Revision: Dec. 14, 2011, midnight
HB 1351 – AS INTRODUCED
2012 SESSION
10/03
HOUSE BILL 1351
AN ACT relative to disclosure of confidential information by the board of medicine.
SPONSORS: Rep. C. McGuire, Merr 8; Rep. Kurk, Hills 7
COMMITTEE: Executive Departments and Administration
This bill clarifies the authority of the board of medicine to disclose confidential information acquired in an investigation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2130
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to disclosure of confidential information by the board of medicine.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Board of Medicine; Investigations; Disclosure. Amend RSA 329:18, I to read as follows:
I. The board, through the medical review subcommittee, may investigate possible misconduct by licensees and applicants for licensure, as well as the unauthorized practice of medicine and other matters within the scope of this chapter. Investigations may be conducted formally, after issuance of a board order setting forth the general scope of the investigation, or informally, without such an order. In either case, board investigations and the information gathered in such investigations, including information provided to the board under RSA 329:17, I(b), III, IV, and V and RSA 329:18, V, shall be exempt from the public disclosure provisions of RSA 91-A, except to the extent such information may later become the subject of a public disciplinary hearing. The board [may] shall not disclose information acquired in an investigation [to law enforcement or health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders], except:
(a) With the permission of the practitioner and any patients involved; or
(b) To law enforcement;
(1) When specifically required by statute; or
(2) If evidence of criminal activities is found; or
(3) In response to subpoenas or other valid court orders; or
(c) To a health licensing agency in this state or any other jurisdiction when the practitioner involved has or is applying for a license with that agency.
2 Effective Date. This act shall take effect 60 days after its passage.