Codifies into law New Hampshire HHS requirement for health care providers to sign vaccine registry withdrawal form for minors

State: NH
Bill Number: HB 1487
Position: OPPOSE
Action Required: None at this time
Status: Enacted, Chapter 307, effective 8/30/2022

Legislation Details:

UPDATE: 7/1/2022 - HB 1487 was signed by the Governor and enacted as Chapter 307, effective 8/30/2022. 

UPDATE: 5/26/2022 - HB 1487 conference committee report adopted by both Senate and House.

UPDATE: 5/13/2022 - HB 1487 conference committee meeting scheduled on Tuesday, May 17th at 2:30 PM in Legislative Office Building Room 206-208. The conference committee report version of the bill allows the vaccine registry withdrawal form for minors to be signed by either a health care provider or with a notarized signature of a parent or guardian. The form must also "include information and consequences of withdrawing from the registry and that the responsibility to maintain vaccination records becomes the responsibility of the patient or the patient’s parent or guardian if the patient is a minor."

UPDATE: 5/12/2022 - The Senate agrees to HB 1487 conference committee, both chambers have appointed conferees.

UPDATE: 5/10/2022 - The House does not concur with Senate amendments to HB 1487 and requests a conference committee.

UPDATE: 4/21/2022 - HB 1487 passed the Senate. 

UPDATE: 4/14/2022 - HB 1487 passed the Senate Health and Human Services Committee with an amendment

The amendment requires a request to be withdrawn from the immunization registry to have the signature of a health care provider, if the individual is a minor. For adults, the form may have either a health care provider's signature or notarized by an authorized government official. 

There is nothing in current state law requiring a health care provider to sign the withdrawal form when requested. Instead, this bill is now actually codifying into law what the New Hampshire Department of Health and Human Services requires on the form. 

The statute amended by this bill, RSA 141-C:20-f, directs the New Hampshire health commissioner to create procedures for individuals to remove their personal information from the state vaccine registry. New Hampshire Administrative Rule Section He-P 307.07 requires an individual's current or former health care provider to complete a portion of the withdrawal form. The form, titled "Withdraw and Remove Information from the New Hampshire Immunization/Vaccination Registry," requires the health care provider's signature in this portion.

NVIC Advocacy has moved to an "OPPOSE" position on this bill because it is putting a bad, arbitrary agency requirement into state statute. Parents should not have to obtain a health care provider's signature simply to keep their children's personal vaccination records out of the state government's hands. In its current form, this bill could result in parents having to "shop" for a health care provider who is willing to provide a signature. 

Because of these changes, NVIC Advocacy is changing the title of this bill from "Allows authorized government officials to notarize requests for withdrawal from vaccine registry" to "Codifies into law New Hampshire HHS requirement for health care providers to sign vaccine registry withdrawal form for minors."

UPDATE:  3/29/2022 - HB 1487 is scheduled for a hearing in the Senate Health and Human Services Committee on Wednesday, April 6th at 9:40 AM in State House Room 100. Agenda - https://www.gencourt.state.nh.us/senate/schedule/eventDetails.aspx?event=7266&et=1

NVIC Advocacy is supporting a better bill, HB 1606, which makes the state vaccine registry an opt-in program & protects vaccine refusals from being tracked. This bill has hearing in the Senate Health and Human Services Committee on 4/6/2022. 

UPDATE: 3/17/2022 - HB 1487 referred to Senate Health and Human Services Committee.

UPDATE: 3/15/2022 - HB 1487 passed the House. 

UPDATE: 3/9/2022 - HB 1487 passed the House Health, Human Services, and Elderly Affairs Committee with an amendment. 

The bill now states that an individual's request to be withdrawn from the state vaccine registry may be either be signed their current or former healthcare provider or notarized by an authorized government official. 

Previously, the bill removed the vaccine registry withdrawal form's requirement for a current or former healthcare provider to sign off on the request altogether. 

NVIC Advocacy changed the title of this bill from "Removes requirement for health care provider signature to opt-out of the vaccine registry" to "Allows authorized government officials to notarize requests for withdrawal from vaccine registry" to reflect the amendment. 

UPDATE:  3/2/2022 - HB 1487 is scheduled for executive session in the House Health, Human Services, and Elderly Affairs Committee on Monday, March 7th at 9:30 AM in Legislative Office Building Room 210-211. Agenda - https://www.gencourt.state.nh.us/house/schedule/eventDetails.aspx?event=7109&et=11

UPDATE:  2/18/2022 - HB 1487 is scheduled for a hearing in the House Health, Human Services, and Elderly Affairs Committee on Tuesday, Feb. 22nd at 1:00 PM in Legislative Office Building Room 210-211. Agenda - https://www.gencourt.state.nh.us/house/schedule/eventDetails.aspx?event=6985&et=1

HB 1487 was prefiled on 12/3/2021 to be introduced on 1/5/2022 and referred to the House Health, Human Services, and Elderly Affairs Committee. This bill is sponsored by Representative Prout

HB 1487 removes the requirement that individuals obtain signatures from current or former health care providers in order to remove their information from the state's immunization registry by adding the following new section to RSA 141-C:20-f:

III-a.  A patient, or the patient's parent or guardian if the patient is a minor, may withdraw from participation in, and request the removal of information from, the registry at any time by submitting a request for withdrawal directly to the department of health and human services.  Under no circumstances shall the request for withdrawal require the signature of the individual's current or former health care provider.

This bill is well-intended, but it would be best to make the immunization registry opt-in and require prior written consent before any personal information is put into the database, rather than requiring individuals to opt-out.  

http://gencourt.state.nh.us/bill_status/legacy/bs2016/bill_docket.aspx?lsr=2364&sy=2022&sortoption=&ddlobody=h&txtsessionyear=2022 - text, status, and history of HB 1487