Revision: May 20, 2016, midnight
\t \t\tSB 419-FN - VERSION ADOPTED BY BOTH BODIES
03/03/2016 0604s
11May2016... 1339h
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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AMENDED ANALYSIS
This bill clarifies the providers who are qualified to prescribe cannabis for therapeutic purposes. This bill authorizes certain facilities licensed under RSA 151 to assist qualifying patients in the therapeutic use of their cannabis. This bill also clarifies the confidentiality for requests by law enforcement officials for information under the use of cannabis for therapeutic purposes law.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/03/2016 0604s
11May2016... 1339h\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 New Paragraph; Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1 by inserting after paragraph VI the following new paragraph:
\t\tVI-a. “Facility caregiver” means a residential care facility, nursing home, hospital or hospice house licensed under RSA 151 which has agreed to allow one or more qualifying patients who are residents or patients of the facility to utilize therapeutic cannabis obtained by the resident or the resident’s designated caregiver from an alternative treatment center, and which has agreed to assist such residents in the therapeutic use of their cannabis in accordance with a policy developed by the facility, and in accordance with rules adopted by the commissioner of health and human services pursuant to RSA 541-A.
\t2 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 RSA 126-X:1, VII(a) is repealed and reenacted to read as follows: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 and who is primarily responsible for the patient's care related to his or her qualifying medical condition.
\t3 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.
\t4 New Paragraph; Use of Cannabis for Therapeutic Purposes; Therapeutic Use of Cannabis Protections. Amend RSA 126-X:2 by inserting after paragraph XV the following new paragraph:
\t\tXVI. A facility caregiver and those employees designated by the facility to assist qualifying patients, shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or search, for acting pursuant to this chapter and department rules to possess cannabis on the premises of the facility for the purpose of assisting a qualifying patient who is a resident or patient of the facility in the therapeutic use of the qualifying patient’s cannabis.
\t5 Use of Cannabis for Therapeutic Purposes; Prohibitions and Limitations on the Therapeutic Use of Cannabis. Amend RSA 126-X:3, III(c) to read as follows:
\t\t\t(c) Any accommodation of the therapeutic use of cannabis on the property or premises of any place of employment or on the property or premises of any residential care facility, nursing home, hospital or hospice house, jail, correctional facility, or other type of penal institution where prisoners reside or persons under arrest are detained. This chapter shall in no way limit an employer's ability to discipline an employee for ingesting cannabis in the workplace or for working while under the influence of cannabis.
\t6 New Paragraph; Use of Cannabis for Therapeutic Purposes; Prohibitions and Limitations on the Therapeutic Use of Cannabis. Amend RSA 126-X:3 by inserting after paragraph VII the following new paragraph:
\t\tVIII. A facility caregiver shall treat cannabis in a manner similar to medications with respect to its storage, security, and administration when assisting qualifying patients with the therapeutic use of cannabis.
\t7 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 showing 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] 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.
\t8 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. ]
\t\t\t(c) Any concerns regarding provider conduct shall be referred to the New Hampshire board of medicine, the New Hampshire board of nursing, or the appropriate regulatory entity in Maine, Massachusetts, or Vermont. The New Hampshire board of medicine, the New Hampshire board of nursing, or the appropriate regulatory entity in Maine, Massachusetts, or Vermont may direct the department to prohibit a provider's participation in New Hampshire's therapeutic cannabis program if the regulatory entity takes disciplinary action against a provider regarding the provider's involvement in the therapeutic cannabis program in New Hampshire or in his or her respective state.
\t9 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.
\t10 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 officials 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.
\t11 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.