CHAPTER 200
SB 180 - FINAL VERSION
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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:
200:1 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.
200:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 10, 2019
Effective Date: September 08, 2019
| 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 | |
| June 5, 2019 | House | Floor Vote |
July 10, 2019: Signed by the Governor on 07/10/2019; Chapter 200; Effective 09/08/2019
June 13, 2019: Enrolled (In recess 06/13/2019); SJ 21
June 13, 2019: Enrolled 06/13/2019 HJ 19 P. 18
June 5, 2019: Ought to Pass: MA VV 06/05/2019 HJ 17 P. 20
: Committee Report: Ought to Pass (Vote 18-2; CC)
June 5, 2019: Committee Report: Ought to Pass for 06/05/2019 (Vote 18-2; CC) HC 27 P. 7
May 21, 2019: Executive Session: 05/21/2019 10:00 am LOB 205
May 16, 2019: Division I Subcommittee Work Session: 05/16/2019 10:00 am LOB 104
March 27, 2019: Public Hearing: 03/27/2019 01:00 pm LOB 205
March 14, 2019: Introduced 03/14/2019 and referred to Health, Human Services and Elderly Affairs HJ 9 P. 53
Feb. 14, 2019: Ought to Pass with Amendment 2019-0383s, MA, VV; OT3rdg; 02/14/2019; SJ 5
Feb. 14, 2019: Committee Amendment # 2019-0383s, AA, VV; 02/14/2019; SJ 5
Feb. 14, 2019: Special Order to the Present Time, Without Objection, MA; 02/14/2019; SJ 5
Feb. 14, 2019: Committee Report: Ought to Pass with Amendment # 2019-0383s, 02/14/2019; SC 10
Jan. 29, 2019: Hearing: 01/29/2019, Room 101, LOB, 01:00 pm; SC 8
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Health and Human Services; SJ 4