Chapter 141-A: Critical Health Problems Reporting Act

This chapter shall be known and may be cited as the "critical health problems reporting act".

As used in this chapter:

I. "Critical health problem" means any of the following:

(a) Lead poisoning.

(b) Reye's syndrome.

(c) A disease, condition, or procedure relating to public health which is determined by the commissioner to be of particular concern or importance as a critical health problem in this state, being in need of greater research, study, and statistical analysis.

II. "Commissioner" means the commissioner of the department of health and human services.

III. [Repealed.]

IV. "Facility" means a governmental or private agency, department, institution, clinic, laboratory, hospital, or a health maintenance organization, association, or other similar unit designated by the commissioner.

The commissioner shall determine by rule a disease, condition, or procedure which constitutes a critical health problem under RSA 141-A:2, I(c). A rule adopted under this section shall cease to be effective 5 years after the date the rule is adopted.

An attending physician or other person representing or employed by a facility as determined by the commissioner shall report to the department the existence of a critical health problem as prescribed by this chapter when the physician or person determined by the commissioner diagnoses or confirms a critical health problem. The report shall be made not more than 10 days after the diagnosis or confirmation is made by the physician or other person.

I. The report prescribed in RSA 141-A:4 shall be designated as a critical health problem report and shall contain social security numbers, if persons were given the option at the original point of collection to provide social security numbers voluntarily, and information which the commissioner considers necessary to identify, locate, and investigate the occurrence, frequency, incidence, cause, effect, and prognosis of the critical health problem, and other relevant data and findings with respect thereto.

II. The commissioner shall adopt rules regarding the form, content, and manner of filing the report prescribed in RSA 141-A:4, which shall be submitted to the department unless otherwise prescribed by the commissioner. He shall adopt such other rules as may be necessary to foster study, research, denomination, and control of critical health problems.

III. A report or other data relating to a critical health problem which discloses the identity of an individual who was reported as having a critical health problem shall be made available only to persons who demonstrate a need for the report or other data which is essential to health related research, including but not limited to, for purposes of administering the lead paint poisoning prevention control program under RSA 130-A. A report or data which does not disclose the identity of the individual shall be made available to the public in compliance with RSA 91-A.

IV. The physician-patient privilege shall not apply to a critical health problem report prepared pursuant to paragraph I.

The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:

I. Identifying critical health problems in this state as authorized under RSA 141-A:2, I(c) and RSA 141-A:3.

II. The manner of reporting critical health problems as authorized under RSA 141-A:4.

III. Form and content of the critical health reports under RSA 141-A:4 and RSA 141-A:5, II.

IV. Maintaining critical health reports under RSA 141-A:6.

V. [Repealed.]

Critical health problem reports and data shall be maintained by the department in a manner suitable for use for research purposes, and shall be made available to persons as prescribed in RSA 141-A:5.

Whoever violates the provisions of this chapter shall be guilty of a misdemeanor.