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Committee hears broad support — and technical questions — for HP 1438 allowing therapists to report animal abuse

Senate Judiciary Committee · April 9, 2026
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Summary

HP 1438 would allow licensed mental‑health professionals to report suspected animal cruelty without civil liability for breaching confidentiality; sponsors cited research linking animal cruelty to human violence, while regulators and some senators raised drafting and enforcement questions about scope and licensing.

Representative Ellen Reid told the Senate Judiciary Committee HP 1438 would permit (and in some past versions proposed to require) mental‑health professionals to report suspected animal cruelty disclosed by clients, and to do so without civil liability for breaching confidentiality.

Reid said therapists brought the bill after repeated client disclosures of abuse and that 12 other states already allow or require similar reporting. She summarized the bill’s text: licensed clinicians may report suspected cruelty, neglect, exploitation, or hazardous living conditions to law enforcement or the New Hampshire SPCA; statutory language would protect reporters from monetary liability and claims for breaching confidentiality.

Multiple witnesses supported the change. Kevin Blanchett, a licensed clinical mental‑health counselor, described cases where reporting animal neglect would have connected clients earlier to services and urged mandatory reporting as ethically consistent; other therapists and advocates recounted how animal‑abuse disclosures correlate with child and domestic abuse and public‑safety risk.

The committee heard technical concerns. The Office of Professional Licensing and Certification (OPLC) noted the bill covers professionals under one practice act but excludes psychologists, APRNs and others licensed by different boards; that could create a two‑tier system and operational confusion. Senators suggested the committee consider whether the measure belongs under the existing "duty to warn" framework; others recommended clarifying whether the duty or option would apply only to licensees of chapter 330A and how enforcement or follow‑up would work when reports go to a non‑government entity such as the SPCA.

A representative of municipal or professional regulators cautioned that making reporting mandatory raises questions about enforcement and who would be responsible if a report goes unaddressed; committee members discussed whether to change permissive language to mandatory and whether to add cross‑references to other statutes.

Supporters argued the bill removes a legal barrier (HIPAA concerns) that currently silences clinicians and that permissive reporting is still a meaningful step if the committee opts not to mandate disclosure. The hearing closed with committee members requesting further drafting work on scope, cross‑references and consistent coverage of license types.