Revision: March 8, 2016, midnight
\t \t\tHB 1681-FN - AS INTRODUCED
2016 SESSION
\t16-2501
\t01/10
HOUSE BILL\t1681-FN
AN ACT\trelative to hypodermic syringes and needles containing trace amounts of controlled drugs.
SPONSORS:\tRep. Hannon, Straf. 25; Rep. Bouldin, Hills. 12; Rep. Edwards, Hills. 11; Rep. Frazer, Merr. 13; Rep. Wright, Carr. 8; Rep. J. Ward, Rock. 19; Rep. Avellani, Carr. 5; Rep. Biggie, Hills. 23; Rep. Hull, Graf. 9; Rep. C. McGuire, Merr. 29; Sen. Boutin, Dist 16; Sen. Watters, Dist 4
COMMITTEE:\tHealth, Human Services and Elderly Affairs
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ANALYSIS
\tThis bill exempts trace amounts of controlled substances in hypodermic syringes and needles from the provisions of the controlled drug act. The bill also authorizes persons other than pharmacists to dispense hypodermic syringes and needles and allows them to be sold in retail establishments other than pharmacies.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2501
\t01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to hypodermic syringes and needles containing trace amounts of controlled drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Sale of Hypodermic Syringes and Needles. RSA 318:52-c is repealed and reenacted to read as follows:
\t318:52-c Sale of Hypodermic Syringes and Needles.
\t\tI. No person shall sell, furnish, or give to any person, under 18 years of age, an instrument commonly known as a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of drugs by injection without the written or oral prescription of a duly licensed physician, dentist, veterinarian, podiatrist, or advanced practice registered nurse. Such prescription shall contain the name and address of the patient, the date of the prescription, the description of the instrument prescribed, and the number of instruments prescribed.
\t\tII. The following conditions shall apply to all purchases of hypodermic syringes or needles:
\t\t\t(a) Retailers and dispensers of hypodermic syringes, needles, or any instrument adapted for the administration of drugs by injection shall provide to each purchaser at the time of purchase information regarding the safe disposal of hypodermic syringes or needles, including local disposal locations or a telephone number to call for such information, if appropriate.
\t\t\t(b) Retailers and dispensers shall also provide purchasers with information on drug addiction treatment, including a local telephone number to get assistance, if appropriate.
\t2 Controlled Drug Act; Definitions. Amend the introductory paragraph of RSA 318-B:1, X-a to read as follows:
\t\tX-a. "Drug paraphernalia'' means all equipment, products and materials of any kind which are used or intended for use or customarily intended for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of this chapter; provided that "drug paraphernalia" shall not include hypodermic syringes and needles with or without trace amounts of any intravenous drugs. It includes, but is not limited to:
\t3 New Paragraph; Controlled Drug Act; Definition Added. Amend RSA 318-B:1 by inserting after paragraph XXXI the following new paragraph:
\t\tXXXI-a. "Trace amount" means an unusable amount of a controlled substance in or on a hypodermic syringe or needle.
\t4 Controlled Drug Act; Acts Prohibited. Amend RSA 318-B:2, IV(d) to read as follows:
\t\t\t(d) The proximity of any residue of controlled substances, except for hypodermic syringes and needles with or without trace amounts;
\t5 Controlled Drug Act; Disposal of Controlled Drugs in Possession of Practitioner. Amend RSA 318-B:17-a to read as follows:
\t318-B:17-a Disposal of Controlled Drugs in Possession of Practitioner. No person other than the pharmacy board, its officers, agents, and inspectors is authorized to destroy any out-dated, deteriorated, excessive or otherwise unwanted or confiscated controlled drugs which are in the possession of a practitioner, veterinarian, pharmacy, peace officer, nursing home, manufacturer, wholesaler, clinic, or laboratory or hospital. No payment shall be made to any person or institution for any drug surrendered for destruction. A record shall be maintained which indicates the name, strength, and quantity of all drugs destroyed; the place and manner of destruction; the date and time destroyed; the name of the practitioner or institution surrendering the drugs; and the signature and title of the person witnessing destruction. Such records shall conform to any federal requirements and shall be open to inspection by all federal or state officers charged with the enforcement of federal or state controlled drug laws. This section shall not apply to trace amounts in hypodermic syringes and needles.
\t6 Controlled Drug Act; Penalties. Amend RSA 318-B:26, I(c)(4) to read as follows:
\t\t\t\t(4) Heroin or its analog or crack cocaine in a quantity of less than one gram, including any adulterants or dilutants; provided that trace amounts shall not be subject to this subparagraph;
\t7 Repeal. RSA 318:52-d, recording and filing of prescriptions for hypodermic syringes and needles, is repealed.
\t8 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2501
\t\t\t\t\t\t\t\t\t\t\t12/23/15
HB 1681-FN- FISCAL NOTE
AN ACT\trelative to hypodermic syringes and needles containing trace amounts of controlled drugs.
FISCAL IMPACT:
The Office of Legislative Budget Assistant states this bill, as introduced, may decrease state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. The Office of Professional Licensing and Certification states this bill would increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill may reduce penalties that have an impact on the New Hampshire judicial and correctional systems. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. There is no method to determine how many fewer charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties contained in this bill. See table below for average cost information:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Routine Criminal Felony Case | $449 | $470 |
Appeals | Varies | Varies |
It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types. | ||
Judicial Council |
|
|
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. |
Contract Attorney – Felony | $756/Case | $756/Case |
Contract Attorney – Misdemeanor | $275/Case | $275/Case |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
Assigned Counsel – Misdemeanor | $60/Hour up to $1,400 | $60/Hour up to $1,400 |
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). | ||
Department of Corrections |
|
|
FY 2015 Average Cost of Incarcerating an Individual | $34,336 | $34,336 |
FY 2015 Average Cost of Supervising an Individual on Parole/Probation | $520 | $520 |
NH Association of Counties |
|
|
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
The Office of Professional Licensure and Certification for the Board of Pharmacy states the bill would require inspection of an indeterminable number of additional locations selling syringes and require changes to the Board’s administrative rules. The Office states the cost of rulemaking and additional inspections performed by the Board cannot be determined.
The Department of Justice states it prosecutes major drug crimes typically involving large quantities of drugs. The Attorney General’s Drug Task Force investigates street level drug crimes involving the sale of quantifiable amounts of controlled drugs. The Department states the proposed bill deals only with trace amounts of drugs and would not have a fiscal impact on the Department.