TITLE XI
HOSPITALS AND SANITARIA
Chapter 151-J
NEW HAMPSHIRE HEALTH CARE WORKPLACE SAFETY COMMISSION
Section 151-J:1
[RSA 151-J:1 repealed by 2022, 340:4, II, effective March 1, 2034.]
151-J:1 Commission Established; Membership. –
I. There is hereby established a commission to review and analyze health care workplace violence safety issues including, but not limited to, reports of workplace violence incidents and trends. The commission shall also support the development and implementation of health care workplace violence prevention programs, including training, and propose changes to improve the safety in health care workplace settings.
II. (a) The members of the commission shall be as follows:
(1) One representative of each hospital in New Hampshire, licensed under RSA 151, appointed by the hospital.
(2) The chief executive officer of the New Hampshire hospital, or designee
(3) One representative of each non-hospital affiliated urgent care network of 3 or more clinics in New Hampshire, licensed under RSA 151, appointed by the urgent care network.
(4) The commissioner of the department of health and human services, or designee.
(5) The commissioner of the department of labor, or designee.
(6) The attorney general, or designee.
(7) Three members-at-large, one of whom shall be appointed by the speaker of the house of representatives, one of whom shall be appointed by the president of the senate, and one of whom shall be appointed by the governor.
(b) The governor may remove any member of the commission with cause.
Source. 2022, 340:2, eff. July 1, 2023.
Section 151-J:2
[RSA 151-J:2 repealed by 2022, 340:4, II, effective March 1, 2034.]
151-J:2 Duties. –
I. The commission shall:
(a) Review and analyze health care workplace violence safety issues including, but not limited to, reports of workplace violence incidents and trends.
(b) Support the development and implementation of health care workplace violence prevention programs, including training.
(c) Propose changes to the health and human services oversight committee, established in RSA 126-A:13, the commissioner of the department of labor, and the commissioner of the department of health and human services that will improve the safety of the health care workplace.
II. Sources of data for the duties described in paragraph I may include, but are not limited to, reviews and reports currently required by or submitted to state or national regulatory and accrediting organizations.
Source. 2022, 340:2, eff. July 1, 2023. 2023, 79:208, eff. July 1, 2023.
Section 151-J:3
[RSA 151-J:3 repealed by 2022, 340:4, II, effective March 1, 2034.]
151-J:3 Chair; Vice-Chair. –
The members of the commission shall elect a chair and vice-chair from among the members at the first meeting. The terms of the chair and vice-chair shall be 2 years, with the initial term for the chair to be 3 years, and until successors are elected. The chair shall be responsible for the orderly proceedings of the commission meetings and for compliance with mandates of this chapter. The vice-chair shall serve in the absence of the chair.
Source. 2022, 340:2, eff. July 1, 2023.
Section 151-J:4
[RSA 151-J:4 repealed by 2022, 340:4, II, effective March 1, 2034.]
151-J:4 Education. –
Each member of the commission shall be responsible for the dissemination of commission discussions to his or her institutions. All such information shall be disseminated through each participant's safety and security program in order to protect the confidentiality of all participants and patients involved in any incident or topic discussed.
Source. 2022, 340:2, eff. July 1, 2023.
Section 151-J:5
[RSA 151-J:5 repealed by 2022, 340:4, II, effective March 1, 2034.]
151-J:5 Confidentiality. –
I. All information, other than police reports, submitted to or collected by the commission, including, but not limited to, written, oral, and electronic information; records and proceedings of the commission, including, but not limited to, oral testimony and discussions, notes, minutes, summaries, analyses, and reports; and information disseminated by the commission or its members to hospitals and urgent care centers shall be confidential and privileged, shall be exempt from RSA 91-A, and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial, administrative, or other type of proceeding. The provision of information to the commission and the dissemination of information by the commission shall not be deemed to void, waive, or impair in any manner the confidentiality protection of this section or which the information may have under any other law or regulation.
II. Information, documents, or records otherwise available from original sources shall not be construed as immune from discovery or use in any civil or administrative action merely because they were presented to the commission. Any person who supplies information to or testifies before the commission shall not be immune from discovery in any civil or administrative action because the information or testimony was presented to the commission, but such witness shall not be asked about and shall not provide information about his or her testimony before this commission or opinions formed by him or her as a result of commission participation.
III. Notwithstanding paragraph I, if a workplace violence incident involves a patient, the health care workplace safety commission and the health care quality and patient safety commission established in RSA 151-G may share information about the incident for the purpose of reviewing and analyzing incidents involving both a patient and an employee. Nevertheless, the principles of data minimization will be respected to include deidentification of any personally identifiable information.
Source. 2022, 340:2, eff. July 1, 2023. 2023, 79:209, eff. July 1, 2023.
Section 151-J:6
[RSA 151-J:6 repealed by 2022, 340:4, II, effective March 1, 2034.]
151-J:6 Administration. –
The commission may delegate to the department of labor the functions of collecting, analyzing, and disseminating workplace violence information, organizing and convening meetings of the commission, and other substantive and administrative tasks as may be incident to these activities or directed by the commission. The activities of the department of labor and its employees or agents shall be subject to the same confidentiality provisions and data privacy as those that apply to the commission.
Source. 2022, 340:2, eff. July 1, 2023. 2023, 79:210, eff. July 1, 2023.
Section 151-J:7
[RSA 151-J:7 repealed by 2022, 340:4, II, effective March 1, 2034.]
151-J:7 Reports. –
The commission shall annually report its findings and any recommendations which may include proposed legislation to the speaker of the house of representatives, the senate president, the governor, and the health and human services oversight committee established in RSA 126-A:13. Such report shall describe the activities of the commission, indicate the extent of each institution's participation, state the aggregate relative frequency of workplace violence incidents, the nature and extent of injuries, how incidents were responded to, and, to the extent possible, identify strategies for reducing workplace violence incidents. Any information about processes or outcomes provided pursuant to this section shall be aggregate data only and shall not reference individual incidents, patients, health care providers, or institutions.
Source. 2022, 340:2, eff. July 1, 2023.
Section 151-J:8
[RSA 151-J:8 repealed by 2022, 340:4, II, effective March 1, 2034.]
151-J:8 Rulemaking. –
The commissioner of the department of labor, with the advice of members of the commission, shall adopt rules pursuant to RSA 541-A, to assure de-identification of all individuals and facilities involved in the incidents received.
Source. 2022, 340:2, eff. July 1, 2023. 2023, 79:211, eff. July 1, 2023.
Section 151-J:9
[RSA 151-J:9 repealed by 2022, 340:4, II, effective March 1, 2034.]
151-J:9 Exemption; State Operated Medical Facilities. –
All medical facilities operated by the state of New Hampshire shall not be subject to the jurisdiction of the health care workplace safety commission established in this chapter.
Source. 2022, 340:2, eff. July 1, 2023.