CHAPTER 87
HB 1158 – FINAL VERSION
2010 SESSION
01/10
HOUSE BILL 1158
AN ACT changing the name of the institutional review board to the vital records privacy board for health-related research.
SPONSORS: Rep. Pilotte, Hills 16; Rep. Schulze, Hills 26; Rep. Flurey, Hills 16
COMMITTEE: Health, Human Services and Elderly Affairs
This bill changes the name of the institutional review board which conducts health-related research to the vital records privacy board for health-related research.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2277
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT changing the name of the institutional review board to the vital records privacy board for health-related research.
Be it Enacted by the Senate and House of Representatives in General Court convened:
87:1 Vital Records. Amend RSA 5-C:108 to read as follows:
5-C:108 Procedures for Requesting Vital Records Data for Health-Related Research. Vital records data or copies of vital records that directly or indirectly identify individuals shall be made available for health-related research purposes upon receipt of a written application and approval of the state’s [institutional review board] vital records privacy board for health-related research pursuant to RSA 126:24-d.
87:2 Subdivision Heading; Changing the Name of the Institutional Review Board to the Vital Records Privacy Board for Health-Related Research. Amend the subdivision heading preceding RSA 126:24-a to read as follows:
Bureau of Health Statistics and Data Management and [Institutional Review Board] Vital Records Privacy Board for Health-Related Research
87:3 Name Change; Definitions. Amend RSA 126:24-a, I to read as follows:
I. “Board” means the [institutional review board] vital records privacy board for health-related research, established in RSA 126:24-e.
87:4 Name Change; Disclosure of Information From Vital Records. Amend RSA 126:24-d to read as follows:
126:24-d Disclosure of Information From Vital Records. All protected health information possessed by the department shall be considered confidential, except that the commissioner shall be authorized to provide vital record information to institutions and individuals both within and outside of the department who demonstrate a need for such information for the purpose of conducting health-related research. Any such release shall be conditioned upon the understanding that once the health-related research is complete that all information provided will be returned to the department or destroyed. All releases of information shall be consistent with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA) and regulations promulgated thereunder by the United States Department of Health and Human Services (45 C.F.R. Part 160 and Part 164). This shall include the requirement that all proposed releases of vital records information to institutions and individuals both within and outside the department for the purposes of health-related research be reviewed and approved by the [institutional review] board, under RSA 126:24-e, before the requested information is released.
87:5 Name Change. Amend RSA 126:24-e, I to read as follows:
I. There is hereby established an independent [institutional review] board administratively attached, pursuant to RSA 21-G:10, to the department to review requests for vital records information for the purposes of conducting health-related research. No vital records information requested for the purposes of conducting health-related research shall be released until the request has first been reviewed and approved by the board.
87:6 Effective Date. This act shall take effect 60 days after its passage.
Approved: May 25, 2010
Effective Date: July 24, 2010