HB 1626-FN AS AMENDED BY THE HOUSE
10Mar2016... 0221h
2016 SESSION
\t16-2632
\t01/05
HOUSE BILL\t1626-FN
AN ACT\trelative to drug take-back programs.
SPONSORS:\tRep. V. Sullivan, Hills. 16; Rep. Lachance, Hills. 8; Rep. Boehm, Hills. 20; Sen. Carson, Dist 14
COMMITTEE:\tCriminal Justice and Public Safety
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AMENDED ANALYSIS
\tThis bill adds illicit drugs and drug paraphernalia to the drug take-back programs. Under this bill, the drug take-back program may have an on site employee, staff member, or volunteer to offer aid to persons returning the drugs in finding suitable rehabilitation assistance.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10Mar2016... 0221h\t16-2632
\t01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to drug take-back programs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Controlled and Non-Controlled Drug Take-Back Programs. Amend the chapter heading of RSA 318-E to read as follows:
CONTROLLED AND NON-CONTROLLED
[PHARMACEUTICAL] DRUG TAKE-BACK PROGRAMS
\t2 Controlled and Non-Controlled Drug Take-Back Programs. Amend RSA 318-E:1 to read as follows:
\t318-E:1 [Pharmaceutical] Drug Take-Back Programs Authorized.
\t\tI. 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] and illicit drug and drug paraphernalia take-back program. For the purposes of this chapter, ["pharmaceutical drug''] "drug" means a prescription or over-the-counter drug, including, but not limited to, controlled drugs as defined in this chapter and any illicit drugs such as cocaine, heroin, and paraphernalia.
\t\tII. 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 without penalty and with amnesty.
\t\tIII. The department of justice, in consultation with the pharmacy board, the department of safety, and the department of environmental services shall establish rules, pursuant to RSA 541-A, for the collection, storage, and disposal of collected drugs in accordance with applicable state and federal statutes and regulations.
\t\tIV. 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.
\t\tV. 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.
\t\tVI. [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].
\t\tVII. Persons who return drugs or paraphernalia may be provided with the opportunity to speak with an employee, staff member, or volunteer who shall aid them in finding suitable rehabilitation assistance.
\t3 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2632
\t\t\t\t\t\t\t\t\t\t\t12/17/15
HB 1626-FN- FISCAL NOTE
AN ACT\trelative to drug take-back programs.
FISCAL IMPACT:
The Department of Safety, Department of Environmental Services, New Hampshire Association of Counties, and New Hampshire Municipal Association state this bill, as introduced, may increase state, county, and local expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on state, county, and local revenue.
METHODOLOGY:
The Department of Safety states this bill adds illicit drugs and paraphernalia to existing drug take-back programs, and requires the chief law enforcement officer of a law enforcement agency establish such a program. The Department states the inclusion of these illicit drugs may increase collection and disposal costs to the state, counties, and local governments operating these facilities. In addition, the bill requires such facilities to have an on-site substance abuse counselor available, which may increase costs for all three levels of government. Additionally, the bill requires the Department adopt rules relative to collection, storage, and disposal of the additional drugs. Since this rulemaking responsibility is shared with other departments, it will result in additional costs to the Department of Safety only if it adds many additional hours of work, in which case an additional part-time paralegal or attorney will be required.
The Department of Environmental Services says the bill may result in an indeterminable increase in expenditures due to the need to develop rules as required by the bill.
The New Hampshire Association of Counties states the bill may increase county expenditures by an indeterminable amount as a result of being required to establish drug take-back programs and have on-site substance abuse counselors available.
The New Hampshire Municipal Association states the bill may increase municipal expenditures by an indeterminable amount as a result of being required to establish drug take-back programs and have on-site substance abuse counselors available.
The Department of Justice and the Office of Professional Licensure and Certification state this bill will have no fiscal impact.