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RSA 329:13-b · Professionals' Health Program

Title
XXX: OCCUPATIONS AND PROFESSIONS
Chapter
329 · PHYSICIANS AND SURGEONS
Status
current
Official source linked
Yes
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329:13-b Professionals' Health Program. –

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I.

Any peer review committee may report relevant facts to the board relating to the acts of any physician or physician associate in this state if it has knowledge relating to the physician or physician associate which, in the opinion of the peer review committee, might provide grounds for disciplinary action as specified in RSA 329:17.

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II.

Any committee of a professional society comprised primarily of physicians, its staff, or any district or local intervenor participating in a program established to aid physicians impaired or potentially impaired by mental or physical illness including substance abuse or disruptive behavior may report in writing to the board the name of a physician whose ability to practice medicine safely is impaired or could reasonably be expected to become impaired if the condition is allowed to progress together with the pertinent information relating to the physician's impairment. The board may report to any committee of such professional society or the society's designated staff information which it may receive with regard to any physician who may be impaired by a mental or physical illness including substance abuse or disruptive behavior. In this chapter, "disruptive behavior" means any abusive conduct, including sexual or other forms of harassment, or other forms of verbal or non-verbal conduct that harms or intimidates others to the extent that quality of care of patient safety could be compromised.

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III.

Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board, compiled in conjunction with a peer review committee, shall be confidential and are not to be considered open records unless the affected physician so requests; provided, however, the board may disclose this confidential information only:

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(a)

In a disciplinary hearing before the board or in a subsequent trial or appeal of a board action or order;

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(b)

To the physician licensing or disciplinary authorities of other jurisdictions; or

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(c)

Pursuant to an order of a court of competent jurisdiction.

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IV.

(a) No employee or member of the board, peer review committee member, medical organization committee member, medical organization district or local intervenor furnishing in good faith information, data, reports, or records for the purpose of aiding the impaired physician or physician associate shall by reason of furnishing such information be liable for damages to any person.

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(b)

No employee or member of the board or such committee, staff, or intervenor program shall be liable for damages to any person for any action taken or recommendations made by such board, committee, or staff unless the person is found to have acted recklessly or wantonly.

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V.

(a) The office of professional licensure and certification may contract with other organizations to operate the professionals' health program for physicians and physician associates who are impaired or potentially impaired because of mental or physical illness including substance abuse or disruptive behavior. This program shall be available to all physicians and physician associates licensed in this state, all physicians and physician associates seeking licensure in this state, and all resident physicians in training, and shall include, but shall not be limited to, education, intervention, ongoing care or treatment, and post-treatment monitoring.

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(b)

[Repealed.]

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VI.

Upon a determination by the board that a report submitted by a peer review committee or professional society committee is without merit, the report shall be expunged from the physician's or physicians associate's individual record in the board's office. A physician, or physician associate, or authorized representative shall be entitled on request to examine the peer review or the organization committee report submitted to the board and to place into the record a statement of reasonable length of the physician's or physician associate's view with respect to any information existing in the report.

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VII.

Rules governing the program shall be implemented through the office of professional licensure and certification pursuant to RSA 310. Source. 1999, 207:1. 2001, 228:5. 2004, 263:1. 2008, 21:6, V. 2009, 206:10, eff. July 1, 2009. 2021, 197:72, 73, eff. July 1, 2021. 2023, 112:17, eff. July 1, 2023; 235:24, eff. July 15, 2023. 2025, 105:1-3, eff. June 17, 2025.

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Source note

Source. 1999, 207:1. 2001, 228:5. 2004, 263:1. 2008, 21:6, V. 2009, 206:10, eff. July 1, 2009. 2021, 197:72, 73, eff. July 1, 2021. 2023, 112:17, eff. July 1, 2023; 235:24, eff. July 15, 2023. 2025, 105:1-3, eff. June 17, 2025.

Source history

  • 1999, 207:1
  • 2001, 228:5
  • 2004, 263:1
  • 2008, 21:6, V
  • 2009, 206:10, eff. July 1, 2009
  • 2021, 197:72, 73, eff. July 1, 2021
  • 2023, 112:17, eff. July 1, 2023; 235:24, eff. July 15, 2023
  • 2025, 105:1-3, eff. June 17, 2025

Related materials

Bill relationships

  • 2026 HB1292 reference · effective 2027-01-01

    withstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based primarily on a physician's recommendation to [an eligible] a patient regarding or prescription for or treatment with [an investigational] a drug, biologic, or device pursuant to this chapter. II. Notwithstandi

  • 2026 HB1292-FN reference · effective 2027-01-01

    withstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based primarily on a physician's recommendation to [an eligible] a patient regarding or prescription for or treatment with [an investigational] a drug, biologic, or device pursuant to this chapter. II. Notwithstandi

  • 2026 HB1321 amend

    ravenous therapy. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Provision of Elective Intravenous Therapy. Amend RSA 329 by inserting after section 53 the following new subdivision: Provision of Elective Intravenous Therapy 329:54 Definitions. As used in this subdivision, "elective intravenous therapy" means a procedure: I. To admin

  • 2026 HB1335 amend · effective 2027-01-01

    use of Representatives in General Court convened: 1 New Subdivision; Physicians and Surgeons; Disclosure of Preferential Promotion Received by Provider; When Required. Amend RSA 329 by inserting after section 53 the following new subdivision: Disclosure of Preferential Promotion 329:54 Definitions. In this subdivision: (a) “Preferential promotion” means any financial arrangement, incentiv

  • 2026 HB1702 amend

    seeking chemical abortions that it may be possible to undo the effects of mifepristone, a drug commonly used to induce abortions. 2 New Subdivision; Chemical Abortion. Amend RSA 329 by inserting after section 53 the following new subdivision: Chemical Abortion 329:54 Definitions. In this subdivision: I. "Chemical abortion" or "medical abortion" means the use or prescription of any drug or

  • 2026 HB1702-FN amend

    seeking chemical abortions that it may be possible to undo the effects of mifepristone, a drug commonly used to induce abortions. 2 New Subdivision; Chemical Abortion. Amend RSA 329 by inserting after section 53 the following new subdivision: Chemical Abortion 329:54 Definitions. In this subdivision: I. "Chemical abortion" or "medical abortion" means the use or prescription of any drug or

  • 2026 HB1735 reference

    withstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based primarily on a physician's recommendation to [an eligible] a patient regarding or prescription for or treatment with [an investigational] a drug, biologic, or device pursuant to this chapter. II. Notwithstandi

  • 2026 HB1735-FN reference

    withstanding any provision of law to the contrary, the board of medicine shall not revoke, fail to renew, or take any other action against a physician's license issued pursuant to RSA 329 based primarily on a physician's recommendation to [an eligible] a patient regarding or prescription for or treatment with [an investigational] a drug, biologic, or device pursuant to this chapter. II. Notwithstandi

  • 2026 HB1769 amend · effective 2027-01-01

    d medical facilities. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Public Funding and Abortion Referrals. Amend RSA 329 by inserting after section 50 the following new subdivision: Public Funding and Abortion Referrals 329:50-a Definitions. I. "Abortion" shall have the same meaning as provided in RSA 132:32, I. II. "Medical fa

  • 2026 HB1769-FN amend · effective 2027-01-01

    d medical facilities. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Subdivision; Public Funding and Abortion Referrals. Amend RSA 329 by inserting after section 50 the following new subdivision: Public Funding and Abortion Referrals 329:50-a Definitions. I. "Abortion" shall have the same meaning as provided in RSA 132:32, I. II. "Medical fa

  • 2026 HB1772 amend

    ct. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Ibogaine; Administered Under FDA-approved Research Protocol. Amend RSA 329 by inserting after section RSA 329:1-h the following new section: 329:1-i Ibogaine; Administered Under FDA-approved Research Protocol. To the extent allowable by federal law, licensed physicians or qualified licensed

  • 2026 HB1772-FN-A amend

    ct. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Section; Ibogaine; Administered Under FDA-approved Research Protocol. Amend RSA 329 by inserting after section RSA 329:1-h the following new section: 329:1-i Ibogaine; Administered Under FDA-approved Research Protocol. To the extent allowable by federal law, licensed physicians or qualified licensed