21feb02...2625h

4/18/02 3560s

2may02...3712cofc

2002 SESSION

01-2181

01/09

HOUSE BILL 1311

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes a procedure for the annulment of certain medical records. The bill also establishes a committee to study the protection from subpoena of all medical information obtained as a result of an involuntary emergency admission which has been annulled by the court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21feb02...2625h

4/18/02 3560s

2may02...3712cofc

01-2181

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

235:1 New Section; Annulment of Certain Records. Amend RSA 135-C by inserting after section 31 the following new section:

135-C:31-a Annulment of Certain Records.

I. If the district court finds that the petitioner has failed to meet the burden specified in RSA 135-C:31, I, all court documents pertaining to the petition, including the physician's or A.R.N.P's certificate, and the complaint shall be sealed and the involuntary emergency admission shall be annulled.

II. Upon entry of an order of annulment:

(a) The person whose record is annulled shall be treated in all respects as if the person had never been the subject of an involuntary emergency admission.

(b) In any application for employment, license or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous involuntary emergency admission only in terms such as "Have you ever been the subject of an involuntary emergency admission that has not been annulled by a court?"

235:2 Discharge. Amend RSA 135-C:33 to read as follows:

135-C:33 Discharge.

I. At any time during the period of involuntary emergency admission the administrator of the receiving facility or [his] designee in such facility shall discharge the person admitted if the administrator decides that the person no longer meets the criteria established by RSA 135-C:27. If a discharge occurs, under this section or pursuant to a finding of no probable cause by the court, the receiving facility shall, with the consent of the person admitted, return such person to the place where [he] the person resided at the time the petition and physician's certificate were completed and signed. Unless the discharge is pursuant to a finding of no probable cause by the court, the receiving facility shall give notice of the discharge to the community mental health program in the region from which the person was admitted and to the community mental health program in the region to which the person is being discharged. The person discharged or [his] the person's guardian shall be given written notice of such action taken by the receiving facility.

II. The petition, police record, transport request, and medical record established as a result of the involuntary emergency admission shall remain with the accepting agency and shall only be released upon informed written consent of the individual.

III. The receiving facility shall either arrange the transportation within 24 hours of such notice or shall be liable for the cost of such transportation.

235:3 Committee Established. There is established a committee to study the protection from subpoena of all medical information obtained as a result of an involuntary emergency admission which has been annulled by the court.

235:4 Membership and Compensation.

I. The committee shall consist of 6 members of the house judiciary committee, appointed by the chair of such committee.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

235:5 Duties. The committee shall obtain information from all parties concerning the impact of protecting from subpoena or any other access, medical records obtained as a result of an involuntary emergency admission which has been annulled. The committee shall invite comment from the psychiatric community, administrators at New Hampshire hospital, New Hampshire Legal Assistance, advocates for the mentally ill, and other interested parties.

235:6 Chairperson; Quorum. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Four members of the committee shall constitute a quorum.

235:7 Report. The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the house clerk, the governor, and the state library on or before November 1, 2002.

235:8 Effective Date.

I. Sections 1 and 2 of this act shall take effect January 1, 2003.

(Approved: May 17, 2002)

(Effective Date: I. Sections 1 and 2 of this act shall take effect January 1, 2003.