RSA 106-H:14 · Information Not Subject to Right-to-Know Law

106-H:14 Information Not Subject to Right-to-Know Law. –

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I.

Any information or records compiled under this chapter shall not be considered a public record for the purposes of RSA 91-A regardless of the use of such information under paragraph II.

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II.

Notwithstanding paragraph I, the division shall make information or records compiled under this chapter available only as follows:

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(a)

On a case-by-case basis to a law enforcement agency that requires the information or records for investigative purposes;

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(b)

To the department of environmental services solely for the purposes of estimating the location of wells subject to RSA 482-B and for creating and maintaining an inventory of drinking water sampling sites and the materials used for water system service lines needed to comply with the Federal Safe Drinking Water Act. The department of environmental services shall not be required to release such data under RSA 91-A; and

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(c)

To the caller or their legal representative, or to the subject of the call or their legal representative, with written authorization of the recipient on a form satisfactory to the department, that such information or records are being made available solely for the purposes of investigation in anticipation of litigation or for use in connection with any civil court proceeding. Records released under this section shall be marked "limited purpose release" and shall not be redisclosed by the recipient beyond the investigation or civil proceeding. Any records which are the subject of a criminal investigation will be released only after the criminal matter is concluded. Neither the state nor its agencies or employees shall be civilly liable for any improper use or release of 911 records to any person obtaining such records as provided in this section.

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(d)

The department may provide the following information from the designated behavioral health access point:

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(1)

All pertinent information obtained from a caller to the enhanced 911 system who is determined to be in non-emergent behavioral health crisis, when the department transfers the call to the designated behavioral health access point for non-emergent services for behavioral health crises; and pertinent information provided by the designated behavioral health access point to community mental health centers as provided in RSA 135-C and to emergency services agencies.

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(2)

For calls for emergency services placed by the designated behavioral health access point to the enhanced 911 system regarding individuals at imminent risk for suicide, homicide, or other crises, the contact information of the emergency services agency to which the public safety answering point transferred the call.

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(3)

For monitoring trends and quality assurance purposes only, all pertinent information from a sample of calls to the enhanced 911 system transferred to the designated behavioral health access point pursuant to subparagraph (1), as well as statistics regarding the number of calls transferred to the behavioral health access point. Source. 1992, 165:1. 2006, 137:2. 2007, 89:2, eff. Dec. 8, 2007. 2022, 107:2, eff. July 26, 2022. 2023, 168:1, eff. Sept. 26, 2023. 2025, 35:5, eff. July 13, 2025.

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