141-C:15-a Administration of Certain Prescription Medication for Treatment or Prevention of a Communicable Disease. –
I. Notwithstanding the provisions of RSA 326-B:2, I-a, and RSA 329:1-c, a health care professional authorized to prescribe prescription medication for the treatment or prevention of a communicable disease may prescribe, dispense, or distribute directly or by standing order, drugs and testing to a patient he or she did not evaluate and with whom there is no established health care provider-patient relationship to empirically treat for, or provide an agent or prophylaxis to prevent, a communicable disease that poses a threat to public health. Any such prescription shall be regarded as being issued for a legitimate medical purpose and in accordance with established clinical practice guidelines, when available.
II. Communicable diseases that pose a threat to public health for the purposes of paragraph I shall be limited to the following:
(a) Bordetella pertussis, Chlamydia trachomatis, Neisseria gonorrhea, and Neisseria meningitis; or
(b) Diseases that constitute an immediate threat to public health and for which the commissioner, or designee, declares a public health incident under RSA 508:17-a or issues clinical guidance that requests providers to consider prescribing, dispensing, or distributing immunizing agents or drugs under paragraph I in order to control a disease outbreak.
III. No health care professional who, acting in good faith and with reasonable care, prescribes, dispenses, or distributes an agent or drug and testing for the treatment or prevention of a communicable disease as described in paragraph I, shall 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.
Source. 2017, 42:2, eff. May 9, 2017. 2020, 39:2, eff. July 29, 2020.