Committee discusses civil immunity for health officers issuing naloxone and epinephrine orders

A significant discussion on liability protections for healthcare providers took center stage during the New Hampshire Legislature's House Legislative Administration meeting on May 8, 2025. The focus was on a proposed amendment that would grant immunity from civil and criminal liability to the state's Chief Medical Officer when issuing standing orders for medications like naloxone and epinephrine.

Chairman Hill explained that this language mirrors similar provisions already in place for other medical orders, aiming to clarify the authority of the Department of Health and Human Services (HHS) in emergency situations. Dr. Jonathan Ballard, the Chief Medical Officer, expressed satisfaction with the inclusion of this standard language, which is intended to encourage the distribution and use of life-saving medications without the fear of legal repercussions for healthcare providers.

However, concerns were raised by Representative Wall regarding the implications of such immunity. He highlighted the potential risks involved in healthcare decisions, questioning whether it is prudent to limit liability in situations where mistakes could lead to serious consequences. Wall emphasized the importance of accountability in healthcare, suggesting that while good intentions are common, errors can still occur.

In response, Hill reassured the committee that the proposed language had been thoroughly vetted by the Attorney General's office and included safeguards. He noted that immunity would only apply if actions were taken in good faith and with reasonable care, ensuring that providers are not shielded from liability in cases of negligence.

The discussion underscored the delicate balance between encouraging healthcare providers to act in emergencies and ensuring accountability for their actions. As the committee moves forward, the implications of this amendment could significantly impact how medications are administered in schools, public facilities, and other settings across New Hampshire.