New Hampshire § 329-B:31 Sexual Misconduct;  Duty to Inform

New Hampshire Statutes

§ 329-B:31 — Sexual Misconduct; Duty to Inform

New Hampshire § 329-B:31

Title XXXOCCUPATIONS AND PROFESSIONS

Ch. 329-BPSYCHOLOGISTS

This text of New Hampshire § 329-B:31 (Sexual Misconduct; Duty to Inform) is published on Counsel Stack Legal Research, covering New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.H. Rev. Stat. Ann. § 329-B:31 (2026).

Text

I.If, during the course of psychological therapy a client or patient alleges that a person licensed under this chapter or in the licensed psychotherapy professionals listed in RSA 329-B:28 has engaged with the client or patient in sexual misconduct as described in RSA 329-B:2 and RSA 329-B:30, the person licensed under this chapter shall have a duty to inform the client or patient in the manner provided for in paragraph II.

II.The duty to inform may be discharged by, and no monetary liability or cause of action may arise against, any person licensed under this chapter, if the licensee informs the client or patient of the unethical, unprofessional, and dishonorable conduct of the previous psychotherapist's actions. Any person licensed under this chapter shall also advise the client or pat

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I. If, during the course of psychological therapy a client or patient alleges that a person licensed under this chapter or in the licensed psychotherapy professionals listed in RSA 329-B:28 has engaged with the client or patient in sexual misconduct as described in RSA 329-B:2 and RSA 329-B:30, the person licensed under this chapter shall have a duty to inform the client or patient in the manner provided for in paragraph II.
II. The duty to inform may be discharged by, and no monetary liability or cause of action may arise against, any person licensed under this chapter, if the licensee informs the client or patient of the unethical, unprofessional, and dishonorable conduct of the previous psychotherapist's actions. Any person licensed under this chapter shall also advise the client or patient that such sexual misconduct is cause for disciplinary action by the board applicable to that profession.
III. No civil or criminal liability shall arise concerning client or patient privacy or confidentiality against a person licensed under this chapter for information disclosed to the board or any other statutorily created medical occupational licensing board conducting disciplinary proceedings in discharging the responsibilities established under this section, provided that such information is disclosed in good faith.
IV. No civil action shall be maintained against any board member, the board, or its agents or employees, or against any organization or its members, including, but not limited to, any member of a professional standards review organization listed in RSA 507:8-c, I, or against any other person for or by reason of any statement, report, communication, or testimony to the board, or determination by the board in relation to disciplinary proceedings under this section provided that such statement, report, communication, or determination is made in good faith.
V. If the client or patient reports such sexual misconduct to the board, the person licensed under this chapter shall provide, either directly or indirectly through referral, support and advocacy to such client or patient in reporting the incident to the board.