Section He-E 701.21 - Who May Receive Information(a) When the investigation is in process, information which has been obtained, or which is in the process of being obtained, shall be released to the following, but only that information which is necessary for the receiving entity to carry out its statutory or regulatory mandates or service provision: (1) The department of justice, other law enforcement officials, or a court;(2) The health facilities administration, when the investigation involves an alleged victim residing in a facility overseen by the health facilities administration, except that the reporter's name shall not be released;(3) The bureau of behavioral health, when the investigation involves an alleged victim who receives services from a community mental health program or resides at a facility overseen by the bureau of behavioral health, except that the reporter's name shall not be released;(4) New Hampshire hospital or Glencliff home when the alleged victim who resides at the facility, except that the reporter's name shall not be released;(5) The bureau of developmental services, when the investigation involves an alleged victim who resides in a facility or participates in a program overseen by the bureau of developmental services, except that the reporter's name shall not be released;(6) The office of the state long-term care ombudsman, when the investigation involves an alleged victim residing in a licensed nursing facility, licensed assisted living facility, licensed residential care facility, or licensed supported residential care facility, except that the reporter's name shall not be released;(7) The board of nursing, when the investigation involves a victim who is alleged to have been abused, neglected, or exploited by an individual licensed by the board, except that the reporter's name shall not be released; and(8) Agencies or individuals who provide services to the alleged victim, except that the reporter's name shall not be released.(b) When the investigation is completed, and a determination has been made, information shall be released, if requested, to the following agencies and individuals who request it, in accordance with the provisions specified below:(1) To the victim and the victim's guardian, if any, or, if the victim is deceased, the executor or administrator of the victim's will, a copy of the protective investigation summary, except that the reporter's name shall not be released;(2) To the perpetrator and the perpetrator's guardian if any, a copy of the protective investigation summary, but only when a founded determination has been made, except that the reporter's name shall not be released;(3) To the department of justice, a court-appointed attorney for the proposed ward or ward, or any other law enforcement officials, a copy of the protective investigation summary or any other requested information, including the reporter's name if requested;(4) To a court, a copy of the protective investigation summary or any other requested information, including the reporter's name if requested;(5) To the board of nursing and the health facilities administration, a copy of the investigation summary, but only when a founded determination has been made, except that the reporter's name shall not be released;(6) To the bureau of behavioral health and the bureau of developmental services, only that information that is needed by those bureaus to carry out their statutory mandates, except that the reporter's name shall not be released;(7) To agencies or individuals who are, who were, or who will be, participants in providing services to the victim, only that information needed to provide services, except that the reporter's name shall not be released;(8) To a family member or another individual who is petitioning for the appointment of a guardian for a victim, only that information related to the petition for guardianship except that the reporter's name shall not be released; and(9) To employers as provided in RSA 161-F:49, VII, a copy of the protective investigation summary, except that the name of the reporter, the last name of the victim and the last name of any individual cited in the summary shall not be released.(c) When a disposition has been used, information shall be released, if requested, to: (1) The alleged victim and the alleged victim's guardian, if any, or, if the alleged victim is deceased, the executor or administrator of the alleged victim's will, if the alleged victim was contacted or interviewed, except that the reporter's name shall not be released;(2) The alleged perpetrator and the alleged perpetrator's guardian, if any, provided that the alleged perpetrator was contacted or interviewed, except that the reporter's name shall not be released; and(3) The department of justice, other law enforcement officials, a court-appointed attorney for the proposed ward or ward, or a court, including the reporter's name, if requested.N.H. Admin. Code § He-E 701.21
#5008, eff 11-27-90, EXPIRED: 11-27-96
New. #6867, eff 10-9-98; ss by #8727, INTERIM, eff 10-9-06, EXPIRED: 4-7-07
New. #8868, eff 4-19-07; (See Revision Note at Chapter Heading for He-E 700) #10179, eff 9-1-12
Amended by Number 15, Filed April 13, 2023, Proposed by #13600, Effective 3/24/2023, Expires 3/24/2033 (formerly He-E 701.22).