SB389 (2008) Detail

(New Title) relative to privileged communications between health care providers and minor children.


SB 389 – AS AMENDED BY THE SENATE

03/20/08 0945s

2008 SESSION

08-2688

05/04

SENATE BILL 389

AN ACT relative to privileged communications between health care providers and minor children.

SPONSORS: Sen. Sgambati, Dist 4; Sen. Odell, Dist 8; Sen. Estabrook, Dist 21; Sen. Burling, Dist 5; Rep. Julie Brown, Straf 1; Rep. Arsenault, Belk 4; Rep. B. Richardson, Ches 5; Rep. Hager, Merr 12; Rep. Dokmo, Hills 6

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill provides that confidential communications between a physician, nurse, or mental health practitioner and a minor child are privileged.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/20/08 0945s

08-2688

05/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to privileged communications between health care providers and minor children.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Physicians and Surgeons; Confidential Communications. Amend RSA 329:26 to read as follows:

329:26 Confidential Communications. The confidential relations and communications between a physician or surgeon licensed under provisions of this chapter and the patient of such physician or surgeon are placed on the same basis as those provided by law between attorney and client, and, except as otherwise provided by law, no such physician or surgeon shall be required to disclose such privileged communications. Confidential relations and communications between a patient and any person working under the supervision of a physician or surgeon that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with such supervising physician or surgeon. The confidential relations and communications under this section apply to minor children who are patients of a physician or surgeon. This section shall not apply to investigations and hearings conducted by the board of medicine under RSA 329, any other statutorily created health occupational licensing or certifying board conducting licensing, certifying, or disciplinary proceedings or hearings conducted pursuant to RSA 135-C:27-54 or RSA 464-A. This section shall also not apply to the release of blood samples and the results of laboratory tests for blood alcohol content taken from a person who is under investigation for driving a motor vehicle while such person was under the influence of intoxicating liquors or controlled drugs. The use and disclosure of such information shall be limited to the official criminal proceedings.

2 Mental Health Practitioners; Privileged Communications. Amend RSA 326-B:35, I to read as follows:

I. Confidential communications between licensees and their clients are privileged in the same manner as those provided by law between physician and patient, and, except as otherwise provided by law, no licensee shall be required to disclose such privileged communications. Confidential communications between a client of a licensee and any person working under the supervision of such licensee to provide services that are customary and necessary for diagnosis and treatment are privileged to the same extent as would be the same communications between the supervising licensee and the client. The confidential relations and communications under this section apply to minor children who are patients of a licensee.

3 Nurses; Privileged Communications. Amend RSA 330-A:32 to read as follows:

330-A:32 Privileged Communications. The confidential relations and communications between any person licensed under provisions of this chapter and such licensee’s client are placed on the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communications to be disclosed, unless such disclosure is required by a court order. Confidential relations and communications between a client and any person working under the supervision of a person licensed under this chapter which are necessary and customary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with the supervising person licensed under this chapter, unless such disclosure is required by a court order. The confidential relations and communications under this section apply to minor children who are clients of a licensee. This section shall not apply to hearings conducted pursuant to RSA 135-C:27-54 or RSA 464-A.

4 Effective Date. This act shall take effect 60 days after its passage.

Links

SB389 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

SB389 Revision: 12192 Date: Jan. 1, 2008, midnight

Docket