§ 490-C:5-c — Immunity From Civil and Criminal Actions

I. Without waiver of the state's sovereign immunity, and in addition to any further protections provided by law, no civil action shall be maintained against the board or any member of the board, its representatives or agents, including but not limited to presiding officers and investigators, or its employees, for, or by reason of, any statement, report, communication, disclosure, testimony, investigation, hearing, determination, or other action or omission undertaken in the good faith performance of official duties believed authorized under this chapter.
II. In addition to paragraph I, the board, members of the board, the board's representatives and agents, including but not limited to presiding officers and investigators, and its employees, shall be immune from criminal action or penalties, and actions or penalties for the alleged commission of a violation, for the disclosure of confidential information, including but not limited to actions under laws imposing penalties for the disclosure of certain information in cases in which a guardian ad litem may be involved, or any law relative to the confidentiality of records, documents, or communications, provided that such action was undertaken in the good faith performance of official duties believed authorized under this chapter. This immunity shall not apply to actions commenced under RSA 490-C:5-b, IX, except in the case of communications between the board, its members, its representatives, or its agents, and a court.

Legislative History

2004, 189:3. 2006, 223:7, eff. Jan. 1, 2007.