HB 1612-FN – AS INTRODUCED
2010 SESSION
04/10
HOUSE BILL 1612-FN
AN ACT relative to restriction of the use and sale of carisoprodol, tramadol hydrochloride, and temazepam.
SPONSORS: Rep. Tilton, Merr 6; Rep. Butynski, Ches 4
COMMITTEE: Health, Human Services and Elderly Affairs
This bill:
I. Requires the commissioner of the department of health and human services to schedule carisoprodol, tramadol hydrochloride, and temazepam as controlled drugs.
II. Establishes a criminal penalty for acts involving carisoprodol, tramadol hydrochloride, or temazepam without a prescription.
III. Establishes a substance review board to review prescription drug use and procedures in order to simplify the process of classifying prescription drugs.
IV. Requires the chief law enforcement official in each city or town to solicit assistance from the local community in providing a secure drop box to be located at the police station to allow for the disposal of unwanted or unused prescription drugs.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2591
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to restriction of the use and sale of carisoprodol, tramadol hydrochloride, and temazepam.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Controlled Drug Act; Carisoprodol, Tramadol Hydrochloride, and Temazepam. Amend RSA 318-B by inserting after section 1-c the following new section:
318-B:1-d Carisoprodol, Tramadol Hydrochloride, and Temazepam.
I. The legislature intends that the provisions of paragraph III of this section shall remain in effect until such time as carisoprodol, tramadol hydrochloride, and temazepam are scheduled by the commissioner of the department of health and human services in accordance with and pursuant to RSA 318-B.
II. The legislature finds that carisoprodol, marketed under the trade name Soma, is used for muscle relaxation and carries a moderate potential for abuse. Tramadol hydrochloride, marketed under various trade names including Ultram, is used to treat severe pain and carries a high potential for abuse. Temazepam is used to treat severe insomnia and carries a high potential for abuse. Therefore, carisoprodol, tramadol hydrochloride, and temazepam meet the criteria for placement on schedule I of controlled drugs.
III. Notwithstanding the provisions of RSA 318-B:1-a, relative to scheduling by rulemaking of the commissioner of the department of health and human services, carisoprodol, tramadol hydrochloride, and temazepam shall be scheduled as controlled drugs.
IV. Any person who manufactures, sells, purchases, transports, possesses or possesses with intent to sell, dispenses, compounds, packages, or repackages carisoprodol, tramadol hydrochloride, or temazepam without a written prescription from a licensed physician shall be guilty of a class A misdemeanor.
2 Board Established.
I. There is established a substance review board to review prescription drug use and procedures in order to simplify the process of classifying prescription drugs.
II. The members of the board shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the president of the senate.
(c) The commissioner of the department of health and human services, or designee.
(d) A physician licensed in this state, appointed by the governor.
(e) A pharmacist licensed in this state, appointed by the governor.
(f) One person who is employed at a substance abuse treatment facility, appointed by the governor.
III. Legislative members of the board shall receive mileage at the legislative rate when attending to the duties of the board.
IV. The board shall:
(a) Review the process of classifying prescription drugs in order to facilitate more efficient monitoring and tracking of the usage of such drugs by health and public safety agencies, including monitoring the effects from combinations of 2 or more drugs, or prescription drugs in combination with illegal drugs.
(b) Solicit advice and testimony from any person with information or expertise relevant to the board’s objective.
V. Chairperson; Quorum. The members of the board shall elect a chairperson from among the members. The first meeting of the board shall be called by the first-named house member. The first meeting of the board shall be held within 45 days of the effective date of this section. Five members of the board shall constitute a quorum.
VI. Report. The board shall report its findings and any recommendations for proposed 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 on or before November 1, 2010.
3 Prescription Drug Safe Drop Boxes. The chief law enforcement official in each city or town shall provide, without additional budgetary expenditure, a secure drop box to be located at the police station to allow for the disposal of unwanted or unused prescription drugs. The official shall determine the most appropriate and safest location for the drop box, and shall ensure that the box is secure. The official shall post a notice at the drop box location prohibiting any illicit substances or paraphernalia from being placed in the drop box. On a monthly basis, the official shall forfeit all prescription drugs in the drop box to the appropriate federal officials.
4 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2591
12/08/09
HB 1612-FN - FISCAL NOTE
AN ACT relative to restriction of the use and sale of carisoprodol, tramadol hydrochloride, and temazepam.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, New Hampshire Association of Counties, and New Hampshire Municipal Association state this bill may increase state, county, and local expenditures by an indeterminable amount in FY 2011 and each year thereafter. This bill will have no fiscal impact on state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would make carisoprodol, tramadol hydrochloride, and temazepam controlled drugs. The Branch states the cost of an average class A misdemeanor charge in the district court is $51.14 in FY 2010 and beyond, without consideration of any salary increases or decreases that may occur. These numbers do not consider the cost of appeals that may be taken following trial in the district court, including the potential to appeal to the superior court for a jury trial or to the supreme court on issues of law, or both. The Branch cannot determine the number of additional misdemeanor charges that may be brought as a result of this bill, and are unable to determine the exact fiscal impact at this time.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal. The exact fiscal impact cannot be determined at this time.
LBAO
10-2591
12/08/09
The New Hampshire Association of Counties states to the extent an individual is convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is
unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average annual cost to incarcerate an individual in a county facility is $35,342.
The New Hampshire Municipal Association states this bill requires every city and town to provide a secure drop box for collection of unused pharmaceuticals. This requirements is likely to increase municipal expenditures, however the Association is unable to determine the exact fiscal impact at this time.
The Departments of Health and Human Services and Justice state they could absorb any fiscal impact related to this bill within their existing budgets.