using the data provided under paragraph I, the department shall annually determine the percentage of children 6 years of age or younger, who are being screened with blood lead level tests in accordance with the department's childhood lead poisoning screening and management guidelines and shall make an annual report, commencing on November 1, 2015, to the president of the senate, the speaker of the house of representatives, the chairpersons of the senate and house committees having jurisdiction over health and human services issues, the senate clerk, the house clerk, and the state library.
Source.
1993, 325:2, eff. July 1, 1994. 2015, 250:1, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:3-a - Capillary Blood Test Screening.

130-A:3-a Capillary Blood Test Screening. –
Any health care provider or organization conducting capillary blood tests, including, but not limited to community action programs, shall inform the department of such fact and shall provide a fact sheet prepared by the department to the parent or guardian of any child whose test indicates any presence of lead. Such fact sheet shall, at a minimum, describe the health effects of childhood lead poisoning, the advisability of obtaining a venous blood test, and the benefits of identifying and addressing lead hazards. It shall include a statement that, in the case of rental properties, it is advisable to inform the property owner of the capillary blood test result and venous blood test result, that measures to identify and address lead hazards shall not be conducted without the property owner's knowledge and opportunity to take such measures, and that a property owner cannot evict a tenant based on the presence in the dwelling or dwelling unit of a child whose capillary blood test or venous blood test indicates a blood lead level.
Source.
2015, 250:2, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:4 - Prohibited Use of Lead Paint.

130-A:4 Prohibited Use of Lead Paint. –
It shall be unlawful for any person to use or apply, or cause to be used or applied, in any child care facility, dwelling or dwelling unit any paint containing more than 0.06 percent lead.
Source.
1993, 325:2, eff. July 1, 1994.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:5 - Investigations.

130-A:5 Investigations. –
I. The commissioner shall investigate cases of lead poisoning in children reported under RSA 141-A whose blood lead level meets or exceeds 5 micrograms per deciliter of whole venous blood. The commissioner may also conduct investigations when there is reason to believe that a lead exposure hazard, as defined in RSA 130-A:1, XVI(b) and (d), for a child exists. Such investigations shall include, but not be limited to:
(a) Requiring additional information and periodic reports from the child' s health care provider, the owner or owner's agent of a leased or rented dwelling or dwelling unit occupied by a child, the owner or operator of any child care facility attended by the child, and any lead inspector, lead risk assessor, or lead abatement contractor involved in lead hazard reduction at the child's dwelling, dwelling unit, or child care facility.
(b) Inspections of dwellings or dwelling units or of any child care facility, and testing environmental samples.
(c) Issuing orders requiring the reduction of lead exposure hazards from a leased or rented dwelling or dwelling unit and from a child care facility, or issuing a notice to the owner of a dwelling or dwelling unit.
II. [Repealed.]
III. The commissioner may request health authorities to assist in such investigations.
IV. The commissioner may obtain an administrative inspection warrant under RSA 595-B if consent of the property owner or the owner's agent for an investigation or inspection is denied.
Source.
1993, 325:2. 1995, 310:183. 1997, 165:4. 2000, 96:5. 2002, 63:4. 2007, 293:1, 15, I. 2009, 276:2, eff. Jan. 1, 2010. 2018, 4:5, eff. July 1, 2019; 4:6, eff. July 1, 2021. 2022, 272:29, eff. Aug. 23, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:5-a - Universal Testing; Health Care Providers; Not Liable.

130-A:5-a Universal Testing;  Health Care Providers;  Not Liable. –
All health care providers who provide primary medical care shall conduct blood testing of all one and 2-year old patients to determine a blood lead level. A health care provider shall not be liable for not performing a test for blood lead level when a parent or guardian has been informed of the blood test requirement and has refused to consent or has failed to follow through in response to a referral for a test. Nothing in this section shall prevent a health care provider from recommending blood testing for children younger than one year or older than 2 years should circumstances, including potential lead hazard exposures, warrant such testing.
Source.
2015, 250:3, eff. Sept. 11, 2015. 2018, 4:3, eff. Apr. 9, 2018.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:5-b - Child Screenings.

130-A:5-b Child Screenings. –
If by 2017 fewer than 85 percent of one-year olds and 2-year olds in the following categories of children are receiving blood lead level tests, the department shall adopt rules, pursuant to RSA 541-A, to require that all health care providers who provide primary medical care to young children shall ensure that their patients in such categories are screened and educated according to the department's childhood lead poisoning screening and management guidelines:
I. Children who live in high-risk communities designated by the department.
II. Children who are in Medicaid.
III. Children who are receiving benefits under the Women, Infants, and Children Program (WIC).
IV. Children who are enrolled in Head Start.
Source.
2015, 250:3, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:5-c - Blood Lead Testing.

130-A:5-c Blood Lead Testing. –
All parents or legal guardians shall have their children who are residing in this state tested for blood lead level at the ages of one and 2. A child shall be exempt from this required blood lead level testing if a parent or legal guardian objects to such testing and provides a statement to such effect or if a physician licensed under RSA 329, or a physician exempted under RSA 329:21, III, certifies that blood lead level testing may be detrimental to the child's health. The latter exemption shall exist only for the length of time that, in the opinion of the physician, testing would be detrimental to the child. The commissioner shall develop an opt out form for the purposes of this section and shall make such form available to health care facilities. The form shall include simple opt out language in a font and size easily readable by the average adult reader.
Source.
2018, 4:4, eff. Apr. 9, 2018.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:5-d - Sale and Rental of Property.

130-A:5-d Sale and Rental of Property. –
After July 1, 2024, the following shall require certification of lead safety pursuant to this chapter prior to being used as either a residential rental unit or as a day care facility:
I. Newly-constructed rental units within buildings erected prior to January 1, 1978. For the purposes of this section "newly-constructed rental units" means rental units being converted from a use other than residential rental housing.
II. Newly-licensed day care facilities within buildings erected prior to January 1, 1978.
Source.
2018, 4:4, eff. Apr. 9, 2018.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:6-b - Parent Notification.

130-A:6-b Parent Notification. –
The department shall send materials to the parents of any child with a blood lead level of 3 micrograms per deciliter or higher. Such materials shall inform parents who are tenants to work with the property owner and advise against engaging in renovation, repair, or painting activities themselves. Such materials shall inform parents who own and occupy the house in which the child resides of resources for identifying and eliminating lead hazards, including the Renovation, Repair and Painting Program.
Source.
2015, 250:5, eff. Sept. 11, 2015. 2018, 4:1, eff. Apr. 9, 2018.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:9 - Prohibitions.

130-A:9 Prohibitions. –
I. No person shall perform or cause to be performed lead base substance abatement, in-place management, or interim controls in a dwelling or dwelling unit, or in any child care facility, in any manner other than as provided for in rules adopted under RSA 130-A:10.
II. No person shall perform or cause to be performed a lead inspection or lead risk assessment, as defined in HE-P 1600, in a dwelling or dwelling unit or in a child care facility in any manner other than as provided for in rules adopted under RSA 130-A:10.
III. No child or pregnant woman shall be present in a leased or rented dwelling or dwelling unit, or in a child care facility, during the period of lead hazard reduction when the method of reduction causes the release of lead base substances which may be inhaled or ingested. The dwelling or dwelling unit or the child care facility shall not be reoccupied until an inspection is performed which indicates the lead exposure hazard has been reduced. The commissioner shall include this prohibition in any order issued under RSA 130-A:7.
IV. No person performing inspections or lead risk assessments, as defined in HE-P 1600, for the presence of lead base substances as a lead inspector or lead risk assessor after lead hazard reduction shall perform or have performed the lead hazard reduction.
V. No person shall advertise or otherwise offer or make available services as a lead inspector, lead risk assessor, or lead abatement contractor without being licensed under RSA 130-A:12.
VI. No person shall engage any individual for lead base substance abatement who has not been tested and certified under RSA 130-A:12. However, individuals not certified under RSA 130-A:12, II, may engage in activities related to a lead exposure hazard reduction plan, such as, but not limited to, installation of exterior siding, carpet or paving, or application of encapsulants, provided that the individual does not engage directly in lead based substance abatement and the plan is reviewed and approved by a contractor licensed under RSA 130-A:12, I.
VII. No training program shall be offered in this state for the purposes of training lead inspectors, lead risk assessors, lead abatement contractors, lead clearance testing technicians, or lead abatement workers that has not been certified under RSA 130-A:12.
Source.
1993, 325:2. 1995, 310:183. 1997, 165:10, 11. 2000, 96:7. 2007, 293:5, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:11 - Application.

130-A:11 Application. –
I. The department shall implement and enforce the provisions of this chapter throughout the state.
II. Notwithstanding the provisions of paragraph I, any municipality which adopts this chapter by a majority vote of its local governing body, as defined in RSA 672:6, may assume full and sole legal authority to enforce the provisions of this chapter by any means lawfully delegated to the municipality by any statute, except for matters pertaining to licensure and certification under RSA 130-A:12 which shall rest solely with the department.
III. Health authorities in municipalities other than those adopting this chapter under RSA 130-A:11, II, may, upon request to and approval by the commissioner, carry out investigations under RSA 130-A:5. The issuance of orders shall remain the sole responsibility of the commissioner.
Source.
1993, 325:2. 1995, 310:175, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:12 - Licensure; Certification.

130-A:12 Licensure;  Certification. –
I. (a) A license to perform as a lead abatement contractor, lead inspector, or lead risk assessor, shall be issued in writing by the department in accordance with rules adopted under RSA 130-A:10, I. The license shall be valid for 12 months from the date of issuance, shall contain the expiration date, and shall contain the official signature of the commissioner or designee. The license or a certified copy of the license shall be available for inspection at any worksite during the period of work of the lead abatement contractor, lead inspector, or lead risk assessor.
(b) Any owner who owns 4 or fewer dwelling units shall not be required to obtain a lead abatement contractor license to perform lead abatement on such owner's dwellings or dwelling units, provided that such owner shall comply with all rules adopted under RSA 130-A:10, I.
II. Lead abatement workers and lead clearance testing technicians shall first obtain a certification from the department. The certification shall be issued in accordance with rules adopted under RSA 130-A:10, II. The certificate shall be in writing, shall be valid for a period of 12 months from the date of issuance, and shall contain the official signature of the commissioner or designee. The certificate or a certified copy of the certificate shall be available for inspection at any worksite where the individual is performing lead base substance abatement or conducting clearance testing.
III. Training programs offered in New Hampshire for lead abatement contractors, lead inspectors, lead risk assessors, and individuals seeking certification as lead abatement workers or lead clearance testing technicians shall first be certified by the department in accordance with rules adopted under RSA 130-A:10, XI. Such certification shall be in writing, shall be valid for a period of 12 months from the date of issuance, and shall contain the official signature of the commissioner or designee. The certification or a certified copy of the certificate shall be available for inspection during any period of training.
IV. [Repealed.]
Source.
1993, 325:2. 1995, 310:175, 183. 1997, 165:16. 2000, 96:9. 2007, 293:15, II, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:13 - Notification Program.

130-A:13 Notification Program. –
The commissioner may, if necessary, institute a program requiring the notification to the department of all inspections for lead base substances carried out by lead inspectors, risk assessments carried out by lead risk assessors, and of all lead hazard reduction activities conducted on child care facilities and on leased or rented dwelling and dwelling units, carried out by lead abatement contractors or by lead abatement workers. The program shall be conducted in accordance with rules adopted under RSA 130-A:10, VII, and the commissioner shall collect fees for notifications. The commissioner may conduct inspections of such activities as necessary to assure that the provisions of this chapter and rules adopted under it are carried out.
Source.
1993, 325:2. 1995, 310:175, 183. 1997, 165:17. 2000, 96:10, eff. June 26, 2000.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:14 - Administrative Fines.

130-A:14 Administrative Fines. –
The commissioner, after notice and opportunity for a hearing, and pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $5,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the lead poisoning prevention fund established in RSA 130-A:15.
Source.
1993, 325:2. 1995, 310:183. 2007, 293:8. 2009, 276:7. 2014, 157:1, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:15 - Lead Poisoning Prevention Fund.

130-A:15 Lead Poisoning Prevention Fund. –
There is hereby established the lead poisoning prevention fund to be used to carry out the provisions of this chapter. The fund shall be composed of fees, fines, gifts, grants, donations, bequests, or other moneys from any public or private source and shall be used to implement and encourage lead paint removal and education, and to support program staff and administrative costs. The fund shall be nonlapsing and shall be continually appropriated to the commissioner of the department of health and human services for the purposes of this chapter.
Source.
1993, 325:2. 1995, 310:182. 2007, 293:9. 2010, Sp. Sess., 1:8, eff. June 10, 2010.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:16 - Penalty.

130-A:16 Penalty. –
Any person who violates any provision of this chapter shall be guilty of a misdemeanor for each day that a violation exists. When lead hazard reduction has been ordered, the period of violation shall be calculated from the last date for reduction stated in the order issued under RSA 130-A:7 or in any extension of the order.
Source.
1993, 325:2. 1997, 165:18, eff. Aug. 8, 1997.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:17 - Injunctive Relief.

130-A:17 Injunctive Relief. –
I. Either the attorney general or the commissioner may bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of this chapter, rules adopted under this chapter, or orders issued pursuant to this chapter, including but not limited to, orders of lead hazard abatement and orders imposing administrative fines.
II. The court hearing shall be held on an expedited basis and as soon as the court's docket permits.
III. Either party may request that the court hold a consolidated hearing for both temporary and permanent injunctive relief.
Source.
1993, 325:2. 1995, 310:183. 2006, 314:5. 2009, 276:8, eff. Jan. 1, 2010.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 130-A - Lead Paint Poisoning Prevention and Control › Section 130-A:18 - Civil Suits.

130-A:18 Civil Suits. –
Owners of pre-1978 rental housing and childcare facilities shall take reasonable care to prevent exposure to, and the creation of, lead hazards. Notwithstanding any provision of law to the contrary, the mere presence of a lead base substance shall not constitute negligence on the part of an owner of any dwelling. To establish negligence on the part of an owner, the plaintiff in a civil suit shall demonstrate actual injury caused by the lead base substance. Evidence of actions taken or not taken by the owner of a pre-1978 rental property or childcare facility in compliance with applicable public health laws and regulations concerning lead may be admissible evidence of reasonable care or negligence. Remedial actions taken by a property owner after a lead exposure has occurred shall not be admissible evidence for purposes of establishing liability. Evidence of a tenant's disturbance of painted surfaces containing lead paint also shall be admissible evidence. In addition, the mere presence of a lead base substance in a dwelling shall not by itself violate any warranty of habitability.
Source.
1995, 169:1, eff. Jan. 1, 1996. 2015, 250:7, eff. Sept. 11, 2015.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 131 - Laboratory of Hygiene › Section 131:1 - Purposes.

131:1 Purposes. –
The department of health and human services may establish, equip, and operate a laboratory or laboratories with such expert assistants and such facilities as are necessary for routine examinations and analyses and for original investigations and research in matters affecting public health.
Source.
1901, 23:1. PL 127:1. RL 149:1. 1943, 118:1, par. 1. RSA 131:1. 1983, 291:1, I. 1995, 310:181, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 131 - Laboratory of Hygiene › Section 131:2 - Investigations.

131:2 Investigations. –
They shall make investigations and analyses of foods and drugs offered for sale in our markets with a view of discovering adulterated, misbranded and unhealthful or unsafe products and shall make investigations concerning food sanitation, the disposal of sewage and similar matters of sanitation and shall enforce the laws relative to all such matters. They shall conduct such toxicological investigations as may be requested by the attorney general or by county attorneys. They may employ such clerical and technical personnel as may be necessary.
Source.
1901, 23:2. 1925, 45:1. PL 127:2. RL 149:2. 1943, 118:1, par. 2, eff. April 15, 1943.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 131 - Laboratory of Hygiene › Section 131:3 - Testing of Water Supplies.

131:3 Testing of Water Supplies. –
They shall make periodic inspections and analyses of the public water supplies of the state and any special investigations thereof that may be called for; also, when requested or as may be deemed by them necessary or expedient in the interests of the public health, make inspections or analyses of sources furnishing water to institutions, schools, hotels, camps, other places of public resort and individuals, and advise in connection with the same; and they shall enforce the laws pertaining to water supply and to the sanitation of public waters.
Source.
1901, 23:4. 1925, 60:1. PL 127:4. RL 149:4. 1943, 118:1, par. 3, eff. April 15, 1943.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 131 - Laboratory of Hygiene › Section 131:4 - Service; Reimbursements; Rulemaking.

131:4 Service;  Reimbursements;  Rulemaking. –
The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A relative to a list of laboratory services to be provided under this chapter and a schedule of fees for such services. The fees may be waived by the commissioner when the commissioner determines it is in the best interests of the health of the public to do so. Fees collected under this section shall be forwarded to the state treasurer to be deposited in the general fund.
Source.
1901, 23:5. PL 127:6. 1935, 59:1. RL 149:6. 1943, 118:1, par. 4. RSA 131:4. 1986, 198:10. 1995, 308:26; 310:182, 183. 2003, 319:90, eff. Jan. 1, 2004.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 131 - Laboratory of Hygiene › Section 131:5 - Contracts for Outside Services.

131:5 Contracts for Outside Services. –
They may enter into contracts with laboratories in localities accessible to the various portions of the state for the prompt examination of specimens received from local health officers or physicians and for an immediate report on such examinations, at the expense of the state, provided that all laboratories shall conform to the standards of efficiency as adopted by rules by the department of health and human services, and that the director, bacteriologist or pathologist in charge of such examinations shall possess such educational and technical qualifications as the commissioner of the department of health and human services shall establish by rule. No obligation shall be incurred by the department of health and human services relative to the examinations in excess of the sums made available for them.
Source.
1943, 118:1, par. 5. RSA 131:5. 1983, 291:1, I. 1985, 190:38. 1995, 310:181-183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 131 - Laboratory of Hygiene › Section 131:5-a - Rulemaking.

131:5-a Rulemaking. –
The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to:
I. Standards of efficiency for laboratories under RSA 131:5.
II. The educational and technical qualifications of the commissioner, bacteriologist, or pathologist in charge of examinations under RSA 131:5.
III. [Repealed.]
Source.
1985, 190:37. 1995, 310:182, 183. 2012, 171:26, III, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 131 - Laboratory of Hygiene › Section 131:6 - Bulletin.

131:6 Bulletin. –
They may publish in a bulletin the results of the analytical work done in said laboratory, naming fraudulent and adulterated articles of food found on sale in this state, together with such other information relating to sanitary matters as they may deem advisable.
Source.
1901, 23:4. PL 127:7. RL 149:7. 1943, 118:1 par. 6, eff. April 15, 1943.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:1 - Purpose; Instruction.

132:1 Purpose;  Instruction. –
The department of health and human services may provide instruction, advice and such services as the commissioner may deem necessary for children with special health care needs, and to protect and promote the physical health of women in their child-bearing years and their infants and children.
Source.
1921, 151:1. PL 128:1. RL 150:1. RSA 132:1. 1983, 291:1, I. 1986, 198:11. 1995, 310:181, 183. 2004, 21:3, eff. June 4, 2004.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:2 - Duties.

132:2 Duties. –
The commissioner of the department of health and human services shall:
I. Conduct studies as necessary to carry out the provisions of this chapter.
II. Formulate and administer such plans as are necessary to carry out the provisions of this chapter.
III. Receive and expend, in accordance with plans developed under this chapter, funds made available to the department by the federal government, the state or its political subdivisions, or other sources.
IV. Cooperate with the federal government and with other state and local agencies and organizations in developing, extending, and improving the services provided under this chapter.
V. Supervise those services authorized by this chapter and provided under contract with local agencies.
VI. Employ such persons as necessary to carry out the requirements of this chapter.
VII. Administer the supplemental food program for women, infants, and children in accordance with RSA 132:12-a.
VIII. Assure the prevention of ophthalmia neonatorum in accordance with RSA 132:6.
IX. Assure the screening of newborn children for metabolic disorders in accordance with RSA 132:10-a.
X. Administer services for children with special health care needs as provided for under RSA 132:13.
XI. Prepare, in conjunction with the office of alcohol and drug abuse prevention, a brochure which provides information relative to fetal alcohol syndrome and which shall be available to the public in the office of the town clerk and at the check-out counter of the state liquor store.
XII. Prepare, in conjunction with the bureau of alcohol and drug services and the division of public health services, a brochure and a poster which provides information relative to the risks of cannabis use during pregnancy, adolescence, and while breastfeeding, which shall be posted and available to the public in all therapeutic cannabis dispensary locations pursuant to RSA 126-X:8.
Source.
1921, 151:4. PL 128:2. RL 150:2. RSA 132:2. 1986, 198:12. 1988, 226:1. 1995, 310:182. 2004, 21:4. 2005, 261:1, eff. Sept. 20, 2005. 2021, 47:5, eff. July 24, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:3 - Enforcement of Rules.

132:3 Enforcement of Rules. –
The division may enforce the department's rules and ordinances through its inspectors, or through the local boards of health.
Source.
1911, 121:2. PL 128:6. RL 150:6. RSA 132:3. 1985, 190:39, eff. May 29, 1985.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:4 - Effect of Aid.

132:4 Effect of Aid. –
No person receiving aid under this chapter shall be affected thereby in any civil or political rights, nor shall their identity be disclosed except upon written order of the commissioner of the department of health and human services.
Source.
1921, 151:3. PL 128:3. RL 150:3. RSA 132:4. 1986, 198:13. 1995, 310:182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:5 - Repealed by 1986, 198:23, XXVII, eff. Aug. 2, 1986.

132:5 Repealed by 1986, 198:23, XXVII, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:6 - Prevention of Ophthalmia in Newborn.

132:6 Prevention of Ophthalmia in Newborn. –
I. The physician, hospital, nurse midwife, midwife, or other health care provider attending a newborn child shall, after washing the lids and adjacent tissues immediately following birth, place into each eye of every child a single drop of a one percent solution of nitrate of silver or some equally efficient solution.
II. Should one or both eyes of an infant become inflamed, swollen, and red, and show an unusual discharge at any time within 2 weeks after its birth, a report shall be made in writing, within 6 hours thereafter, to the department of health and human services, except if a licensed physician is in attendance he shall report as required by this section within 24 hours.
III. If a physician is not in attendance, the parents, or whoever has charge of such infant, shall immediately place it in the charge of a licensed physician.
IV. The commissioner of the department of health and human services may publish such information and instruction and adopt rules as he deems expedient to prevent the development of inflammation in the eyes of newborn babies, or so-called ophthalmia neonatorum.
Source.
1911, 121:1. PL 128:5. RL 150:5. RSA 132:6. 1985, 190:40. 1986, 198:14. 1995, 310:181, 182. 1999, 213:1, eff. July 6, 1999.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:7 - Repealed by 1986, 198:23, XXVIII, eff. Aug. 2, 1986.

132:7 Repealed by 1986, 198:23, XXVIII, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:8 - Repealed by 1986, 198:23, XXIX, eff. Aug. 2, 1986.

132:8 Repealed by 1986, 198:23, XXIX, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:9 - Repealed by 1986, 198:23, XXX, eff. Aug. 2, 1986.

132:9 Repealed by 1986, 198:23, XXX, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:10 - Repealed by 1986, 198:23, XXXI, eff. Aug. 2, 1986.

132:10 Repealed by 1986, 198:23, XXXI, eff. Aug. 2, 1986. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 132 - Protection for Maternity and Infancy › Section 132:10-aa - Newborn Screening; Pulse Oximetry Test Required.

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