SB162 (2021) Detail

Relative to the department of health and human services, the New Hampshire granite advantage health care trust fund, and health facility licensure.


SB 162-FN - AS INTRODUCED

 

 

2021 SESSION

21-0464

04/10

 

SENATE BILL 162-FN

 

AN ACT relative to the department of health and human services, the New Hampshire granite advantage health care trust fund, and health facility licensure.

 

SPONSORS: Sen. Bradley, Dist 3

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill makes numerous revisions to funds, positions, and programs within the department of health and human services, including the therapeutic cannabis program; community mental health and behavioral health programs; youth tobacco use; the interstate compact for the placement of children; residential care and child placement licensing procedures; availability of epinephrine auto-injectors and asthma inhalers at recreation camps; the developmentally disabled wait list; the New Hampshire granite workforce program; and child protection investigations.  The bill also establishes a public health services special fund and directs certain fees to that fund to be used by the department for program oversight.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0464

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to the department of health and human services, the New Hampshire granite advantage health care trust fund, and health facility licensure.

 

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

 

1  Application of Receipts; Fund for Domestic Violence Grant Program.  Amend RSA 6:12, I(b)(12) to read as follows:

(12)  Moneys received under RSA 457:29, 457:32-b, and 631:2-b, V which shall be credited to the special fund for domestic violence programs established in RSA 173-B:15.

2  Application of Receipts; Public Health Services Special Fund.  Amend RSA 6:12, I(b)(15) to read as follows:

(15)  Money received under RSA 125-F:22, 143:11, 143:22-a, 143-A:6, and 184:85, which shall be credited to the public health services special fund established in RSA 143:11, III.

3  Compensation of Certain State Officers; Health and Human Services Positions Amended.  Amend the following position in RSA 94:1-a, I(b), grade GG to read as follows:

GG  Department of health and human services director of [program planning and integrity] Medicaid enterprise development

4  Compensation of Certain State Officers; Health and Human Services Positions Amended.  Amend the following positions in RSA 94:1-a, I(b), grade JJ to read as follows:

JJ  Department of health and human services associate commissioner [of human services and behavioral health]

JJ  Department of health and human services associate commissioner [of operations]

JJ  Department of health and human services associate commissioner [for population health]

[JJ  Department of health and human services associate commissioner, operations

JJ  Department of health and human services associate commissioner, population health]

5  Residential Care and Health Facility Licensing; Emergency Services.  Amend RSA 151:2-g to read as follows:

151:2-g  Emergency Services.  Every facility licensed as a hospital under RSA 151:2, I(a) shall operate an emergency department offering emergency services to all individuals regardless of ability to pay 24 hours every day, 7 days a week.  This requirement shall not apply to any hospital licensed and operating prior to July 1, 2016, which does not operate an emergency department or to any new psychiatric or substance abuse treatment hospital.  For the purposes of this section, emergency services shall include the emergency medical treatment of both physical and behavioral health.

6  New Subparagraph; New Hampshire Retirement System; Definitions.  Amend RSA 100-A:1, VIII by inserting after subparagraph (b) the following new subparagraph:

(c)  The bureau chief for emergency preparedness and response with the department of health and human services, division of health public services who:

(1)  Has the authority and responsibility to engage in the prevention and control of public health incidents or emergencies;

(2)  As a job requirement is fully certified as an emergency preparedness official qualified to administer emergency planning, response and recovery activities in the event of natural disasters, public health crises or similar incidents; and

(3) As a job requirement shall meet all physical, mental, educational, and other qualifications for continuing certification as an emergency preparedness official that may be established by the certifying authority.

7  Radiological Health Programs; Civil Penalties.  Amend RSA 125-F:22, IV to read as follows:

IV.  Upon request of the department of health and human services, the department of justice is authorized to institute civil action to collect a penalty imposed pursuant to this section.  The attorney general shall have the exclusive power to compromise, mitigate, or remit such civil penalties as are referred to [him]  the attorney general for collection.  All civil penalties collected under this section shall be forwarded to the state treasurer.  The state treasurer shall deposit all moneys received under this section, and interest received on such money, to the public health services special fund, [which shall be nonlapsing], established in RSA 143:11, from which the department of health and human services shall pay expenses incident to the administration of this chapter.

8  Department of Health and Human Services; Office of the Ombudsman.  Amend RSA 126-A:4, III to read as follows:

III.  The department shall establish an office of the ombudsman to provide assistance to clients [and employees] of the department by investigating and resolving complaints regarding any matter within the jurisdiction of the department including services or assistance provided by the department or its contractors.  The ombudsman's office may provide mediation or other means for informally resolving complaints.  The records of the ombudsman's office shall be confidential and shall not be disclosed without the consent of the client [or employee] on whose behalf the complaint is made, except as may be necessary to assist the service provider [or the employee's supervisor] to resolve the complaint, or as required by law.

9  Repeal.  RSA 126-A:5, II-a, relative to an annual report of an aggregate schedule of payables for class 90 grant lines, is repealed.

10  New Section; Department of Health and Human Services; Status in Retirement System.  Amend RSA 126-A by inserting after section 5-e the following new section:

126-A:5-f  Status in Retirement System.  For purposes of classification under RSA 100-A, any person who is or becomes the bureau chief for emergency preparedness with the department’s division of health public services, shall be included in the definition of group II under RSA 100-A:1, VII(h) and VIII(c) under the retirement system, provided that, notwithstanding RSA 100-A:1, VII(h) or VIII(c), any person not already a group II member for at least 10 years during or prior to his or her appointment shall be eligible for or remain as a group I member for the duration of service as the bureau chief for emergency preparedness.

11  Repeal.  The following are repealed:

I.  RSA 126-A:50 through RSA 126-A:59, RSA 126-A:61, and RSA 126-A:63, relative to the housing security guarantee program.

II.  RSA 6:12, I(b)(255), relative to moneys deposited in the homeless housing and access revolving loan fund, established in RSA 126-A:63.

12  State Health Plan; State Health Assessment and State Health Improvement Plan Advisory Council.  Amend RSA 126-A:88, I(a) to read as follows:

(a)  [Two] Three members of the house of representatives, one of whom shall be appointed by the speaker of the house of representatives and one of whom shall be appointed by the minority leader.

13  New Subparagraphs; State Health Plan; State Health Assessment and State Health Improvement Plan Advisory Council.  Amend RSA 126-A:88, I by inserting after subparagraph (dd) the following new subparagraphs:

(ee)  A health officer, appointed by the New Hampshire Health Officers Association.

(ff)  A representative from Community Support Network, Inc. (CSNI) appointed by CSNI.

(gg)  A representative from New Hampshire Community Behavioral Health Association appointed by association.

(hh)  The director of the office of health equity, department of health and human services, or designee.

(ii)  A representative from a large hospital system appointed by the New Hampshire Hospital Association.

14  State Health Plan; State Health Assessment and State Health Improvement Plan Advisory Council.  Amend RSA 126-A:88, III to read as follows:

III.  Members of the council appointed under subparagraphs II(a) through (j) in this section shall serve a term coterminous with their term in office.  The members appointed pursuant to subparagraphs [II(k) through (dd)] I(k) through (hh) in this section shall serve 6-year terms provided that initial appointments shall be for staggered terms of one to 6 years.  Legislative members shall receive mileage at the legislative rate when attending to the duties of the council.  The first-named senate member shall convene the organizational meeting of the council within 45 days of the effective date of this section for the purpose of electing officers.  The chairperson shall be elected upon a majority vote of the council.  [Seventeen] Twenty members shall constitute a quorum.

15  Youth Access to and Use of Tobacco Products.  Amend RSA 126-K:1 to read as follows:

126-K:1 Purpose.  The purpose of this chapter is to protect the citizens of New Hampshire from the possibility of addiction, disability, and death resulting from the use of tobacco products by ensuring that tobacco products will not be supplied to persons under the age of 21.  This chapter shall not apply to individuals who have been issued a registry identification card under RSA 126-X:4 or alternative treatment centers registered under RSA 126-X:7 with respect to the therapeutic use of cannabis.

16  Youth Access to and Use of Tobacco Products; Possession and Use.  Amend RSA 126-K:6, I to read as follows:

I.  No person under 21 years of age shall purchase, attempt to purchase, possess, or use any tobacco product, e-cigarette, device, or e-liquid [except individuals who have been issued a registry identification card under RSA 126-X:4 may purchase, possess and use e-liquids containing cannabis and applicable devices as allowed under RSA 126-X].

17  Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1, VII(b) to read as follows:

(b)  For a visiting qualifying patient, "provider" means an individual licensed to prescribe drugs to humans in the state of the patient's residence and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.  [Such visiting patient shall not be eligible to purchase or transfer cannabis from an eligible New Hampshire patient.]

18  Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1, XI to read as follows:

XI.  "Registry identification card" means a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual as a qualifying patient or a designated caregiver.

19  Use of Cannabis for Therapeutic Purposes; Definitions.  Amend RSA 126-X:1, XVII to read as follows:

XVII.  "Written certification" means documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a provider-patient relationship.  [The date of issuance and the patient's qualifying medical condition, symptoms or side effects, the certifying provider's name, medical specialty, and signature shall be specified on the written certification.]

20  New Paragraph; Use of Cannabis for Therapeutic Purposes; Protections.  Amend RSA 126-X:2 by inserting after paragraph XVI the following new paragraph:

XVII.  Authorized employees of the department shall not be subject to arrest by state or local law enforcement, prosecution, or penalty under state or municipal law, or search, when possessing, transporting, delivering, or transferring cannabis and cannabis infused products for the purposes of regulatory oversight related to this chapter.

21  Use of Cannabis for Therapeutic Purposes; Protections.  Amend RSA 126-X:2, IX(c) to read as follows:

(c)  Deliver, transfer, supply, sell, or dispense cannabis and related supplies and educational materials to qualifying patients [who have designated the alternative treatment center to provide for them], to designated caregivers on behalf of the qualifying patients [who have designated the alternative treatment center], or to other alternative treatment centers.

22  Use of Cannabis for Therapeutic Purposes; Prohibitions and Limitations on the Therapeutic Use of Cannabis.  Amend RSA 126-X:3, VII-VIII to read as follows:

VII.  The department may revoke the registry identification card of a qualifying patient or designated caregiver for violation of rules adopted by the department or for violation of any other provision of this chapter, including for obtaining more than 2 ounces of cannabis in any 10-day period in violation of RSA 126-X:8, XIII(b), and the qualifying patient or designated caregiver shall be subject to any other penalties established in law for the violation.

VIII.  A facility caregiver shall treat cannabis in a manner similar to [medications] other narcotics with respect to its storage, security, and administration when assisting qualifying patients with the therapeutic use of cannabis.

23  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, I(e) and the introductory paragraph of I(f) to read as follows:

(e)  Name[, address, and telephone number] of the applicant's provider.

(f)  Name[, address,] and date of birth of the applicant's designated caregiver, if any. A qualifying patient shall have only one designated caregiver, except as follows:

24  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, II(d) to read as follows:

(d)  Name, residential and mailing address, and date of birth of each qualifying patient for whom the applicant will act as designated caregiver, except that if the qualifying patient is homeless, no residential address is required.  [An applicant shall not act as a designated caregiver for more than 5 qualifying patients.]

25  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend the introductory paragraph in RSA 126-X:4, IV and RSA 126-X:4, IV(a)-(b) to read as follows:

IV.  The department shall create and issue a registry identification card to a person applying as a qualifying patient or designated caregiver within 5 days of approving an application or renewal.  Each registry identification card shall expire one year after the [date of issuance] effective date of the card, unless the provider states in the written certification that the certification should expire at an earlier [specified date] or later effective date, not to exceed 3 years, then the registry identification card shall expire on that date.  Registry identification cards shall contain all of the following:

(a)  Name, mailing address, and date of birth of the qualifying patient or designated caregiver.

(b)  The date of issuance, effective date, and expiration date of the registry identification card.

26  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, VII(a) to read as follows:

VII.(a)  The department shall track the number of qualifying patients [who have designated each alternative treatment center] and issue a weekly written statement to the alternative treatment center identifying the number of qualifying patients [who have designated that alternative treatment center] along with the registry identification numbers of each qualifying patient and each qualifying patient's designated caregiver.

27  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, VIII to read as follows:

VIII.  In addition to the weekly reports, the department shall also provide written notice to an alternative treatment center which identifies the names and registration identification numbers of a qualifying patient and his or her designated caregiver whenever [any] either of the following events occur:

(a)  A qualifying patient [designates the alternative treatment center to serve his or her needs] is registered as a participating patient under this chapter; or

(b)  [A qualifying patient revokes the designation of the alternative treatment center; or

(c)]  A qualifying patient [who has designated the alternative treatment center] loses his or her status as a qualifying patient under this chapter.

28  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, IX(a) to read as follows:

IX.(a)  A qualifying patient shall notify the department before changing his or her designated caregiver [or alternative treatment center].

29  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, XI(a) to read as follows:

XI.(a)  The department shall create and maintain a confidential registry of each individual who has applied for and received a registry identification card as a qualifying patient or a designated caregiver in accordance with the provisions of this chapter.  Each entry in the registry shall contain the qualifying patient's or designated caregiver's name, mailing address, date of birth, date of registry identification card issuance, effective date of registry identification, date of registry identification card expiration, and random 10-digit identification number[, and registry identification number of the qualifying patient's designated alternative treatment center, if any].  The confidential registry and the information contained in it shall be exempt from disclosure under RSA 91-A.

30  Use of Cannabis for Therapeutic Purposes; Registry Identification Cards.  Amend RSA 126-X:4, XI(b)(5) to read as follows:

(5)  Counsel for the department may notify law enforcement officials about falsified or fraudulent information submitted to the department where counsel has [made a legal determination that there is probable cause] reason to believe the information is false or falsified.

31  Use of Cannabis for Therapeutic Purposes; Departmental Rules.  Amend RSA 126-X:6, I(b) to read as follows:

(b)  The form and content of providers' written certifications, including the administrative process for tracking extensions pursuant to RSA 126-X:4, I.

32  Use of Cannabis for Therapeutic Purposes; Alternative Treatment Centers.  Amend RSA 126-X:8, VII(a) to read as follows:

(a)  Records of the disposal of cannabis that is not distributed by the alternative treatment center to qualifying patients [who have designated the alternative treatment center to cultivate for them].

33  Use of Cannabis for Therapeutic Purposes; Alternative Treatment Centers.  Amend RSA 126-X:8, XV(a)-(b) to read as follows:

XV.(a)  An alternative treatment center shall not possess or cultivate cannabis in excess of the following quantities:

(1)  Eighty cannabis plants, 160 seedlings, and 80 ounces of usable cannabis, or 6 ounces of usable cannabis per qualifying patient; and

(2)  Three mature cannabis plants, 12 seedlings, and 6 ounces for each qualifying patient [who has designated the alternative treatment center to provide him or her with cannabis for therapeutic use] registered as a qualifying patient under this chapter.

(b)  An alternative treatment center or alternative treatment center agent shall not dispense, deliver, or otherwise transfer cannabis to any person or entity other than:

(1)  A qualifying patient [who has designated the relevant alternative treatment center]; or

(2)  Such patient's designated caregiver; or

(3)  Another alternative treatment center.

34  Repeal.  The following are repealed:

I.  RSA 126-X:4, I(g), relative to patients designating an alternative treatment center.

II.  RSA 126-X:4, II(e), relative to street address of the alternative treatment center.

III.  RSA 126-X:4, IX(e), relative to failure of a qualifying patient or designated caregiver for providing changes to name, address or designated caregiver.

IV.  RSA 126-X:6, I(e), relative to departmental rules regarding certain fines.

35  New Hampshire Granite Advantage Health Care Trust Fund.  Amend RSA 126-AA;3, I(e)-(f) to read as follows:

(e)  Funds received from the assessment under RSA 404-G; [and]

(f)  Revenue from the Medicaid enhancement tax to meet the requirements provided in RSA 167:64(f); and

(g)  Funds recovered or returnable to the fund that were originally spent on the cost of coverage of the granite advantage health care program.

36  Community Mental Health Programs.  Amend RSA 135-C:7 to read as follows:

135-C:7  Community Mental Health Programs.  Any city, county, town, or nonprofit corporation may establish and administer a community mental health program for the purpose of providing mental health services to individuals and organizations in the area.  Every program shall, at a minimum, provide emergency, medical or psychiatric screening and evaluation, case management, [and] psychotherapy services, housing, and other supports in the continuum of care as necessary to meet the needs of each patient in the state mental health services system.  The department may contract with a community mental health program, pursuant to RSA 135-C:3, for the operation and administration of any services which are part of the state mental health services system, including housing and other supports within the continuum of care.  In the event that the commissioner decides to enter into a contract for the operation and administration of any services which are part of the state mental health services system, the contract shall contain standards designed to measure the performance of the contractor in achieving positive consumer outcomes, maintaining fiscal integrity, and providing quality services.

37  Communicable Disease; Mosquito Control Fund.  Amend RSA 141-C:25, I to read as follows:

I.  There is hereby established a nonlapsing and continually appropriated mosquito control fund to assist cities, towns, and mosquito control districts by providing funding for the purpose of offsetting the cost of mosquito control activities including, but not limited to, the purchase and application of chemical pesticides.  The purpose of the fund is to provide financial assistance, when needed, to cities, towns, and mosquito control districts engaging in mosquito control and abatement activities in response to a declared threat to the public health.  [Any balance remaining in the mosquito control fund at the close of the fiscal year ending June 30, 2009 shall lapse to the general fund.]

38  Sanitary Production and Distribution of Food; Shellfish Certificate Fees.  Amend RSA 143:11, III to read as follows:

III.  There is hereby established in the state treasury the public health services special fund, which shall be kept separate and distinct from all other funds.  The fund shall be nonlapsing and continually appropriated to the department of health and human services.  All fees collected under this subdivision shall be forwarded to the state treasurer[.  The state treasurer] who shall credit all [moneys received under this subdivision,] such moneys and interest received on such money, to [a special] the fund from which [he] the department of health and human services shall pay all the expenses of the department incident to the administration of this subdivision.  [This fund shall not lapse.]

39  Sanitary Production and Distribution of Food; Shellfish Certificate Fees.  Amend RSA 143:22-a to read as follows:

143:22-a  Shellfish Certificate Fees.  The commissioner of the department of health and human services shall prescribe and collect fees for certificates for establishments which process or pack shellfish.  Such fees shall be in accordance with rules adopted under RSA 541-A.  All fees collected under this subdivision shall be forwarded to the state treasurer to be deposited in the [general fund] public health services special fund established in RSA 143:11.  The department of health and human services shall use such funds to pay expenses of the department incident to the administration of this subdivision.

40  Food Service Licensure; Application.  Amend RSA 143-A:6, VI to read as follows:

VI.  From the amounts collected by the commissioner under paragraph V, up to $300,000 each fiscal year may be included in the state biennial operating budget as restricted revenue to support the activities required in this chapter.  The state treasurer shall credit all moneys received under this paragraph, and interest received on such money, to the public health services special fund, established under RSA 143:11, from which the department shall pay expenses incident to the administration of this chapter.

41  Nursing Home Administrators; Patient Accounts.  Amend RSA 151-A:15, I to read as follows:

I.  If within 30 days after the date of a testate or intestate patient's death in any nursing home no petition for probate has been filed under any section of RSA 553 and the gross value of the personal property remaining at the nursing home belonging to the deceased, including any amount left in a patient account, is no more than [$5,000] $10,000, the nursing home administrator shall file in the probate court in the county where the nursing home is located an affidavit for the purpose of disposing of such deceased patient's estate.  The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to RSA 547:33.  The nursing home administrator shall not file a death certificate with the probate court, but shall attest to the death in the affidavit.  If the nursing home patient died testate and if the nursing home administrator has the will or a copy of the will, the nursing home administrator shall file the same in the probate court in the county where the nursing home is located.  The probate court shall waive all filing fees.

42  Applicability.  Section 41 of this act shall apply to affidavits filed on or after the effective date of this section.

43  Repeal.  RSA 151-E:11, II, relative to an annual report on the utilization of non-nursing home services, is repealed.

44  Protective Services to Adults; Reports of Adult Abuse.  Amend the introductory paragraph of RSA 161-F:46 to read as follows:

Any person, including, but not limited to, physicians, other health care professionals, social workers, clergy, and law enforcement officials, suspecting or believing in good faith that any adult who is or who is suspected to be vulnerable, at the time of the incident, has been subjected to abuse, neglect, self-neglect, or exploitation or is, or was living in hazardous conditions shall report or cause a report to be made as follows:

45  Repeal.  The following are repealed:

I.  RSA 161-F:64, relative to an annual report on review of homemaker services.

II.  RSA 161-I:4, IV, relative to reports regarding the home and community-based care waiver for the elderly and chronically ill.

III.  RSA 165:20-c, relative to liability for support and reimbursement from the state.

IV.  RSA 165:35, relative to rulemaking for forms and claims for reimbursement from the state.

V.  RSA 167:3-j, III, relative to semi-annual reports on net savings realized for aid to the permanently and totally disabled grants.

46  Aid to Assisted Persons; Expense of General Assistance.  Amend RSA 165:2-a to read as follows:

165:2-a  Expense of General Assistance.  The financial responsibility for general assistance for assisted persons shall be the responsibility of the town or city in which the person making application resides, except as otherwise provided in RSA 165:1-c [and 165:20-c].

47  Public Assistance; Financial Disclosure by Applicants and Recipients.  Amend RSA 167:4-a, VI to read as follows:

VI.  The department, in coordination with financial institutions doing business in the state, may develop and operate a data match system, using automated data exchanges to the maximum extent feasible, in which each financial institution is required to provide, when requested by the department and subject to reasonable reimbursement as set forth in Public Law 110-252, up to 5 years of information regarding the name, record address, social security number or other taxpayer identification number, monthly account balance, and other identifying information for each applicant or recipient who maintains an account at the financial institution, as identified by the department by name and social security number or other taxpayer identification number.  The system shall be based on a cost-effective search algorithm and shall include means to assure compliance with the provisions of this section.  [The department shall provide a status report regarding the implementation of the data match system to the oversight committee on health and human services, established in RSA 126-A:13, on or before November 1, 2010, and annually thereafter, until implementation has been fully completed.  The report shall summarize the department's findings and recommendations to date, including savings generated by both incremental asset identification and the time and labor associated with the process, the feedback and reactions of applicants and recipients, any barriers to implementation, anticipated future actions, and the department's assessment of the relative success of the project.]

48  Public Assistance; Unauthorized Payments.  Amend RSA 167:17-a is repealed and reenacted to read as follows:

167:17-a  Unauthorized Payments; Recovery by State.  Any sums paid to or on behalf of any individual for any public assistance program under the provisions of RSA 167 or RSA 161 as a result of any failure to report collateral resources as described in RSA 167:17, false statement, misrepresentation or concealment of or failure to disclose the receipt of property, wages, income or resources by the individual or by any person legally liable for the individual's support, or with regard to supplemental nutrition assistance program (SNAP) benefits such assistance overpaid without regard to the reason for such overpayment including, but not limited to, errors committed by the department of health and human services, its employees, agents or contractors, may be recovered through administrative or judicial process, in an action brought by the state or the commissioner of the department of health and human services or his or her designee against such individual.  This recovery shall be limited by the provisions of RSA 161:10.  The commissioner of the department of health and human services shall recover any unauthorized payments by reasonably adjusting current and future grant amounts received by the individual violating the provisions of this section, or through the return of the overpayment through repayment to the department.  A person who knowingly, and with malfeasance, assists a recipient or other person in obtaining an overpayment is jointly and severally liable for the overpayment.

49  New Section; Child Protection Act; Investigatory Interviews and Evaluations.  Amend RSA 169-C by inserting after section 12-f the following new section:

169-C:12-g  Investigatory Interviews and Evaluations.  The court may order a parent, guardian, custodian, or other caregiver to produce a child for the purpose of an investigatory interview, including a multidisciplinary team interview in accordance with RSA 169-C:34-a or an interview or evaluation by any other expert necessary for the purpose of the investigation of suspected abuse or neglect.

50  Child Protection Act; Central Registry.  Amend RSA 169-C:35, II to read as follows:

II.  Upon receipt by the department of a written request and verified proof of identity, an individual shall be informed by the department whether that individual's name is listed in the founded reports maintained in the central registry.  It shall be unlawful for any employer other than those providing services pursuant to RSA 169-B, RSA 169-C, RSA 169-D, and RSA 135-C, and those specified in RSA 170-E [and], RSA 170-G:8-c, and RSA 171-A to require as a condition of employment that the employee submit his or her name for review against the central registry of founded reports of abuse and neglect.  Any violation of this provision shall be punishable as a violation.

51  Interstate Compact for the Placement of Children.  RSA 170-A is repealed and reenacted to read as follows:

CHAPTER 170-A

INTERSTATE COMPACT

FOR THE PLACEMENT OF CHILDREN

170-A:1 Interstate Compact for the Placement of Children.  On the effective date of this chapter, based upon the enactment of the Interstate Compact for the Placement of Children into law by the thirty-fifth compacting state, the governor is authorized and directed to execute a compact on behalf of this state with any other state or states legally joining therein in the form substantially as follows:

ARTICLE I

Purpose

The purpose of this Interstate Compact for the Placement of Children is to:

I.  Provide a process through which children subject to this compact are placed in safe and suitable homes in a timely manner.

II.  Facilitate ongoing supervision of a placement, the delivery of services, and communication between the states.

III.  Provide operating procedures that will ensure that children are placed in safe and suitable homes in a timely manner.

IV.  Provide for the promulgation and enforcement of administrative rules implementing the provisions of this compact and regulating the covered activities of the member states.

V.  Provide for uniform data collection and information sharing between member states under this compact.

VI.  Promote coordination between this compact, the Interstate Compact for Juveniles, the Interstate Compact on Adoption and Medical Assistance, and other compacts affecting the placement of and which provide services to children otherwise subject to this compact.

VII.  Provide for a state’s continuing legal jurisdiction and responsibility for placement and care of a child that it would have had if the placement were intrastate.

VIII.  Provide for the promulgation of guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children as is or may be permitted by federal law.

ARTICLE II

Definitions

As used in this compact:

I.  “Approved placement” means the public child-placing agency in the receiving state has determined that the placement is both safe and suitable for the child.

II.  “Assessment” means an evaluation of a prospective placement by a public child-placing agency in the receiving state to determine if the placement meets the individualized needs of the child, including, but not limited to, the child’s safety and stability, health and well-being, and mental, emotional, and physical development.  An assessment is only applicable to a placement by a public child-placing agency.

III.  “Child” means an individual who has not attained the age of 18.

IV.  “Certification” means to attest, declare, or swear to before a judge or notary public.

V.  “Default” means the failure of a member state to perform the obligations or responsibilities imposed upon it by this compact or the bylaws or rules of the Interstate Commission.

VI.  “Home study” means an evaluation of a home environment conducted in accordance with the applicable requirements of the state in which the home is located and that documents the preparation and the suitability of the placement resource for placement of a child in accordance with the laws and requirements of the state in which the home is located.

VII.  “Indian tribe” means any Indian tribe, band, nation, or other organized group or community of Indians recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaskan native village as defined in section 3(c) of the Alaska Native Claims Settlement Act, 43 U.S.C. section 1602(c).

VIII.  “Interstate Commission for the Placement of Children” means the commission that is created under Article VIII of this compact and which is generally referred to as the “Interstate Commission.”

IX.  “Jurisdiction” means the power and authority of a court to hear and decide matters.

X.  “Legal risk placement” or “legal risk adoption” means a placement made preliminary to an adoption where the prospective adoptive parents acknowledge in writing that a child can be ordered returned to the sending state or the birth mother’s state of residence, if different from the sending state, and a final decree of adoption shall not be entered in any jurisdiction until all required consents are obtained or are dispensed with in accordance with applicable law.

XI.  “Member state” means a state that has enacted this compact.

XII.  “Noncustodial parent” means a person who, at the time of the commencement of court proceedings in the sending state, does not have sole legal custody of the child or has joint legal custody of a child, and who is not the subject of allegations or findings of child abuse or neglect.

XIII.  “Nonmember state” means a state which has not enacted this compact.

XIV.  “Notice of residential placement” means information regarding a placement into a residential facility provided to the receiving state, including, but not limited to, the name, date, and place of birth of the child, the identity and address of the parent or legal guardian, evidence of authority to make the placement, and the name and address of the facility in which the child will be placed.  Notice of residential placement shall also include information regarding a discharge and any unauthorized absence from the facility.

XV.  “Placement” means the act by a public or private child-placing agency intended to arrange for the care or custody of a child in another state.

XVI.  “Private child-placing agency” means any private corporation, agency, foundation, institution, or charitable organization, or any private person or attorney, that facilitates, causes, or is involved in the placement of a child from one state to another and that is not an instrumentality of the state or acting under color of state law.

XVII.  “Provisional placement” means a determination made by the public child-placing agency in the receiving state that the proposed placement is safe and suitable, and, to the extent allowable, the receiving state has temporarily waived its standards or requirements otherwise applicable to prospective foster or adoptive parents so as to not delay the placement.  Completion of the receiving state requirements regarding training for prospective foster or adoptive parents shall not delay an otherwise safe and suitable placement.

XVIII.  “Public child-placing agency” means any government child welfare agency or child protection agency or a private entity under contract with such an agency, regardless of whether the entity acts on behalf of a state, a county, a municipality, or another governmental unit, and which facilitates, causes, or is involved in the placement of a child from one state to another.

XIX.  “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought.

XX.  “Relative” means someone who is related to the child as a parent, stepparent, sibling by half or whole blood or by adoption, grandparent, aunt, uncle, or first cousin or a nonrelative with such significant ties to the child that the nonrelative may be regarded as a relative as determined by the court in the sending state.

XXI.  “Residential facility” means a facility providing a level of care that is sufficient to substitute for parental responsibility or foster care and that is beyond what is needed for assessment or treatment of an acute condition.  For purposes of the compact, the term “residential facility” does not include institutions primarily educational in character, hospitals, or other medical facilities.

XXII.  “Rule” means a written directive, mandate, standard, or principle issued by the Interstate Commission promulgated pursuant to Article XI of this compact that is of general applicability and that implements, interprets, or prescribes a policy or provision of the compact.  A rule has the force and effect of an administrative rule in a member state and includes the amendment, repeal, or suspension of an existing rule.

XXIII.  “Sending state” means the state from which the placement of a child is initiated.

XXIV.  “Service member’s permanent duty station” means the military installation where an active duty United States Armed Services member is currently assigned and is physically located under competent orders that do not specify the duty as temporary.

XXV.  “Service member’s state of legal residence” means the state in which the active duty United States Armed Services member is considered a resident for tax and voting purposes.

XXVI.  “State” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory of the United States.

XXVII.  “State court” means a judicial body of a state that is vested by law with responsibility for adjudicating cases involving abuse, neglect, deprivation, delinquency, or status offenses of individuals who have not attained the age of 18.

XXVIII.  “Supervision” means monitoring provided by the receiving state once a child has been placed in a receiving state pursuant to this compact.

ARTICLE III

Applicability

I.  Except as otherwise provided in paragraph II, this compact shall apply to:

(a)  The interstate placement of a child subject to ongoing court jurisdiction in the sending state, due to allegations or findings that the child has been abused, neglected, or deprived as defined by the laws of the sending state; provided, however, that the placement of such a child into a residential facility shall only require notice of residential placement to the receiving state prior to placement.

(b)  The interstate placement of a child adjudicated delinquent or unmanageable based on the laws of the sending state and subject to ongoing court jurisdiction of the sending state if:

(1)  The child is being placed in a residential facility in another member state and is not covered under another compact; or

(2)  The child is being placed in another member state and the determination of safety and suitability of the placement and services required is not provided through another compact.

(c)  The interstate placement of any child by a public child-placing agency or private child-placing agency as a preliminary step to a possible adoption.

II.  The provisions of this compact shall not apply to:

(a)  The interstate placement of a child in a custody proceeding in which a public child-placing agency is not a party; provided, however, that the placement is not intended to effectuate an adoption.

(b)  The interstate placement of a child with a nonrelative in a receiving state by a parent with the legal authority to make such a placement; provided, however, that the placement is not intended to effectuate an adoption.

(c)  The interstate placement of a child by one relative with the lawful authority to make such a placement directly with a relative in a receiving state.

(d)  The placement of a child, not subject to paragraph I, into a residential facility by his or her parent.

(e)  The placement of a child with a noncustodial parent, provided that:

(1)  The noncustodial parent proves to the satisfaction of a court in the sending state a substantial relationship with the child;

(2)  The court in the sending state makes a written finding that placement with the noncustodial parent is in the best interests of the child; and

(3)  The court in the sending state dismisses its jurisdiction in interstate placements in which the public child-placing agency is a party to the proceeding.

(f)  A child entering the United States from a foreign country for the purpose of adoption or leaving the United States to go to a foreign country for the purpose of adoption in that country.

(g)  Cases in which a child who is a United States citizen living overseas with his or her family, at least one of whom is in the United States Armed Services and stationed overseas, is removed and placed in a state.

(h)  The sending of a child by a public child-placing agency or a private child-placing agency for a visit as defined by the rules of the Interstate Commission.

III.  For purposes of determining the applicability of this compact to the placement of a child with a family member in the United States Armed Services, the public child-placing agency or private child-placing agency may choose the state of the service member’s permanent duty station or the service member’s declared legal residence.

IV.  Nothing in this compact shall be construed to prohibit the concurrent application of the provisions of this compact with other applicable interstate compacts, including the Interstate Compact for Juveniles and the Interstate Compact on Adoption and Medical Assistance.  The Interstate Commission may, in cooperation with other interstate compact commissions having responsibility for the interstate movement, placement, or transfer of children, promulgate similar rules to ensure the coordination of services, timely placement of children, and reduction of unnecessary or duplicative administrative or procedural requirements.

ARTICLE IV

Jurisdiction

I.  Except as provided in Article IV, paragraph VIII, and Article V, subparagraph II(b) and (c), concerning private and independent adoptions, and in interstate placements in which the public child-placing agency is not a party to a custody proceeding, the sending state shall retain jurisdiction over a child with respect to all matters of custody and disposition of the child which it would have had if the child had remained in the sending state.  Such jurisdiction shall also include the power to order the return of the child to the sending state.

II.  When an issue of child protection or custody is brought before a court in the receiving state, such court shall confer with the court of the sending state to determine the most appropriate forum for adjudication.

III.  In cases that are before courts and subject to this compact, the taking of testimony for hearings before any judicial officer may occur in person or by telephone, audio-video conference, or such other means as approved by the rules of the Interstate Commission, and judicial officers may communicate with other judicial officers and persons involved in the interstate process as may be permitted by their code of judicial conduct and any rules promulgated by the Interstate Commission.

IV.  In accordance with its own laws, the court in the sending state shall have authority to terminate its jurisdiction if:

(a)  The child is reunified with the parent in the receiving state who is the subject of allegations or findings of abuse or neglect, only with the concurrence of the public child-placing agency in the receiving state;

(b)  The child is adopted;

(c)  The child reaches the age of majority under the laws of the sending state;

(d)  The child achieves legal independence pursuant to the laws of the sending state;

(e)  A guardianship is created by a court in the receiving state with the concurrence of the court in the sending state;

(f)  An Indian tribe has petitioned for and received jurisdiction from the court in the sending state; or

(g)  The public child-placing agency of the sending state requests termination and has obtained the concurrence of the public child-placing agency in the receiving state.

V.  When a sending state court terminates its jurisdiction, the receiving state child-placing agency shall be notified.

VI.  Nothing in this article shall defeat a claim of jurisdiction by a receiving state court sufficient to deal with an act of truancy, delinquency, crime, or behavior involving a child as defined by the laws of the receiving state committed by the child in the receiving state which would be a violation of its laws.

VII.  Nothing in this article shall limit the receiving state’s ability to take emergency jurisdiction for the protection of the child.

VIII.  The substantive laws of the state in which an adoption will be finalized shall solely govern all issues relating to the adoption of the child, and the court in which the adoption proceeding is filed shall have subject matter jurisdiction regarding all substantive issues relating to the adoption, except:

(a)  When the child is a ward of another court that established jurisdiction over the child prior to the placement;

(b)  When the child is in the legal custody of a public agency in the sending state; or

(c)  When a court in the sending state has otherwise appropriately assumed jurisdiction over the child prior to the submission of the request for approval of placement.

IX.  A final decree of adoption shall not be entered in any jurisdiction until the placement is authorized as an “approved placement” by the public child-placing agency in the receiving state.

ARTICLE V

Placement Evaluation

I.  Prior to sending, bringing, or causing a child to be sent or brought into a receiving state, the public child-placing agency shall provide a written request for assessment to the receiving state.

II.  For placements by a private child-placing agency, a child may be sent or brought, or caused to be sent or brought, into a receiving state upon receipt and immediate review of the required content in a request for approval of a placement in both the sending and receiving state public child-placing agencies.  The required content to accompany a request for approval shall include all of the following:

(a)  A request for approval identifying the child, the birth parents, the prospective adoptive parents, and the supervising agency, signed by the person requesting approval.

(b)  The appropriate consents or relinquishments signed by the birth parents in accordance with the laws of the sending state or, where permitted, the laws of the state where the adoption will be finalized.

(c)  Certification by a licensed attorney or authorized agent of a private adoption agency that the consent or relinquishment is in compliance with the applicable laws of the sending state or, where permitted, the laws of the state where finalization of the adoption will occur.

(d)  A home study.

(e)  An acknowledgment of legal risk signed by the prospective adoptive parents.

III.  The sending state and the receiving state may request additional information or documents prior to finalization of an approved placement, but they may not delay travel by the prospective adoptive parents with the child if the required content for approval has been submitted, received, and reviewed by the public child-placing agency in both the sending state and the receiving state.

IV.  Approval from the public child-placing agency in the receiving state for a provisional or approved placement is required as provided for in the rules of the Interstate Commission.

V.  The procedures for making the request for an assessment shall contain all information and be in such form as provided for in the rules of the Interstate Commission.

VI.  Upon receipt of a request from the public child-placing agency of the sending state, the receiving state shall initiate an assessment of the proposed placement to determine its safety and suitability.  If the proposed placement is a placement with a relative, the public child-placing agency of the sending state may request a determination for a provisional placement.

VII.  The public child-placing agency in the receiving state may request from the public child-placing agency or the private child-placing agency in the sending state, and shall be entitled to receive, supporting or additional information necessary to complete the assessment or approve the placement.

VIII.  The public child-placing agency in the receiving state shall approve a provisional placement and complete or arrange for the completion of the assessment within the timeframes established by the rules of the Interstate Commission.

IX.  For a placement by a private child-placing agency, the sending state shall not impose any additional requirements to complete the home study that are not required by the receiving state, unless the adoption is finalized in the sending state.

X.  The Interstate Commission may develop uniform standards for the assessment of the safety and suitability of interstate placements.

ARTICLE VI

Placement Authority

I.  Except as otherwise provided in this compact, no child subject to this compact shall be placed in a receiving state until approval for such placement is obtained.

II.  If the public child-placing agency in the receiving state does not approve the proposed placement, then the child shall not be placed.  The receiving state shall provide written documentation of any such determination in accordance with the rules promulgated by the Interstate Commission.  Such determination is not subject to judicial review in the sending state.

III.  If the proposed placement is not approved, any interested party shall have standing to seek an administrative review of the receiving state’s determination.

(a)  The administrative review and any further judicial review associated with the determination shall be conducted in the receiving state pursuant to its applicable administrative procedures act.

(b)  If a determination not to approve the placement of the child in the receiving state is overturned upon review, the placement shall be deemed approved; provided, however, that all administrative or judicial remedies have been exhausted or the time for such remedies has passed.

ARTICLE VII

Placing Agency Responsibility

I.  For the interstate placement of a child made by a public child-placing agency or state court:

(a)  The public child-placing agency in the sending state shall have financial responsibility for:

(1)  The ongoing support and maintenance for the child during the period of the placement, unless otherwise provided for in the receiving state; and

(2)  As determined by the public child-placing agency in the sending state, services for the child beyond the public services for which the child is eligible in the receiving state.

(b)  The receiving state shall only have financial responsibility for:

(1)  Any assessment conducted by the receiving state; and

(2)  Supervision conducted by the receiving state at the level necessary to support the placement as agreed upon by the public child-placing agencies of the receiving and sending states.

(c)  Nothing in this section shall prohibit public child-placing agencies in the sending state from entering into agreements with licensed agencies or persons in the receiving state to conduct assessments and provide supervision.

II.  For the placement of a child by a private child-placing agency preliminary to a possible adoption, the private child-placing agency shall be:

(a)  Legally responsible for the child during the period of placement as provided for in the law of the sending state until the finalization of the adoption.

(b)  Financially responsible for the child absent a contractual agreement to the contrary.

III.  The public child-placing agency in the receiving state shall provide timely assessments, as provided for in the rules of the Interstate Commission.

IV.  The public child-placing agency in the receiving state shall provide, or arrange for the provision of, supervision and services for the child, including timely reports, during the period of the placement.

V.  Nothing in this compact shall be construed to limit the authority of the public child-placing agency in the receiving state from contracting with a licensed agency or person in the receiving state for an assessment or the provision of supervision or services for the child or otherwise authorizing the provision of supervision or services by a licensed agency during the period of placement.

VI.  Each member state shall provide for coordination among its branches of government concerning the state’s participation in and compliance with the compact and Interstate Commission activities through the creation of an advisory council or use of an existing body or board.

VII.  Each member state shall establish a central state compact office which shall be responsible for state compliance with the compact and the rules of the Interstate Commission.

VIII.  The public child-placing agency in the sending state shall oversee compliance with the provisions of the Indian Child Welfare Act, 25 U.S.C. section 1901 et seq., for placements subject to the provisions of this compact, prior to placement.

IX.  With the consent of the Interstate Commission, states may enter into limited agreements that facilitate the timely assessment and provision of services and supervision of placements under this compact.

ARTICLE VIII

Interstate Commission for the Placement of Children

The member states hereby establish, by way of this compact, a commission known as the “Interstate Commission for the Placement of Children.”  The activities of the Interstate Commission are the formation of public policy and are a discretionary state function.  The Interstate Commission shall:

I.  Be a joint commission of the member states and shall have the responsibilities, powers, and duties set forth herein and such additional powers as may be conferred upon it by subsequent concurrent action of the respective legislatures of the member states.

II.  Consist of one commissioner from each member state who shall be appointed by the executive head of the state human services administration with ultimate responsibility for the child welfare program.  The appointed commissioner shall have the legal authority to vote on policy-related matters governed by this compact binding the state.

(a)  Each member state represented at a meeting of the Interstate Commission is entitled to one vote.

(b)  A majority of the member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

(c)  A representative shall not delegate a vote to another member state.

(d)  A representative may delegate voting authority to another person from that state for a specified meeting.

III.  Include, in addition to the commissioners of each member state, persons who are members of interested organizations as defined in the bylaws or rules of the Interstate Commission.  Such members shall be ex officio and shall not be entitled to vote on any matter before the Interstate Commission.

IV.  Establish an executive committee which shall have the authority to administer the day-to-day operations and administration of the Interstate Commission.  The executive committee shall not have the power to engage in rulemaking.

ARTICLE IX

Powers and Duties of the Interstate Commission

The Interstate Commission shall have the following powers:

I.  To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact.

II.  To provide for dispute resolution among member states.

III.  To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, or actions.

IV.  To enforce compliance with this compact or the bylaws or rules of the Interstate Commission pursuant to Article XII.

V.  Collect standardized data concerning the interstate placement of children subject to this compact as directed through its rules, which shall specify the data to be collected, the means of collection and data exchange, and reporting requirements.

VI.  To establish and maintain offices as may be necessary for the transacting of its business.

VII.  To purchase and maintain insurance and bonds.

VIII.  To hire or contract for services of personnel or consultants as necessary to carry out its functions under the compact and establish personnel qualification policies and rates of compensation.

IX.  To establish and appoint committees and officers, including, but not limited to, an executive committee as required by Article X.

X.  To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose thereof.

XI.  To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed.

XII.  To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

XIII.  To establish a budget and make expenditures.

XIV.  To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

XV.  To report annually to the legislatures, the governors, the judiciary, and the state advisory councils of the member states concerning the activities of the Interstate Commission during the preceding year.  Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

XVI.  To coordinate and provide education, training, and public awareness regarding the interstate movement of children for officials involved in such activity.

XVII.  To maintain books and records in accordance with the bylaws of the Interstate Commission.

XVIII.  To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

ARTICLE X

Organization and Operation of the Interstate Commission

I.  Organization.

(a)  Within 12 months after the first Interstate Commission meeting, the Interstate Commission shall adopt rules to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact.

(b)  The Interstate Commission’s rules shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying.

II.  Meetings.

(a)  The Interstate Commission shall meet at least once each calendar year.  The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings.

(b)  Public notice shall be given by the Interstate Commission of all meetings, and all meetings shall be open to the public.

(c)  The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or other electronic communication.

III.  Officers and staff.

(a)  The Interstate Commission may, through its executive committee, appoint or retain a staff director for such period, upon such terms and conditions, and for such compensation as the Interstate Commission may deem appropriate.  The staff director shall serve as secretary to the Interstate Commission but shall not have a vote.  The staff director may hire and supervise such other staff as may be authorized by the Interstate Commission.

(b)  The Interstate Commission shall elect, from among its members, a chairperson and a vice chairperson of the executive committee, and other necessary officers, each of whom shall have such authority and duties as may be specified in the bylaws.

IV.  Qualified immunity, defense, and indemnification.

(a)  The Interstate Commission’s staff director and its employees shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred or that such person had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, however, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.

(b)(1)  The liability of the Interstate Commission’s staff director and employees or Interstate Commission representatives, acting within the scope of such person’s employment or duties, for acts, errors, or omissions occurring within such person’s state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents.  The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action.  Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by a criminal act or the intentional or willful and wanton misconduct of such person.

(2)  The Interstate Commission shall defend the staff director and its employees and, subject to the approval of the attorney general or other appropriate legal counsel of the member state, shall defend the commissioner of a member state in a civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, however, that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(3)  To the extent not covered by the state involved, a member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities; provided, however, that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE XI

Rulemaking Functions of the Interstate Commission

I.  The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

II.  Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto.  Such rulemaking shall substantially conform to the principles of the “Model State Administrative Procedures Act,” 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000), or such other administrative procedure acts as the Interstate Commission deems appropriate, consistent with due process requirements under the United States Constitution as now or hereafter interpreted by the United States Supreme Court.  All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the Interstate Commission.

III.  When promulgating a rule, the Interstate Commission shall, at a minimum:

(a)  Publish the proposed rule’s entire text stating the reasons for that proposed rule;

(b)  Allow and invite any and all persons to submit written data, facts, opinions, and arguments, which information shall be added to the record and made publicly available; and

(c)  Promulgate a final rule and its effective date, if appropriate, based on input from state or local officials or interested parties.

IV.  Rules promulgated by the Interstate Commission shall have the force and effect of administrative rules and shall be binding in the compacting states to the extent and in the manner provided for in this compact.

V.  Not later than 60 days after a rule is promulgated, an interested person may file a petition in the United States District Court for the District of Columbia or in the federal district court where the Interstate Commission’s principal office is located for judicial review of such rule.  If the court finds that the Interstate Commission’s action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.

VI.  If a majority of the legislatures of the member states rejects a rule, those states may by enactment of a statute or resolution in the same manner used to adopt the compact cause that such rule shall have no further force and effect in any member state.

VII.  The existing rules governing the operation of the Interstate Compact on the Placement of Children superseded by this act shall be null and void no less than 12 months but no more than 24 months after the first meeting of the Interstate Commission created hereunder, as determined by the members during the first meeting.

VIII.  Within the first 12 months of operation, the Interstate Commission shall promulgate rules addressing the following:

(a)  Transition rules.

(b)  Forms and procedures.

(c)  Timelines.

(d)  Data collection and reporting.

(e)  Rulemaking.

(f)  Visitation.

(g)  Progress reports and supervision.

(h)  Sharing of information and confidentiality.

(i)  Financing of the Interstate Commission.

(j)  Mediation, arbitration, and dispute resolution.

(k)  Education, training, and technical assistance.

(l)  Enforcement.

(m)  Coordination with other interstate compacts.

IX.  Upon determination by a majority of the members of the Interstate Commission that an emergency exists:

(a)  The Interstate Commission may promulgate an emergency rule only if it is required to:

(1)  Protect the children covered by this compact from an imminent threat to their health, safety, and well-being;

(2)  Prevent loss of federal or state funds; or

(3)  Meet a deadline for the promulgation of an administrative rule required by federal law.

(b)  An emergency rule shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to the emergency rule as soon as reasonably possible, but no later than 90 days after the effective date of the emergency rule.

(c)  An emergency rule shall be promulgated as provided for in the rules of the Interstate Commission.

ARTICLE XII

Oversight, Dispute Resolution, and Enforcement

I.  Oversight.

(a)  The Interstate Commission shall oversee the administration and operation of the compact.

(b)  The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and the rules of the Interstate Commission and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent.  The compact and its rules shall be binding in the compacting states to the extent and in the manner provided for in this compact.

(c)  All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact.

(d)  The Interstate Commission shall be entitled to receive service of process in any action in which the validity of a compact provision or rule is the issue for which a judicial determination has been sought and shall have standing to intervene in any proceedings.  Failure to provide service of process to the Interstate Commission shall render any judgment, order, or other determination, however so captioned or classified, void as to this compact, its bylaws, or rules of the Interstate Commission.

II.  Dispute resolution.

(a)  The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states.

(b)  The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among compacting states.  The costs of such mediation or dispute resolution shall be the responsibility of the parties to the dispute.

III.  Enforcement.  If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, its bylaws, or rules of the Interstate Commission, the Interstate Commission may:

(a)  Provide remedial training and specific technical assistance;

(b)  Provide written notice to the defaulting state and other member states of the nature of the default and the means of curing the default.  The Interstate Commission shall specify the conditions by which the defaulting state must cure its default;

(c)  By majority vote of the members, initiate against a defaulting member state legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal office, to enforce compliance with the provisions of the compact, its bylaws, or rules of the Interstate Commission.  The relief sought may include both injunctive relief and damages.  In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees; or

(d)  Avail itself of any other remedies available under state law or the regulation of official or professional conduct.

ARTICLE XIII

Financing of the Commission

I.  The Interstate Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

II.  The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved by its members each year.  The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states.

III.  The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet those obligations, nor shall the Interstate Commission pledge the credit of any of the member states, except by and with the authority of the member state.

IV.  The Interstate Commission shall keep accurate accounts of all receipts and disbursements.  The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws.  However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE XIV

Member States, Effective Date, and Amendment

I.  Any state is eligible to become a member state.

II.  The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 states.  The effective date shall be the later of July 1, 2007, or upon enactment of the compact into law by the thirty-fifth state.  Thereafter, it shall become effective and binding as to any other member state upon enactment of the compact into law by that state.  The executive heads of the state human services administration with ultimate responsibility for the child welfare program of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states.

III.  The Interstate Commission may propose amendments to the compact for enactment by the member states.  No amendment shall become effective and binding on the member states unless and until it is enacted into law by unanimous consent of the member states.

ARTICLE XV

Withdrawal and Dissolution

I.  Withdrawal.

(a)  Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.

(b)  Withdrawal from this compact shall be by the enactment of a statute repealing the compact.  The effective date of withdrawal shall be the effective date of the repeal of the statute.

(c)  The withdrawing state shall immediately notify the president of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.  The Interstate Commission shall then notify the other member states of the withdrawing state’s intent to withdraw.

(d)  The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal.

(e)  Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the members of the Interstate Commission.

II.  Dissolution of compact.

(a)  This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state.

(b)  Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XVI

Severability and Construction

I.  The provisions of this compact shall be severable, and, if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

II.  The provisions of this compact shall be liberally construed to effectuate its purposes.

III.  Nothing in this compact shall be construed to prohibit the concurrent applicability of other interstate compacts to which the states are members.

ARTICLE XVII

Binding Effect of Compact and Other Laws

I.  Other laws.  Nothing in this compact prevents the enforcement of any other law of a member state that is not inconsistent with this compact.

II.  Binding effect of the compact.

(a)  All lawful actions of the Interstate Commission are binding upon the member states.

(b)  All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

(c)  In the event any provision of this compact exceeds the constitutional limits imposed on the legislature or executive branch of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.

ARTICLE XVIII

Indian Tribes

Notwithstanding any other provision in this compact, the Interstate Commission may promulgate guidelines to permit Indian tribes to utilize the compact to achieve any or all of the purposes of the compact as specified in Article I.  The Interstate Commission shall make reasonable efforts to consult with Indian tribes in promulgating guidelines to reflect the diverse circumstances of the various Indian tribes.

52  Adoption; Assessment.  Amend RSA 170-B:18, IV to read as follows:

IV.  The department or a licensed child-placing agency making the required assessment may request other departments or licensed child-placing agencies within or outside this state to make the assessment or designated portions thereof as may be appropriate.  Where such written assessments are made, a written report shall be filed with the court; provided, however, said report shall not violate RSA 170-A, the interstate compact [on] for the placement of children.

53  Applicability  Sections 51-52 of this act, relative to the 2009 edition of the Interstate Compact for the Placement of Children, shall take effect on the date that the commissioner of the department of health and human services certifies to the director of the office of legislative services and the secretary of state that 35 compacting states, including New Hampshire, have enacted the 2009 edition of the Interstate Compact for the Placement of Children.

54  Child Day Care Licensing; Definitions  RSA 170-E:2, IV(g) is repealed and reenacted to read as follows:

(g)  "School-age program" means a child day care agency providing child day care before or after, or before and after, regular school hours, and all day any time school is not in session, for 6 or more children enrolled in school, who are 4 years and 11 months of age or older, and which is not licensed under RSA 170-E:56.  The number of children shall include all children present during the period of the program, including those children related to the caregiver.

55  New Section; Residential Care and Child-Placing Agency Licensing; Deemed Licensed.   Amend RSA 170-E by inserting after section 31 the following new section:

170-E:31-a  Deemed Licensed.  Any qualified residential treatment program accredited by organizations as specified in Title 42 of the Social Security Act, 42 U.S.C. section 672(k)(4)(G), as amended, shall submit a completed license application or renewal application.  Such child care institutions and child care agencies defined as group homes, specialized care, or homeless youth programs, shall be deemed licensed under this subdivision and shall be exempt from inspections carried out under RSA 170-E:31, IV.  This section shall only apply to the activities or portions of the facility or agency accredited under Title 42 of the Social Security Act, 42 U.S.C. section 672(k)(4)(G), as amended.

56  Recreation Camp Licensing; Availability of Epinephrine Auto-Injector.  Amend RSA 170-E:61 to read as follows:

170-E:61  Availability of Epinephrine Auto-Injector.  The recreational camp nurse or, if a nurse is not assigned to the camp, the recreational camp administrator shall maintain for the use of a child with severe allergies at least one epinephrine auto-injector, provided by the child or the child's parent or guardian, [in the nurse's office or in a similarly accessible location] which shall be immediately accessible to the recreational camp staff caring for children requiring such medications.

57  New Section; Recreation Camp Licensing; Availability of Asthma Inhalers.  Amend RSA 170-E by inserting after section 63 the following new section:

170-E:63-a  Availability of Asthma Inhalers.  The recreational camp nurse or, if a nurse is not assigned to the camp, the recreational camp administrator shall maintain for the use of a child with asthma at least one metered dose inhaler or a dry powder inhaler, provided by the child or the child's parent or guardian, which shall be immediately accessible to the recreational camp staff caring for children requiring such medications.

58  New Paragraph; Services for Children, Youth, and Families; Peer Support Program.  Amend RSA 170-G:3 by inserting after paragraph VII the following new paragraph:

VIII.  The commissioner may establish a confidential peer support program for the purpose of providing critical incident stress management and crisis intervention services for staff exposed to critical incidents and trauma through the course of their employment.  

(a)  In this section:

(1)  "Critical incident" means any incident that has a high emotional impact on the responders, or is beyond the realm of a person's usual experience that overwhelms his or her sense of vulnerability and/or lack of control over the situation.

(2)  "Critical incident stress" means a normal reaction to an abnormal event that has the potential to interfere with normal functioning and that results from the response to a critical incident or long-term occupational exposure to a series of critical incident responses over a period of time that are believed to be causing debilitating stress that is affecting an emergency service provider and his or her work performance or family situation.  This may include, but is not limited to, physical and emotional illness, failure of usual coping mechanisms, loss of interest in the job, personality changes, or loss of ability to function.

(3)  "Critical incident stress management" means a process of crisis intervention designed to assist employees in coping with the psychological trauma resulting from response to a critical incident.

(4)  "Critical incident stress management and crisis intervention services" means consultation, counseling, debriefing, defusing, intervention services, management, prevention, and referral provided by a critical incident stress management team member.

(5)  "Critical incident stress management team" or "team" means the group of one or more trained volunteers, including members of peer support groups who offer critical incident stress management and crisis intervention services following a critical incident or long term or continued, debilitating stress being experienced by employees and affecting them or their family situation.

(6)  "Critical incident stress management team member" or "team member" means an employee, including any specially trained to provide critical incident stress management and crisis intervention services as a member of an organized team.

(7)  “Debriefing” means a closed, confidential discussion of a critical incident relating to the feelings and perceptions of those directly involved prior to, during, and after a stressful event.  It is intended to provide support, education, and an outlet for associated views and feelings.  Debriefings do not provide counseling or an operational critique of the incident.

(b)(1)  Any information divulged to the team or a team member during the provision of critical incident stress management and crisis intervention services shall be kept confidential and shall not be disclosed to a third party or in a criminal, civil, or administrative proceeding.  Records kept by critical incident stress management team members are not subject to subpoena, discovery, or introduction into evidence in a criminal, civil, or administrative action.  Except as provided in subparagraph (c), no person, whether critical incident stress management team member or team leader providing or receiving critical incident stress management and crisis intervention services, shall be required to testify or divulge any information obtained solely through such crisis intervention.

(2)  In any civil action against any individual, or the department, including the state of New Hampshire, arising out of the conduct of a member of such team, this section is not intended and shall not be admissible to establish negligence in any instance where requirements herein are higher than the standard of care that would otherwise have been applicable in such action under state law.

(c)  A communication shall not be deemed confidential pursuant to this section if:

(1)  The communication indicates the existence of a danger to the individual who receives critical incident stress management and crisis intervention services or to any other person or persons;

(2)  The communication indicates the existence of past child abuse or neglect of the individual, abuse of an adult as defined by law, or family violence as defined by law; or

(3)  The communication indicates the existence of a danger to the individual who receives critical incident stress management and crisis intervention services or to any other person or persons.

59  New Paragraph; Services for Children, Youth, and Families; Procurement Model for Services.  Amend RSA 170-G:4-d by inserting after paragraph I the following new paragraph:

I-a.  The commissioner shall employ a procurement model for administering the provision of therapeutic-based residential behavioral health treatment services provided pursuant to RSA 170-G and RSA 135-F.  All contracts shall incorporate the use of trauma-focused models of care.  In cases where the unique needs of a juvenile or the capacity of a contracted provider prevent the use of a contracted provider, the commissioner may approve and shall pay for placement with another certified provider on a temporary basis if the commissioner determines that the placement is necessary to meet the juvenile's immediate treatment needs.

60  Repeal.  RSA 170-G:8-b, IV, relative to an annual report of informational materials relating to missing children issues and matters, is repealed.

61  Services for the Developmentally Disabled; Funding for Wait List.  Amend  the introductory paragraph of RSA 171-A:1-a, I to read as follows:

I.  The department of health and human services and area agencies shall provide services to eligible persons under this chapter and persons eligible for the brain injury program under RSA 137-K in a timely manner.  The department and area agencies shall provide funding for services in such a manner that:

62  Services for the Developmentally Disabled; Wait List  RSA 171-A:1-a, I(d) is repealed and reenacted to read as follows:

(d)  For persons 18-21 years of age enrolled in school and determined eligible for developmental services that are not the legal responsibility of the local education agency, another state agency, or another division of the department, the time period between completion of the individual service agreement pursuant to RSA 171-A:12 and the allocation by the department of the funds needed to carry out the services required by the agreement shall not exceed 90 days.

63  Services for the Developmentally Disabled; Wait List.  Amend RSA 171-A:1-a, II to read as follows:

II.  [Beginning with the fiscal year ending June 30, 2010, and thereafter,] The department of health and human services shall incorporate in its appropriation requests the cost of fully funding services to eligible persons, in accordance with the requirements of paragraph I, and as otherwise required under RSA 171-A, and the legislature shall appropriate sufficient funds to meet such costs and requirements.

64  New Section; Child Protection Act; Investigatory Interviews and Evaluations.  Amend RSA 169-C by inserting after section 12-f the following new section:

169-C:12-g  Investigatory Interviews and Evaluations.  The court may order a parent, guardian, custodian, or other caregiver to produce a child for the purpose of an investigatory interview, including a multidisciplinary team interview in accordance with RSA 169-C:34-a or an interview or evaluation by any other expert necessary for the purpose of the investigation of suspected abuse or neglect.

65  Fund for Domestic Violence Grant Program.  Amend RSA 173-B:15 to read as follows:

173-B:15  Fund for Domestic Violence Grant Program.  A special fund for domestic violence programs is established.  The sole purpose of the fund shall be to provide revenues for the domestic violence program established in RSA 173-B:16, and shall not be available for any other purpose.  The state treasurer shall deposit all fees received by the department under RSA 457:29, 457:32-b, and 631:2-b, V in the fund.  All moneys deposited in the fund shall be continually appropriated for the purposes of the domestic violence grant program and shall not lapse.

66  Granite Workforce Program.  Amend 2018, 342:9, as amended by 2019, 346:158, to read as follows:

342:9  Termination of Granite Workforce Program.

I.  The commissioner of the department of health and human services shall be responsible for determining, every 3 months commencing no later than December 31, 2018, whether available TANF reserve funds total at least $5,000,000.  If at any time the commissioner determines that available TANF reserve funds have fallen below $5,000,000, the commissioners of the departments of health and human services and employment security shall, within 20 business days of such determination, terminate the granite workforce program.  The commissioners shall notify the governor, the speaker of the house of representatives, the president of the senate, the chairperson of the fiscal committee of the general court, and granite workforce participants of the program’s pending termination.  The commissioners shall have the discretion to limit granite workforce program services based on the availability of appropriated, available, or reserve funds.

II.  If at any time the New Hampshire granite advantage health care program, established under RSA 126-AA, terminates, the commissioners of the departments of health and human services and employment security shall terminate the granite workforce program.  The date of the granite workforce program’s termination shall align with that of the New Hampshire granite advantage health care program.

III.  If the work and community engagement waiver is held invalid, or is not approved by the Centers for Medicare and Medicaid Services, the granite workforce program shall be suspended until such time that the work and community engagement waiver is approved or revalidated.

67  Health Facility Licensure; Effective Dates Amended.  Amend 2020, 39:72, V-VI to read as follows:

V.  Sections 55-57[, 64-67, and 69] and 64 of this act shall take effect July 1, 2020.

VI.  Sections 5[,] and 60[, and 68] of this act shall take effect July 1, 2021.

68  Milk Sanitation Code; Terms Defined.  Amend RSA 184:79, XIII to read as follows:

XIII.  The term "milk plant" means any place, premises, or establishment where milk or milk products are collected, handled, processed, stored, pasteurized, bottled, packaged, or prepared for distribution, except an establishment where milk or milk products are sold at retail only.  This term shall include wash stations where milk tank trucks are cleaned and sanitized.

69  Milk Sanitation Code; License Fees.  Amend RSA 184:85, IV to read as follows:

IV.  All fees collected under this section shall be forwarded to the state treasurer.  The state treasurer shall credit all moneys received under this section, and interest received on such money, to [a] the public health services special fund established in RSA 143:11, from which [he] the department shall pay all the expenses of the department incident to the licensing and regulation of milk plants, milk distributors and milk producer-distributors.  [This fund shall not lapse.]

70  New Subdivision; Administration of Epinephrine.  Amend RSA 329 by inserting after section 1-g the following new subdivision:

Administration of Epinephrine

329:1-h  Administration of Epinephrine.  

I.  In this section:

(a)  "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.

(b)  "Authorized entity" means any entity or organization in which allergens capable of causing anaphylaxis may be present, including recreation camps and day care facilities.  Authorized entity shall not include an elementary or secondary school or a postsecondary educational institution eligible to establish policies and guidelines for the emergency administration of epinephrine under RSA 200-N.

(c)  "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.

(d)  "Health care practitioner" means a person who is lawfully entitled to prescribe, administer, dispense, or distribute controlled drugs.

(e)  "Provide" means to furnish one or more epinephrine auto-injectors to an individual.

II.  A health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section, and pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.

III.  An authorized entity may acquire and maintain a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section.  Such epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the instructions for use, and any additional requirements that may be established by board of medicine.  An authorized entity shall designate employees or agents who have completed the training required by paragraph V to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.

IV.  An employee or agent of an authorized entity, or other individual, who has completed the training required by paragraph V may use epinephrine auto-injectors prescribed pursuant to this section to:

(a)  Provide an epinephrine auto-injector to any individual who the employee agent or other individual believes in good faith is experiencing anaphylaxis, or the parent, guardian, or caregiver of such individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

(b)  Administer an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.

V.(a)  An employee, agent, or other individual described in paragraph IV shall complete an anaphylaxis training program at least every 2 years, following completion of the initial anaphylaxis training program.  Such training shall be conducted by a nationally-recognized organization experienced in training unlicensed persons in emergency health care treatment or an entity or individual approved by the board of medicine.  Training may be conducted online or in person and, at a minimum, shall cover:

(1)  How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;

(2)  Standards and procedures for the storage and administration of an epinephrine auto-injector; and

(3)  Emergency follow-up procedures.

(b)  The entity or individual that conducts the training shall issue a certificate, on a form developed or approved by the board of medicine to each person who successfully completes the anaphylaxis training program.  

VI.  No authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents, and other individuals, or health care practitioner that prescribes or dispenses epinephrine auto-injectors to an authorized entity, or pharmacist or health care practitioner that dispenses epinephrine auto-injectors to an authorized entity, or individual or entity that conducts the training described in paragraph V, shall be liable for any injuries or related damages that result from any act or omission pursuant to this section, unless such injury or damage is the result of willful or wanton misconduct.  The administration of an epinephrine auto-injector in accordance with this section shall not be considered to be the practice of medicine or any other profession that otherwise requires licensure.  This section shall not be construed to eliminate, limit, or reduce any other immunity or defense that may be available under state law.  An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector outside of this state if the entity would not have been liable for such injuries or related damages had the provision or administration occurred within this state, or is not liable for such injuries or related damages under the law of the state in which such provision or administration occurred.

71  Repeal.  RSA 126-A:70 and 71, relative to administration of epinephrine, are repealed.  

72  Guardians and Conservators; Termination of Guardianship.  Amend RSA 464-A:40, V(a) to read as follows:

V.(a)  If, within 30 days after the date of a testate or intestate ward's death, no petition for probate has been filed under any section of RSA 553 and the gross value of the personal property remaining in the possession of the guardian belonging to the deceased, including any amount left in designated accounts for the ward, is no more than [$5,000] $10,000, the guardian may file in the probate court in the county having jurisdiction over the guardianship an affidavit for the purpose of disposing of such deceased ward's estate.  Once approved by the court, the guardian shall be authorized to dispose of the ward's accounts in a manner consistent with the court's order.  The form of the affidavit, and the rules governing proceedings under this section, shall be provided by the probate court pursuant to RSA 547:33.

73  Custody and Escheat of Unclaimed or Abandoned Property; Filing of Claim.  Amend RSA 471-C:26, I(c)(2)-(3) to read as follows:

(2)  Except as provided in subparagraphs (5)-(7), in the case of a closed estate where the unclaimed property is valued at less than [$5,000] $10,000 and does not include securities in share form, in accordance with the final distribution of assets as approved by the probate court.

(3)  Except as provided in subparagraphs (5)-(7), in the absence of an open estate or probate court decree of final distribution, and the unclaimed property is valued at less than [$5,000] $10,000 and does not include securities in share form, by the surviving spouse of the deceased owner, or, if there is no surviving spouse, then to the next of kin in accordance with the provisions of RSA 561:1.

74  Applicability.  Sections 72-73 of this act shall apply to affidavits or claims filed on or after the effective date of this section.

75  New Subparagraph; New Hampshire Retirement System; Definitions.  Amend RSA 100-A:1, VII by inserting after subparagraph (g) the following new subparagraph:

(h)  The bureau chief for emergency preparedness and response with the department of health and human services, division of health public services who:

(1)  Has the authority and responsibility to engage in the prevention and control of public health incidents or emergencies;

(2)  As a job requirement is fully certified as an emergency preparedness official qualified to administer emergency planning, response and recovery activities in the event of natural disasters, public health crises or similar incidents; and

(3)  As a job requirement shall meet all physical, mental, educational, and other qualifications for continuing certification as an emergency preparedness official that may be established by the certifying authority.

76  Effective Date.

I.  Sections 51-52 of this act shall take effect as provided in section 53 of this act.

II.  Sections 3-6, 10, 15-34, and 75 of this act shall take effect 60 days after its passage.

III.  Sections 41-42 and 72-74 of this act shall take effect July 1, 2021.

IV.  The remainder of this act shall take effect upon its passage.

 

LBA

21-0464

2/8/21

 

SB 162-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the department of health and human services, the New Hampshire granite advantage health care trust fund, and health facility licensure.

 

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Health and Human Services.  When completed, the fiscal note will be forwarded to the Senate Clerk's Office.

 

AGENCIES CONTACTED:

Judicial Branch, New Hampshire Retirement System, Treasury Department, and Department of Health and Human Services

 

 

Links

SB162 at GenCourtMobile
SB162 Discussion

Action Dates

Date Body Type
Feb. 17, 2021 Senate Hearing
March 4, 2021 Senate Floor Vote

Bill Text Revisions

SB162 Revision: 32106 Date: Feb. 9, 2021, 10:56 a.m.

Docket


March 4, 2021: Committee Report: Ought to Pass with Amendment # 2021-0449s, 03/04/2021; SC 12


Feb. 17, 2021: Remote Hearing: 02/17/2021, 09:15 am; Links to join the hearing can be found in the Senate Calendar; SC 11


Feb. 4, 2021: Introduced 02/04/2021 and Referred to Health and Human Services; SJ 4