CHAPTER 271
SB 445-FN - FINAL VERSION
3/9/00.....3582s
3/9/00.....3711s
18may00.....4358h
5/31/00 4760eba
2000 SESSION
01/09
SENATE BILL 445-FN
AN ACT relative to methadone maintenance treatment and the licensing of limited retail drug distributors.
SPONSORS: Sen. Wheeler, Dist 21; Sen. Squires, Dist 12; Sen. Russman, Dist 19; Rep. Chabot, Hills 48; Rep. Flora, Hills 15; Rep. O'Keefe, Rock 21; Rep. Taylor, Straf 11
COMMITTEE: Public Institutions, Health and Human Services
This bill requires the commissioner of the department of health and human services to adopt rules relative to methadone maintenance treatment.
This bill also requires limited retail drug distributors to be licensed by the New Hampshire pharmacy board.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
3/9/00.....3582s
3/9/00.....3711s
18may00.....4358h
5/31/00 4760eba
00-2748
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand
AN ACT relative to methadone maintenance treatment and the licensing of limited retail drug distributors.
Be it Enacted by the Senate and House of Representatives in General Court convened:
271:1 Methadone Maintenance Treatment; Rulemaking. RSA 318-B:10, VII is repealed and reenacted to read as follows:
VII.(a) The department of health and human services is hereby declared to be the state methadone authority.
(b) The commissioner of the department of health and human services shall, on or before June 30, 2001, adopt and have in effect rules, pursuant to RSA 541-A, relative to detoxification and methadone maintenance programs as follows:
(1) Application procedure and standards for approval for certification and re-certification of providers to operate detoxification and methadone maintenance programs, including certification period, for each type of certification.
(2) Eligibility of individuals for admission to such programs.
(3) Qualifications of program personnel.
(4) Program content, including, but not limited to, services to be offered by the program.
(5) Mandatory records and reports to the department.
(6) Security measures to prevent diversion of methadone to illegal use.
(7) Confidentiality and disclosure of identifying information, records and reports.
(8) Financial responsibility.
(9) Any other provisions necessary to implement the purposes of this paragraph.
(c) Providers may operate a methadone detoxification or methadone maintenance program, or both, in the state of New Hampshire only if the providers are certified to operate pursuant to rules adopted under subparagraph VII(b). In implementing subparagraph VII(b), the commissioner shall not use the interim rulemaking process in RSA 541-A:19.
(d) For the purposes of this paragraph:
(1) "Heroin" means an illegal semi-synthetic drug produced from the morphine contained in sap of the opium poppy, and known to have the potential for devastating addictive properties in vulnerable individuals.
(2) "Methadone" means a legal drug, methadone hydrochloride, which is a synthetic opiod that has been demonstrated to be an effective treatment agent for heroin abuse and dependence.
(3) "Methadone detoxification treatment" means the dispensing of methadone or similar substance in decreasing doses to an individual in order to reduce or eliminate adverse physiological or psychological effects incident to the withdrawal from the sustained use of heroin.
(4) "Methadone maintenance program" means a substance abuse treatment program substituting methadone or any of its derivatives, over time, to relieve withdrawal symptoms of heroin dependence, to reduce craving, and to permit normal functioning and engagement in rehabilitative services.
(e) Nothing in this paragraph shall prohibit a licensed health care practitioner from administering, prescribing, or dispensing a controlled drug under paragraph I.
271:2 Applicability. Notwithstanding RSA 318-B:10, VII(c) as inserted by section 1 of this act, methadone detoxification programs licensed pursuant to federal statute and regulations may operate without certification under paragraph VII for up to 90 days after the effective date of rules adopted under RSA 318-B:10, VII(b) as inserted by section 1 of this act.
271:3 Applicability.
I. Notwithstanding the above, nothing in this act shall be construed as prohibiting or limiting the provision of methadone detoxification treatment or from prohibiting or limiting treatment for those persons in treatment under RSA 318-B:10, VIII. Any other methadone detoxification treatment shall cease to operate on June 30, 2001 if the rules required under section 1 of this act have not been adopted.
II. Any provider under this section may provide treatment as long as the provider meets Commission on Accreditation of Rehabilitation Facilities (CARF) accreditation standards and is licensed by the federal Food and Drug Administration and the federal Drug Enforcement Administration, and otherwise meets all applicable state and federal laws and regulations.
271:4 New Paragraph; Definition Added. Amend RSA 318:1 by inserting after paragraph VII the following new paragraph:
VII-a. "Limited retail drug distributor" means federally funded clinics operated under contract with the department of health and human services and drug abuse treatment centers, where legend and controlled drugs are held, stored, or dispensed to patients pursuant to the order of an authorized practitioner.
271:5 New Section; Licensing of Limited Retail Drug Distributors Required. Amend RSA 318 by inserting after section 51-a the following new section:
318:51-b Licensing of Limited Retail Drug Distributors Required.
I. No person shall operate as a limited retail drug distributor, as defined in RSA 318:1, VII-a, without first having obtained a license to do so from the board. Such license shall expire annually on June 30. An application together with a reasonable fee as established by the board shall be filed annually on or before July 1.
II. No license shall be issued under this section unless the applicant has furnished proof satisfactory to the board that:
(a) The applicant is of good moral character or, if that applicant is an association or corporation, that the managing officers are of good moral character.
(b) The applicant has sufficient space and security equipment as to properly carry on the business described in the application.
(c) The license granted by this chapter shall at all times be displayed in a conspicuous place in the facility for which it is issued.
(d) The applicant has a written contract with a pharmacist licensed in the state to serve as a consultant on all matters relating to the storage and dispensing of prescription drugs.
III. No license shall be granted to any person who has within 5 years been convicted of a violation of any law of the United States, or of any state, relating to drugs, as defined in this chapter or RSA 318-B, or to any person who is a drug-dependent person.
IV. Any person licensed pursuant to this section is subject to the provisions of RSA 318:29.
271:6 Licensure Required. RSA 318:42, VII(d) is repealed and reenacted to read as follows:
(d) The clinic, except for clinics operated directly by the department of health and human services, possesses a current limited retail drug distributor's license under RSA 318:51-b.
271:7 Repeal. RSA 318:42, VII(e), relative to drug wholesaler's license is repealed.
271:8 Effective Date. This act shall take effect upon its passage.
(Approved: June 12, 2000)
(Effective Date: June 12, 2000)
LBAO
00-2748
Amended 4/27/00
SB 445 FISCAL NOTE
AN ACT relative to methadone maintenance treatment.
FISCAL IMPACT:
The Department of Health and Human Services indicates this bill, as amended by the Senate, will have no fiscal impact on state, county and local revenue or expenditures.
METHODOLOGY:
This bill requires the Commissioner of the Department to adopt rules in accordance with RSA 541-A. The Department indicated these rules can be established utilizing existing resources.