Revision: Dec. 24, 2015, midnight
\t \t\tSB 419-FN - AS INTRODUCED
2016 SESSION
\t16-2713
\t01/04
SENATE BILL\t419-FN
AN ACT\trelative to certain changes in the law governing the therapeutic use of cannabis.
SPONSORS:\tSen. Reagan, Dist 17
COMMITTEE:\tHealth and Human Services
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ANALYSIS
\tThis bill clarifies the providers who are qualified to prescribe cannabis for therapeutic purposes. This bill also changes the amount of cannabis alternative treatment centers may possess.
\tThis bill is a request of the department of health and human services.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2713
\t01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to certain changes in the law governing the therapeutic use of cannabis.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Use of Cannabis for Therapeutic Purposes; Definitions. RSA 126-X:1, VII(a) is repealed and reenacted to read as follows:
\t\t\t(a) “Provider” means:
\t\t\t\t(1) A physician licensed to prescribe drugs to humans under RSA 329 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;
\t\t\t\t(2) An advanced practice registered nurse licensed pursuant to RSA 326-B:18 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances; or
\t\t\t\t(3) A physician or advanced practice registered nurse licensed to prescribe drugs to humans under the relevant state licensing laws in Maine, Massachusetts, or Vermont and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.
\t2 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, VII(b) to read as follows:
\t\t\t(b) For a visiting qualifying patient, “provider” means an individual licensed to prescribe drugs to humans in the state of the patient’s residence and who possesses [certification] an active registration from the United States Drug Enforcement Administration to prescribe controlled substances. Such visiting patient shall not be eligible to purchase or transfer cannabis from an eligible New Hampshire patient.
\t3 Use of Cannabis for Therapeutic Purposes; Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, II-a to read as follows:
\t\tII-a. In addition to the information required pursuant to paragraph II, the department shall also receive [results of a criminal history records check] notification of any felony convictions from the division of state police. A person applying to be a designated caregiver shall submit directly to the department of safety a notarized criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of [his or her criminal history record, if any,] any felony convictions to the department. The applicant shall submit with the release form a complete set of electronic fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances of no felony convictions from every city, town, or county where the person has lived during the past 5 years. The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall[ submit a copy of the criminal history records to the department] report to the department whether or not there are any felony convictions. The department shall maintain the confidentiality of [all] criminal history [records] record information received pursuant to this section. The applicant shall bear the cost of a criminal history records check.
\t4 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-X:4, VII(b) to read as follows:
\t\t\t(b) The department shall track the number of qualifying patients certified by each provider and registered with the department. Any concerns regarding provider conduct shall be referred to the New Hampshire board of medicine [or], the New Hampshire board of nursing, or the appropriate regulatory entity in Maine, Massachusetts, or Vermont.
\t5 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-X:4, IX(c) to read as follows:
\t\t\t(c) When a qualifying patient or a designated caregiver notifies the department of any change to a name[,] or address, [or alternative treatment center,] the department shall issue the qualifying patient or designated caregiver a new registry identification card with a new random 10-digit identification number within 20 days of receiving the updated information.
\t6 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-X:4, XI(b)(4) to read as follows:
\t\t\t\t(4) Requests by law enforcement under this section to the department pursuant to a sworn affidavit, search warrant, or court order, regardless of whether or not the name or address was found in the registry, shall be confidential under this chapter and exempt from disclosure under RSA 91-A. Aggregate data relative to such requests may be made public if it does not contain any identifying information regarding the specific law enforcement request.
\t\t\t\t(5) Counsel for the department may notify law enforcement officials about falsified or fraudulent information submitted to the department where counsel has made a legal determination that there is probable cause to believe the information is false or falsified.
\t7 Use of Cannabis for Therapeutic Purposes; Alternative Treatment Centers; Requirements. Amend RSA 126-X:8, XV(a) to read as follows:
\t\t\t(a) An alternative treatment center shall not possess or cultivate cannabis in excess of the following quantities:
\t\t\t\t(1) [Eighty cannabis plants, 160 seedlings, and] 80 ounces of usable cannabis[, or 6 ounces of usable cannabis per qualifying patient]; and
\t\t\t\t(2) [Three mature cannabis plants, 12 seedlings, and] 6 ounces of usable cannabis for each qualifying patient who has designated the alternative treatment center to provide him or her with cannabis for therapeutic use.
\t8 Effective Date. This act shall take effect upon its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2713
\t\t\t\t\t\t\t\t\t\t\t12/11/15
SB 419-FN- FISCAL NOTE
AN ACT\trelative to certain changes in the law governing the therapeutic use of cannabis.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as introduced, may increase state restricted revenue by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county or local revenue, or on state, county, or local expenditures.
METHODOLOGY:
The Department of Health and Human Services states this bill makes several changes to the Therapeutic Use of Cannabis statute (RSA 126-X), including allowing physicians and advanced practice registered nurses (APRN) licensed in Maine, Massachusetts, and Vermont to complete certifications for potentially qualifying patients. Currently, only physicians and APRNs licensed in New Hampshire are able to complete patient certifications. This change may increase by an indeterminable amount the number of potentially qualifying patients who apply for registry cards, which cost $50 apiece. This revenue would go into a fund dedicated to the Therapeutic Cannabis Program which is entirely funded with other funds consisting of revenue generated by licensing fees paid by the four alternative treatment centers, as well as fees for registry cards paid by potentially qualifying patients and dedicated caregivers.