SB 435 - AS INTRODUCED
2016 SESSION
\t16-2909
\t09/04
SENATE BILL\t435
AN ACT\trelative to the reporting of the unauthorized diversion of controlled drugs.
SPONSORS:\tSen. Carson, Dist 14; Sen. Fuller Clark, Dist 21; Rep. Packard, Rock. 5; Rep. Rosenwald, Hills. 30; Rep. Kotowski, Merr. 24
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill requires individuals who have access to controlled drugs or are licensed to prescribe controlled drugs to report suspected or attempted drug diversion to the drug diversion unit of the division of state police. The bill also permits non-licensed individuals who suspect drug diversion to make such a report, provides immunity for persons who make such reports based on a good faith belief, and authorizes the drug diversion unit to investigate such reports.
\tThis bill is request of the commission to study oversight, regulation, and reporting of patient safety and infectious disease prevention and control issues in health care settings, established by 2015, 147 (SB 56).
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2909
\t09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the reporting of the unauthorized diversion of controlled drugs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Section; Reporting of Known or Suspected Drug Diversion. Amend RSA 318-B by inserting after section 2-b the following new section:
\t318-B:2-c Reporting of Known or Suspected Drug Diversion.
\t\tI. In this section:
\t\t\t(a) “Drug diversion” means any diversion of drugs from legal and medically necessary uses toward uses that are illegal and typically not medically authorized or necessary.
\t\t\t(b) "Drug diversion unit" means the subsection of the narcotics and investigation section of the division of state police, department of safety.
\t\tII.(a) Any individual who has access to controlled drugs and/or is licensed to prescribe controlled drugs shall report suspected or attempted drug diversion activities to the drug diversion unit, in person or by mail, electronic mail, or telephone.
\t\t\t(b) When making such a report, submitting a copy of Drug Enforcement Administration form DEA 106 to the drug diversion unit is sufficient if the form was already completed for the Drug Enforcement Administration pursuant to 21 C.F.R. section 1301.76 (b), or section 1301.74 (c).
\t\t\t(c) Failure by such an individual to report suspected drug diversion is a violation for a first offense, and a class B misdemeanor for any subsequent offense.
\t\tIII. Any individual who does not have access to controlled drugs or is not licensed to prescribe controlled drugs may report any suspected drug diversion to the drug diversion unit.
\t\tIV. An individual reporting under this section shall be immune from civil liability if he or she had a good faith belief that drug diversion had occurred, was occurring, or was about to occur when the report was made .
\t\tV. Upon receipt of a report under this section, the drug diversion unit shall investigate the report and, if the unit finds that the report is credible, shall take appropriate action.
\t2 Certain Communications Not Privileged. Amend RSA 318-B:21 to read as follows:
\t318-B:21 Certain Communications Not Privileged. Information communicated to a practitioner in an effort unlawfully to procure a controlled drug, or unlawfully to procure the administration of any such drug, shall not be deemed a privileged communication, and the re-communication of such information by a practitioner to law enforcement shall not be deemed a privileged communication.
\t3 Effective Date. This act shall take effect 60 days after its passage.