Revision: Jan. 3, 2011, midnight
HB 71 – AS INTRODUCED
2011 SESSION
01/09
HOUSE BILL 71
AN ACT authorizing establishment of pharmaceutical drug take-back programs.
SPONSORS: Rep. Nevins, Rock 15; Rep. Schlachman, Rock 13; Rep. Case, Rock 1; Rep. Butynski, Ches 4; Rep. Cebrowski, Hills 18; Sen. Stiles, Dist 24; Sen. Odell, Dist 8; Sen. Houde, Dist 5
COMMITTEE: Health, Human Services and Elderly Affairs
This bill allows New Hampshire communities and private entities in conjunction with law enforcement officers to establish controlled and non-controlled pharmaceutical drug take-back programs. Under this bill, the department of justice, the pharmacy board, the department of safety, and the department of environmental services shall establish guidelines by rule, pursuant to RSA 541-A, for communities and private entities to follow if they choose to establish a pharmaceutical drug take-back program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0109
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT authorizing establishment of pharmaceutical drug take-back programs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Intent. The general court recognizes the importance of enabling New Hampshire communities and private entities, in conjunction with law enforcement officers, to collect, store, and dispose of unused controlled and non-controlled pharmaceutical drugs in a safe and effective manner. Therefore, this act hereby allows communities and private entities to establish pharmaceutical drug take-back programs.
2 New Chapter; Controlled and Non-controlled Pharmaceutical Drug Take-Back Programs. Amend RSA by inserting after chapter 318-D the following new chapter:
CHAPTER 318-E
CONTROLLED AND NON-CONTROLLED PHARMACEUTICAL
318-E:1 Pharmaceutical Drug Take-Back Programs Authorized.
I. A local, county, regional, state or other governmental entity or private entity in conjunction with the chief law enforcement officer of a law enforcement agency may establish a controlled and non-controlled pharmaceutical drug take-back program. For the purposes of this chapter, “pharmaceutical drug” means a prescription or over-the-counter drug, including, but not limited to, controlled drugs as defined in this chapter.
II. A pharmaceutical drug take-back program established by a local, county, regional, state, or other governmental entity or private entity shall enable individuals with dispensed drugs to voluntarily return the unused drugs for collection, storage, and disposal in accordance with applicable state and federal statutes and regulations.
III. The department of justice, pharmacy board, department of safety, and department of environmental services shall jointly establish guidelines by rule, pursuant to RSA 541-A, for the collection, storage, and disposal of collected drugs in accordance with applicable state and federal statutes and regulations.
IV. The disposal requirements for controlled drugs stipulated in RSA 318-B:17 shall not apply to controlled and non-controlled drugs collected in accordance with this section.
V. Nothing in the implementation of a pharmaceutical drug take-back program shall require, at the place of collection, any individual who is returning drugs to disclose his or her personal identification in order to return unused drugs.
VI. Pharmaceutical drug take-back programs established under this chapter may accept public and private grants and donations of money for the purpose of covering the costs of such programs, including, but not limited to public funds appropriated for this purpose and a fee from participating individuals returning unused pharmaceuticals.
3 New Paragraph; Pharmacies; Definition Added. Amend RSA 318:1 by inserting after paragraph VI-e the following new paragraph:
VI-f. “Law enforcement officer” means any officer of the state or political subdivision of the state who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter.
4 New Paragraph; Controlled Drug Act; Definition Added. Amend RSA 318-B:1 by inserting after paragraph XIV the following new paragraph:
XIV-a. “Law enforcement officer” means any officer of the state or political subdivision of the state who is empowered by law to conduct investigations of or to make arrests for offenses enumerated in this chapter.
5 New Paragraph; Controlled Drug Act; Acts Prohibited. Amend RSA 318-B:2 by inserting after paragraph XIV the following new paragraph:
XV. Persons who have lawfully obtained a controlled substance in accordance with this chapter or a person acting as an authorized agent for a person holding a lawful prescription for a controlled substance may deliver any unwanted or unused controlled substances to law enforcement officers acting within the scope of their employment and official duties for the purpose of collection, storage, and disposal of such controlled drugs in conjunction with a pharmaceutical drug take-back program established pursuant to RSA 318-E.
6 New Paragraph; Controlled Drug Act; Exemptions. Amend RSA 318-B:15 by inserting after paragraph II the following new paragraph:
III. Law enforcement officers engaged in the collection, storage, and disposal of controlled drugs in conjunction with a pharmaceutical drug take-back program established under RSA 318-E.
7 Controlled Drug Act; Terminology Change. Amend the section heading and the introductory paragraph of RSA 318-B:17 to read as follows:
318-B:17 Disposal of Controlled Drugs in Possession of [Peace Officer] Law Enforcement Officer. All controlled drugs, the lawful possession of which is not established or the title to which cannot be ascertained, which have come into the custody of a [peace officer] law enforcement officer shall be forfeited and disposed of as follows:
8 New Paragraph; Controlled Drug Act; Pharmaceutical Drug Take-Back Programs; Disposal of Drugs. Amend RSA 318-B:17 by inserting after paragraph I-b the following new paragraph:
I-c. All unwanted or unused controlled drugs which have come into the custody of a law enforcement officer, pursuant to a pharmaceutical drug take-back program, shall be disposed of in accordance with the disposal requirements for controlled drugs set forth under RSA 318-E.
9 New Paragraphs; Pharmacists and Pharmacies; Dealing in or Possessing Prescription Drugs. Amend RSA 318:42 by inserting after paragraph XV the following new paragraphs:
XVI. Law enforcement officers who are acting within the scope of their employment and official duties, from possessing prescription drugs for the purpose of collection, storage, and disposal of such prescription drugs, in conjunction with a pharmaceutical drug take-back program established pursuant to RSA 318-E.
XVII. Persons who possess prescription drugs pursuant to a lawful prescription or who are acting as an authorized agent for a person holding a lawful prescription, from delivering any unwanted or unused prescription drugs to law enforcement officers for the purpose of disposal of such prescription drugs in conjunction with a pharmaceutical drug take-back program established pursuant to RSA 318-E.
10 Effective Date. This act shall take effect January 1, 2012.