Section He-P 307.06 - Procedures for Patients to Opt-In or Opt-Out of the Registry(a) No patient, or the patient's parent or guardian if the patient is a minor, shall be required to participate in the immunization registry.(b) No patient's personal data shall be entered into the registry without that patient, or the patient's parent or guardian if the patient is a minor, being given the opportunity to opt-in or opt-out of the registry and providing written or electronic consent.(c) No health care provider shall provide to the registry the name of, or any immunization information relating to, any patient who opts out of participating in the registry.(d) A health care provider shall not provide information relating to immunizations contained in a former patient's medical record without that patient, or the patient's parent or guardian if the patient is a minor, first requesting that such information be reported to the registry.(e) A patient, or the patient's parent or guardian if the patient is a minor, shall be provided an opportunity to opt-in or opt out of the registry as follows: (1) At the time of immunization by an administering health care provider who is participating in the registry, unless the provider is able to confirm documentation of prior opt-in or opt-out in the patient's medical record; or(2) Prior to or at a face-to-face encounter with a current health care provider by the current health care provider who is participating in the registry, unless the provider is able to confirm documentation of prior opt-in or opt-out in the patient's medical record.(f) In all cases described in (e) above, the opportunity to opt-in or opt-out of the registry shall be provided in writing in a clear, succinct, and conspicuous manner, in simple language, and in a form, style, and size easily readable by the average adult.(g) The provider shall maintain documentation, in the patient's medical record, of providing the opportunity to opt-in or opt-out of the registry as well as the written or electronic consent given by any patient, or the patient's parent or guardian, if the patient is a minor, who has elected to opt-in to the registry. (h) In all cases described in (e) above, the provider shall inform and educate the patient about the registry and ensure patient understanding of the following:(1) Participation in the New Hampshire immunization registry is voluntary;(2) Immunization information for registrants may be consolidated and used by authorized NHIIS users such as their health care provider, school nurse, licensed child care provider, or NH division of public health to provide notice about upcoming immunizations, overdue immunizations or identification of recommended immunization in the event of a disease outbreak;(3) The decision to opt-in or opt-out of the New Hampshire immunization registry shall not prevent them from receiving immunizations;(4) Individuals may reverse their decision at any time by notifying their current health care provider(s);(5) Individuals may remove all existing information from NHIIS by submitting a "New Hampshire Immunization Information System (NHIIS) Withdrawal Form" to their health care provider or by mailing or faxing a notarized "New Hampshire Immunization Information (NHIIS) Withdrawal Form" to: Department of Health and Human Services
Division of Public Health Services
NH Immunization Program
29 Hazen Drive
Concord, NH 03301-6504
Attn: Registry Admin
Fax: (603) 696-3226
(6) An individual's immunization information will not be released to the New Hampshire immunization registry unless they have provided explicit electronic or written consent; and(7) The NHIIS may exchange immunization information with other state or territory Immunization Information Systems (IIS). In the event that an immunization record exists for individuals who participates in another state's or territory's registry, by choosing to participate they allow the transfer of their immunization record from another state or territory into the NHIIS. In the event that the registrant receives medical treatment that would have prompted retrieval of the registrant's immunization record or immunization in another state or territory or there is a change of residence to another state or territory, by choosing to participate, they allow the transfer of their immunization record from the NHIIS to be exchanged with that other state's or territory's IIS.(i) If the opportunity to opt-in or opt-out of the registry is provided by a current health care provider prior to a face-to-face encounter with the current health care provider, as described in (e)(2) above, that provider shall send a written communication to the patient, or the patient's parent or guardian if the patient is a minor, which meets the requirements in (f) above in form and substance, which is individually directed, and in which opting-in or opting out is the focus of the communication.(j) In the event a patient or the patient's parent or guardian if the patient is a minor, changes their decision from opt-in to opt-out or vice versa, the registrant, or the registrant's parent or guardian if the registrant is a minor, shall follow the process as described in He-P 307.09.(k) An administering or current health care provider who is participating in the registry, including the physicians and nurses in the administering or current health care provider's professional practice or medical group, shall not be required to provide notice of the opportunity to opt-in or opt-out of the registry to the same patient, or the patient's parent or guardian if the patient is a minor, more than once unless evidence of prior opt-in or opt-out cannot be confirmed via patient medical records.(l) An administering or current health care provider who is participating in the registry, including the physicians and nurses in the administering or current health care provider's professional practice or medical group, shall not be required to obtain explicit written or electronic consent to send personal data to the registry for any patient, or the patient's parent or guardian if the patient is a minor, if the healthcare provider has documentation in the medical record of an opportunity to opt-out prior to July 1, 2023 and did not elect to opt-out unless there is a change to the registrant's decision to opt-in or opt-out to the registry.(m) Nothing in this rule shall relieve the patient, or the patient's parent or guardian if the patient is a minor, who chooses to opt-out of participation in the registry, from the obligation to comply with current immunization requirements set forth in RSA 141-C:20-a or He-P 301.14.(n) Nothing in this rule shall relieve the provider from the obligation to maintain a record of immunization within the practice's patient's medical record in accordance with Med 501.02(f)(8) and other state or federal regulations.N.H. Admin. Code § He-P 307.06
#6830, INTERIM, eff 8-14-98, EXPIRED: 12-12-98
New. #6941, eff 1-30-99
Amended by Volume XXXVII Number 19, Filed May 11, 2017, Proposed by #12163, Effective 5/1/2017, Expires 5/1/2027.Amended by Number 28, Filed July 11, 2024, Proposed by #14010, Effective 6/27/2024, Expires 6/27/2034.