HB293 (2013) Detail

Relative to the adverse events reporting system.



6Mar2013… 0255h





AN ACT relative to the adverse events reporting system.

SPONSORS: Rep. Rosenwald, Hills 30; Rep. J. MacKay, Merr 14; Rep. McMahon, Rock 7; Rep.?Sherman, Rock 24; Sen. Reagan, Dist 17; Sen. Gilmour, Dist 12

COMMITTEE: Health, Human Services and Elderly Affairs


This bill clarifies the adverse events reporting law.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2013… 0255h




In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the adverse events reporting system.

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

27:1 Adverse Events Reporting System. RSA 151:38, I is repealed and reenacted to read as follows:

I. Any hospital or ambulatory surgical center licensed pursuant to this chapter shall report to the commissioner the occurrence of any of the adverse health care events described in subparagraphs (a) and (b) as soon as is reasonably and practically possible, but no later than 15 working days after discovery of the event. The report shall be filed in a format specified by the commissioner and shall identify the facility but shall not include any identifying information for any of the health care professionals, facility employees, or patients involved. The commissioner may consult with experts and organizations familiar with patient safety when developing the format for reporting and in further defining events in order to be consistent with industry standards. Events to be reported under this subdivision include:

(a) Serious reportable events and specifications published and periodically amended by the National Quality Forum, which are incorporated in this subdivision by reference. The department shall provide a link from its Internet website to the serious reportable events and specifications on the National Quality Forum Internet website and shall provide a printed copy upon request.

(b) The exposure of a patient to a non-aerosolized bloodborne pathogen by a health care worker’s intentional, unsafe act. An act by hospital or ambulatory surgery center staff resulting in an infection or disease shall be considered to be purposefully unsafe if it meets all of the following criteria:

(1) There was an intentional act or reckless behavior;

(2) No reasonable person with similar qualifications, training, and experience would have acted the same way under similar circumstances; and

(3) There were no extenuating circumstances that could justify the act.

27:2 Adverse Events Reporting System; Commissioner's Duties and Responsibilities. Amend RSA?151:39, VI to read as follows:

VI. The commissioner shall notify each hospital and ambulatory surgery center when the National Quality Forum publishes an amendment to the serious reportable events and specifications and immediately upon such notification, the amended serious reportable events and specifications shall be the reportable adverse events pursuant to this subdivision.

VII. Nothing in this section shall be construed to limit the responsibilities and duties of the department under RSA 151.

27:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 16, 2013

Effective Date: July 15, 2013