161-F:46 Reports of Adult Abuse; Investigations. –
Any person, including, but not limited to, physicians, other health care professionals, social workers, clergy, and law enforcement officials, suspecting or believing in good faith that any adult who is or who is suspected to be vulnerable, at the time of the incident, has been subjected to abuse, neglect, self-neglect, or exploitation or is, or was living in hazardous conditions shall report or cause a report to be made as follows:
I. An oral report, by telephone or otherwise, shall be made immediately, followed by a written report, if so requested, to the commissioner or his authorized representative. When oral reports are made after working hours of the department, or on weekends or holidays, such reports shall be made to the police department of the appropriate political subdivision, or to the sheriff of the county, in which the alleged abuse, neglect or exploitation occurred. Law enforcement officials receiving reports under this paragraph shall notify the commissioner within 72 hours of receipt of such reports.
II. Within 72 hours following receipt by the commissioner or his authorized representative of such oral reports, an investigation shall be initiated by the commissioner or his authorized representative.
III. Investigations shall not be made if the commissioner or his authorized representative determines that the report is frivolous or without a factual basis.
IV. Any residential service provider caring for vulnerable adults shall notify the commissioner or designee, the bureau of licensing and certification, the attorney general, and the state's federal protection and advocacy agency in cases involving serious bodily injury or death. For purposes of this section, a residential services provider is a provider licensed or certified to provide services to vulnerable adults that are:
(a) Supported by the 1915(c) home and community-based Medicaid waiver program;
(b) At a state-owned or state-operated facility, including, but not limited to, New Hampshire hospital and Glencliff home; or
(c) At Hampstead hospital and residential treatment facility.
V. The notification shall be provided within 7 days of the death or serious bodily injury and shall include the following information:
(a) The resident's name, age, and last known address.
(b) The date of death or incident resulting in serious bodily injury.
(c) The name(s) and contact information for the residential services provider and vendor, if applicable.
(d) The name and contact information of the resident's next of kin and, if under guardianship, the guardian's name and contact information.
(e) A description of the injuries sustained, medical care administered, and, if applicable, the suspected cause of death.
VI. The department shall annually notify each area agency as defined in RSA 171-A:2, I-b, community mental health program as defined in RSA 135-C:2, IV, state-owned or operated facility, including, but not limited to, New Hampshire hospital and Glencliff home, Hampstead hospital and residential treatment facility, and each certified residential services provider of their responsibilities under this section and provide contact information for the agencies to be notified.
VII. The commissioner may adopt rules under RSA 541-A relative to enforcement of this section.
Source. 1989, 7:1. 1995, 310:175, 183. 2002, 36:3, eff. July 1, 2002. 2016, 59:2, eff. July 4, 2016. 2021, 122:42, eff. July 9, 2021. 2026, 278:3, eff. Aug. 31, 2026.