TITLE X
PUBLIC HEALTH

Chapter 141-F
HUMAN IMMUNODEFICIENCY VIRUS EDUCATION, PREVENTION, AND CONTROL

Section 141-F:1

    141-F:1 Statement of Purpose. –
I. It is the purpose of this chapter to designate the department of health and human services as the state agency responsible for preparing information on the transmission and prevention of the human immunodeficiency virus and the hepatitis B virus.
II. It is also the purpose of this chapter to require the department of health and human services to provide testing for the human immunodeficiency virus, to assure the quality of similar testing by other laboratories, and to carry out epidemiological analysis and follow-up.
III. Finally, it is the purpose of this chapter to protect individuals from unauthorized disclosure of human immunodeficiency virus test results.

Source. 1988, 262:2. 1993, 83:1. 1995, 310:181, eff. Nov. 1, 1995.

Section 141-F:2

    141-F:2 Definitions. –
In this chapter:
I. "Antibody" means a protein produced by the body in response to specific foreign substances such as bacteria or viruses.
II. "Antigen" means a substance that stimulates the production of antibodies.
II-a. "Communicable hepatitis B virus infection" means the presence of both hepatitis B surface antigen and hepatitis B e antigen in the blood.
III. "Commissioner" means the commissioner of the department of health and human services or his designee.
IV. "Department" means the department of health and human services.
IV-a. "Exposure prone invasive procedure" means any medical, surgical, or dental procedure during which a health care worker palpates a needle tip in a body cavity, or any procedure during which a health care worker's fingers and a needle or other sharp instrument or object are present in a poorly visualized or highly confined anatomic site.
IV-b. "Health care worker" means dentists and dental hygienists licensed under RSA 317-A, nurses licensed under RSA 326-B, physicians licensed under RSA 329, physician assistants licensed under RSA 328-D, and podiatrists licensed under RSA 315.
V. "Human immunodeficiency virus" means the virus, or its variants, which are the causative agents of acquired immune deficiency syndrome (AIDS), AIDS related conditions, and other clinical manifestations.
VI. "Serologic positive" means the presence in an individual, as detected by laboratory testing, of an antibody or antigen to the human immunodeficiency virus.

Source. 1988, 262:2. 1993, 83:2, 3. 1995, 310:97, eff. Nov. 1, 1995.

Section 141-F:3

    141-F:3 Powers and Duties of the Department. –
The department shall:
I. Provide information and guidance to the department of education for their development of courses and programs relative to the human immunodeficiency virus which meet the requirements of RSA 186:11, IX and XXVII.
II. Develop training courses and materials on the human immunodeficiency virus and related issues, for police, fire, and emergency medical services personnel and provide assistance on the development and implementation of such courses and materials to the relevant state and local agencies.
III. Distribute informational materials on the human immunodeficiency virus to health care providers, health care institutions, local health and social service agencies, local units of government, and, upon request, to other public and private agencies and organizations.
IV. Provide information to persons at high risk of acquiring the human immunodeficiency virus.
V. Provide assistance to government agencies, school districts, health care institutions, businesses, and industries to establish policies and practices for coping with the human immunodeficiency virus.
VI. Disseminate information to the general public, using print and broadcast media, on the human immunodeficiency virus, its causes and effects, and on methods of prevention and control.
VII. Conduct training sessions and workshops, upon request, for educators, physicians, and the staff and volunteers of hospitals and other health care agencies, licensed under RSA 151, on the human immunodeficiency virus, methods of prevention and control, methods for pre-test and post-test counseling for infected persons and their families, and management of medical care and treatment of infected persons.
VIII. Within the limits of appropriated funds, augment community efforts by providing, directly or by contract, with local health or social service agencies or with any other relevant agency or organization, services relating to the human immunodeficiency virus.
IX. Provide laboratory testing services in accordance with RSA 141-F:6 to detect the presence of the human immunodeficiency virus in samples submitted by health care providers.
X. [Repealed.]
XI. Conduct follow-up investigations in accordance with RSA 141-F:9.
XII. Apply for, receive, and expend funds made available to the state by the federal government or other sources and use such funds to carry out the provisions of this chapter.
XIII. Provide an informational brochure relative to the human immunodeficiency virus to town and city clerks for distribution under RSA 457:28-a.

Source. 1988, 262:2. 1995, 310:175. 2004, 36:2. 2005, 261:2, eff. Sept. 20, 2005.

Section 141-F:4

    141-F:4 Rulemaking. –
The commissioner shall adopt rules under RSA 541-A relative to:
I. Procedures for testing blood samples under RSA 141-F:5, I.
II. Procedures for testing body parts, tissues, or fluids under RSA 141-F:5, II.
III. Procedures for confidentially testing body parts, tissues, or fluids under RSA 141-F:5, III.
IV. Procedures for conducting tests under RSA 141-F:5, IV.
V. [Repealed.]
V-a. Procedures for investigations and criteria for notification under RSA 141-F:9.
VI. Any matter deemed necessary for the administration of RSA 141-F:9-a.
VII. Procedures for the administration of the AIDS drug assistance program and the AIDS drug assistance program fund established under RSA 141-F:12.

Source. 1988, 262:2. 1993, 83:4. 1994, 208:5. 1995, 310:183. 2004, 36:2. 2007, 65:1. 2008, 155:1, eff. June 6, 2008.

Section 141-F:5

    141-F:5 Consent for Testing; Exceptions. –
A physician or advanced practice registered nurse licensed or registered to practice in this state, an employee of a health care facility licensed under RSA 151, whether paid or unpaid, and an employee of a blood bank, blood center, plasma center, or agency which receives blood donations, whether paid or unpaid, may test when the patient has consented for the presence of an antibody or antigen to a human immunodeficiency virus in accordance with the most current testing and consent recommendations of the Centers for Disease Control and Prevention. Testing without consent may occur in the following situations:
I. Any blood bank, blood center, plasma center, or agency which purchases or receives donated whole blood, blood plasma, a blood product, or a blood derivative shall, prior to its distribution or use, subject such blood to a test which conforms to rules adopted by the commissioner under RSA 141-F:4.
II. A physician or advanced practice registered nurse licensed or registered to practice in this state who procures, processes, distributes, or uses a human body part, tissue, or fluid donated under RSA 291-A may, without obtaining consent to the testing, test for the presence of an antibody or antigen to the human immunodeficiency virus, in accordance with rules adopted by the commissioner under RSA 141-F:4 in order to assure medical acceptability of the gift for the purpose intended.
III. A health care facility engaged in medical research may, without first obtaining consent to the testing, subject any body parts, fluids, or tissues to a test for the presence of an antibody or antigen to a human immunodeficiency virus in accordance with rules adopted by the commissioner under RSA 141-F:4 if the testing is performed in a manner by which the identity of the test subject is not known and may not be retrieved by the researcher.
IV. Individuals convicted and confined to a correctional facility pursuant to the order of a court, or committed to New Hampshire hospital, may be tested without obtaining written consent to the testing, when the results of such tests are necessary for the placement and management of such individuals in the facility, pursuant to the written policies and procedures of the chief administrator of the facility.
V. (a) A physician licensed to practice in this state, or a person authorized by the physician, may, without obtaining consent to the testing, test for the presence of an antibody or antigen to a human immunodeficiency virus:
(1) When the person being tested is incapable of giving informed consent; and
(2) When a test for the presence of an antibody or antigen to a human immunodeficiency virus is immediately necessary to protect the health of:
(A) The person; or
(B) An individual who has had an occupational exposure to the person's blood or bodily fluids.
(b) When the test is performed under subparagraph (a) on a person who is incapable of giving informed consent, and when the reason for the test is to protect the health of another individual who has had an occupational exposure to that person's blood or bodily fluids, neither the person who is incapable of giving informed consent nor that person's insurer shall be billed for the cost of the test.

Source. 1988, 262:2. 1995, 310:183. 2007, 65:3. 2009, 54:5. 2010, 333:1, eff. Sept. 18, 2010.

Section 141-F:6

    141-F:6 Testing. –
I. The department, or agencies operated by or under contract with the department, shall offer laboratory testing, in accordance with RSA 131, for the presence or absence of antibodies or antigens of the human immunodeficiency virus.
II. All other laboratories, public or private, which test human blood or any other business or organization, public or private, which tests human blood, tissue, or other samples as part of its operations may offer to test samples for the presence or absence of antibodies or antigens of the human immunodeficiency virus.

Source. 1988, 262:2. 1995, 310:175, 183. 2004, 36:1. 2007, 65:4, eff. Aug. 10, 2007.

Section 141-F:7

    141-F:7 Reporting of Test Results. –
I. Except as provided in this section, test results of samples submitted for laboratory analysis under RSA 141-F:6 shall not be disclosed to any person or agency except:
(a) The physician ordering the test or the person authorized by the physician; and
(b) The commissioner, in accordance with RSA 141-C:7.
II. Test results shall be disclosed by the physician or the person authorized by the physician to the person who was tested. Such person shall be provided with appropriate counseling at the time of notification.
III. If the person with a serologic positive test result is less than 18 years of age or is mentally incapable of understanding the ramifications of a positive test result, the physician or the person authorized by the physician may disclose the test results to a parent or legal guardian. In such cases, the parent or legal guardian shall be entitled to appropriate counseling.
IV. If the person with a serologic positive test is confined to a facility pursuant to an order of a court, or committed to a mental health facility, the results of the tests shall be disclosed by the physician or the person authorized by the physician to the medical director or chief medical officer of such facility. The medical director or chief medical officer of the facility shall provide to the administrator in charge of the facility whatever medical data is necessary to properly assign, treat, or manage the affected individual. The administrator may disclose this information only to those individuals who require such information to properly assign, treat, or manage the affected individual.

Source. 1988, 262:2. 1995, 310:183, eff. Nov. 1, 1995.

Section 141-F:8

    141-F:8 Confidentiality; Release of Information. –
I. The identity of a person tested for the human immunodeficiency virus shall not be disclosed except as provided in RSA 141-F:7 and RSA 141-F:8, III, IV and V.
II. All records and any other information pertaining to a person's testing for the human immunodeficiency virus shall be maintained by the department, health care provider, health or social service agency, organization, business, school, or any other entity, public or private, as confidential and protected from inadvertent or unwarranted intrusion. Such information obtained by subpoena or any other method of discovery shall not be released or made public outside of the proceedings.
III. Notwithstanding RSA 141-C:10 and paragraph I of this section, the identity of a person tested for the human immunodeficiency virus may be disclosed in response to a written request if such person has given written authorization for such disclosure. Such written request shall state the reasons for the request and shall contain only the identity of the infected person.
IV. Notwithstanding RSA 141-C:10 and paragraph I of this section, a physician licensed to practice in this state or other health care provider may disclose information pertaining to the identity and test results of a person tested for a human immunodeficiency virus to other physicians and health care providers directly involved in the health care of the person when the disclosure of such information is necessary in order to protect the health of the person tested. Information thus disclosed shall be maintained as provided in paragraph II of this section.
V. Notwithstanding RSA 141-C:10 and paragraph I of this section, the identity of a person tested for the human immunodeficiency virus and found to be infected may be disclosed to a blood bank, blood center, plasma center, or other agency which receives blood donations, provided that the information remains confidential and protected from inadvertent or unwarranted intrusion or disclosure.

Source. 1988, 262:2. 1994, 208:6, 7. 1995, 310:175, eff. Nov. 1, 1995.

Section 141-F:9

    141-F:9 Disease Control. –
The commissioner or his designee shall conduct follow-up activities when reports of individuals found serologic positive are provided under RSA 141-C:7.
I. Such activities shall be conducted with due regard to the personal and property rights of the individual person and shall be limited to discovering the potential source of the infection and to identifying persons who may have been infected by such individual.
II. The commissioner shall, if possible, do contact referral and shall encourage the individual person to notify any persons who may be or have been infected and urge such persons to undergo testing pursuant to the provisions of this chapter.
III. During the course of an investigation under this section, the commissioner shall not disclose the identity of the individual found serologically positive.

Source. 1988, 262:2. 1995, 310:183, eff. Nov. 1, 1995.

Procedure for Health Care Workers

Section 141-F:9-a

    141-F:9-a Testing Not Required. – Nothing in this chapter shall be construed to require that health care workers be tested for the presence of the human immunodeficiency virus or the hepatitis B virus as a condition of employment or practice in a health care facility licensed in accordance with RSA 151.

Source. 1993, 83:5, eff. Jan. 1, 1994.

Section 141-F:9-b

    141-F:9-b Repealed by 2007, 65:2, I, eff. Aug. 10, 2007. –

Section 141-F:9-c

    141-F:9-c Repealed by 2007, 65:2, II, eff. Aug. 10, 2007. –

Section 141-F:9-d

    141-F:9-d Repealed by 2007, 65:2, III, eff. Aug. 10, 2007. –

Liability and Penalties

Section 141-F:10

    141-F:10 Civil Liability. – Any person who purposely violates RSA 141-F:7, I or RSA 141-F:8, I and thereby discloses the identity of a person infected by a human immunodeficiency virus shall be liable to such person for actual damages, court costs and attorneys' fees, plus a civil penalty of up to $5,000 for such disclosure.

Source. 1988, 262:2, eff. April 30, 1988.

Section 141-F:11

    141-F:11 Penalty. – Any person who purposely violates the provisions of RSA 141-F:5 - 141-F:8 or any rules adopted pursuant to them shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

Source. 1988, 262:2, eff. April 30, 1988.

Section 141-F:12

    141-F:12 AIDS Drug Assistance Program Fund. – There is hereby established the AIDS drug assistance program fund. The fund shall be composed of drug rebates received on drugs purchased under the AIDS drug assistance program established pursuant to this chapter. The fund shall be nonlapsing and shall be continually appropriated to the commissioner for the purposes of continuous support for the AIDS drug assistance program as required by federal law and regulations.

Source. 2008, 155:2, eff. June 6, 2008.