Revision: March 24, 2009, midnight
HB 214 – AS INTRODUCED
2009 SESSION
04/03
HOUSE BILL 214
AN ACT establishing a commission to study health care services in correctional facilities and relative to regulation of prescription medication interruptions by corrections staff and access to inmates by medical, mental health, and social services providers.
SPONSORS: Rep. Schulze, Hills 26; Rep. Pilliod, Belk 5; Rep. French, Merr 5; Rep. Batula, Hills 19; Sen. Gilmour, Dist 12; Sen. Fuller Clark, Dist 24
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a commission to study health care services in correctional facilities, requires the superintendent of a county correctional facility to perform a medical evaluation of a prisoner prior to discontinuing or modifying such prisoner’s prescription medication, and permits certain medical, mental health, and social services practitioners to have access at reasonable times to prisoners in a county correctional facility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0600
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a commission to study health care services in correctional facilities and relative to regulation of prescription medication interruptions by corrections staff and access to inmates by medical, mental health, and social services providers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Medical, Mental Health, and Substance Abuse Treatment Services. Amend RSA 622 by inserting after section 58 the following new subdivision:
Medical, Mental Health, and Substance Abuse Treatment Services
622:59 Commission Established; Members.
I. There is established a commission to study medical, mental health and substance abuse treatment services in correctional facilities. The members of the commission shall be as follows:
(a) Four members of the house of representatives, one each from the health, human services and elderly affairs, finance, criminal justice and public safety, and municipal and county government committees, appointed by the speaker of the house of representatives.
(b) Two members of the senate, one each from the health and human services and judiciary commissions, appointed by the president of the senate.
II. Members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Four members of the commission shall constitute a quorum.
622:60 Duties. The duties of the commission established in RSA 622:59 shall be to:
I. Study the provision of medical, mental health, and substance abuse treatment services provided in state, county, municipal, and juvenile correctional facilities, and develop minimum standards for the provision of medical, mental health, and substance abuse treatment services in such facilities.
II. Develop methods for consistent collection of data concerning access to and the provision of medical, mental health, and substance abuse treatment services in correctional facilities including:
(a) Staffing levels.
(b) Education, training, and other qualifications of staff.
(c) Demographic and other information regarding medical, mental health, and substance abuse treatment needs of the incarcerated populations in this state.
(d) Types of services provided.
(e) Barriers to effective practice in such facilities.
III. Collect, compile, and analyze data collected from correctional facilities throughout the state.
IV. Monitor the quality of medical, mental health, and substance abuse treatment services provided in correctional facilities throughout the state.
V. Recommend statutory changes, appropriations, or modifications to practices in state, county, municipal, or juvenile facilities.
VI. As needed, consult with experts and other professionals with relevant knowledge or expertise to assist in carrying out the commission’s objective.
VII. Apply for, accept, and expend grant funding from any source to support its activities.
622:61 Report. The commission established in RSA 622:59 shall submit an annual report including an analysis of data collected during the year, an overview of the commission’s work, and recommendations for legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library no later than November 1.
2 New Paragraphs; County Departments of Correction; Administration. Amend RSA 30-B:4 by inserting after paragraph V the following new paragraphs:
V-a. Prior to discontinuing or modifying a prisoner’s prescription medication, the superintendent shall require a medical evaluation by a licensed physician or nurse practitioner of such prisoner, and shall make a reasonable attempt to consult the prisoner’s primary care physician. The superintendent shall document all attempts to contact the prisoner’s primary care physician in the prisoner’s medical record.
V-b. Absent a security concern, the superintendent shall permit the following practitioners access to prisoners at reasonable times:
(1) Psychologists, pastoral psychotherapists, clinical social workers, and clinical mental health counselors licensed under RSA 330-A.
(2) Physicians licensed under RSA 329.
(3) Advanced registered nurse practitioners licensed under RSA 326-B.
(4) Clinical staff of community mental health centers or other individuals who are part of the state mental health services system established in RSA 135-C.
3 Effective Date. This act shall take effect 60 days after its passage.