1. (a) The department shall keep confidential all information submitted by the YRC during the application process and any records in its possession regarding the admission, progress, health, and discharge of campers.

2. (b) The exceptions to the release of information submitted during the application process referenced in (a) above shall be:

   1. (1) Upon the department’s receipt of a written request from the applicant, licensee, or their designated legal representative to release to the requestor information obtained during the application process, except for information pertaining to background checks; or
   2. (2) During an administrative proceeding against the applicant or licensee.
3. (c) In an adjudicative proceeding, any oral or documentary evidence may be received and shall not be considered confidential, including, but not limited to information obtained during regular investigations and complaint investigations. Information submitted during an adjudicative proceeding shall be subject to rules of privilege recognized by law and any protected health information shall be de-identified.
4. (d) Complaint investigation files shall be confidential in accordance with RSA 170-E:69 and shall not be disclosed publicly.

5. (e) The complaint investigation files in (d) above shall only be released by the department, by written request:

   1. (1) To the department of justice when relevant to a specific investigation;
   2. (2) To law enforcement when relevant to a specific criminal investigation;
   3. (3) When court of competent jurisdiction orders the department to release such information; or
   4. (4) To any party or intervenor in connection with an adjudicative proceeding relative to the licensee.
6. (f) Applicants, licensees, and all YRC staff shall keep confidential all records required by the department pertaining to the admission, progress, health, and discharge of campers under their care and all protected health information, and personally identifiable information.
7. (g) The department shall have access to all YRC records required by rule or statute to be kept, as necessary, to determine compliance with He-C 4003.
8. (h) YRC staff shall release information regarding a specific camper only as directed by a parent or guardian of that camper, upon receipt of written authorization to release such information, signed by the parent or guardian of the camper.
9. (i) In addition to the confidentiality requirements above, YRC staff shall discuss or share information regarding the admission, progress, behavior, health, or discharge of a camper with the camper’s parent(s) or guardians(s) in a manner that protects and maintains confidentiality for both the camper and the camper’s parent(s) or guardian(s).

Source. #12981, INTERIM, eff 1-24-20, EXPIRED: 7-22-20 New. #13073, eff 7-23-20; ss by #14256, eff 5-23-25, EXPIRES: 5-23-35