Bill Details - SB180 (2019)

SB 180 - AS AMENDED BY THE SENATE

 

02/14/2019   0383s

2019 SESSION

19-1057

01/08

 

SENATE BILL 180

 

AN ACT relative to privileged communications under the law governing mental health practice.

 

SPONSORS: Sen. Kahn, Dist 10; Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill clarifies when disclosure of privileged communications is authorized under the law governing mental health practice.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/14/2019   0383s 19-1057

01/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to privileged communications under the law governing mental health practice.

 

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

 

1  Mental Health Practice; Privileged Communications.  Amend RSA 330-A:32 to read as follows:

330-A:32  Privileged Communications.  The confidential relations and communications between any person licensed under provisions of this chapter and such licensee's client are placed on the same basis as those provided by law between attorney and client, and nothing in this chapter shall be construed to require any such privileged communications to be disclosed, unless such disclosure is required by a court order or allowed by federal law pursuant to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or 42 C.F.R. Part 2.  Confidential relations and communications between a client and any person working under the supervision of a person licensed under this chapter which are necessary and customary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with the supervising person licensed under this chapter, unless such disclosure is required by a court order.  This section shall not apply to hearings conducted pursuant to RSA 135-C:27-54 or RSA 464-A.

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

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and Referred to Health and Human Services; SJ 4
Jan. 29, 2019 Hearing: 01/29/2019, Room 101, LOB, 01:00 pm; SC 8
Feb. 14, 2019 Committee Report: Ought to Pass with Amendment # 2019-0383s, 02/14/2019; SC 10
Feb. 14, 2019 Special Order to the Present Time, Without Objection, MA; 02/14/2019; SJ 5
Feb. 14, 2019 Committee Amendment # 2019-0383s, AA, VV; 02/14/2019; SJ 5
Feb. 14, 2019 Ought to Pass with Amendment 2019-0383s, MA, VV; OT3rdg; 02/14/2019; SJ 5
March 14, 2019 Introduced 03/14/2019 and referred to Health, Human Services and Elderly Affairs HJ 9 P. 53
March 27, 2019 Public Hearing: 03/27/2019 01:00 pm LOB 205
May 16, 2019 Division I Subcommittee Work Session: 05/16/2019 10:00 am LOB 104
May 21, 2019 Executive Session: 05/21/2019 10:00 am LOB 205
Committee Report: Ought to Pass (Vote 18-2; CC)

Action Dates

Date Body Type
Jan. 29, 2019 Senate Hearing
Feb. 14, 2019 Senate Floor Vote
Feb. 14, 2019 Senate Floor Vote
March 27, 2019 House Hearing
May 21, 2019 House Exec Session
House Floor Vote

Bill Text Revisions

SB180 Revision: 5128 Date: Jan. 22, 2019, 8:58 a.m.
SB180 Revision: 5338 Date: Feb. 14, 2019, 12:47 p.m.