Revision: March 8, 2016, midnight
\t \t\tHB 1210 - AS INTRODUCED
2016 SESSION
\t16-2087
\t01/10
HOUSE BILL\t1210
AN ACT\trelative to prescriptions for controlled drugs by telemedicine.
SPONSORS:\tRep. MacKay, Merr. 14; Rep. Fothergill, Coos 1; Rep. Snow, Hills. 42; Rep. Ford, Graf. 3; Rep. LeBrun, Hills. 32; Rep. Sherman, Rock. 24; Sen. Reagan, Dist 17; Sen. Fuller Clark, Dist 21
COMMITTEE:\tHealth, Human Services and Elderly Affairs
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ANALYSIS
\tThis bill clarifies when it is appropriate for practitioners to adjust or prescribe controlled drugs to patients by telemedicine.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2087
\t01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to prescriptions for controlled drugs by telemedicine.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Controlled Drug Act; Acts Prohibited; Exceptions. Amend RSA 318-B:2, XII-f to read as follows:
\t\tXII-f. It shall be unlawful for any person to prescribe by means of telemedicine a controlled drug classified in schedule II through IV, except as provided in RSA 318-B:2, XVI, (a) and (b).
\t2 Controlled Drug Act; Acts Prohibited; Exceptions. Amend RSA 318-B:2, XVI(a) to read as follows:
\t\tXVI.(a) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care, or who are treating patients at a state designated community mental health center pursuant to RSA 135-C or at a Substance Abuse and Mental Health Services Administration (SAMHSA)-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug. Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.
\t3 Physicians and Surgeons; Telemedicine. Amend RSA 329:1-d, IV(a) to read as follows:
\t\tIV.(a) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care, or who are treating patients at a state designated community mental health center pursuant to RSA 135-C or at a Substance Abuse and Mental Health Services Administration (SAMHSA)-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug. Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.
\t4 Nurse Practice Act; Telemedicine. Amend RSA 326-B:2, XII (d)(1) to read as follows:
\t\t\t(d)(1) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care, or who are treating patients at a state designated community mental health center pursuant to RSA 135-C or at a Substance Abuse and Mental Health Services Administration (SAMHSA)-certified state opioid treatment program, and shall require an initial in-person exam by a practitioner licensed to prescribe the drug. Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition and drug, but not less than annually.
\t5 Effective Date. This act shall take effect 60 days after its passage.