Title X, Public Health

I. No person shall perform or cause to be performed lead base substance abatement, in-place management, or interim controls in a dwelling or dwelling unit, or in any child care facility, in any manner other than as provided for in rules adopted under RSA 130-A:10. II. No person s…

The department of health and human services may establish, equip, and operate a laboratory or laboratories with such expert assistants and such facilities as are necessary for routine examinations and analyses and for original investigations and research in matters affecting publ…

They shall make investigations and analyses of foods and drugs offered for sale in our markets with a view of discovering adulterated, misbranded and unhealthful or unsafe products and shall make investigations concerning food sanitation, the disposal of sewage and similar matter…

They shall make periodic inspections and analyses of the public water supplies of the state and any special investigations thereof that may be called for; also, when requested or as may be deemed by them necessary or expedient in the interests of the public health, make inspectio…

I. The commissioner of the department of health and human services shall adopt rules pursuant to RSA 541-A relative to a list of laboratory services to be provided under this chapter and a schedule of fees for such services. The fees may be waived by the commissioner when the com…

They may enter into contracts with laboratories in localities accessible to the various portions of the state for the prompt examination of specimens received from local health officers or physicians and for an immediate report on such examinations, at the expense of the state, p…

The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to: I. Standards of efficiency for laboratories under RSA 131:5. II. The educational and technical qualifications of the commissioner, bacteriologist, or pathologist…

They may publish in a bulletin the results of the analytical work done in said laboratory, naming fraudulent and adulterated articles of food found on sale in this state, together with such other information relating to sanitary matters as they may deem advisable.

In this chapter: I. "Department" means the department of health and human services. II. "Hospital" means a public or private institution which is required to be licensed under RSA 151, and which is engaged in providing to patients, under supervision of physicians, diagnostic and …

The department of health and human services may provide instruction, advice and such services as the commissioner may deem necessary for children with special health care needs, and to protect and promote the physical health of women in their child-bearing years and their infants…

I. The physician, hospital, nurse midwife, midwife, or other health care provider attending a newborn child shall test a newborn child for metabolic disorders. Such tests shall include, but not be limited to, phenylketonuria, galactosemia, homocystinuria, maple syrup urine diseas…

The physician, hospital, nurse midwife, midwife, or other health care provider attending a newborn child shall perform a pulse oximetry screening, according to the recommendations of the American Academy of Pediatrics, on every newborn child.

The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, relative to: I. The women, infants, and children program under RSA 132:12-a. II. The prevention of ophthalmia in newborn babies under RSA 132:6. III. Newborn screening tests …

The provisions of RSA 132:10-a, 10-aa, and 10-b shall not apply if the parents of such child object thereto.

Breast-feeding a child does not constitute an act of indecent exposure and to restrict or limit the right of a mother to breast-feed her child is discriminatory.

When an infant is born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder, the health care provider shall develop a plan of safe care, in cooperation with the infant's parents …

When a health care provider suspects that an infant has been abused or neglected pursuant to RSA 169-C:3, the provider shall report to the department of health and human services in accordance with RSA 169-C:29. If the infant has a plan of safe care developed under RSA 132:10-e, …

The commissioner of the department of health and human services may: I. Formulate and administer plans for the purposes specified in RSA 132:12 through RSA 132:13 and adopt rules under RSA 541-A to carry out these plans. II. Receive and expend in accordance with such plans funds …

The division may administer a program of maternal and child health services, and shall supervise those services not administered directly by it.

The commissioner of the department of health and human services shall develop and administer a women, infants, and children program within the state under the Child Nutrition Act of 1966, in accordance with federal regulations promulgated by the Department of Agriculture and subj…

There is hereby established the women, infants, and children (WIC) fund. The fund shall be composed of food rebates, including but not limited to, infant formula and baby food, purchased under the WIC program established pursuant to this chapter. The fund shall be nonlapsing and …

There is established in the department of health and human services the New Hampshire Farmers' Market Nutrition Program for participants in the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). The program shall distribute food instruments to eligible …

I. Services provided for children with special health care needs in accordance with RSA 132:2, X, shall include location, diagnoses, hospitalization, medical, surgical, corrective, and other services and care of such children. II. In this chapter, "children with special health ca…

Nothing in this chapter shall be construed as authorizing any public official, agent, or representative, in carrying out any provision of this chapter, to take charge of any child, or to provide services to any child, over the objection of either the father or the mother of such …

Any person committing a fraud on the women, infants, and children program under RSA 132:12-a shall be charged under RSA 638:15. Any person violating any other provision of this subdivision or any rule adopted under this subdivision shall be guilty of a misdemeanor.

I. A hospital or safe haven, without a court order, shall take temporary care and control of a child who is not more than 61 days old, provided that the child is handed to a person at the hospital or safe haven, or is placed in a safe haven infant safety device, by the child's pa…

The commissioner of the department of health and human services shall: I. Conduct studies as necessary to carry out the provisions of this chapter. II. Formulate and administer such plans as are necessary to carry out the provisions of this chapter. III. Receive and expend, in ac…

This subdivision shall be known and may be cited as the Live-Birth Infants Protection Act.

I. In this subdivision "live-birth" means the complete expulsion or extraction from its mother of a product of a human conception, irrespective of the duration of the pregnancy, which after such expulsion or extraction, breathes, or shows any other evidence of life such as beatin…

In this subdivision, "maternal mortality" means the following: I. "Pregnancy-related" means the death of a woman while pregnant or within one year of the end of pregnancy, irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by her pregn…

I. Within 24 hours after a hospital or safe haven assumes temporary care and control of a child under RSA 132-A:2, the hospital or safe haven shall notify the department and law enforcement officials that the hospital or safe haven has assumed temporary care and control of the ch…

The division may enforce the department's rules and ordinances through its inspectors, or through the local boards of health.

I. There is established a maternal mortality review panel to conduct comprehensive, multidisciplinary reviews of maternal deaths in New Hampshire for the purpose of identifying factors associated with the deaths and to make recommendations for system changes to improve services f…

I. If a root cause analysis of a maternal mortality event has been completed, such findings shall be included in the records supplied to the review panel. II. Health care providers, health care facilities, clinics, laboratories, medical records departments, and state offices, age…

In this subdivision: I. "Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device intentionally to terminate the pregnancy of a female known to be pregnant with an intention other than to increase the probability of a live birth,…

I. No abortion shall be performed upon an unemancipated minor or upon a female for whom a guardian or conservator has been appointed pursuant to RSA 464-A because of a finding of incompetency, until at least 48 hours after written notice of the pending abortion has been delivered…

I. No notice shall be required under RSA 132:33 if: (a) The attending abortion provider certifies in the pregnant minor's medical record that a medical emergency exists and there is insufficient time to provide the required notice; or (b) The person or persons who are entitled to…

Performance of an abortion in violation of this subdivision shall be a misdemeanor and shall be grounds for a civil action by a person wrongfully denied notification. A person shall not be held liable under this section if the person establishes by written evidence that the perso…

If any provision of this subdivision or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect the provisions or applications of this subdivision which can be given effect without the invalid provisions or applications, and to this…

In this subdivision: I. "Reproductive health care facility" means a place, other than within or upon the grounds of a hospital, where abortions are offered or performed. II. "Patient escort services" means the act of physically escorting patients through the buffer zone to the re…

I. No person shall knowingly enter or remain on a public way or sidewalk adjacent to a reproductive health care facility within a radius up to 25 feet of any portion of an entrance, exit, or driveway of a reproductive health care facility. This section shall not apply to the foll…

I. Prior to issuing a citation for a violation of this section, a police officer or any law enforcement officer shall issue one written warning to an individual. If the individual fails to comply after one warning, such individual shall be given a citation. Failure to comply afte…

I. No person or entity subject to the provisions of this chapter shall be liable for any claim at law or in equity as a result of action taken pursuant to the requirements of this chapter. II. Notwithstanding any rule of evidence or law to the contrary, evidence of a parent's cri…

No person receiving aid under this chapter shall be affected thereby in any civil or political rights, nor shall their identity be disclosed except upon written order of the commissioner of the department of health and human services.

If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application, and to this…

I. The department of health and human services, in conjunction with the office of the chief medical examiner and in accordance with RSA 611-B, shall establish a child fatality review committee to conduct comprehensive, multidisciplinary reviews of preventable infant, child, and y…