EMERGENCY MEDICAL AND TRAUMA SERVICES

RSA tit. XII, ch. 153-A

in effect

RSA 153-A:1 Declaration of Policy and Purpose.

153-A:1. Declaration of Policy and Purpose. I. The general court declares that it is the policy of the state of New Hampshire to save lives and speed the healing of persons in need of medical services by providing an emergency medical and trauma services system that will bring an injured or sick person under the care of properly trained individuals in the shortest practical time, and that will provide safe transportation to the most appropriate treatment center prepared to receive the sick or injured person. It is the policy of the state of New Hampshire to ensure that the sick or injured person is safely transported in properly equipped vehicles which are designed to supply supportive care and which are able to communicate with medical treatment centers. II. The general court recognizes that traumatic injury is a health problem in the state of New Hampshire and a cause of unnecessary death and that an organized system for the delivery of trauma care services in New Hampshire should be available. Emergency medical services in rural and wilderness areas require adequately trained and equipped personnel to treat and transport trauma victims. Therefore, the general court declares that the establishment of a coordinated statewide trauma and injury prevention system will benefit all residents and visitors to New Hampshire by reducing the incidence of traumatic injury and minimizing human suffering and disability. III. The general court, recognizing that the provision of emergency medical and trauma services at the local level is a continuation of a long and valued tradition of neighbor helping neighbor that should be encouraged and maintained, and that the individual providers of emergency medical care must be part of a comprehensive system of care delivery, declares that it is the purpose of this chapter to assure the development, coordination, and administration of an emergency medical and trauma services system that reflects the differing needs and abilities of the state's communities and regions. IV. The general court further recognizes that the delivery of adequate pre-hospital care is reliant on the thorough cooperation of the emergency medical care providers and, therefore, the general court urges the emergency medical care providers to cooperate with and follow the lead of each emergency medical service unit's medical resource hospital. V. The general court recognizes that volunteers make up a large portion of the staffing of the emergency medical service units, especially in the northern portion of the state. Therefore, the general court believes that the training levels for minimum certification as an emergency medical care provider should continue to allow future volunteer emergency medical care provider participation. VI. The general court declares that, to the extent it is possible, it is the policy of the state of New Hampshire to allow patients to be transported to the hospital, medical facility, or location of their choice in their area, if there is no compelling medical reason to the contrary. Further, the general court declares that, if appropriate, durable power of attorney for health care and the living will statutes should be taken into consideration in providing emergency medical and trauma services. Source. 1999, 345:6, eff. July 1, 1999. 2025, 141:105, eff. July 1, 2025.

RSA 153-A:2 Definitions.

153-A:2. Definitions. In this chapter: I. "Coordinating board" means the emergency medical and trauma services coordinating board established in RSA 153-A:3. II. "Commissioner" means the commissioner of the department of safety. III. "Director" means the director of the division of fire standards and training and emergency medical services, department of safety, or his or her designee. IV. "Division" means the division of fire standards and training and emergency medical services, department of safety. V. "Emergency medical care provider" means an employee or volunteer member of a public or private organization having responsibility for the delivery of health services to individuals experiencing illness or injury at a location other than a hospital or other medical facility. The term shall not include lifeguards at swimming facilities or members of ski patrols, or New Hampshire fish and game department conservation officers, or those individuals administering Naloxone unless said individuals are performing invasive patient care procedures. VI. "Emergency medical services" means the pre-hospital assessment and treatment of a sick or injured individual initiated at the scene of an incident and continued through the transport and transfer, if found appropriate, of the individual to a medical facility or other appropriate location in order to prevent loss of life or aggravation of physiological or psychological illness or injury. VII. "Emergency medical services instructor/coordinator" means a person who has completed the requirements of an instructor training program under RSA 153-A:20, VIII. VIII. "Emergency medical services training agency" means an organization, public or private, which assumes the responsibility for providing emergency medical services education and which has completed the requirements of an agency training program which meets the requirements of rules adopted under RSA 153-A:20, VIII. IX. "Emergency medical service unit" means an organization, public or private, operating alone or as part of a larger organization, which has the responsibility to provide emergency medical services. The term shall not include ski patrols, search and rescue teams when activated by the New Hampshire fish and game department, or New Hampshire fish and game department conservation officers unless a ski patrol, search and rescue team member, or a New Hampshire fish and game department conservation officer is providing invasive patient care procedures. X. "Emergency medical service vehicle" means a land, air, or water vehicle designed, equipped, and used for the transport of sick or injured individuals. XI. "Facility" means a hospital as defined in RSA 151:2, I(a) and (d). XII. [Repealed.] XIII. "Mass casualty incident" means any emergency event that cannot be resolved through the use of the emergency resources that are available locally on a regular daily basis. XIV. "Emergency medical services medical control board" means the board established in RSA 153-A:5. XV. "Medical control" means medical supervision and medical accountability for emergency medical care and includes direction and advice from a physician provided through: (a) "Off-line" medical control which includes collaborative oversight of education, advice, critiques, medications, treatment modalities, and performance improvement with the head of the unit. (b) "On-line" medical control which exists when pre-hospital providers communicate directly with a physician or the physician designee at a receiving or medical resource hospital. Such direction may be based on the personal preference of the specific on-line physician, but more ideally it is based on protocols for the management of specific problems. This physician assumes responsibility and gives orders for individual patient's care. XVI. "Patient" means an individual who, as a result of illness or injury, needs medical attention, whose physical or mental condition is such that the individual is in danger of loss of life or significant health impairment, or who may otherwise be incapacitated as a result of a physical or mental condition. XVI-a. "Prerequisite" means the education or demonstrated proficiency required as a prior condition to performing select skills or procedures contained in the standardized protocols issued by the emergency medical services medical control board. XVII. "Protocol" means a written description of a patient care process specifying the circumstances under which emergency medical care providers may function under their own licenses or through medical control. Protocols are approved and issued by the emergency medical services medical control board. XVIII. "Public agency" means the state or any of its political subdivisions, which provide police, firefighting, emergency medical, ambulance, or other emergency services. XIX. "Response expense" means reasonable costs incurred by a public agency in making an appropriate response to an incident. This definition shall include, but not be limited to, the costs of police, firefighters, and rescue and emergency medical services, including the salaries of such persons. XX. "Trauma hospital" means an acute care hospital licensed under RSA 151 to operate as a hospital and classified by the department according to the level of trauma care it is capable of providing. XXI. "Trauma patient" means a person who has sustained a physical injury that may require immediate medical and surgical intervention to preserve life or prevent permanent disability. XXII. "Trauma system" means the organized, managed, and rapid delivery of appropriate pre-hospital, hospital, and rehabilitative care to the injured person whose injury may require the services of trauma care specialized personnel and facilities to ensure an optimal outcome. Source. 1999, 345:6. 2004, 171:29. 2005, 231:1, 2, 8. 2012, 282:11. 2013, 190:1, 2, eff. Aug. 31, 2013. 2016, 149:1, 7, eff. Jan. 1, 2017. 2022, 89:1, eff. July 19, 2022. 2023, 79:132, eff. July 1, 2023.

RSA 153-A:3 Emergency Medical and Trauma Services Coordinating Board.

153-A:3. Emergency Medical and Trauma Services Coordinating Board. I. The emergency medical and trauma services coordinating board is created, consisting of 23 members appointed as set out in paragraphs II and III. II. The governor shall appoint persons to the board as follows: (a) One member from the New Hampshire Ambulance Association. (b) One member from the New Hampshire chapter of the American College of Emergency Physicians. (c) One member from the New Hampshire Municipal Association. (d) One member from the New Hampshire Hospital Association. (e) One member from the New Hampshire Emergency Nurses Association. (f) One member from the American Red Cross. (g) One member from the New Hampshire Heart Association. (h) One member from the New Hampshire Association of Fire Chiefs. (i) One member from the New Hampshire Association of Emergency Medical Technicians. (j) One member from the New Hampshire Medical Society. (k) One member from the New Hampshire Paramedic Association. (l) One member from the emergency medical services medical control board. (m) One member from the Professional Firefighters of New Hampshire. (n) Three members from the general public, representing geographic divisions of the state. (o) One representative from the New Hampshire chapter of the American College of Surgeons, Committee on Trauma. (p) One member from the New Hampshire chapter of the Academy of Pediatrics. (q) One representative from the trauma medical review committee established in RSA 153-A:8. (r) One representative from the New Hampshire Association of Rehabilitation Administrators. (s) One representative from an organ/tissue donor organization. (t) One member from the New Hampshire fire standards and training commission. (u) One representative from the Alzheimer's Association. III. Each member from subparagraphs II(a)-(m) and (o)-(u) shall be nominated by the appropriate organization to the governor for appointment. The term of a member shall be 3 years or until a successor is appointed and qualified. The governor shall fill any vacancy in the same manner as the original appointment. In case of a vacancy other than by expiration of the term, the appointment shall be for the balance of the unexpired term and shall be considered a term for the purposes of the limitation on terms. No member shall serve more than 3 consecutive terms or 9 consecutive years. IV. The members of the board shall elect a chair and a vice-chair who shall both serve for a term of 2 years. The director, or designee, shall serve as a nonvoting member and shall be the executive secretary of the board. V. The board shall meet at least 4 times a year and at the call of the chair. VI. Members shall receive no compensation. Source. 1999, 345:6, eff. July 1, 1999. 2025, 248:3-5, eff. Sept. 13, 2025.

RSA 153-A:4 Powers and Duties of the Coordinating Board.

153-A:4. Powers and Duties of the Coordinating Board. The board shall: I. Develop and routinely update a plan for the operation of a statewide system of emergency medical services that reflects the abilities and needs of each municipality. II. Routinely assess the delivery of emergency medical services, based on information and data provided by the department and from other sources the board deems appropriate, with particular attention to the quality and availability of care. III. Review and offer comments on to the commissioner recommendations for rules required and other such rules as deemed necessary to carry out the purposes of this chapter. IV. Review and offer comments on rules proposed by the commissioner prior to their adoption under RSA 541-A. V. Designate emergency medical services regions and districts in the state, in accordance with RSA 153-A:6. The council established for a region shall include a New Hampshire licensed physician with a background in emergency medicine. VI. Approve statewide trauma policies and procedures of the statewide trauma system and the establishment of minimum standards for system performance and patient care proposed by the commissioner prior to their adoption under RSA 541-A and approve statewide trauma protocols prior to their adoption under RSA 153-A:20-a. VI-a. Prior to any final vote regarding minimum standards or protocols: (a) Provide notice of the proposed action to fire and emergency medical service members. (b) Allow a 60-day period for the receipt of written comments on the proposal. (c) Hold public hearings, one in the daytime hours and another during the evening hours, in such a way as to maximize input from fire and emergency medical service members. VII. Coordinate interstate cooperation and delivery of emergency medical and trauma services. Source. 1999, 345:6, eff. July 1, 1999. 2018, 218:1, 2, eff. Aug. 7, 2018.

RSA 153-A:5 Emergency Medical Services Medical Control Board; Chair; Duties

153-A:5. Emergency Medical Services Medical Control Board; Chair; Duties I. There is established an emergency medical services medical control board which shall consist of: (a) A minimum of 5 physicians representing different geographic areas of the state who shall be nominated by the councils established under RSA 153-A:6 and confirmed by the board and a physician representative of the trauma medical review committee. (b) The commissioner, or designee, who shall serve as a nonvoting member and as executive secretary. (c) The state medical director for emergency medical services, appointed by the commissioner pursuant to RSA 153-A:7, II(c), who shall serve as a nonvoting member. II. The terms of each member shall be 3 years. The chair shall be appointed by the commissioner. The emergency medical services medical control board shall nominate one of its members to the governor for appointment to the coordinating board established in RSA 153-A:3. III. The duties of the emergency medical services medical control board shall include, but not be limited to, the following: (a) Assisting the coordinating board in the coordination of a system of comprehensive emergency medical services and the establishment of minimum standards throughout the state by advising the coordinating board on policies, procedures, and protocols. (b) Providing technical services required by the division pursuant to RSA 153-A:7, I and the coordinating board. (c) Serving as a liaison with medical personnel throughout the state. (d) Submitting to the commissioner standardized protocols concerning patient care to consider for adoption as rules pursuant to RSA 153-A:20-a, which shall be exempt from RSA 541-A and which shall address prerequisites within protocols governing their use by providers, living wills established under RSA 137-H, durable powers of attorney for health care established under RSA 137-J, and patient-requested, physician generated orders relative to resuscitation. (e) With the concurrence of the state pharmacy board, specifying noncontrolled prescription drugs that emergency medical care providers licensed under this chapter may possess for emergency use as authorized in RSA 318:42, X. (f) With the concurrence of the state pharmacy board, specifying controlled prescription drugs that advanced emergency medical care providers licensed under this chapter may possess for emergency use as authorized in RSA 318-B:10, V. (g) Approving the protocols and procedures to be used by emergency medical care providers under their own licenses or through medical control. (h) Adopting statewide adult and pediatric resuscitation protocols for licensed emergency medical care providers. Source. 1999, 345:6. 2001, 236:1. 2005, 231:3, eff. Jan. 1, 2006. 2018, 218:3, eff. Aug. 7, 2018; 227:2-4, eff. July 1, 2019.

RSA 153-A:6 Regions and Districts.

153-A:6. Regions and Districts. The coordinating board shall delineate emergency medical services regions and districts and shall establish councils to oversee each designated area. The coordinating board shall assure that each council meets its responsibilities in a manner consistent with the emergency medical care needs of the area it serves. The council established for a region shall include a licensed, board-certified emergency physician or a licensed physician experienced in emergency medicine. The director shall implement the provisions of this section. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:7 Duties of the Commissioner.

153-A:7. Duties of the Commissioner. I. The commissioner is responsible for the statewide supervision of emergency medical services. II. The commissioner shall: (a) Adopt rules, under RSA 541-A, with the advice and assistance of the coordinating board, the emergency medical services medical control board, and the trauma medical review committee, in accordance with RSA 153-A:20. (b) Oversee the administration of the division by the director. (c) Appoint, following consultation with the emergency medical services medical control board, the state medical director for emergency medical services, who shall be academically and technically qualified to hold the position. III. The commissioner may establish standing or ad hoc committees on a regional or statewide basis as deemed necessary. Source. 1999, 345:6. 2005, 231:4, eff. Jan. 1, 2006. 2018, 227:1, eff. July 1, 2019.

RSA 153-A:8 Trauma Medical Review Committee.

153-A:8. Trauma Medical Review Committee. I. There is established a trauma medical review committee which shall consist of: (a) One representative from each trauma hospital level of care, levels I, II, III, and IV. These representatives may consist of trauma surgeons, emergency physicians experienced in the treatment of adult and pediatric trauma patients, trauma program managers, or trauma registrars. (b) One member from the New Hampshire chapter of the American College of Emergency Physicians. (c) One member from the New Hampshire Paramedic Association. (d) One member from the New Hampshire Emergency Nurses Association. (e) One trauma nurse coordinator with a background in trauma performance improvement. (f) One member from the New Hampshire Association of Emergency Medical Technicians. (g) The state medical examiner or designee. (h) One member of the emergency medical services medical control board. (i) One representative from a New Hampshire acute care hospital nominated by the New Hampshire Hospital Association. (j) One representative of the Professional Firefighters of New Hampshire. (k) One representative of the New Hampshire Association of Fire Chiefs. (l) One injury prevention coordinator. (m) One trauma survivor. (n) A physician or physician designee from a rehabilitation center in New Hampshire specific to the treatment of physical injuries from trauma. (o) A representative from the New Hampshire office of highway safety. II. Each member shall be appointed by the commissioner. III. The commissioner or the commissioner's designee shall serve as a nonvoting member and as executive secretary. IV. The term of each member shall be 3 years. The chair shall be appointed by the commissioner. The trauma medical review committee shall nominate one of its members to the governor for appointment to the coordinating board established in RSA 153-A:3. V. The committee shall: (a) Develop and routinely update the adult and pediatric trauma system plan. (b) Review statewide trauma system operations, including monitoring adherence to established guidelines and standards, the availability of appropriate resources, and the periodic review of trauma hospital classification criteria. (c) Review the delivery of emergency medical services by providers and units concerning the provision of care to trauma patients. (d) Make recommendations to the coordinating board based on the reviews described in subparagraphs (b) and (c). (e) Recommend to the emergency medical services medical control board modifications of the protocols of trauma care as a result of system-wide review. (f) Assist trauma hospitals in the development and implementation of trauma quality improvement programs. (g) Establish such subcommittees as deemed appropriate to carry out the functions of the committee. (h) Assist the coordinating board in the coordination of a system of comprehensive emergency medical services and the establishment of minimum standards throughout the state by advising the coordinating board on policies, procedures, and protocols. (i) Annually provide a report to the governor on the status of New Hampshire's trauma system including the names, levels, and locations of all trauma hospitals, the activities and recommendations of the trauma medical review committee for the continuous improvement of New Hampshire's trauma system, and data that summarizes the leading causes of injury and death in New Hampshire from both intentional and unintentional injuries. Source. 1999, 345:6, eff. July 1, 1999. 2026, 124:1, 2, eff. June 5, 2026.

RSA 153-A:9 Proceedings Confidential; Liability.

153-A:9. Proceedings Confidential; Liability. I. As used in this section, "records" means records of interviews and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities carried out by the trauma medical review committee and its subcommittees under RSA 153-A:8, V(b) and (c). Records shall not mean original medical records or other records kept relative to any patient in the course of the business of operating a hospital or an emergency medical service unit. II. Records of the trauma medical review committee shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. III. No hospital, trustee, medical staff, employee of a hospital, nor any emergency medical service unit or volunteer or employee of a unit shall be held liable in any action for damages or other relief arising from the provision of information to the trauma medical review committee. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:10 Licensure of Emergency Medical Service Units and Emergency Medical Service Vehicles.

153-A:10. Licensure of Emergency Medical Service Units and Emergency Medical Service Vehicles. I. A person shall not engage in the business or service of providing emergency medical services or the transportation of patients, upon any public way of the state, unless such person holds a license issued by the commissioner for engaging in such a business or service. II. A person shall not operate an emergency medical service vehicle on public ways in this state if the vehicle is not licensed as an emergency medical service vehicle by the commissioner in accordance with this chapter. III. The licensing requirements of this section shall not apply to out-of-state emergency medical service units which provide back-up services to New Hampshire emergency medical service units under written mutual aid agreements. In the event of a mass casualty incident, and if vehicles licensed under this chapter are not sufficient to transport the injured or sick, the vehicle licensing provisions of this chapter shall not apply for the period of the incident. IV. A license shall become invalid if there is any change of ownership of a licensed emergency medical service vehicle, or of a business or service operating as an emergency medical services unit. V. No license shall be required under this section for an emergency medical service vehicle, its owners, the driver, or its attendants, if the vehicle is owned by a nonresident and is licensed as an emergency medical service vehicle in another state, and is being operated on the public ways of this state to transport patients who are picked up out of state and brought to treatment centers in this state. VI. If there is a hardship imposed on any applicant for a license under this section because of an unusual circumstance, the applicant may apply to the commissioner for a temporary waiver of the licensing provisions of this section. The commissioner may for good cause waive the licensing provisions of this section. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:10-a Criminal History Record Checks For Provider Licensure and Relicensure.

153-A:10-a. Criminal History Record Checks For Provider Licensure and Relicensure. I. Every applicant for initial licensure, reinstatement after license action from the division, or license renewal after lapsing, shall complete a criminal history records check prior to such licensure, reinstatement, or renewal conducted through department of safety records and through the Federal Bureau of Investigation. Upon completion of the records check, the department of safety shall release copies of the criminal history records to the division. II. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the division may, in lieu of the criminal history records check, accept a statewide criminal history records background check from the appropriate state identification bureau, or equivalent, from every state where the person has lived or worked during the past 10 years. III. The division shall maintain the confidentiality of all criminal history records information received pursuant to this section. The applicant shall bear the cost of a criminal history record check. IV. An applicant for licensure under RSA 153-A:11 who is currently employed as a certified law enforcement officer in this state in a position which requires a criminal history records check, shall not be subject to the requirement in paragraph I for completion of a criminal history records check prior to initial or renewal of licensure. Source. 2016, 149:4, eff. Jan. 1, 2017. 2018, 88:1, eff. July 24, 2018.

RSA 153-A:11 Licensure of Emergency Medical Care Providers.

153-A:11. Licensure of Emergency Medical Care Providers. I. Except for automated external defibrillation pursuant to RSA 153-A:28-31, or the administration of Naloxone, a person shall not provide emergency medical services as a paid or volunteer member of a public or private emergency medical services unit in this state, or as a paid or volunteer member of any police or fire department who, as a condition of employment, may be expected to routinely provide emergency medical services in the line of duty, without being licensed by the commissioner. II. The commissioner shall establish, by rule, levels of individual licensure and application forms for licensure under this section. The commissioner may use the guidelines established by the American College of Surgeons' Board of Regents as a standard or other such standards, except that a felony conviction shall not necessarily disqualify an applicant. The commissioner shall establish a separate licensure category of advanced emergency medical care provider for individuals who are qualified as emergency medical technician intermediates, paramedics, registered nurse emergency medical technicians, and physician associate emergency medical technicians. III. Any applicant seeking a license under this section, other than an apprentice license, shall be 18 years of age or older. Nothing in this chapter shall be construed to prohibit persons under 18 years of age from enrolling in any course necessary for licensing. IV. Persons seeking the minimum level of licensure shall be required to pass examinations, as set forth in rules adopted by the commissioner. V. If there is a hardship imposed on any applicant for a license under this section because of unusual circumstances, the applicant may apply to the commissioner for a temporary waiver of the licensing provisions of this section. The commissioner may for good cause waive the licensing provisions for this section. VI. No license shall be required for students in established training programs leading to licensure as an emergency medical care provider, provided that the student is supervised in accordance with rules adopted under this chapter and the training program is authorized according to rules adopted under this chapter. VII. The commissioner shall issue a temporary license to a member of the armed forces or their spouse, if the applicant holds a current, valid, unencumbered occupational or professional license in good standing issued by a state or territory of the United States, in accordance with rules adopted under RSA 541-A, provided that the applicant meets the requirements of this section, within 30 days of having received an application or, if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check. The rules shall contain the following provisions: (a) The applicant shall obtain a temporary license for a period of not less than 180 days while completing any requirements for licensure in New Hampshire so long as no cause for denial of a license exists under this title, or under any other law. (b) The license applicant shall submit a notarized affidavit affirming, under penalty of law, that the applicant is the person described and identified in the application, that all statements made on the application are true and correct and complete, that the applicant has read and understands the requirements for licensure and certifies that they meet those requirements, and that the applicant is in good standing in all jurisdictions in which the applicant holds or has held a license. (c) The applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements. The applicant shall make this request within 15 days prior to the temporary license's expiration date. (d) All individuals licensed under this section shall be subject to the jurisdiction of the department. VIII. Applicants for initial licensure under this chapter shall be issued temporary, provisional licenses if they have passed the required examination and are awaiting the results of the criminal history record check required pursuant to RSA 153-A:10-a for a period that exceeds 3 weeks, which shall require direct supervision by a licensee at all times. The division shall issue the temporary, provisional license for a period and under such limitations as the director adopts in rules under RSA 541-A. A temporary, provisional license shall be revoked upon the receipt of the criminal history record check if a license is denied under this section or RSA 153-A:13. Source. 1999, 345:6. 2000, 302:3. 2002, 156:5, eff. July 14, 2002. 2022, 310:9, eff. Aug. 30, 2022. 2023, 79:133, eff. July 1, 2023. 2024, 216:1, eff. July 1, 2024. 2025, 105:1, eff. June 17, 2025.

RSA 153-A:12 Authority for Licensed Advanced Emergency Medical Care Providers.

153-A:12. Authority for Licensed Advanced Emergency Medical Care Providers. I. An advanced emergency medical care provider licensed under this chapter may render advanced emergency medical care, rescue, and lifesaving services in those areas of training for which such person is licensed, as defined and approved in accordance with the rules adopted under this chapter, at the scene of an emergency, during transportation to a hospital or while in the hospital emergency department, until care is directly assumed by a physician or authorized hospital personnel, and within the hospital or licensed health care facility in accordance with hospital or facility policies. II. The commissioner shall issue a temporary license to a member of the armed forces or their spouse, if the applicant holds a current, valid, unencumbered occupational or professional license in good standing issued by a state or territory of the United States, in accordance with rules adopted under RSA 541-A, provided that the applicant meets the requirements of this section within 30 days of having received an application or if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check. The rules shall contain the following provisions: (a) The applicant shall obtain a temporary license for a period of not less than 180 days while completing any requirements for licensure in New Hampshire so long as no cause for denial of a license exists under this title or under any other law. (b) The license applicant shall submit a notarized affidavit affirming, under penalty of law, that the applicant is the person described and identified in the application, that all statements made on the application are true and correct and complete, that the applicant has read and understands the requirements for licensure and certifies that they meet those requirements, and that the applicant is in good standing in all jurisdictions in which the applicant holds or has held a license. (c) The applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements. The applicant shall make this request within 15 days prior to the temporary license's expiration date. (d) All individuals licensed under this section shall be subject to the jurisdiction of the department. Source. 1999, 345:6, eff. July 1, 1999. 2016, 149:2, eff. Jan. 1, 2017. 2022, 310:10, eff. Aug. 30, 2022.

RSA 153-A:13 Revocation of License.

153-A:13. Revocation of License. I. The commissioner may deny an application for issuance or renewal of a license, or issue a letter of concern, suspend, or revoke a license, when the commissioner finds that the applicant is guilty of any of the following acts or offenses: (a) Negligence or incompetency in performing authorized services. (b) Rendering treatment not authorized under this chapter. (c) Fraud in procuring a license. (d) Knowingly making misleading, deceptive, untrue, or fraudulent representations or engaging in unethical conduct including, but not limited to, conduct likely to deceive, defraud, or harm the public or demonstrating a willful or careless disregard for the health or safety of a client/patient or practice harmful or detrimental to the public. Proof of actual injury need not be established. (e) The illegal use of drugs. (f) Fraud in representations as to skills or ability. (g) Willful or repeated violations of this chapter or of rules adopted pursuant to this chapter. (h) Violating a statute of this state, another state, or the United States, without regard to its designation as either a felony or misdemeanor, which relates to the practice of an emergency medical care provider. A certified copy of the record of conviction or plea of guilty is prima facie evidence of a violation. (i) Having a license or registration to practice as an emergency medical care provider revoked or suspended, or having other disciplinary action taken by a licensing or registering authority of another state, territory, country, or the National Registry of Emergency Medical Technicians. A certified copy of the record or order of suspension, revocation, or disciplinary action is prima facie evidence of such action. (j) Negligent, unsafe, or illegal operation of an emergency medical service vehicle, or negligent or unsafe use or maintenance of the safety systems of an emergency medical service vehicle. (k) Unauthorized disclosure of information regarding an individual who has received care or the services rendered to an individual. (l) Delivering emergency medical care while drug or alcohol impaired. II. A determination of mental incompetence by a court of competent jurisdiction automatically suspends a license for the duration of the license, unless the commissioner orders otherwise. III. A denial, suspension, or revocation under this section shall be in accordance with RSA 541-A. Source. 1999, 345:6, eff. July 1, 1999. 2016, 149:3, eff. Jan. 1, 2017. 2021, 205:2, Pt. VII, Sec. 1, eff. Oct. 9, 2021.

RSA 153-A:13-a False Reports Concerning Investigations.

153-A:13-a. False Reports Concerning Investigations. A person is guilty of a misdemeanor if he or she: I. Knowingly gives or causes to be given false information during an investigation to the director or agent with the purpose of inducing such director or agent to believe that another has committed an offense; or II. Knowingly gives or causes to be given information to the director or agent concerning a danger or the commission of an offense, knowing that the offense or danger did not occur or exist or knowing that he or she has no information relating to the offense or danger. Source. 2016, 149:5, eff. Jan. 1, 2017.

RSA 153-A:14 Investigations.

153-A:14. Investigations. The director shall investigate any complaint regarding the actions of any licensee licensed under this chapter or when the director has reason to believe that any licensed or unlicensed individual or entity is in violation of this chapter or any rules adopted pursuant to this chapter. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:15 Fees.

153-A:15. Fees. The commissioner may charge a fee for licensure of an emergency medical service unit, an emergency medical service vehicle, or an emergency medical care provider. However, no fee shall be charged to a nonprofit corporation or volunteer association. The sums obtained from fees charged for licensure shall be forwarded to the state treasurer to be deposited into the general fund. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:16 Exception for Physician, Registered Nurse, and Physician Associate.

153-A:16. Exception for Physician, Registered Nurse, and Physician Associate. I. This chapter shall not be construed to restrict a licensed physician, registered nurse, or physician associate from serving on an emergency medical service unit at any level of licensure, provided that they have been certified by the commissioner as having education and training appropriate to the delivery of emergency medical services. The commissioner shall establish the qualifications required for such certification. The qualifications for certification shall be adopted as rule under RSA 153-A:20. II. A physician, registered nurse, or physician associate providing services in accordance with this section shall be immune from liability under RSA 153-A:17. Nothing in this section shall be construed as restricting the authority or practice of any registered nurse who cares for any patient while that patient is being transported by an emergency medical service vehicle, or other means of conveyance, from one hospital to another hospital under orders from a physician caring for that patient. III. [Repealed.] Source. 1999, 345:6. 2005, 163:1. 2006, 114:1. 2011, 62:1, eff. July 15, 2011. 2025, 105:1, eff. June 17, 2025.

RSA 153-A:17 Liability.

153-A:17. Liability. I. No approved emergency medical services training program nor any entity or person participating as part of an approved educational program, as authorized by this chapter, shall be liable for any civil damages as a result of teaching or following primary and continuing educational practices as taught to and practiced by enrolled students under proper supervision, unless guilty of gross or willful negligence. II. No licensed emergency medical care provider who in good faith attempts to render emergency medical services authorized by this chapter at an emergency scene while en route to a place of employment shall receive any form of reprimand or penalty by an employer as a result of late arrival at the place of employment. An employer may request written verification from any such licensed emergency medical care provider, who shall obtain the written verification from either the police officer, fire officer, or emergency medical services personnel in charge at the emergency scene. III. No person who is an emergency medical services instructor or assistant instructor employed or retained by the department of safety or who is an emergency medical services instructor or assistant instructor employed or retained by a hospital, nonprofit fire department or emergency medical service unit shall be held personally liable in any action to recover for personal injury, bodily injury, or property damage arising out of any act performed or occurring in the furtherance of such instructor's official educational or training duties and responsibilities. Nothing in this section shall affect the liability of such person for damages arising out of willful misconduct, gross negligence, or providing educational or training services while under the influence of drugs or alcohol. IV. The department of safety, its employees, and individuals under contract to the department for the purpose of administering or proctoring examinations, either written or practical, shall be held harmless in any lawsuit alleging that the testing was insufficient, inappropriate, or in any way deficient, if carried out in accordance with rules adopted under RSA 153-A:20, VIII. This paragraph shall not hold harmless any individual charged with conducting written or practical examinations who is negligent in his or her actions. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:17-a Critical Incident Intervention and Management.

153-A:17-a. Critical Incident Intervention and Management. I. In this section: (a) "Critical incident" means an event or events that result in acute or cumulative psychological stress or trauma to an emergency response/public safety worker because of their exposure to the event or events. (b) "Critical incident stress" means a strong emotional, behavioral, cognitive, or physical reaction that has the potential to interfere with an emergency response/public safety worker's ability to function and that results from the response to a critical incident or long-term occupational exposure to a series of critical incident responses over a period of time that are believed to be causing debilitating stress that is affecting an emergency response/public safety worker and their work performance or personal experiences. This may include, but is not limited to, physical and emotional illness, failure of usual coping mechanisms, loss of interest in the job, personality changes, or loss of ability to function. (c) "Critical incident stress management" means a process of crisis intervention designed to assist emergency response/public safety workers in coping with the psychological trauma resulting from response to a critical incident or personal experiences. (d) "Critical incident stress management and crisis intervention services" means consultation, peer support, debriefing, defusing, intervention services, management, prevention, and referral provided by a critical incident stress management team member and/or management team. (e) "Critical incident stress management team" or "team" means the group of one or more trained volunteers, including members of peer support groups organized by a unit of state, local, or county government, or members of a union of emergency response/public safety workers, as defined in subparagraph (g), who offer critical incident stress management and crisis intervention services following a critical incident or long term or continued, debilitating stress being experienced by emergency response/public safety workers, including retired emergency response/public safety workers, and affecting them or their families. A team may or may not be affiliated with a municipality. (f) "Critical incident stress management team member" means an emergency response/public safety worker, including any retired emergency response/public safety workers, specially trained to provide critical incident stress management and crisis intervention services as a member of an organized and registered team. (g) "Emergency response/public safety worker" means any law enforcement officer certified under RSA 106-L, certified county corrections officer, sheriff or deputy sheriff, state police officer, civilian law enforcement employee, civilian county corrections employee, any call, volunteer, or regular firefighter, civilian fire department employee, rescue or ambulance worker, including ambulance service, emergency medical personnel, first responder service, and volunteer personnel, hospital emergency department personnel, telecommunicators, and local dispatchers. (h) "Hospital emergency department personnel" means staff rendering care, rescue, support, and lifesaving services while working for and/or in the hospital emergency department. (i) "Local dispatcher" means a person who determines the location, status, and assistance required by callers and walk-in customers for public safety services and dispatches the appropriate police, fire, ambulance, or other units to provide needed emergency services at the state, city, town, or private emergency services level. (j) "Telecommunicator" means an employee of the department of safety, division of emergency services and communications who is responsible for receiving at the public safety answering point telephone calls made to E911 and transferring or relaying such calls to public or private safety agencies. II. (a) Team members shall undergo initial training set forth in guidelines established by the International Critical Incident Stress Foundation (ICISF) approved by the commissioner of the department of safety, or a similar organization for which the commissioner shall not unreasonably withhold approval. The team shall be registered with the commissioner of safety and maintain training standards to date as required. (b) All critical incident stress management team members, sworn, civilian, or retired, shall be designated by the team leader, police chief, sheriff, director of the division of state police, fire chief, commissioner of the department of corrections, superintendent of county corrections, chief of emergency medical services, director of the division of emergency services and communications, or head of a union of emergency response/public safety workers as defined by RSA 281-A:2, V-c. (c) The team leader shall be a person with strong communication, problem-solving, and delegation skills, who is formally trained in individual and group critical incident stress management processes. The team leader shall be responsible for training team members, setting acceptable strategies, and monitoring team progress. III. (a) Any information divulged to the team or a team member during the provision of critical incident stress management and crisis intervention services shall be kept confidential and shall not be disclosed to a third party or in a criminal, civil, or administrative proceeding. Records kept by critical incident stress management team members are not subject to subpoena, discovery, or introduction into evidence in a criminal, civil, or administrative action. Except as provided in subparagraph (c), no person, whether critical incident stress management team member or team leader providing critical incident stress management and crisis intervention services, nor any person receiving any critical incident stress management and crisis intervention services, shall be required to testify or divulge any information disclosed or obtained solely through such crisis intervention. (b) The purpose of this section is to provide a consistent framework for the operation of critical incident stress management teams and their members. In any civil action against any individual, agency, or government entity, including the state of New Hampshire, arising out of the conduct of a member of such team, this section is not intended and shall not be admissible to establish negligence in any instance where requirements herein are higher than the standard of care that would otherwise have been applicable in such action under state law. (c) A communication shall not be deemed confidential pursuant to this section if: (1)(A) The communication is an explicit threat of suicide by an individual in which the individual shares: (i) An intent to die by suicide; and (ii) A plan for a suicide attempt or the means by which the individual plans to carry out a suicide attempt. (B) A communication that contains the disclosure of suicidal thoughts, but not the information described in both subparagraphs (A)(i) and (ii) shall be deemed confidential. (2) The communication is an explicit threat of imminent serious physical bodily harm or death to another individual or individuals. (3) The communication indicates the abuse or neglect of: (A) A child; or (B) An elderly or vulnerable adult as defined in RSA 161-F:43. (4) The communication contains information otherwise required by law to be disclosed. (5) The communication indicates the existence of past or present acts constituting an intentional commission of a crime, provided the applicable statute of limitation has not expired on the act indicated. Source. 2013, 74:1, eff. June 6, 2013. 2019, 245:1, 2, eff. July 12, 2019. 2023, 224:2, eff. Oct. 3, 2023. 2024, 326:1, 2, eff. Oct. 1, 2024. 2025, 9:1, 2, eff. July 7, 2025.

RSA 153-A:18 Limitation of Liability for Failure to Obtain Consent.

153-A:18. Limitation of Liability for Failure to Obtain Consent. No licensed emergency medical care provider or any health professional shall be subject to civil liability based solely upon failure to obtain consent in rendering emergency medical services to any person, regardless of age, where the person is unable to give consent for any reason, including minority, and where there is no other person reasonably available who is legally authorized to give consent to the providing of such care, provided that the licensed emergency medical care provider, or health professional, has acted in good faith without knowledge of facts negating consent. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:19 Mutual Aid.

153-A:19. Mutual Aid. I. The system of emergency medical services in this state shall include provisions for appropriate system response to incidents beyond the resource capabilities of individual emergency medical service units available on a regular daily basis. Written mutual aid arrangements may be established with neighboring emergency medical services systems to insure integration of care and shall consider the role of nonemergency medical services public safety agencies, their roles, relationships, and responsibilities in standard operation. A written mutual aid arrangement shall specify who shall be responsible for the direction of medical care at the scene. In the absence of a written agreement, while in the performance of their duties extending emergency medical services in a mutual aid situation, emergency medical care providers shall be under the overall direction of the local authority having jurisdiction but subject to medical control, as defined under RSA 153-A:2, XIV, and such providers shall have the immunities and privileges as if performing the same duties within their respective service areas. II. Any emergency medical service unit may enter into a mutual aid agreement with other emergency medical service units, within or outside the state, for purposes of rendering aid. III. Nothing in this chapter shall be construed to prohibit any emergency medical service unit extending such aid from donating equipment and services and assuming the damage or loss to such equipment or personnel. Any mutual aid agreement may authorize the head of the emergency medical service unit to extend such aid, subject to such conditions and restrictions, as may be prescribed in the agreement. IV. There shall be no liability imposed by law on the emergency medical service unit, on any municipality, or on the personnel of the emergency medical service unit, for failure to respond or to respond reasonably for the purpose of rendering aid under a mutual aid agreement. This immunity is not intended to be exclusive of other immunities existing by statute, or at common law. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:20 Rulemaking.

153-A:20. Rulemaking. The commissioner shall adopt rules, under RSA 541-A, relative to: I. The licensing and operation of emergency medical service units, emergency medical service vehicles, and emergency medical care providers, including advanced emergency medical care providers. II. [Repealed.] III. Necessary equipment and staffing for emergency medical service vehicles, including standards of suitability for such vehicles used in the transportation of patients in relation to health, sanitation, safety, communications, maintenance, on-board medical equipment, safety equipment, extrication equipment, markings, garaging conditions, and care and condition of the emergency medical service vehicle and its equipment. IV. Reporting by emergency medical service units and maintenance of patient records, including protecting the confidentiality of patient records. V. Length of licensure and procedures for issuance, renewal, limitation, suspension, and revocation of licensure authorized under this chapter. VI. Levels of qualifications for licensure, including demonstration of coverage for financial liability. VII. Procedures for hearings and investigations. VIII. Training, including training programs for students and emergency medical services instructor/coordinators, requirements for training agencies, testing and student supervision. IX. Communication. X. Patient triage and transfer. XI. Mass casualty response. XII. Certification standards for licensed physicians, registered nurses, and physician associates, in accordance with RSA 153-A:16. XIII. Fees required under this chapter. XIV. Operation of emergency medical care units. XV. Responsibilities and authority for councils established under RSA 153-A:6. XVI. Methods of providing data to bodies established under this chapter while maintaining confidentiality as required under RSA 21-P:12-b, II(g). XVII. What constitutes good cause for waiver of a license under RSA 153-A:10, VI and 153-A:11, V. XVIII. A schedule of administrative fines imposed under RSA 153-A:22 for violation of this chapter or the rules adopted pursuant to it. XIX. Procedures for notice and hearing prior to the imposition of an administrative fine imposed under RSA 153-A:22. XX. The categories of classification of hospitals which provide adult and pediatric trauma services. XXI. Procurement, storage, and security of noncontrolled and controlled prescription drugs approved for use by emergency medical care providers in accordance with RSA 318 and RSA 318-B. XXII. Implementation and administration of the automated external defibrillator registry established in RSA 153-A:32. XXIII. The administration of the quality management program established under RSA 153-A:34. XXIV. [Repealed.] XXV. Implementing strategies and procedures necessary to increase the acceptance of military training and experience towards licensure for military veterans seeking to be licensed as an emergency medical care provider. For the purposes of this subparagraph, "veterans" means veterans as defined in 38 U.S.C. section 101(2). Source. 1999, 345:6. 2002, 156:3. 2005, 231:5, 7. 2006, 302:3, eff. Jan. 1, 2007. 2018, 218:5, eff. Aug. 7, 2018; 359:2, eff. Aug. 31, 2018. 2020, 34:9, eff. Sept. 26, 2020. 2021, 205:2, Pt. II, Sec. 1, II, eff. Oct. 9, 2021. 2025, 105:2, eff. June 17, 2025.

RSA 153-A:20-a Emergency Medical and Trauma Services Protocols.

153-A:20-a. Emergency Medical and Trauma Services Protocols. The commissioner shall adopt rules, which shall be exempt from the provisions of RSA 541-A, relative to protocols approved and issued by the emergency medical services medical control board for provision of emergency medical care, which shall address living wills established under RSA 137-J, durable powers of attorney for health care established under RSA 137-J, and patient-requested, physician generated orders relative to resuscitation. Source. 2018, 218:4, eff. Aug. 7, 2018.

RSA 153-A:21 Prohibited Acts; Penalties.

153-A:21. Prohibited Acts; Penalties. I. Any person providing emergency medical services who knowingly implies that such person is a licensed emergency medical care provider, or who uses any other term to indicate or imply that the person is a licensed emergency medical care provider, or who acts as a licensed emergency medical care provider, without having obtained the appropriate license under this chapter, shall be guilty of a misdemeanor for the first offense and a class B felony for subsequent offenses. II. An owner of an emergency medical service unit or vehicle who operates or purports to operate an emergency medical services unit or vehicle, or who uses terms to indicate or to imply such licensure without having obtained the appropriate license under this chapter, shall be guilty of a misdemeanor for the first offense and a class B felony for subsequent offenses. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:22 Administrative Fines.

153-A:22. Administrative Fines. The commissioner, after notice and hearing, pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person or entity licensed under this chapter who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the director shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules in accordance with RSA 541-A relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the general fund. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:23 Statement of Intent.

153-A:23. Statement of Intent. This subdivision is intended to provide for the recovery of expenses of a public agency response which are due to certain actions of persons which result in a public agency response. This subdivision shall not be construed to replace any other provisions of civil or criminal law relating to the recovery of such expenses. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:24 Responsibility for Public Agency Response Services.

153-A:24. Responsibility for Public Agency Response Services. I. A person shall be liable for response expenses if, in the judgment of the court, such person: (a) Negligently operates a motor vehicle, boat, off highway recreational vehicle, or aircraft while under the influence of an alcoholic beverage or controlled drug and thereby proximately causes any incident resulting in a public agency response; (b) Takes another person or persons hostage or threatens to harm himself or another person, thereby proximately causing any incident resulting in an appropriate public agency response; or (c) Recklessly or intentionally creates a situation requiring an emergency response. II. A person's liability under this subdivision for response expenses shall not exceed $10,000 for any single public agency response incident. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:25 Collections; Insurance.

153-A:25. Collections; Insurance. The response expense shall be a debt owed by the person responsible and shall not be paid by an insurance company. The public agency which incurred the expense may collect the debt in the same manner as in the case of an obligation under a contract, expressed or implied. Public agency expenses may include reasonable attorney fees. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:26 Admissibility in Criminal Proceedings.

153-A:26. Admissibility in Criminal Proceedings. Any testimony, admission, or other statement made by the defendant in any civil proceeding brought pursuant to this subdivision, or any evidence derived from such proceeding, shall not be admitted or otherwise used in any criminal proceeding arising out of the same incident. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:27 Court Order.

153-A:27. Court Order. When a person is sentenced for any criminal offense which resulted in a public agency response, the sentencing court may order that the person be required to pay the expenses of any public agency response or to perform up to 500 hours of uncompensated community service. Source. 1999, 345:6, eff. July 1, 1999.

RSA 153-A:28 Intent.

153-A:28. Intent. I. The use of automated external defibrillators addresses an important public health problem in New Hampshire. It is the intent of the legislature to encourage the use and availability of automated external defibrillators, along with training in the use of automated external defibrillators, for the purpose of saving the lives of people in cardiac arrest. II. Further, the legislature strongly encourages dissemination of educational information regarding automated external defibrillators and encourages that access to these lifesaving devices be made widely available to businesses, schools, fire and police departments, and other public and private organizations throughout the state. Source. 2000, 302:4. 2002, 156:5, eff. July 14, 2002.

RSA 153-A:29 Definitions.

153-A:29. Definitions. For purposes of this subdivision, "automated external defibrillator" means a medical device which combines a heart monitor and defibrillator and: I. Has been approved by the United States Food and Drug Administration; II. Is capable of recognizing the presence or absence of ventricular fibrillation; III. Is capable of determining whether defibrillation should be performed; and IV. Automatically charges and requests delivery of an electrical impulse to an individual's heart, upon determination that defibrillation should be performed. Source. 2000, 302:4. 2002, 156:5, eff. July 14, 2002.

RSA 153-A:30 Training.

153-A:30. Training. Every person, association, corporation or other organization that acquires an automated external defibrillator shall require anticipated responders expected to use the automated external defibrillator to receive training in cardiopulmonary resuscitation and automated external defibrillator use. This section shall not limit the use of the automated external defibrillator to the anticipated responder nor shall this section limit the provisions of RSA 153-A:31. Source. 2000, 302:4. 2002, 156:5. 2008, 207:2, eff. Aug. 15, 2008.

RSA 153-A:31 Liability Limited.

153-A:31. Liability Limited. Any person who, in good faith and without compensation, renders emergency care by the use of an automated external defibrillator shall not be liable for civil damages for any acts or omissions unless the acts or omissions were grossly negligent or willful and wanton. Any person, association, corporation or other organization that acquires and maintains an automated external defibrillator for emergency care shall not be liable for civil damages other than for gross negligence or willful and wanton acts or omissions. This section shall not limit civil liability protection provided by any other law. Source. 2000, 302:4. 2002, 156:5, eff. July 14, 2002.

RSA 153-A:32 Automated External Defibrillator Registry.

153-A:32. Automated External Defibrillator Registry. There shall be established in the department of safety a registry for all automated external defibrillators in the state. The department is authorized to release information from the registry to first responders in an emergency through the enhanced 911 system. Registration shall include the address and precise location of the automated external defibrillator. Source. 2002, 156:2, eff. July 14, 2002.

RSA 153-A:33 Registration Required.

153-A:33. Registration Required. I. The owner of an automated external defibrillator shall register with the department of safety under RSA 153-A:32 within 30 days of acquisition. II. Manufacturers or distributors shall provide written notice to purchasers of the requirement to register automated external defibrillators with the department. III. The provisions of paragraphs I and II shall not apply to owners who purchase an automated external defibrillator for use in a private residence. Source. 2002, 156:2, eff. July 14, 2002.

RSA 153-A:33-a Trauma Kit.

153-A:33-a. Trauma Kit. I. A trauma kit shall be installed and readily available in selected state-owned and state-occupied buildings and in public schools. In this section, "trauma kit" means a first aid response kit that contains at least the following items: (a) One tourniquet. (b) One bleeding control bandage. (c) One pair of nonlatex protective gloves and a pen type marker. (d) One pair of blunt-ended scissors. (e) Instructional documents developed by the Stop the Bleed national awareness campaign of the United States Department of Homeland Security or the American College of Surgeons Committee on Trauma, the American Red Cross, the Committee for Tactical Emergency Casualty Care, or any other partner of the United States Department of Defense. II. Medical materials and equipment similar to those described in subparagraphs I(a) to (d), and any additional items that are approved by the local EMS medical control, as defined in RSA 153-A:2, XV(a), may be included as supplements in addition to the items described in subparagraphs I(a) to (d), if they adequately treat a traumatic injury and can be stored in a readily available kit. III. The department of administrative services, in consultation with the department of safety's bureau of emergency medical services and the emergency medical services medical control board established in RSA 153-A:5, shall identify the number of trauma kits required per school, and buildings in which the placement of a trauma kit is appropriate and should be prioritized, as well as criteria for the order of placement and a schedule for future placements. IV. Nothing in this section shall require a property manager or person employed by a property managing entity on behalf of the state to respond to an emergency with the use of trauma kits. V. This section shall not apply to a state-owned building or public school that is vacant or under construction or renovation. VI. There is hereby established in the state treasury the trauma kit fund. The nonlapsing fund shall be kept separate and distinct from all other funds and shall be continually appropriated to the department of administrative services for the purposes of funding this section. The fund shall be used to provide financial support for the procurement and distribution of trauma kits in accordance with this section. The department may accept gifts, grants, donations, and other moneys for this purpose. Source. 2023, 171:1, eff. July 1, 2023. 2026, 336:1, eff. July 1, 2026.

RSA 153-A:33-b Liability Limited.

153-A:33-b. Liability Limited. Any person who, in good faith and without compensation, renders emergency care by the use of a trauma kit shall not be liable for civil damages for any acts or omissions unless the acts or omissions were grossly negligent or purposeful. Source. 2023, 171:1, eff. July 1, 2023.

RSA 153-A:34 Quality Management Program

153-A:34. Quality Management Program I. In this section: (a) "Quality management program" means a comprehensive, continuous, and organization-wide evaluation and measurement system established in accordance with the rules and definitions adopted by the division of fire standards and training and emergency medical services. The system shall be used to evaluate and monitor the quality and appropriateness of system operation and the care provided to patients in order to identify sentinel events and trends so that corrective action may be taken by the local provider agency. (b) "Records" means records of interviews, internal review and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality management program. "Records" shall not mean original medical records or other records kept relative to any patient in the course of the business of operating as an emergency medical services unit. II. Records of a quality management program shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality management program, and any person who supplies information or testifies as part of a quality management program, or who is a member of a quality management program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases: (a) A judicial or administrative proceeding brought by the commissioner to revoke or restrict the license or certification of an emergency medical care provider or other person licensed under this chapter; or (b) A proceeding alleging repetitive malicious action and personal injury brought against an emergency medical care provider or other person licensed under this chapter. III. No person or entity shall be held liable in any action for damages or other relief arising from their good faith participation in a quality management program, or from the providing of information to a quality management program or in any judicial or administrative proceeding. Source. 2005, 231:6, eff. Jan. 1, 2006.

RSA 153-A:35 Protected Health Information; Privacy Committee Established.

153-A:35. Protected Health Information; Privacy Committee Established. I. All protected health information possessed by the department shall be considered confidential, except that the commissioner, or designee, may provide emergency medical and trauma services record information to any person or entity outside of the department who demonstrate a need for such information for the purpose of conducting health-related research or analysis and other uses for evaluation not provided for under RSA 21-P:12-b, II(g). Any such release shall be conditioned upon the understanding that once the health-related research is complete that all information provided shall be returned to the department or be destroyed and no copies shall be kept. All releases of information shall be consistent with the federal Health Insurance Portability and Accountability Act of 1996, Public Law 104-191 (HIPAA) and regulations promulgated thereunder by the United States Department of Health and Human Services 45 C.F.R. part 160 and part 164. This shall include the requirement that all proposed releases of emergency medical and trauma services records information to institutions and individuals outside the department for the purposes of health-related research be reviewed and approved by the privacy committee, established in paragraph II, and the commissioner, under this section before the requested information is released. II. There is hereby established a privacy committee which shall review and approve requests for the use of emergency medical and trauma services records data for the purposes of research or analyses and other uses for evaluation not provided for under RSA 21-P:12-b, II(g). The privacy committee shall consist of 7 members who shall include the director, or designee, 4 members of the emergency medical and trauma services coordinating board, appointed by the chair of the board, and 2 persons who are not affiliated with the department and who are not part of the immediate family of a person who is affiliated with the department, appointed by the commissioner. III. The committee shall review and approve requests for the use of emergency medical and trauma services records data for the purposes of research and other uses for evaluation not provided under RSA 21-P:12-b, II(g). Emergency medical and trauma services records data or copies of such records that directly or indirectly identify individuals shall be made available for health-related research purposes upon receipt and approval of a written application to the committee. No emergency medical and trauma services records shall be released until the request has been reviewed and approved by the privacy committee and authorized by the commissioner, or designee. IV. The committee may consult with any person or entity the committee deems relevant to the work of the committee. Such individuals may only offer advice and guidance and shall not participate in the decision as to whether to approve the release of any records under this section for the purposes of health-related research. Source. 2018, 144:2, eff. July 29, 2018. 2022, 169:3, 4, eff. Aug. 6, 2022.

RSA 153-A:37 Operational Canines; Hospital Treatment.

153-A:37. Operational Canines; Hospital Treatment. I. In this section: (a) "Law enforcement officer" or "police officer" shall have the same meaning as defined in RSA 106-L:2, IV; provided that for purposes of this section, the term shall also include members of the national guard acting under orders while in active state service ordered by the governor under RSA 110-B:6. (b) "Operational canine" means a canine owned or used by a law enforcement department or agency, or fire department, in the course of the department or agency's work, including a police canine, search and rescue canine, scent detection canine, comfort canine, or other canine that is in use by a county, municipal, or state law enforcement agency. (c) "Official duties" shall include, but are not limited to, line of duty incidents, deployments, trainings, certifications, and related transportation. II. Any ambulance owned and/or operated by any public or private entity may provide transport to an operational canine to a veterinary care facility only if the animal is ill or has been injured in the course of their official duties and no human needs transport or treatment. Emergency medical care providers may request that a law enforcement officer assist with securing the operational canine and accompanying them during the transport. III. All licensed emergency medical service units and affiliated emergency medical care providers approved to administer treatment and who are in the performance of their duties and in good faith render emergency first aid to an ill or injured operational canine, shall not be personally liable as a result of rendering such aid or services unless it is established that the injury or the death was caused willfully, wantonly, or recklessly or by gross negligence on the part of the emergency medical care provider. In the case of both a licensed emergency medical service unit and an emergency medical care provider, as a result of transporting an operational canine to a veterinary care facility, shall not be liable to a veterinary care facility for its expenses if, under emergency conditions, they cause the admission of such animal to said veterinary care facility. Source. 2023, 175:2, eff. July 28, 2023.

RSA 153-A:38 Commission on Improving the Ground Ambulance Services Financing and Delivery System.

153-A:38. Commission on Improving the Ground Ambulance Services Financing and Delivery System. There is established a commission on improving the ground ambulance financing and delivery system. I. The members of the commission shall be as follows: (a) Six members of the house of representatives, appointed by the speaker of the house of representatives, 3 of whom shall be nominated by the leader of the minority party. Two members shall be from the commerce committee, 2 members from the health and human services committee, 1 member from the municipal and county government committee, and 1 member from the criminal justice and public safety committee. (b) Two members of the senate, appointed by the president of the senate, 1 of whom shall be nominated by the leader of the minority party. One member shall be from the health and human services committee, and 1 member shall be from the commerce committee. (c) The commissioner of the department of safety, or designee. (d) The commissioner of the department of insurance, or designee. (e) The commissioner of the department of health and human services, or designee. (f) A representative from the New Hampshire Ambulance Association, nominated by the association and appointed by the governor. (g) A representative from the New Hampshire Association of Fire Chiefs, nominated by the association and appointed by the governor. (h) A representative from the New Hampshire Hospital Association, nominated by the association and appointed by the governor. (i) A representative from America's Health Insurance Plans (AHIP), nominated by the association and appointed by the governor. II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission. III. The commission shall: (a) Review the history and operation of ground ambulance services delivery in New Hampshire and the current financing and delivery models adopted by municipal, hospital-based, and commercial ground ambulance providers in the state. (b) Identify areas in which the ground ambulance financing and delivery system in the state is not meeting the needs of citizens of this state or is in jeopardy of failing to meet the needs of citizens of this state and requires reform. (c) Make recommendations for systemic reforms to support a viable ground ambulance financing and delivery system that will improve sustainability, efficiency, and quality of care while controlling costs. IV. The commission shall determine the feasibility and advisability of applying for a waiver under Section 1115A of the Social Security Act to enter into an all-payer model agreement for ground ambulance services in the state to implement a uniform, cost-based reimbursement schedule for ground ambulance services that includes Medicare, Medicaid, and all commercial payers and that builds upon the mandatory in-network rate schedule and the cost study conducted under RSA 420-J:26. To determine the feasibility and advisability of applying for the federal waiver, the commission shall determine the most appropriate design of an all-payer model program that could form the basis of an application for a federal waiver. V. The proposed all-payer program design shall include measures to align payment policies across public and commercial payers to promote ground ambulance financing and delivery system reforms to improve sustainability, efficiency, and quality of care while controlling costs. The commission shall study the feasibility and advisability of at least the following public policy options for improving the ground ambulance financing and delivery system and such other options as would help meet the requirements for federal approval of the Section 1115A waiver application: (a) Expanding mobile integrated health services in the state as appropriate to improve health system efficiency and quality of care and promote efficiently delivered "treatment in place" where appropriate. (b) Further strengthening regional services coordination systems or regional EMS networks for the rural areas of the state to share the cost of readiness and disperse workloads. (c) Implementing an improved system for delivering and compensating facility-to-facility or scheduled transfers of patients with consideration of supply shortages that have occurred and of the differing nature of emergency and scheduled transports. (d) Implementing a system for compensating care provided in the treat-no-transport context. (e) Developing an improved education program for ambulance providers relating to billing and reimbursement of ambulance services by third-party payers. (f) Evaluating options for improving recruitment and retention of emergency medical services staff. VI. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Eight members of the commission shall constitute a quorum. VII. The commission shall produce a report on November 1 of each year that the commission is in operation detailing the progress made to date carrying out its mandates and including such recommendations for legislative or administrative reforms or initiatives as are timely and appropriate. The commission shall submit its assessment of the feasibility and advisability of applying for a waiver under Section 1115A of the Social Security Act to enter into an all-payer model agreement for ground ambulance services in the state to create a uniform, cost-based reimbursement schedule for ground ambulance services that includes Medicare, Medicaid and all commercial payers no later than its November 1, 2027 report. If this report finds the waiver application not feasible or advisable, then the commission shall continue to report on the feasibility and advisability of at least the public policy options for improving the ground ambulance financing and delivery system listed in RSA 153-A:38, III and V and any other policy options the commission deems would serve the needs of New Hampshire citizens. The commission shall issue its report and any recommendations for proposed legislation or administrative actions to the president of the senate, the speaker of the house of representatives, the chairs of commerce, municipal and county government, health and human services, and criminal justice and public safety in the house of representatives, the chairs of commerce and health and human services in the senate, the president of the senate, the speaker of the house of representatives, the house clerk, the senate clerk, the governor, and the state library. [RSA 153-A:38 repealed by 2025, 262:7, effective June 30, 2030.] Source. 2025, 262:6, eff. July 31, 2025.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XII-153-A.htmFetched: 10/20/2026