Skip to Content

Patient Safety in New Hampshire

Every hospital must report the following to the Department of Health and Human Services:

  • Hospital-acquired infections;1
  • Adverse events relating to emergency medical services, surgeries, medical devices, patient deaths, accidental falls, crime;2
  • Maternal deaths.3

New Hampshire law states that patients have the right to be free from abuse, neglect, exploitation, corporal punishment, involuntary seclusion, and unnecessary chemical and physical restraints.4  Health care professionals must report abuse or neglect of a patient.5 The Department of Health and Human Services’ files on its investigations of abuse, neglect or exploitation may only be disclosed with the written consent of the victim or the victim’s representative or upon court order.6 The attorney general is responsible for the investigation and prosecution of patient abuse or neglect in any health care facility.7  A health care facility must not retaliate against an individual who files a report of patient abuse or neglect.8

A patient has the right to file a complaint against a health care facility or provider. A health care facility must conspicuously post in a public area a description of its complaint procedures and a copy of the notice of any pending hearing or order pertaining to the facility issued by the commissioner of health or a court.9  A patient of a residential care facility must be provided written notice of how to contact the long-term care ombudsman and the federally-designated protection and advocacy agency for individuals with disabilities prior to transfer or discharge.10 Any person whose rights were violated by a health care facility may file an action in court.11

The Department of Health and Human Services’ Office of the Ombudsman must investigate and resolve complaints filed by individuals against health care providers and facilities.12 The department must also have a long-term ombudsman to investigate and resolve complaints on behalf of elderly residents of long-term care facilities.13 A long-term care facility must not retaliate against an individual for communicating with the long-term care ombudsman.14

A health care provider may be sanctioned for unprofessional conduct or practices in a manner that harms a patient.15 A health care facility, a health care provider, insurer providing professional liability insurance, and the Department of Health and Human Services must report to the appropriate licensing board any acts of misconduct, disciplinary action or lawsuit against a licensed health care professional.16

 

Footnotes

  • 1. Revised Statutes of the State of New Hampshire §§151:33; 151:34; 151:35
  • 2. Revised Statutes of the State of New Hampshire §§151:38; 151:39; 151:40; 153-A:34
  • 3. Revised Statutes of the State of New Hampshire §§132:30; 132:31
  • 4. Revised Statutes of the State of New Hampshire §§126-U:4; 126-U:5; 126-U:9; 135-C:56; 151:21; 151:21-b; 631:8
  • 5. Revised Statutes of the State of New Hampshire §161-F:46; 161-F:47; 161-F:48; 161-F:49; 161-F:50; 161-F:53; 161-F:56
  • 6. Revised Statutes of the State of New Hampshire §161-F:57
  • 7. Revised Statutes of the State of New Hampshire §151:27
  • 8. Revised Statutes of the State of New Hampshire §151:27
  • 9. Revised Statutes of the State of New Hampshire §151:29
  • 10. Revised Statutes of the State of New Hampshire §151:26
  • 11. Revised Statutes of the State of New Hampshire §151:30
  • 12. Revised Statutes of the State of New Hampshire §§126-A:4; 151:28
  • 13. Revised Statutes of the State of New Hampshire §§161-F:10; 161-F:12; 161-F:13; 161-F:14; 161-F:16; 161-F:17; 161-F:18; 161-F:19
  • 14. Revised Statutes of the State of New Hampshire §161-F:15
  • 15. Revised Statutes of the State of New Hampshire §§137-F:18; 137-F:23; 315:9; 315:10; 315:10-B; 317-A:17; 317-A:18; 317-A:18-b; 318:29; 318:30; 318:30-a; 326-B:37; 328-D:6328-F:25; 328-F:26; 329:17; 328:18-b; 329-B:21; 329-B:24; 330-A:27; 330-A:30; 330-A:36; 330-A:37; 330-C:27
  • 16. Revised Statutes of the State of New Hampshire §§151-6-b; 151:13; 326-B:38; 329:18; 329-B:31; 330-C:28

 

Patient Safety in New Hampshire

Subtopic Statute/Regulation Description
Patient Safety New Hampshire Code of Administrative Rules Occ §405.01 “Definitions under the governing board of occupational therapists”  “Sexual misconduct” means engaging in sexual...
New Hampshire Code of Administrative Rules Ch §403.01 “Misconduct under the board of acupuncture licensing regulation” A chiropractor is guilty of misconduct for a variety of grounds...
New Hampshire Code of Administrative Rules Ch §403.03 “Sexual conduct as unprofessional conduct under the board of chiropractic examiners regulation” Engaging in sexual conduct with a patient...
New Hampshire Code of Administrative Rules Ch §406.08 “Obligations to report certain complaints the word under the board of chiropractic examiners regulation” A chiropractor must report to...
New Hampshire Code of Administrative Rules Den §501.01 “Ethical duties under the board of dental examiners regulations” (m) When dental records are discarded, dentists must destroy them by...
New Hampshire Code of Administrative Rules Hcp § 402.03 “Suspension under the board of hearing care providers regulations” An audiologist or hearing aid dealer’s license may be suspended...
New Hampshire Code of Administrative Rules He-M § 202.01 “Purpose under the division of mental health and developmental services regulations” The purpose of these regulations is to define the...
New Hampshire Code of Administrative Rules He-M § 204.01 “Purpose under the division of mental health and developmental services regulations” The purpose of the following regulations is to...
New Hampshire Code of Administrative Rules He-M § 204.02 “Definitions under the division of mental health and developmental services regulations”  “Abuse” is an act or omission...
New Hampshire Code of Administrative Rules He-M § 204.04 “Allegations of abuse, neglect, and exploitation under the division of mental health and developmental services regulations” Any person...
New Hampshire Code of Administrative Rules He-M § 204.05 “Complaint under the division of mental health and developmental services regulations” A complaint may be made by any person including an...
New Hampshire Code of Administrative Rules He-M §202.02 “Definitions under the division of mental health and developmental services regulations”  (a) “Abuse” means an...
New Hampshire Code of Administrative Rules He-M §202.03 “Complaints under the division of mental health and developmental services regulations” A complaint may be made by any person including...
New Hampshire Code of Administrative Rules He-M §202.04 “Responsibility to raise under the division of mental health and developmental services regulations” The Department of Health and Human...
New Hampshire Code of Administrative Rules He-M §204.03 “Responsibility for rights protection under the division of mental health and developmental services regulations” Each state mental...
New Hampshire Code of Administrative Rules He-M §311.05 “Personal rights under the division of mental health and developmental services regulations” Clients of state mental health facilities...
New Hampshire Code of Administrative Rules He-P § 309.06 “Surgical site infections under the division of public health services regulations” Hospitals must monitor surgical site infections and...
New Hampshire Code of Administrative Rules He-P § 803.23 “Infection control under the division of public health services regulations” All nursing home facilities must have an infection control...
New Hampshire Code of Administrative Rules He-P § 809.14 “Duties and responsibilities of all licensees under the division of public health services regulations” A care plan of a home health care...
New Hampshire Code of Administrative Rules He-P § 812.15 “Adverse event reporting under the division of public health services regulations” Ambulatory surgical centers must report to the...
New Hampshire Code of Administrative Rules He-P §309.02 “Reporting requirements under the division of public health services regulations” All hospitals and ambulatory surgical centers must...
New Hampshire Code of Administrative Rules He-P §309.03 “Catheter-associated urinary-tract infections under the division of public health services regulations” Hospitals must monitor catheter-...
New Hampshire Code of Administrative Rules He-P §309.04 “Central line-associated blood stream infections under the division of public health services regulations” Hospitals must monitor central...
New Hampshire Code of Administrative Rules He-P §309.05 “Central line insertion practices under the division of public health services regulations” Hospitals must monitor central line insertion...
New Hampshire Code of Administrative Rules He-P §601.03 “Definitions under the division of public health services regulations”  (q) “Other qualified agency” means an entity...
New Hampshire Code of Administrative Rules He-P §601.10 “Duties and responsibilities to other qualified agencies under the division of public health services regulations” An other qualified...
New Hampshire Code of Administrative Rules He-P §802.14 “Duties and responsibilities of all licensees under the division of public health services regulations” A hospital is responsible for...
New Hampshire Code of Administrative Rules He-P §802.15 “Adverse reporting under the division of public health services regulations” A hospital must report to the Department of Health and Human...
New Hampshire Code of Administrative Rules He-P §803.14 “Duties and responsibilities under the division of public health services regulations” A nursing home is responsible for meeting a...
New Hampshire Code of Administrative Rules He-P §809.19 “Infection control and sanitation under the division of public health services regulations” A home health care provider must develop and...
New Hampshire Code of Administrative Rules He-P §810.14 “Duties and responsibilities of the licensee under the division of public health services regulations”     ...
New Hampshire Code of Administrative Rules He-P §811.14 “Duties and responsibilities of all licensees under the division of public health services regulations” End stage renal disease dialysis...
New Hampshire Code of Administrative Rules He-P §812.14 “Duties and responsibilities of all licensees under the division of public health services regulations” Ambulatory surgical centers must...
New Hampshire Code of Administrative Rules Ins § 3801.4 “Detailed reporting requirements under the insurance department regulations” Each insurer providing medical professional liability...
New Hampshire Code of Administrative Rules Ins §1103.04 “Disclosure to the department of health and human services under the Insurance Department regulations” The regulations protecting the...
New Hampshire Code of Administrative Rules Med § 609.01 “Disciplinary action under the board of medicine regulations” Professional misconduct by physician assistants includes the following...
New Hampshire Code of Administrative Rules Med §501.01 “Obligation to obey under the board of medicine regulations” A licensed physician must comply with ethical standards and any violation...
New Hampshire Code of Administrative Rules Med §501.02 “Standards of conduct under the board of medicine regulations” A licensed physician must maintain complete and accurate medical records...
New Hampshire Code of Administrative Rules Mhp § 501.01 “Obligation to obey under the board of mental health practice regulations” All licensed mental health practitioners are bound to ethical...
New Hampshire Code of Administrative Rules Mhp §501.02 “Code of Ethics under the board of mental health practice regulations” Psychologists, pastoral psychotherapists, clinical social workers...
New Hampshire Code of Administrative Rules Mhp §502.01 “Responsibilities of licensees under the board of mental health practice regulations” All mental health practitioners’ offices must...
New Hampshire Code of Administrative Rules Nat §404.01 “Misconduct under the naturopathic board of examiners regulations” A naturopathic physician engages in misconduct if he: Practices...
New Hampshire Code of Administrative Rules Nur § 402.04 “Disciplinary sanctions under the board of registration in optometry regulations” All licensed nursing assistants, practical nurses,...
New Hampshire Code of Administrative Rules Occ § 405.04 “Procedure for imposition of sanctions under the governing board of occupational therapists” The board must impose disciplinary sanctions...
New Hampshire Code of Administrative Rules Occ §405.02 “Misconduct under the governing board of occupational therapists”  “Misconduct” means: Violations of ethical...
New Hampshire Code of Administrative Rules Occ §405.03 “Sanctions under the governing board of occupational therapists” The governing board of occupational therapists is authorized to use the...
New Hampshire Code of Administrative Rules Occ §502.01 “AOTA Code of Ethics as binding ethical standards under the governing board of occupational therapists” Occupational therapists must...
New Hampshire Code of Administrative Rules Occ §502.02 “Violation of ethical standards as misconduct under the governing board of occupational therapists” A violation of ethical standards...
New Hampshire Code of Administrative Rules Opt §502.02 “Standards of conduct under the board of registration in optometry regulations” Optometrists must refrain from revealing patients’...
New Hampshire Code of Administrative Rules Ph §501.01 “Standards of conduct under the pharmacy board regulations” A licensed pharmacist must practice in accordance to prevailing professional...
New Hampshire Code of Administrative Rules Ph §710.01 “Liability for administrative fines under the pharmacy board regulations” Health care professionals and organizations subject to the...
New Hampshire Code of Administrative Rules Phy 405.01 “Misconduct under the Governing Board of Physical Therapists regulations” A physical therapist is guilty of misconduct if he:...
New Hampshire Code of Administrative Rules Phy 405.02 “Sanctions under the Governing Board of Physical Therapists regulations” The governing board of physical therapists is authorized to use...
New Hampshire Code of Administrative Rules Phy 405.03 “Procedure for imposition of sanctions under the Governing Board of Physical Therapists regulations” The board must impose disciplinary...
New Hampshire Code of Administrative Rules Phy § 501.02 “Ethical standards for physical therapists under the Governing Board of Physical Therapists regulations” Physical therapists must comply...
New Hampshire Code of Administrative Rules Phy §501.03 “Ethical standards for physical therapists assistants under the Governing Board of Physical Therapists regulations” Physical assistants...
New Hampshire Code of Administrative Rules Pod § 501.01 “Violations of APMA ethical guidelines under the Board of Podiatry regulations” Violations of the American Podiatric Medical Association...
New Hampshire Code of Administrative Rules Rec § 502.01 “Ethical standards under the board of recreational therapists regulations” Recreation therapists must follow the Principles of the Code...
New Hampshire Code of Administrative Rules Rec §404.01 “Misconduct under the board of recreational therapists regulations” A recreational therapist engages in misconduct if he: Violates...
New Hampshire Code of Administrative Rules Resp § 502.01 “AARC statement of ethics and professional conduct under the board of respiratory care practitioner regulations” Respiratory care...
New Hampshire Code of Administrative Rules Resp § 502.02 “Violation of ethical standards as misconduct under the board of respiratory care practitioner regulations” Respiratory care...
New Hampshire Code of Administrative Rules Resp §405.01 “Misconduct under the board of respiratory care practitioner regulations” Respiratory care practitioners engage in misconduct if he:...
Revised Statutes Annotated of the State of New Hampshire §151:33 “Hospitals and ambulatory surgical facilities required to report under the hospitals and sanitaria law” Every hospital and...
Revised Statutes Annotated of the State of New Hampshire §151:34 “Statewide database required under the hospitals and sanitaria law” The Department of Health and Human Services must establish a...
Revised Statutes Annotated of the State of New Hampshire §151:35 “Limitation under the hospitals and sanitaria law” No hospital or ambulatory surgical facility may provide any data that identifies a...
Revised Statutes Annotated of the State of New Hampshire §151:38 “Hospitals and ambulatory surgical centers required to report adverse events under the hospitals and sanitaria law” Any hospital or...
Revised Statutes Annotated of the State of New Hampshire §151:39 “Commissioner’s duties and responsibilities under the hospitals and sanitaria law” The Department of Health and Human Services must...
Revised Statutes Annotated of the State of New Hampshire §326-B:37 “Disciplinary action; misconduct under the occupations and professions law” The board of nursing may discipline a nurse for a variety of...
Revised Statutes Annotated of the State of New Hampshire §326-B:38 “Investigations and hearings under the occupations and professions law” Complaints of a nurse’s misconduct must be submitted to the...
Revised Statutes Annotated of the State of New Hampshire §330-A:36 “Sexual misconduct subject to disciplinary action under the occupations and professions law” A mental health practitioner who engages in...
Revised Statutes Annotated of the State of New Hampshire §330-A:37 “Sexual misconduct; duty to inform under the occupations and professions law” A mental health practitioner has a duty to report unethical...
Revised Statutes of the State of New Hampshire § 151:40 “Penalties; fund established under the hospitals and sanitaria law” A facility that fails to file a timely adverse event report, conduct...
Revised Statutes of the State of New Hampshire § 330-A: 27 “Disciplinary action under the occupations and professions law” A mental health practitioner may be disciplined for misconduct which...
Revised Statutes of the State of New Hampshire § 631:8 “Criminal neglect of elderly, disabled, or impaired adults under the criminal code” A caregiver who purposely injures an elderly,...
Revised Statutes of the State of New Hampshire §126-A:4 “Department established under the public health law” The Department of Health and Human Services must establish an office of the...
Revised Statutes of the State of New Hampshire §126-U:4 “Prohibition of dangerous restraint techniques under the public health law” Hospitals, community mental health centers, area agencies,...
Revised Statutes of the State of New Hampshire §126-U:5 “Limitation of the use of restraint to emergencies only under the public health law” Hospitals, community mental health centers, area...
Revised Statutes of the State of New Hampshire §126-U:9 “Review of restraint records by Department of Health and Human Services under the public health law” The commissioner of health and human...
Revised Statutes of the State of New Hampshire §132:30 “Maternal mortality review panel established under the public health law” The Department of Health and Human Services must establish a...
Revised Statutes of the State of New Hampshire §132:31 “Acquisition of information related to maternal mortality under the public health law” The findings of a root analysis after a maternal...
Revised Statutes of the State of New Hampshire §135-C:56 “Fundamental rights under the public health law” Every person receiving treatment for mental illness: Must not be deprived of any legal...
Revised Statutes of the State of New Hampshire §137-F:18 “Refusal to issue license or registration; revocation or suspension under the public health law” A hearing care provider’s license...
Revised Statutes of the State of New Hampshire §137-F:23 “Temporary suspension under the public health law” A hearing care provider’s license may be suspended if his actions created an...
Revised Statutes of the State of New Hampshire §151:13 “Information confidential under the hospitals and sanitaria law” Information, other than reports relating to vital statistics, received...
Revised Statutes of the State of New Hampshire §151:21 “Patients’ bill of rights under the hospitals and sanitaria law” Every patient admitted to a healthcare facility has the following...
Revised Statutes of the State of New Hampshire §151:26 “Transfer or discharge of patients under the hospitals and sanitaria law”   Transfer or discharge of a patient must be preceded by...
Revised Statutes of the State of New Hampshire §151:27 “Abuse of facility patients under the hospitals and sanitaria law” A residential care or health care facility and its employees must not...
Revised Statutes of the State of New Hampshire §151:28 “Access of approved organizations under the hospitals and sanitaria law” The office of ombudsman must designate an organization...
Revised Statutes of the State of New Hampshire §151:29 “Posting requirement under the hospitals and sanitaria law” A residential care or health care facility must conspicuously post in a...
Revised Statutes of the State of New Hampshire §151:6-b “Report of disciplinary action under the hospitals and sanitaria law” A residential care and health care facility must report to the...
Revised Statutes of the State of New Hampshire §153-A:34 “Quality management program under the public safety and welfare law” A quality management program is a comprehensive evaluation and...
Revised Statutes of the State of New Hampshire §161-F:10 “Office established under the public safety and welfare law” The Long-term Care Ombudsman is established under the Department of Health...
Revised Statutes of the State of New Hampshire §161-F:12 “Long-term care ombudsman under the public safety and welfare law” The commissioner of health and human services, in consultation with...
Revised Statutes of the State of New Hampshire §161-F:13 “Powers and duties under the public safety and welfare law” The long-term care ombudsman must: Investigate any act, omission,...
Revised Statutes of the State of New Hampshire §161-F:14 “Access to facilities, residents, and records under the public safety and welfare law” In the course of an investigation, a long-term...
Revised Statutes of the State of New Hampshire §161-F:15 “Retaliation prohibited; penalty under the public safety and welfare law” A long-term care facility may not take disciplinary or...
Revised Statutes of the State of New Hampshire §161-F:16 “Cooperation required under the public safety and welfare law” All state agencies must cooperate with the office of the long-term care...
Revised Statutes of the State of New Hampshire §161-F:17 “Review; reports required under the public safety and welfare law” The long-term care ombudsman must establish and maintain a statewide...
Revised Statutes of the State of New Hampshire §161-F:18 “Immunity from liability under the public safety and welfare law” Any person, institution or official who in good faith participates in...
Revised Statutes of the State of New Hampshire §161-F:19 “Litigation prohibited under the public safety and welfare law” The long-term care ombudsman is prohibited from serving as a legal...
Revised Statutes of the State of New Hampshire §161-F:46 “Reports of adult abuse; investigations under the public safety and welfare law” Any person, including physicians and other health care...
Revised Statutes of the State of New Hampshire §161-F:47 “Immunity from liability under the public safety and welfare law” Any person who makes a good faith report of an incident of adult abuse...
Revised Statutes of the State of New Hampshire §161-F:48 “Abrogation of privileged communication under the public safety and welfare law” The husband and wife privilege and any professional...
Revised Statutes of the State of New Hampshire §161-F:49 “Registry under the public safety and welfare law” The Department of Health and Human Services must establish a state registry to...
Revised Statutes of the State of New Hampshire §161-F:50 “Penalty for violation under the public safety and welfare law” Any person who fails to make a report of adult abuse, neglect, or...
Revised Statutes of the State of New Hampshire §161-F:53 “Entry of premises under the public safety and welfare law” If an incapacitated adult or caregiver refuses to allow a representative of...
Revised Statutes of the State of New Hampshire §161-F:56 “Access to information under the public safety and welfare law” The Department of Health and Human Services’ representative may...
Revised Statutes of the State of New Hampshire §161-F:57 “Access to files; confidentiality under the public safety and welfare law” The Department of Health and Human Services’ files on...
Revised Statutes of the State of New Hampshire §315:10 “Investigations and preliminary hearings under the occupations and professions law” Any person can file a written complaint to the board...
Revised Statutes of the State of New Hampshire §315:10-b “Temporary suspension where imminent threat under the occupations and professions law” A podiatrist’s license may be suspended in...
Revised Statutes of the State of New Hampshire §315:9 “Disciplinary action under the occupations and professions law” Podiatrists may face disciplinary action such as having their licenses...
Revised Statutes of the State of New Hampshire §317-A:17 “Professional misconduct under the occupations and professions law” Dentists or dental hygienists may be disciplined for misconduct which...
Revised Statutes of the State of New Hampshire §317-A:18 “Investigatory powers of the board; complaints under the occupations and professions law” Any complaint of dentists and dental hygienists...
Revised Statutes of the State of New Hampshire §317-A:18-b “Temporary suspension where imminent threat under the occupations and professions law” A dentist or dental hygienist’s license may...
Revised Statutes of the State of New Hampshire §318:29 “Disciplinary action under the occupations and professions law” A pharmacist may be disciplined for misconduct which includes: Any...
Revised Statutes of the State of New Hampshire §318:30 “Investigatory powers of the board; complaints under the occupations and professions law” Complaints of pharmacists’ misconduct...
Revised Statutes of the State of New Hampshire §318:30-a “Temporary suspension where imminent threat under the occupations and professions law” A pharmacist’s license may be suspended in...
Revised Statutes of the State of New Hampshire §328-D:6 “Grounds for discipline under the occupations and professions law” Physician assistants may face disciplinary sanctions for: Failing...
Revised Statutes of the State of New Hampshire §328-F:25 “Obligation to report; immunities under the occupations and professions law” Insurers, health care organizations, and health care...
Revised Statutes of the State of New Hampshire §328-F:26 “Temporary suspension where imminent threat under the occupations and professions law” Allied health professionals’ licenses may be...
Revised Statutes of the State of New Hampshire §329-B:21 “Disciplinary action under the occupations and professions law” Psychologists may be disciplined for misconduct which includes: Any...
Revised Statutes of the State of New Hampshire §329-B:24 “Temporary suspension where imminent threat under the occupations and professions law” A psychologist’s license may be suspended in...
Revised Statutes of the State of New Hampshire §329-B:31 “Sexual misconduct; duty to inform under the occupations and professions law” If a psychologist’s client alleges that another...
Revised Statutes of the State of New Hampshire §329:17 “Disciplinary action; remedial reporting under the hospitals and sanitaria law” The board of medicine may initiate a disciplinary...
Revised Statutes of the State of New Hampshire §329:18 “Investigations under the occupations and professions law” Any person may file a written complaint with the board of medicine alleging...
Revised Statutes of the State of New Hampshire §329:18-b “Temporary suspension where imminent threat under the occupations and professions law” A physician and surgeon’s license may be...
Revised Statutes of the State of New Hampshire §330-A:30 “Temporary suspension where imminent threat under the occupations and professions law” A mental health practitioner’s license may...
Revised Statutes of the State of New Hampshire §330-C:27 “Disciplinary action; misconduct under the occupations and professions law” The board may undertake investigations and disciplinary...
Revised Statutes of the State of New Hampshire §330-C:28 “Investigations and hearings under the occupations and professions law” Complaints of misconduct against alcohol and other drug use...