State Immunization Laws for Healthcare
Workers and Patients

Immunization Administration Requirements
For State: NH

** Click on each result to read the abridged text of the state immunization law.

Patient Type Vaccine Requirement
Hospital Employees  Hepatitis B[1] No 
  Influenza[2] Ensure[146]
  MMR[3] No[147]
  Varicella[4] No 
  Pneumococcal[5] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[6] Yes – (M)[148] & (R)[149]
Hospital Inpatients  Influenza[7] Ensure[150]
  Pneumococcal[8] Ensure[151]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[9] Yes – (M)[152] & (R)[153]
Individual Providers' Patients  Any Immunization[10] Offer[154]/Ensure[155]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[11] No 
Ambulatory Care Facilities Employees  Any Immunization[12] No[156]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[13] No 
Ambulatory Care Facilities Patients  Any Immunization[14] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[15] No 
Correctional Inmates and Residents  Any Immunization[16] No 
  Medical(M),Religious(R), or Philosophical(P) Exemptions[17] No 
Developmentally Disabled Facility Residents  Any Immunization[18] Ensure[157]
  Medical(M),Religious(R), or Philosophical(P) Exemptions[19] Yes – (M)[158]
  []
[1] Does the jurisdiction require that any hospitals offer hepatitis B vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with hepatitis B vaccine?

[2] Does the jurisdiction require that any hospitals offer influenza vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with influenza vaccine?

[3] Does the jurisdiction require that any hospitals offer measles/mumps/rubella (MMR) vaccine (or any component thereof) to any employees of the hospital, or ensure that any such employees are vaccinated with MMR vaccine?

[4] Does the jurisdiction require that any hospitals offer varicella vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with varicella vaccine?

[5] Does the jurisdiction require that any hospitals offer pneumococcal polysaccharide vaccine to any employees of the hospital, or ensure that any such employees are vaccinated with pneumococcal polysaccharide vaccine?  Top of Page

[6] If any hospitals are required to ensure that any hospital employees are vaccinated with hepatitis B, influenza, MMR, varicella or pneumococcal vaccine, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?

[7] Does the jurisdiction require that any hospitals offer any inpatients of the hospital influenza vaccine, or ensure that any inpatients are vaccinated with influenza vaccine?

[8] Does the jurisdiction require that any hospitals offer any inpatients of the hospital pneumococcal polysaccharide vaccine, or ensure that any inpatients are vaccinated with pneumococcal polysaccharide vaccine?

[9] If any hospitals are required to ensure that any hospital inpatients are vaccinated with influenza or pneumococcal vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[10] Does the jurisdiction require that any individual healthcare providers offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?

[11] If any individual providers are required to ensure that any of their patients are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?

[12] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any employees, or ensure that any employees are vaccinated with any vaccines?

[13] If any ambulatory care facilities are required to ensure that any employees are vaccinated with any vaccines, does the jurisdiction provide any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[14] Does the jurisdiction require that any ambulatory care facilities offer any vaccinations to any patients, or ensure that any patients are vaccinated with any vaccines?

[15] If any ambulatory care facilities are required to ensure that any patients are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?

[16] Does the jurisdiction require that any correctional facilities or juvenile detention centers offer any vaccinations to any inmates or juveniles, or ensure that any inmates or juveniles are vaccinated with any vaccines?

[17] If any correctional centers or juvenile detention centers are required to ensure that any inmates or juveniles are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?  Top of Page

[18] Does the jurisdiction require that any residential facilities for the developmentally disabled or mentally retarded offer any residents any vaccinations, or ensure that any residents are vaccinated with any vaccines?

[19] If any residential facilities for the developmentally disabled or mentally retarded are required to ensure that any residents are vaccinated with any vaccines, does the jurisdiction provide for any medical, religious or philosophical exemptions to such administration requirements?

[146] For New Hampshire requirements, see N.H. Rev. Stat. Ann. § 151:9-b, relating to “hospitals.” N.H. Rev. Stat. Ann. § 151:9-b requires that before November 30th of each year, each hospital and residential care facility licensed under Title XI, chapter 151 of the New Hampshire Revised Statutes shall provide to its consenting employees annual immunizations against influenza, in accordance with the Advisory Committee on Immunization Practices of the Centers for Disease Control, and subject to the availability of an adequate supply of the necessary vaccine and subject to exemptions for medical contraindications and religious beliefs. N.H. Rev. Stat. Ann. § 151:C-2 defines a “hospital” as an institution which is engaged in providing to patients, under supervision of physicians, diagnostic and therapeutic services for medical diagnosis, treatment and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of such persons. The term “hospital” includes psychiatric and substance abuse treatment hospitals. N.H. Rev. Stat. Ann. § 151:9-b only applies to those facilities covered by the definition of “hospital” found at N.H. Rev. Stat. Ann. § 151:C-2.

[147] For New Hampshire, no statute or regulation requires any hospital to ensure that any employees are vaccinated with MMR vaccine. However, for New Hampshire, see N.H. Code Admin. R. Ann. He-P 301.05, relating to “health care facilities.” N.H. Code Admin. R. Ann. He-P 301.05 requires that if a case or suspect case of measles occurs in a health care facility, the facility shall ensure that vulnerable employees are given a dose of the measles vaccine. Vulnerable employees are those employees born after 1956, who cannot provide either: (1) documentation of 2 doses of measles vaccine on or after their first birthday, the second dose a minimum of 30 days after the first; or; (2) serologic evidence of immunity. N.H. Code Admin. R. Ann. He-P 301.01 defines “health care facilities” as facilities required to be licensed pursuant to RSA 151:2, I and those facilities exempt from licensing pursuant to RSA 151:2, II. RSA 151:2, I identifies (among other types of facilities) hospitals, as defined in RSA 151-C:2;…facilities or portions of a facility operating as an outpatient rehabilitation clinic, ambulatory surgical center, hospice, emergency medical care center, drop-in or walk-in care center, dialysis center, birthing center, or other entity where health care associated with illness, injury, deformity, infirmity, or other physical disability is provided, whether operated for profit or for free or at a reduced cost, however named, and whether owned by a hospital or hospital holding corporation or operated as part of a hospital's services, as facilities required to be licensed pursuant to RSA 151:2, I.  Top of Page

[148] For New Hampshire, for medical exemptions to the immunization requirements set forth in N.H. Rev. Stat. Ann. § 151:9-b, see N.H. Rev. Stat. Ann. § 151:9-b, providing for exemptions for medical contraindications.

[149] For New Hampshire, for religious exemptions to the immunization requirements set forth in N.H. Rev. Stat. Ann. § 151:9-b, see N.H. Rev. Stat. Ann. § 151:9-b, providing for exemptions for religious beliefs.

[150] For New Hampshire requirements, see N.H. Rev. Stat. Ann. § 151:9-b, relating to “hospitals.” N.H. Rev. Stat. Ann. § 151:9-b provides that all hospitals and residential care facilities licensed under Title XI, chapter 151 of the New Hampshire Revised Statutes shall document evidence of immunization against influenza, for all consenting patients in accordance with the current recommendations of the Advisory Committee on Immunization Practices for the Centers for Disease Control and Prevention (CDC) with respect to indications such as age, timing, dosage, and administration. Immunization of all consenting patient shall be subject to the availability of an adequate supply of the necessary vaccine and subject to exemptions for medical contraindications and religious beliefs, and conducted in accordance with the guidelines of the CDC Advisory Committee on Immunization Practices. A consenting patient shall be immunized prior to discharge from the hospital.

[151] For New Hampshire requirements, see N.H. Rev. Stat. Ann. § 151:9-b, relating to “hospitals.” N.H. Rev. Stat. Ann. § 151:9-b provides that all hospitals and residential care facilities licensed under Title XI, chapter 151 of the New Hampshire Revised Statutes shall document evidence of immunizations against pneumococcal disease, for consenting patients in accordance with the current recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention (CDC) with respect to indications such as age, timing, dosage, and administration. A consenting patient shall be immunized prior to discharge from the hospital.  Top of Page

[152] For New Hampshire, for medical exemptions to the immunization administration requirements set forth in N.H. Rev. Stat. Ann. § 151:9-b, see N.H. Rev. Stat. Ann. § 151:9-b, providing that immunization of all consenting patients shall be subject to exemptions for medical contraindications.

[153] For New Hampshire, for religious exemptions to the immunization administration requirements set forth in N.H. Rev. Stat. Ann. § 151:9-b, see N.H. Rev. Stat. Ann. § 151:9-b, providing that immunization of all consenting patients shall be subject to exemptions for religious beliefs.

[154] For New Hampshire requirements, see N.H. Code Admin. R. Ann., Mid 502.07, relating to midwives. N.H. Code Admin. R. Ann., Mid 502.07 provides that, by 6 weeks postpartum, a midwife shall provide referral for rubella vaccination if the client showed no immunity to rubella when tested at the time of her initial visit with the midwife.

[155] For New Hampshire requirements, see N.H. Code Admin. R. Ann. He-P 301.06, relating to medical providers. N.H. Code Admin. R. Ann. He-P 301.06 provides that for infants born to hepatitis B surface antigen positive women, the birthing facility shall administer hepatitis B immune globulin (HBIG) and the first hepatitis B vaccine dose within 12 hours of birth, and for infants born to women of unknown hepatitis B surface antigen status, the birthing facility shall administer the first hepatitis B vaccine dose within 12 hours of birth; and, if the mother tests positive for hepatitis B surface antigen, the birthing facility or medical provider shall administer HBIG to the infant within 7 days of birth.  Top of Page

[156] For New Hampshire, no statute or regulation requires any ambulatory care facility to ensure that any employees are vaccinated with any vaccine. However, for New Hampshire, see N.H. Code Admin. R. Ann. He-P 301.05, relating to “health care facilities.” N.H. Code Admin. R. Ann. He-P 301.05 requires that if a case or suspect case of measles occurs in a health care facility, the facility shall ensure that vulnerable employees are given a dose of the measles vaccine. Vulnerable employees are those employees born after 1956, who cannot provide either: (1) documentation of 2 doses of measles vaccine on or after their first birthday, the second dose a minimum of 30 days after the first; or; (2) serologic evidence of immunity. N.H. Code Admin. R. Ann. He-P 301.01 defines “health care facilities” as facilities required to be licensed pursuant to RSA 151:2, I and those facilities exempt from licensing pursuant to RSA 151:2, II. RSA 151:2, I identifies (among other types of facilities) hospitals, as defined in RSA 151-C:2;…facilities or portions of a facility operating as an outpatient rehabilitation clinic, ambulatory surgical center, hospice, emergency medical care center, drop-in or walk-in care center, dialysis center, birthing center, or other entity where health care associated with illness, injury, deformity, infirmity, or other physical disability is provided, whether operated for profit or for free or at a reduced cost, however named, and whether owned by a hospital or hospital holding corporation or operated as part of a hospital's services, as facilities required to be licensed pursuant to RSA 151:2, I.

[157] For New Hampshire requirements, see N.H. Rev. Stat. Ann. § 141-C:20-a, relating to “child care agencies.” N.H. Rev. Stat. Ann. § 141-C:20-a provides that no child shall be admitted or enrolled in any school or child care agency, public or private, unless the following is demonstrated: (1) immunizations including, but not limited to, diphtheria, mumps, pertussis, poliomyelitis, rubella, rubeola, and tetanus; (2) partial immunization relative to the age of the child as specified in rules adopted by the Commissioner; or (3) exemption under N.H. Rev. Stat. Ann. § 141-C:20-c. N.H. Code Admin. R. Ann. He-P 301.14 provides that the following vaccines are required for admission/enrollment in a “child care agency”: diphtheria, tetanus, pertussis, poliomyelitis, measles, rubella, mumps, Haemophilus influenzae type b conjugate, hepatitis B vaccine, and varicella vaccine. The number of doses, dosage, and route of administration of each vaccine that is appropriate for a child’s age shall be defined by the July-December 2004, United States Recommended Childhood Immunization Schedule as published by the Centers for Disease Control and Prevention and as approved by the Advisory Committee on Immunization Practices, the American Academy of Pediatrics, and the American Academy of Family Physicians. “Child care agencies” are defined in N.H. Rev. Stat. Ann. § 170-E:25 as including “specialized care.” “Specialized care” is further defined as a child care agency which regularly provides general care for children who are diagnosed as mentally ill, mentally retarded, or physically disabled and who are determined to be in need of special mental treatment or nursing care, or both.

[158] For New Hampshire, for medical exemptions to the immunization requirements of N.H. Rev. Stat. Ann. § 141-C:20-a, see N.H. Rev. Stat. Ann. § 141-C:20-c, providing that a child shall be exempt from immunization if a physician licensed under N.H. Rev. Stat. Ann. § 329, or a physician exempted under N.H. Rev. Stat. Ann. § 329:21, III, certifies that immunization against a particular disease may be detrimental to the child’s health. The exemption shall exist only for the length of time that, in the opinion of the physician, such immunization would be detrimental to the child. An exemption from immunization for one disease shall not affect other required immunizations.

Disclaimer: The purpose of this database is to provide researchers, policymakers, and state and local public health practitioners with descriptive information concerning state immunization-related law. No part of this legal analysis involves providing legal advice or answering specific questions of law on behalf of any person or organization.

 

Page last reviewed: November 19, 2014