HB 597-FN - AS INTRODUCED
2013 SESSION
01/09
HOUSE BILL 597-FN
AN ACT relative to mandatory drug testing for certain health care workers.
SPONSORS: Rep. Copeland, Rock 19; Rep. Schlachman, Rock 18; Rep. P. Schmidt, Straf 19; Rep. St. James, Rock 13
COMMITTEE: Health, Human Services and Elderly Affairs
This bill requires the commissioner of the department of health and human services to establish a program requiring facilities licensed under RSA 151 to perform mandatory drug testing on health care workers employed in such facilities. This bill grants rulemaking authority to the commissioner for the purposes of the bill.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0004
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to mandatory drug testing for certain health care workers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Subdivision; Mandatory Drug Testing Program. Amend RSA 151 by inserting after section 40 the following new subdivision:
Mandatory Drug Testing Program
151:41 Mandatory Drug Testing Program. The commissioner of health and human services shall establish a mandatory random drug testing program to be implemented in facilities licensed pursuant to this chapter for the purpose of testing all health care workers employed by such facilities for drug use. The drug testing shall be performed at random on each health care worker at least 4 times per year. Facilities shall immediately report a health care worker’s failure to pass a drug test to the commissioner. Failure by facilities to perform drug testing in accordance with this subdivision and rules adopted pursuant to it shall result in suspension of licensure and any appropriate remedy under this chapter. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to content and format of any forms required by this subdivision and any other matter necessary to implement this subdivision.
2 Effective Date. This act shall take effect January 1, 2014.
LBAO
13-0004
Revised 01/31/13
HB 597 FISCAL NOTE
AN ACT relative to mandatory drug testing for certain health care workers.
FISCAL IMPACT:
The Department of Health and Human Services and the New Hampshire Association of Counties state this bill, as introduced, will increase county expenditures and may increase local expenditures by an indeterminable amount in FY 2014 and each year thereafter. There will be no fiscal impact on state expenditures, or state, county, or local revenue.
METHODOLOGY:
The Department of Health and Human Services states this bill would require facilities licensed under RSA 151 to conduct random drug testing at least four times per year on all health care workers employed by the facility. If an employee fails a drug test, the facility must report the failure to the Commissioner. The Department indicates there will be no cost to the State since it is not required to conduct the testing, but there will be a cost to the counties as the county nursing homes will be required to perform drug testing on their employees. The Department states further that there may be some cost to cities and towns as a few operate Home Health Care Agencies licensed under RSA 151. The Department does not have information on the number of healthcare employees who would be subject to testing or on the cost per test and is not able to determine the fiscal impact.
The Association of Counties states this bill will have a significant cost to the counties in the 11 nursing homes and 3 assisted living facilities operated by county government. The Association indicates there are hundreds of full-time, part-time, per diem, on call, and contract workers who may be subject to the required testing. The Association cannot determine the actual increase in county expenditures without more information on the type of testing or which employees will require testing.