Legislative Administration committee approves SB 197 as amended to clarify standing-order authority, limit liability for issuing officer

The Legislative Administration Committee voted unanimously to report SB 197 "ought to pass as amended," adopting amendment 2025188h. The amendment clarifies the department's authority to issue standing orders for the registered nurse employed by the Legislature and includes language limiting civil and criminal liability for the department's chief medical officer when that officer issues such standing orders while "acting in good faith and with reasonable care."

John Williams, legislative director for health and services, told the committee the language was modeled on provisions the department already uses for standing orders such as naloxone and epinephrine and said the office of the attorney general had previously vetted similar immunity language during the naloxone response. "You'll see it in examples for naloxone, otherwise known as Narcan," Williams said, and cited that the immunity provision protects the physician who issues a standing order "because, obviously, they don't control everybody who may be exercising the, the, use of whatever that item may be."

Representative Wall expressed concern about expanding liability protections. "I am concerned about that liability part because when I served on judiciary, everybody was trying to get out of any liability of any kind," she said, adding that when someone's dealing with health issues "nobody's perfect and mistakes do happen." Williams and other members clarified the amendment's limits, saying the immunity applies only as authorized in this section and is conditioned on acting in good faith and with reasonable care; conduct outside those bounds would not be covered. Representative Waite asked whether the provision applies only to the statehouse nurse or to the chief medical officer's broader duties; Williams said the provision is limited to the application within the new paragraph and to the section as drafted.

On procedure, Representative Wade moved the committee recommendation of "ought to pass" on SB 197 and Representative Sorensen seconded. Representative Sorensen moved amendment 2025188h and Representative Wade seconded. The committee then voted on the amendment and on the bill as amended by roll call; both votes were recorded as 10-0 in favor. The chair announced the bill "will be on consent."

The committee record includes references to RSA provisions during the discussion: participants cited RSA 99-d (indemnification/coverage by state actors) and the statute governing scope of nursing practice referenced in the text as RSA 3 26. The amendment also notes the application of the immunity language is authorized by the RSA provision referenced in the amendment (cited in discussion as RSA 125:13-a).

The committee placed SB 197, as amended, on the consent calendar for further legislative processing.