20april00.....4260-EBA

4may00....4386-EBA

2000 SESSION

99-0606

01/09

HOUSE BILL 427

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20april00.....4260-EBA

4may00....4386-EBA

99-0606

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

Be it Enacted by the Senate and House of Representatives in General Court convened:

176:1 Prescription Not Required for Persons Over 18; Other Requirements. Amend RSA 318:52-c to read as follows:

318:52-c Sale of Hypodermic Syringe.

I.(a) Hypodermic syringes, needles or any instrument adapted for the administration of drugs by injection shall not be sold except in registered pharmacies. No person shall sell, furnish, or give to any person [or persons other than a duly licensed physician, dentist, veterinarian, nurse, midwife certified pursuant to RSA 326-D, podiatrist, pharmacist, or embalmer, or a hospital, sanitarium, clinical laboratory or any other medical institution or a state or governmental agency, or a regular dealer in medical, dental or surgical supplies, or a resident physician or intern or advanced registered nurse practitioner of a hospital, sanitarium or other medical institution], under 18 years of age, an instrument commonly known as a hypodermic syringe, hypodermic needle or any instrument adapted for the administration of drugs by injection without the written or oral prescription of a duly licensed physician, dentist, veterinarian, or advanced registered nurse practitioner. Such prescription shall contain the name and address of the patient, the date of the prescription, the description of the instrument prescribed, and the number of instruments prescribed.

(b) The following conditions shall apply to all purchases of hypodermic syringes or needles:

(1) Pharmacists shall provide to each purchaser at the time of purchase information regarding the safe disposal of hypodermic syringes or needles, including local disposal locations or a telephone number to call for such information, if appropriate.

(2) Pharmacists shall also provide purchasers with information on drug addiction treatment, including a local telephone number to get assistance, if appropriate.

(c) A purchaser shall not be sold more than 10 syringes or needles at any single purchase unless such purchaser has a prescription for a bulk purchase.

(d) The commissioner of health and human services shall adopt rules, under RSA 541-A, relative to:

(1) The content, format, and distribution of any materials required under this paragraph.

(2) Any other matter necessary to administer this paragraph.

II. Public and nonpublic schools, including institutions of higher learning, shall be exempt from the [provisions of] requirement under paragraph I that such needles be sold only in registered pharmacies when the school is purchasing the syringes and needles for use in school science laboratory activities and assignments.

176:2 Reference Added. Amend RSA 318:52-d to read as follows:

318:52-d Recording and Filing of Prescription. Every person who dispenses, sells, furnishes, or gives away a hypodermic syringe or hypodermic needle or an instrument adapted for the administration of drugs by injection, upon the written or oral prescription of a duly licensed practitioner under RSA 318:52-c, shall record over [his] such person's signature the date of sale or furnishing of the instrument and the number of instruments sold. This prescription shall be retained on file for a period of 4 years and shall be open to inspection by any public officer or employee engaged in the enforcement of RSA 318 or 318-B. A prescription filled in accordance with this section shall be sufficient authority, without the necessity of a renewal or reissuance, to permit subsequent sales or the furnishing of hypodermic syringes or hypodermic needles or instruments adapted for the administration of drugs by injection to the person to whom the prescription was issued for a period of one year from the date of its original issuance.

176:3 Prescription Required For Minors. Amend RSA 318:52-e to read as follows:

318:52-e Control or Possession of Hypodermic or Like Instruments Without Prescription Prohibited for Minors. No person under 18 years of age shall have under [his or her] such person's control or possess a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of drugs by injection, [except a duly licensed physician, dentist, nurse, pharmacist, podiatrist, midwife certified pursuant to RSA 326-D, veterinarian, embalmer, a manufacturer or dealer in embalming supplies, registered wholesale druggist, manufacturing pharmacist, manufacturer of surgical instruments, official of any government having possession of the articles covered by this section by reason of his or her official duties, paramedical personnel acting under the direction of a physician, dentist, or advanced registered nurse practitioner, employees of a hospital, sanitarium or other licensed medical institution acting under the direction of its superintendent or officer in immediate charge, a carrier or messenger engaged in the transportation of such articles during the official performance of his or her duties, or a] unless the person [who] has received a written or oral prescription issued under RSA 318:52-c. For the purpose of this subdivision, no such prescription shall be valid which has been outstanding for more than one year. [Provided, however, that the industrial use of hypodermic syringes, needles or instruments in any manufacturing process not utilizing drugs shall not be prohibited, so long as such use is under the proper supervision of a designated person or persons; and such hypodermic syringes, needles or instruments may be purchased for such use from a registered drug store without a written or oral prescription issued under RSA 318:52-c.]

176:4 Injecting Deleted. Amend the introductory paragraph of RSA 318-B:1, X-a to read as follows:

X-a. "Drug paraphernalia" means all equipment, products and materials of any kind which are used or intended for use or customarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, [injecting,] ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter. It includes, but is not limited to:

176:5 Inject Deleted. Amend RSA 318-B:2, II to read as follows:

II. It shall be unlawful for any person to deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing that it will be used or is customarily intended to be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, [inject,] ingest, inhale, or otherwise introduce into the human body a controlled substance.

176:6 Effective Date. This act shall take effect January 1, 2001.

(Approved: May 26, 2000)

(Effective Date: January 1, 2001)