SB 138-FN - AS INTRODUCED

2015 SESSION

15-0718

04/06

SENATE BILL 138-FN

AN ACT relative to claims arising from clinical services provided to the department of corrections.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Rep. Welch, Rock 13; Rep. Pantelakos, Rock 25

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill amends the scope of claims arising from clinical services provided to the department of corrections within correctional facilities.

This bill is a request of the department of corrections.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0718

04/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to claims arising from clinical services provided to the department of corrections.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Defense and Indemnification of State Employees; Claims Arising From the Clinical Services Provided to the Department of Corrections. Amend RSA 99-D:9, I to read as follows:

I. Without otherwise limiting or defining the sovereign immunity of the state and its agencies, this chapter shall apply to all claims against any nonprofit or private entity, or any employee, trustee, or director of such nonprofit or private entity when acting in the scope of such person’s hired, elected, or appointed capacity and not in a wanton or reckless manner, arising out of clinical services [of psychiatrists, other medical doctors, or psychiatric/mental health nurse practitioners] provided within department of corrections facilities by psychiatrists or other medical providers, nurses, clinicians, or dental care providers provided in accordance with any contract limited to such services entered into by the department of corrections.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

15-0718

02/03/15

SB 138-FN - FISCAL NOTE

AN ACT relative to claims arising from clinical services provided to the department of corrections.

FISCAL IMPACT:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Justice, who was contacted on 01/29/15. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.