New Hampshire Revised Statutes 141-C:20-f – Immunization Registry
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I. The department shall establish and maintain a state immunization registry. The registry shall be a single repository of accurate, complete and current immunization records to aid, coordinate, and promote effective and cost-efficient disease prevention and control efforts.
II. No patient, or the patient’s parent or guardian if the patient is a minor, shall be required to participate in the immunization registry.
II-a. Each patient, or the patient’s parent or guardian if the patient is a minor, shall be given the opportunity to opt-out or opt-in to the immunization registry. No patient’s personal data, such as name, address, date of birth, immunization, or vaccination information, shall be entered into the registry without the explicit, written or electronic consent of the patient, or the patient’s parent or guardian.
III. Physicians, nurses, and other health care providers may report an immunization to the immunization registry unless the patient, or the patient’s parent or guardian if the patient is a minor, refuses to allow reporting of this information.
III-a. A patient, or the patient’s parent or guardian if the patient is a minor, may withdraw from participation in, and request the removal of information from, the registry at any time by submitting a request for withdrawal directly to the department of health and human services. The form shall be signed by a health care provider, or the form shall be notarized by an official authorized by a governmental authority to notarize the signature. If the patient is a minor, the form shall require the signature of a health care provider or the notarized signature of the minor’s parent or legal guardian. The form provided by the department shall include information and consequences of withdrawing from the registry and that the responsibility to maintain vaccination records becomes the responsibility of the patient or the patient’s parent or guardian if the patient is a minor.
IV. Access to the information in the registry shall be limited to primary care physicians, nurses, other appropriate health care providers as determined by the commissioner, schools, child care agencies, and government health agencies or researchers demonstrating a legitimate need for such information as determined by the commissioner.
V. The information contained in the registry shall be used for the following purposes:
(a) To ensure that registrants receive all recommended immunizations in a timely manner by providing access to the registrant’s immunization record.
(b) To improve immunization rates by facilitating notice to registrants of overdue or upcoming immunizations.
(c) To control communicable diseases by assisting in the identification of individuals who require immediate immunization in the event of a disease outbreak.
VI. The commissioner shall adopt rules under N.H. Rev. Stat. Chapter 541-A concerning the following:
(a) The establishment and maintenance of the immunization registry.
(b) The methods for submitting and content of reports of immunizations.
(c) Procedures for the patient, or the patient’s parent or guardian if the patient is a minor, to decline to participate in the registry.
(d) Procedures for the registrant, or the registrant’s parent or guardian if the registrant is a minor, to review and correct information contained in the registry.
(e) Procedures for the registrant, or the registrant’s parent or guardian if the registrant is a minor, to withdraw consent for participation at any time and to remove information from the registry.
(f) Limits on and methods of access to the registry by those authorized to gain access under paragraph IV of this section.
(g) Procedures for managed care organizations to obtain summary statistics of immunization information on managed care organization members from the immunization registry.
VII. Any person reporting, receiving, or disclosing information to or from the immunization registry as authorized by this section or by any rule adopted pursuant to this section shall not be liable for civil damages of any kind connected with such submission or disclosure of immunization information.
VIII. Nothing in this section is intended to affect the obligations of persons under N.H. Rev. Stat. § 141-C:20-a to have their children properly immunized.
IX. Nothing in this section shall preclude the right of the patient, or the patient’s parent or guardian if the patient is a minor, to claim exemption from immunization as defined in N.H. Rev. Stat. § 141-C:20-c; nor shall anything in this section require such patient to be included in the registry if the patient, or the patient’s parent or guardian if the patient is a minor, objects thereto on any grounds, including but not limited to, that such registry conflicts with the religious beliefs of the patient, or the patient’s parent or guardian if the patient is a minor.
X. No health care provider or any other entity identified in paragraph IV shall discriminate in any way against a person solely because that person elects not to participate in the immunization registry.
II. No patient, or the patient’s parent or guardian if the patient is a minor, shall be required to participate in the immunization registry.
Terms Used In New Hampshire Revised Statutes 141-C:20-f
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
II-a. Each patient, or the patient’s parent or guardian if the patient is a minor, shall be given the opportunity to opt-out or opt-in to the immunization registry. No patient’s personal data, such as name, address, date of birth, immunization, or vaccination information, shall be entered into the registry without the explicit, written or electronic consent of the patient, or the patient’s parent or guardian.
III. Physicians, nurses, and other health care providers may report an immunization to the immunization registry unless the patient, or the patient’s parent or guardian if the patient is a minor, refuses to allow reporting of this information.
III-a. A patient, or the patient’s parent or guardian if the patient is a minor, may withdraw from participation in, and request the removal of information from, the registry at any time by submitting a request for withdrawal directly to the department of health and human services. The form shall be signed by a health care provider, or the form shall be notarized by an official authorized by a governmental authority to notarize the signature. If the patient is a minor, the form shall require the signature of a health care provider or the notarized signature of the minor’s parent or legal guardian. The form provided by the department shall include information and consequences of withdrawing from the registry and that the responsibility to maintain vaccination records becomes the responsibility of the patient or the patient’s parent or guardian if the patient is a minor.
IV. Access to the information in the registry shall be limited to primary care physicians, nurses, other appropriate health care providers as determined by the commissioner, schools, child care agencies, and government health agencies or researchers demonstrating a legitimate need for such information as determined by the commissioner.
V. The information contained in the registry shall be used for the following purposes:
(a) To ensure that registrants receive all recommended immunizations in a timely manner by providing access to the registrant’s immunization record.
(b) To improve immunization rates by facilitating notice to registrants of overdue or upcoming immunizations.
(c) To control communicable diseases by assisting in the identification of individuals who require immediate immunization in the event of a disease outbreak.
VI. The commissioner shall adopt rules under N.H. Rev. Stat. Chapter 541-A concerning the following:
(a) The establishment and maintenance of the immunization registry.
(b) The methods for submitting and content of reports of immunizations.
(c) Procedures for the patient, or the patient’s parent or guardian if the patient is a minor, to decline to participate in the registry.
(d) Procedures for the registrant, or the registrant’s parent or guardian if the registrant is a minor, to review and correct information contained in the registry.
(e) Procedures for the registrant, or the registrant’s parent or guardian if the registrant is a minor, to withdraw consent for participation at any time and to remove information from the registry.
(f) Limits on and methods of access to the registry by those authorized to gain access under paragraph IV of this section.
(g) Procedures for managed care organizations to obtain summary statistics of immunization information on managed care organization members from the immunization registry.
VII. Any person reporting, receiving, or disclosing information to or from the immunization registry as authorized by this section or by any rule adopted pursuant to this section shall not be liable for civil damages of any kind connected with such submission or disclosure of immunization information.
VIII. Nothing in this section is intended to affect the obligations of persons under N.H. Rev. Stat. § 141-C:20-a to have their children properly immunized.
IX. Nothing in this section shall preclude the right of the patient, or the patient’s parent or guardian if the patient is a minor, to claim exemption from immunization as defined in N.H. Rev. Stat. § 141-C:20-c; nor shall anything in this section require such patient to be included in the registry if the patient, or the patient’s parent or guardian if the patient is a minor, objects thereto on any grounds, including but not limited to, that such registry conflicts with the religious beliefs of the patient, or the patient’s parent or guardian if the patient is a minor.
X. No health care provider or any other entity identified in paragraph IV shall discriminate in any way against a person solely because that person elects not to participate in the immunization registry.