CHAPTER 72

HB 203 - FINAL VERSION

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2001 SESSION

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HOUSE BILL 203

AN ACT allowing a psychiatric/mental health nurse practitioner employed under contract with the department of corrections to be indemnified and defended by the state under the same conditions as psychiatrists.

SPONSORS: Rep. Knowles, Straf 11; Rep. Rodd, Merr 3

COMMITTEE: Judiciary

ANALYSIS

This bill allows a psychiatric/mental health nurse practitioner employed under contract with the department of corrections to be indemnified and defended by the state under the same conditions as psychiatrists employed under contract with the department of corrections.

This bill was requested by the department of corrections.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT allowing a psychiatric/mental health nurse practitioner employed under contract with the department of corrections to be indemnified and defended by the state under the same conditions as psychiatrists.

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

72:1 Indemnification and Defense of Certain Psychiatric/Mental Health Nurse Practitioners. Amend RSA 99-D:9, I to read as follows:

I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity and not in a wanton or reckless manner, arising out of clinical services of psychiatrists [or], other medical doctors, or psychiatric/mental health nurse practitioners provided in accordance with any contract limited to such services entered into by the department of corrections.

72:2 Claims Arising From Clinical Services Provided to Department of Corrections. Amend RSA 541-B:21-a, I to read as follows:

I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit entity, or any employee, trustee, or director of such nonprofit entity when acting in the scope of such person's elected or appointed capacity, providing clinical services of psychiatrists [or], other medical doctors, or psychiatric/mental health nurse practitioners in accordance with any contract limited to such services entered into by the department of corrections.

72:3 Effective Date. This act shall take effect July 1, 2001.

(Approved: June 19, 2001)

(Effective Date: July 1, 2001)