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Research in New Hampshire

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In general, health care providers must maintain medical information in a confidential manner. However, they may disclose the information for limited purposes including research.1

Patients have the right to be informed about a health care facility or provider’s desire to conduct medical research and to provide written informed consent prior to participating in the research.2 New Hampshire law allows a health care facility that is engaged in medical research to test for HIV without first obtaining informed consent.3 The facility that performs the HIV tests must ensure individual identifying information be kept confidential and not included in research data and reports.4 The Department of Health and Human Services must establish the committee for the protection of human subjects to oversee research funded by the department that focus on people with mental illness, developmental disabilities and substance abuse disorders.5

The Department of Health and Human Services must conduct health-related research or disclose information to researchers on specific conditions or diseases.6 Medical or scientific data obtained or disclosed for research purposes by the Department of Health and Human Services is confidential and may not be disclosed.7

The New Hampshire Division of Vital Records Administration must collect vital records information.8 The information is confidential and may be disclosed for health-related research or to the public with individually-identifiable information removed.9 The Department of Health and Human Services’ Bureau of Health Statistics and Data Management is the state’s health statistic center and is authorized to access vital records data.10 The department must establish an independent board to review requests for vital records information to conduct health-related research.11

Health care facilities must report the utilization of health care services to the Department of Health and Human Services.12 The information may be used for health-related purposes.13 The department must provide access to the data to the Health Services Planning and Review Board and annually report the information to the state legislature. 14

 

Footnotes

  • 1. Revised Statutes of the State of New Hampshire §172:8-a; 318:47-f; 318-B:12-a
  • 2. Revised Statutes of the State of New Hampshire §§151:21; 151:21-b; 332-I:2; 415:19-I
  • 3. Revised Statutes of the State of New Hampshire §141-F:5
  • 4. New Hampshire Code of Administrative Rules He-P §305.04
  • 5. Revised Statutes of the State of New Hampshire §171-A:19-a
  • 6. Revised Statutes of the State of New Hampshire §§132:2; 137-K:7; 137-K:8; 141-A:2;141-A:5; 141-A:6; 141-B:9; 141-B:10; 141-J:4
  • 7. Revised Statutes of the State of New Hampshire §126-A:11
  • 8. Revised Statutes of the State of New Hampshire §5-C:2
  • 9. Revised Statutes of the State of New Hampshire §§5-C:3; 5-C:9; 5-C:108; 5-C:110
  • 10. Revised Statutes of the State of New Hampshire §§126:24-b; 126:24-c; 151:13
  • 11. Revised Statutes of the State of New Hampshire §§126:24-d; 126:24-e; 126:24-I; 126:28
  • 12. Revised Statutes of the State of New Hampshire §126:25
  • 13. Revised Statutes of the State of New Hampshire §126:28
  • 14. Revised Statutes of the State of New Hampshire §126:26

 

Research in New Hampshire

Subtopic Statute/Regulation Description
Research N.H. Rev. Stat. Ann. § 126:26 - Data review The Department of Health and Human Services must prepare a report on the data it collects annually from health care facilities and submit it to the...
N.H. Rev. Stat. Ann. § 132:2 - Duties under protection for maternity and infancy In order to protect mothers and infants, the commissioner of the department of health and human services must, amongst other things: conduct the...
N.H. Rev. Stat. Ann. § 171-A:19-a - Committee for the protection of human subjects The Department of Health and Human Services must establish an institutional review board which must be called the committee for the protection of...
N.H. Rev. Stat. Ann. § 415:18-l - Coverage required for qualified clinical trials Providers participating in clinical trials must obtain a patient’s informed consent for participation in the clinical trial. A written consent...
New Hampshire Code of Administrative Rules He-M §311.06 “Treatment 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 §305.04 “Procedures for confidentially testing HIV specimens for medical records under the division of public health services regulations” Every...
Revised Statutes of the State of New Hampshire §126-A:11 “Medical and scientific research information under the public health law” Personal medical or scientific data obtained by the Department...
Revised Statutes of the State of New Hampshire §126:24-b “Intent under the public health law” The Department of Health and Human Services’ bureau of health statistics and data management...
Revised Statutes of the State of New Hampshire §126:24-c “Access to information from vital records for public health purposes under the public health law” The Department of Health and Human...
Revised Statutes of the State of New Hampshire §126:24-d “Disclosure of information from vital records under the public health law” All protected health information contained in vital records...
Revised Statutes of the State of New Hampshire §126:24-e “Institutional review board under the public health law” An independent board is established under the Department of Health and Human...
Revised Statutes of the State of New Hampshire §126:24-i “Penalty under the public health law” Any person who improperly discloses vital records information is guilty of a class B felony....
Revised Statutes of the State of New Hampshire §126:28 “Availability of data under the public health law” Health care data reported by nursing homes, acute health hospitals, residential care...
Revised Statutes of the State of New Hampshire §137-K:7 “Disclosure; confidentiality under the public health law” Information maintained by the brain and spinal cord injury registry is...
Revised Statutes of the State of New Hampshire §137-K:8 “Maintenance of reports under the public health law” Reports provided to the brain and spinal cord injury registry and analyses and data...
Revised Statutes of the State of New Hampshire §141-A:2 “Definitions under the Critical Health Problems Reporting Act” A “critical health problem” means any of the following: lead...
Revised Statutes of the State of New Hampshire §141-A:5 “Form under the Critical Health Problems Reporting Act” A report relating to a critical health problem which discloses the identity of an...
Revised Statutes of the State of New Hampshire §141-A:6 “Maintenance of reports under the Critical Health Problems Reporting Act” Critical health problem reports and data must be maintained by...
Revised Statutes of the State of New Hampshire §141-B:10 “Maintenance of reports under the public health law” Reports provided to the cancer registry and analyses and data prepared by the...
Revised Statutes of the State of New Hampshire §141-B:9 “Disclosures; confidentiality under the public health law” Information contained in the cancer registry that identifies individual...
Revised Statutes of the State of New Hampshire §141-F:5 “Consent for testing; exceptions under the public health law” A health care professional may test a patient for HIV only with the patient...
Revised Statutes of the State of New Hampshire §141-J:4 “Program ability to share data under the public health law” The Birth Conditions Program staff may use or disclose individually...
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 §172:8-a “Confidentiality of client records under the public safety and welfare law” Records or information regarding any client of a substance...
Revised Statutes of the State of New Hampshire §318-B:12-a “Treatment for drug abuse under the Controlled Drug Act” Any minor 12 years of age or older may voluntarily admit himself to treatment...
Revised Statutes of the State of New Hampshire §332-I:2 “Patient information under the occupations and professions law” A patient receiving mental health treatment has the following rights...
Revised Statutes of the State of New Hampshire §5-C:108 “Procedures for requesting vital records data for health-related research under the state and its government law” Vital records data and...
Revised Statutes of the State of New Hampshire §5-C:110 “Public use statistical file under the state and its government law” The Department of Health and Human Services must make statistical...
Revised Statutes of the State of New Hampshire §5-C:2 “Division of vital records administration established under the state and its government law” The Department of State must establish a...
Revised Statutes of the State of New Hampshire §5-C:3 “Declaration of policy, purpose and scope under the state and its government law” The division of vital records administration must:...
Revised Statutes of the State of New Hampshire §5-C:9 “Disclosure of information from vital records under the state and its government law” Vital records may only be released to individuals...
Click on the individual state law in the table above to see our summary of the individual law.


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