Chapter 125: General Provisions

The purpose of this chapter is to provide measures to improve and preserve the health of the citizens of this state.

The commissioner of the department of health and human services shall:

I. Take cognizance of the interests of health and life among the people.

II. Make investigations and inquiries concerning the causes of epidemics and other diseases, the sources of morbidity and mortality, and the effects of localities, employments, conditions, circumstances, and the environment on the public health. Investigations authorized under this paragraph shall also include an extended rabies surveillance effort which shall be conducted with assistance from the department of agriculture, markets, and food and the fish and game department.

III. Advise and assist town health officers in making investigations into sanitary matters in their towns.

IV. Take measures to communicate such information as necessary on the improvement and preservation of health.

V. Recommend to the director of motor vehicles the procedures necessary under RSA 125:9-a.

VI. Recognize the public health aspects relating to drugs and food under RSA 125:10.

VII. Verify sanitary conditions of public buildings under RSA 125:11.

VIII. Equip and maintain a first-aid room under RSA 125:13-a.

IX. Develop or designate a statewide program for poison information and treatment under RSA 126-A:49.

X. Investigate complaints of poor indoor air quality and conduct inspections of buildings and dwellings, upon request, for the presence of radon or other health hazards present in indoor air; and provide education, technical consultation, and recommendations for abatement of such health hazards in conjunction with the University of New Hampshire cooperative extension.

XI. Consult with and assist the executive director, department of fish and game in the review and approval of off highway recreational vehicle safety training courses.

XII. [Repealed.]

XIII. [Repealed.]

XIV. [Repealed.]

It shall be the duty of the department of health and human services to recommend to the director of motor vehicles the policies and procedures to be followed by the state with respect to all medical aspects of licensing drivers, enforcement, including but not limited to differentiating between ill and intoxicated drivers, and accident investigation, including but not limited to examination of the dead for alcohol and drugs.

The commissioner of the department of health and human services shall take cognizance of the interests of the public health, relating to the sale of drugs and foods and the adulteration of such drugs and foods and shall make all necessary investigations and inquiries in reference to them. For these purposes he may appoint, within available appropriations and subject to rules adopted by the director of personnel, inspectors, analysts, and chemists, who shall be subject to his supervision and removal.

The commissioner of the department of health and human services shall take cognizance of the sanitary condition of all public buildings, hospitals, penal institutions, and facilities for the detention of minors, whether state or county.

I. The general court shall equip and maintain a health service room in such location in the state house as may be assigned for such purpose. Said room shall be staffed by a licensed registered nurse employed or contracted by the general court, and the room shall be kept open as directed by the chief operating officer of the general court. The expense of the health service room, including a contract nurse, shall be a charge upon the joint expenses appropriation to the general court. The chief medical officer of the department of health and human services may provide standing orders for medications requiring a prescription for the employed or contracted nurse. The licensed registered nurse employed or contracted under this section shall act within the scope of his or her practice under RSA 326-B.

II. The chief medical officer of the department of health and human services, acting in good faith and with reasonable care, in issuing a standing order, shall not be subject to any criminal or civil liability, or any professional disciplinary action, for any action authorized by this section or any outcome resulting from an action authorized by this section.

The commissioner of the department of health and human services shall have authority:

I. To receive and expend all funds made available to the department by the federal government, the state or its political subdivisions, or from other sources for general activities for health promotion, providing adequate facilities for promotion and administrative guidance of local health services, and the training of personnel employed or to be employed in the department or local health departments.

II. To receive and expend any reimbursements for expenditures previously made for such purposes.

III. To cooperate with the federal government, through its appropriate agencies or instrumentalities, and with other state and local agencies and organizations in developing and administering public health activities as provided for in this section.

The commissioner of the department of health and human services shall adopt rules under RSA 541-A relative to:

I. The administration of the provisions of RSA 125:9 through 125:15.

II. The administration of occupational health programs under RSA 140.

III. The qualifications of the district health officer under RSA 127:6.

IV. The definition of a toxic substance under RSA 277-A:3, V.

V. The laboratory services to be provided and fees to be charged under RSA 131:4.

VI. The methods and procedures for requesting and conducting inspections pursuant to RSA 125:9, X, and the provision of technical consultation and recommendations that may result from such inspections.

VII. The methods and procedures necessary to conduct the rabies surveillance effort with the assistance of the department of agriculture, markets, and food and the fish and game department, as required under RSA 125:9, II.

VIII. [Repealed.]

In this subdivision:

I. "Diagnostic service" means providing any test to determine or identify the nature of a disease, including laboratory and exploratory tests.

II. "Department" means the department of health and human services.

III. "Health care practitioner" means any person licensed or registered as a health care provider in the state of New Hampshire. "Health care practitioner" shall not include any person who has retired from the practice of health care, or any person who does not hold a current license or certificate to practice health care.

IV. "Ownership interest" means any and all ownership interest by a health care practitioner or such person's spouse or child, including, but not limited to, any membership, proprietary interest, stock interest, partnership interest, co-ownership in any form, or any profit-sharing arrangement. It shall not include ownership of investment securities purchased by the practitioner on terms available to the general public and which are publicly traded.

V. "Therapeutic services" means physical therapy, radiation therapy, intravenous therapy and rehabilitation services including physical therapy, occupational therapy, speech pathology or any combination thereof.

I. Any health care practitioner who has an ownership interest in an entity which provides diagnostic or therapeutic services, or receives compensation or remuneration for referral of such patient to an entity which provides diagnostic or therapeutic services, shall disclose such interest to any patient prior to referring the patient to such entity for diagnostic or therapeutic services.

II. Such information shall be disclosed on a written referral to each patient at the time of referral; or, if referred by phone, verbal disclosure shall be made at the time of referral and a written referral shall be promptly sent to the patient.

III. The referral shall contain the following written conspicuously on its face:

"The referring health care practitioner maintains an ownership interest in the facility to which you are being referred. You are not required to utilize the facility to which you are being referred for these services. These services may be available elsewhere in the community. This office will provide an alternative referral upon your request."

IV. An entity which provides diagnostic and therapeutic services shall include services provided by an entity within a hospital, but which is not owned by the hospital.

V. This section shall not apply to in-office diagnostic services.

VI. Failure to provide written disclosure of an ownership interest may result in suspension of one's professional license or registration.

I. Notwithstanding any other provision of law, any health care practitioner who has an ownership interest in an entity which provides diagnostic or therapeutic services shall disclose such interest to the appropriate licensing authority regardless of whether any referrals are provided to the health care practitioner's entity or any other entity. In the disclosure to the appropriate licensing authority, the health care practitioner shall list all diagnostic and therapeutic services provided by any entity in which the health care practitioner has an ownership interest. Disclosure of ownership shall be made upon application for and renewal of the health care practitioner's license, on the application and renewal form.

II. An entity which provides diagnostic and therapeutic services shall include services provided by an entity within a hospital, but which is not owned by the hospital.

III. This section shall not apply to in-office ancillary services.

IV. Failure to report such ownership interest may result in disciplinary action by the licensing authority.

No person shall receive, store, or dispose of radioactive waste or spent nuclear fuel in the state or within the coastal jurisdiction of the state. Nothing in this subdivision shall be construed to prohibit the use or interim on-site storage of nuclear fuel or spent fuel, or in any way to abrogate or amend an agreement entered into between the state and the United States Atomic Energy Commission, or its successor, pursuant to section 274 of the Atomic Energy Act of 1954 as amended. Under no circumstances shall spent nuclear fuel, originating from any location other than Seabrook Station, be received for on-site storage within the state.