Revision: Feb. 1, 2016, midnight
\t \t\tSB 539 - AS INTRODUCED
2016 SESSION
\t16-2970
\t05/09
SENATE BILL\t539
AN ACT\trelative to access to records under the child protection act.
SPONSORS:\tSen. Boutin, Dist 16; Sen. Fuller Clark, Dist 21; Sen. Soucy, Dist 18; Sen. Kelly, Dist 10; Sen. Woodburn, Dist 1; Sen. Reagan, Dist 17; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Bradley, Dist 3; Sen. Lasky, Dist 13; Rep. Weber, Ches. 1; Rep. Berrien, Rock. 18
COMMITTEE:\tHealth and Human Services
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ANALYSIS
\tThis bill requires a health care provider to disclose the child’s medical records to the department of health and human services and law enforcement as part of an abuse or neglect investigation under RSA 169-C. The bill also provides for disclosure of the department’s case records to state law enforcement as part of the investigation.
\tThe bill is a request of the commission to review child abuse fatalities, established in 2015, 127.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2970
\t05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to access to records under the child protection act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Child Protection Act; Access to Medical Records. Amend RSA 169-C by inserting after section 25 the following new section:
\t169-C:25-a Access to Medical Records.
\t\tI. Upon notice by the department or a law enforcement agency of an investigation of the abuse or neglect of a child, including child fatalities, pursuant to RSA 169-C or the criminal code, a health care provider shall permit the department or the law enforcement agency to inspect and copy the medical records, including but not limited to prenatal and birth records, of the child or children involved in the investigation without the consent of the child, or parent or guardian of the child.
\t\tII. A health care provider who in good faith discloses medical records for the purpose of an investigation of the abuse or neglect of a child to the department or a law enforcement agency shall not be civilly or criminally liable for the disclosure.
\t\tIII. The department or law enforcement agency in possession of medical records pursuant to this section shall, upon the request of the department or another law enforcement agency, be authorized to re-disclose the medical records to the department or other law enforcement agencies solely for the purpose of conducting investigations of child abuse or neglect, including child fatalities, and any subsequent actions under this chapter or criminal proceedings. Medical records disclosed under this section shall not be used or further disclosed for any other purpose without a court order. Medical records provided pursuant to this section shall be exempt from disclosure under RSA 91-A.
\t\tIV. For the purposes of this section, the term “law enforcement agency” shall include the attorney general, a county attorney, a county sheriff, the state police, and any local police department.
\t2 Confidentiality of Case Records; Disclosure to Law Enforcement. Amend RSA 170-G:8-a, II(a)(9) to read as follows:
\t\t\t\t(9) Another state’s child welfare agency[, law enforcement agency,] or other government entity, or any law enforcement agency, including local and out-of-state law enforcement agencies, that requires the information in order to carry out its responsibility under law to protect children from abuse or neglect, including the investigation of child fatalities.
\t3 Repeal. RSA 170-G:8-a, III(c), relative to rules governing access to case records by law enforcement, is repealed.
\t4 Effective Date. This act shall take effect 60 days after its passage.