SB 2 - AS INTRODUCED

1997 SESSION

SENATE BILL 2

AN ACT relative to the responsibilities of members of the clergy as mandated reporters and providing for privileged communications under the child protection act.

SPONSORS: Sen. Roberge, Dist 9; Sen. D. Wheeler, Dist 11; Rep. Thulander, Hills 6; Rep. Larrabee, Merr 9

COMMITTEE: Judiciary

ANALYSIS

This bill deletes priests, ministers, and rabbis from the mandated reporting provisions and provides for privileged communications between such clergy and individuals confiding in them in their professional capacity.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Seven

AN ACT relative to the responsibilities of members of the clergy as mandated reporters and providing for privileged communications under the child protection act.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Mandated Reporters; Priests, Ministers, and Rabbis Deleted. Amend RSA 169-C:29 to read as follows:

169-C:29 Persons Required to Report. Any physician, surgeon, county medical examiner, psychiatrist, resident, intern, dentist, osteopath, optometrist, chiropractor, psychologist, therapist, registered nurse, hospital personnel (engaged in admission, examination, care and treatment of persons), Christian Science practitioner, teacher, school official, school nurse, school counselor, social worker, day care worker, any other child or foster care worker, law enforcement official, [priest, minister, or rabbi] or any other person having reason to suspect that a child has been abused or neglected shall report the same in accordance with this chapter.

2 Privileged Communication; Priests, Ministers, and Rabbis Added. Amend RSA 169-C:32 to read as follows:

169-C:32 Abrogation of Privileged Communication. The privileged quality of communication between husband and wife and any professional person and [his] patient or client, except that between attorney and client or that between priest, minister, or rabbi and an individual confiding in them in their professional capacity, shall not apply to proceedings instituted pursuant to this chapter and shall not constitute grounds for failure to report as required by this chapter.

3 Effective Date. This act shall take effect January 1, 1998.