Bill Text - HB1250 (2016)

Relative to medical neglect of children.


Revision: March 8, 2016, midnight

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HB 1250 - AS INTRODUCED

 

2016 SESSION

\t16-2185

\t05/09

 

HOUSE BILL\t1250

 

AN ACT\trelative to medical neglect of children.

 

SPONSORS:\tRep. K. Rice, Hills. 37; Rep. Rouillard, Hills. 6; Rep. DeSimone, Rock. 14; Rep. Ulery, Hills. 37; Rep. Itse, Rock. 10; Rep. Estevez, Hills. 37; Sen. Avard, Dist 12

 

COMMITTEE:\tChildren and Family Law

 

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ANALYSIS

 

\tThis bill provides that a parent or legal guardian shall not be charged with abuse or neglect of a child's need for medical care if the parent or guardian follows a recommended course of treatment from a licensed medical or mental health provider.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2185

\t05/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trelative to medical neglect of children.

 

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

 

\t1  New Section; Child Protection Act; Reporting Law; Medical Neglect.  Amend RSA 169-C by inserting after section 31 the following new section:

\t169-C:31-a  Medical Neglect.  

\t\tI.  No parent or legal guardian shall be charged with abusing or neglecting a child's need for medical care if:

\t\t\t(a)  The parent or legal guardian has sought medical care for the child from a licensed medical or mental health provider specialized in the presenting medical condition of the child;

\t\t\t(b)  The licensed medical or mental health provider has made a diagnosis;

\t\t\t(c)  The licensed medical or mental health provider has prescribed a lawful course of treatment; and

\t\t\t(d)  The parent or legal guardian is following or willing to follow the recommended course of treatment.

\t\tII.  No mandatory reporter, as defined in RSA 169-C:29, shall file a report of abuse or neglect based solely on a parent's or legal guardian's decision to follow the recommended treatment of a licensed medical or mental health provider specialized in the presenting medical condition of the child, notwithstanding a contrary medical opinion.

\t2  Effective Date.  This act shall take effect 60 days after its passage.

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