Section He-P 307.06 - Procedures for Patients to 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/vaccination registry.(b) No patient's immunization/vaccination information 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 out of the registry.(c) No health care provider shall provide to the department or to the registry the name of, or any immunization/vaccination information relating to, any patient who opts out of participating in the registry, except as required by RSA 141-C:9.(d) A health care provider shall not provide information relating to immunizations/vaccinations 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 out of the registry as follows: (1) At the time of immunization/vaccination by an administering health care provider who is participating in the registry; and(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.(f) In all cases described in (e) above, the opportunity to 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, and by providing the patient, or the patient's parent or guardian if the patient is a minor, the "Choose not to Participate in the New Hampshire Immunization/Vaccination Registry" form (3/16 edition) .(g) If the opportunity to 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 out is the sole subject of the communication.(h) The option to opt out of the registry shall be exercised by the patient, or the patient's parent or guardian if the patient is a minor, by dating and signing the "Choose not to Participate in the New Hampshire Immunization/Vaccination Registry" form (3/16 edition) and providing that form to each of the patient's administering and current health care providers who are participating in the registry.(i) The "Choose not to Participate in the New Hampshire Immunization/Vaccination Registry" form in (h) above shall be maintained and documented by the administering or current health care provider within the patient's medical records.(j) 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 out of the registry to the same patient, or the patient's parent or guardian if the patient is a minor, more than once.(k) 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/vaccination requirements set forth in RSA 141-C:20-a or He-P 301.14.N.H. Code Admin. R. 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.