HB 1731-FN – AS INTRODUCED
2006 SESSION
09/01
HOUSE BILL 1731-FN
AN ACT making pseudoephedrine products available only by prescription.
SPONSORS: Rep. Butynski, Ches 4; Rep. J. Tilton, Merr 6
COMMITTEE: Health, Human Services and Elderly Affairs
This bill requires the commissioner of the department of health and human services to schedule single-entity pseudoephedrine products as controlled drugs, which will be available only by prescription. This bill also requires the commissioner of the department of health and human services, in consultation with the attorney general and the pharmacy board, to develop by July 1, 2008 a system for electronically tracking the sales of all single-entity pseudoephedrine products and any thefts of 6 grams or more of such products in this state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2984
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT making pseudoephedrine products available only by prescription.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings.
I. The general court finds that:
(a) The production and use of methamphetamine is a serious and growing problem in New Hampshire. On a per capita basis, our state already has more people in treatment for methamphetamine addiction than any other state in New England.
(b) Whereas in the past, there would be only one or 2 methamphetamine lab busts in New Hampshire in a year, during the period from January 1, 2005 through September 30, 2005, there were 11 different methamphetamine lab busts within our state.
(c) Methamphetamine labs are extremely hazardous during the process of “cooking” up methamphetamine from over-the-counter pseudoephedrine products, because persons can die from the fumes and vapors produced. The residue from the “cooking” process that is left in the ceilings, walls, and floors of buildings is a hazardous waste product, and may result in tens of thousands of dollars in clean up costs.
II. Therefore, the general court finds that all single-entity pseudoephedrine products should be scheduled as controlled drugs and available only by prescription and that a system should be established to track the sales and thefts of pseudoephedrine products in this state.
2 Regulation of Pseudoephedrine Products.
I. The commissioner of the department of health and human services shall schedule single-entity pseudoephedrine products as controlled drugs, which shall be available only by prescription on and after July 1, 2007.
II. The commissioner of the department of health and human services, in consultation with the attorney general and the pharmacy board, shall develop and implement by July 1, 2008 a system for electronically tracking the sales of all single-entity pseudoephedrine products and any thefts of 6 grams or more of such products in this state.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
06-2984
Revised 12/20/05
HB 1731 FISCAL NOTE
AN ACT making pseudeophedrine products available only by prescription.
FISCAL IMPACT:
The Department of Health and Human Services and Board of Pharmacy state this bill will increase state expenditures by an indeterminable amount in FY 2006 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The Department of Health and Human Services assumed, based on information from the federal government and the state of Maine, a tracking system to track the sales and thefts of pseudoephedrine products would cost approximately $200,000 including set-up costs, software acquisition and customization and training. The Department assumed the program would be administered by a Program Specialist III, labor grade 23, an ongoing contract would be established for data collection and management at a cost of $150,000 per year starting in FY 2009. The Department is not able to estimate the full impact but estimated the known costs to be about $264,000 in FY 2008 and $214,000 in FY 2009. The Department made no assumptions concerning the future years beyond FY 2009.
The Board of Pharmacy indicated this bill would increase the time allotted for pharmacy inspections and may require the addition of a contracted part-time inspector. The hourly rate paid for the position would be approximately $33.00 per hour for 18 hours per week for an estimated annual cost of $29,700, beginning at the end of FY 2006. The Board assumed funds to pay for the part-time position would come from increases in the annual licensing fees for pharmacists and pharmacies. The Board is not able to estimate or project the fiscal impact beyond the first two fiscal years.