CHAPTER 106
HB 1709-FN – FINAL VERSION
22Feb2006… 0892h
2006 SESSION
01/09
HOUSE BILL 1709-FN
AN ACT establishing an autism registry in the department of health and human services.
SPONSORS: Rep. DeJoie, Merr 11; Rep. Butcher, Ches 3; Rep. Bleyler, Graf 9; Sen. Burling, Dist 5
COMMITTEE: Health, Human Services and Elderly Affairs
This bill establishes an autism registry in the department of health and human services. Under this bill, health care providers who are qualified to make a diagnosis of autism spectrum disorder (ASD) are required to report new cases of ASD to the department. The commissioner of the department of health and human services is granted rulemaking authority for the purposes of the bill.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2006… 0892h
06-2296
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing an autism registry in the department of health and human services.
Be it Enacted by the Senate and House of Representatives in General Court convened:
106:1 Purpose and Intent. The general court finds and declares that:
I. Autism spectrum disorder (ASD) is a developmental disorder of brain function which is typically manifested in impaired social interaction, problems with verbal and nonverbal communication and imagination, and unusual or severely limited activities and interests. These symptoms generally appear during the first 3 years of childhood and continue throughout life, often taking devastating emotional and financial tolls on the families of the child with ASD.
II. Best estimates indicate that one in 500 children born in the state will be diagnosed with ASD. However, these numbers may be understated because of current diagnostic procedures and reporting requirements. There is a clear need for greater accuracy in reporting as well as for information on the epidemiologic data on the incidence and prevalence of ASD in this state.
III. An autism registry is needed to improve current knowledge and understanding of ASD, to conduct thorough and complete epidemiologic surveys of the disorder, to enable analysis of this problem, and to facilitate planning for services to children with ASD and their families.
106:2 New Subdivision; Autism Registry. Amend RSA 171-A by inserting after section 29 the following new subdivision:
171-A:30 Autism Registry.
I. There shall be established a state registry in the department which shall include a record of all reported cases of autism spectrum disorder (ASD) that occur in New Hampshire and other information relevant and appropriate to conduct thorough and complete epidemiologic surveys of ASD, to enable analysis of this problem, and to facilitate planning for services to children with ASD and their families. The department may enter into an agreement with an appropriate entity for the management of the registry; provided, that any records and data submitted to the department pursuant to this subdivision shall be the property of the department.
II. Physicians, psychologists, and any other licensed or certified health care provider who is qualified by training to make the diagnosis and who then makes the diagnosis that a child is affected with ASD shall report all new cases of this diagnosis to the department in a form and manner prescribed by the commissioner. The report shall be in writing and shall include the name and address of the person submitting the report and the child’s date of birth, gender, and zip code at birth residence, and the specific diagnosis of the child diagnosed as having ASD. The department shall assign a unique identification code to identify the child diagnosed as having ASD. The code shall not include the name or address of the child.
III. All information required to be reported under this subdivision shall be confidential. A physician, psychologist, or health care provider providing information to the department in accordance with this section shall not be deemed to be, or held liable for, divulging confidential information.
IV. Nothing in this section shall be construed to compel a child who has been reported as affected with ASD to submit to medical or health examination or supervision by the department.
171-A:31 Rulemaking. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. Procedures for reporting cases of ASD under RSA 171-A:30.
II. Content of all forms required under this subdivision.
III. Confidentiality of records and information reported pursuant to this subdivision.
106:3 Applicability. The department of health and human services shall seek grant money from the Centers for Disease Control and Prevention and any other appropriate entity and may accept grants, gifts, and donations from any source for the registry established in section 2 of this act. The department of health and human services shall not expend any state appropriations for any purpose related to the establishment of the registry. The autism registry shall not become operational until the grant or other appropriate grants or moneys are secured.
106:4 Effective Date. This act shall take effect 90 days after its passage.
Approved: May 9, 2006
Effective: August 7, 2006