Revision: March 8, 2016, midnight
\t \t\tSB 523-FN - AS INTRODUCED
2016 SESSION
\t16-2980
\t01/10
SENATE BILL\t523-FN
AN ACT\trelative to the controlled drug prescription health and safety program.
SPONSORS:\tSen. Sanborn, Dist 9; Sen. Avard, Dist 12; Sen. Cataldo, Dist 6; Sen. Reagan, Dist 17; Rep. C. McGuire, Merr. 29
COMMITTEE:\tCommerce
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ANALYSIS
\tThis bill makes various changes to the controlled drug prescription health and safety program, including:
\tI. Requiring prescribers to query the program prior to prescribing controlled drugs.
\tII. Requiring opioid agreements between prescribers and patients if the patient is using opioids for more than 90 days within any 6-month period.
\tIII. Authorizing the program to allow access to information by the office of the chief medical examiner.
\tIV. Requiring all controlled drugs sold in New Hampshire to be tamper proof.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2980
\t01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the controlled drug prescription health and safety program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Controlled Drug Prescription Health and Safety Program; Definitions. Amend RSA 318-B:31, VI to read as follows:
\t\tVI. "Practitioner'' means a physician, dentist, podiatrist, veterinarian, pharmacist, APRN, physician assistant, naturopath, or other person licensed or otherwise permitted to prescribe, dispense, or administer a controlled substance in the course of licensed professional practice. "Practitioner" shall also include practitioners with a federal license to prescribe or administer a controlled substance.
\t2 New Paragraph; Controlled Drug Prescription Health and Safety Program Operation; Reports Required. Amend RSA 318-B:33 by inserting after paragraph VIII the following new paragraph:
\t\tIX. The board shall submit a monthly report to the commissioner of the department of health and human services relative to prescriptions written as compared to prescriptions delivered.
\t3 New Sections; Registrants Required to Query the Program Prior to Prescribing Controlled Substances; Opioid Agreements. Amend RSA 318-B by inserting after section 38 the following new sections:
\t318-B:39 Prescribers Required to Query the Program Prior to Prescribing Controlled Substances. Prescribers required to register with the program under this subdivision shall query the program for a patient’s initial prescription and for any renewals of schedule II, III, and IV substances, except when:
\t\tI. Controlled medications are to be administered to patients in a health care setting.
\t\tII. Treating acute pain associated with serious traumatic injury, post-operatively, or with an acute medical condition, with clear objective findings by the practitioner, for no more than 30 days.
\t318-B:40 Opioid Agreements Required. A practitioner and his or her patient shall enter into an opioid treatment agreement if the patient is using opioids for more than 90 days within any 6-month period. The agreement shall include, but not be limited to:
\t\tI. The medical basis for the use of opioids.
\t\tII. A statement of the risks and potential side effects of long-term use of opioids.
\t\tIII. The patient's agreement to seek opioids only from the practitioner with whom the agreement is made and to not share the medication with others.
\t\tIV. The name of the single pharmacy at which the prescription will be filled.
\t\tV. The patient's agreement to forego controlled substances not included in the pain management agreement.
\t\tVI. Permission for the practitioner to conduct random drug tests to verify the proper use of the prescription.
\t\tVII. A statement of the consequences of violating the agreement, including that if the patient breaches the agreement, the practitioner may stop prescribing the pain-control medicines or terminate the practitioner-patient relationship.
\t\tVIII. Any other provisions to which the patient and the practitioner agree.
\t4 New Section; Controlled Drugs; Tamper Proof. Amend RSA 318-B by inserting after section 1-c the following new section:
\t318-B:1-d Controlled Drugs Required to be Tamper Proof. Controlled drugs and controlled drug analogs subject to regulation under this chapter shall be sold only in a tamper-proof form.
\t5 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2980
\t\t\t\t\t\t\t\t\t\t\t1/25/16
SB 523-FN- FISCAL NOTE
AN ACT\trelative to the controlled drug prescription health and safety program.
FISCAL IMPACT:
The Office of Professional Licensure states this bill, as introduced, may increase state expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact to state, county, and local revenue or county and local expenditures.
METHODOLOGY:
The Office of Professional Licensure states this bill requires prescribers to query the prescription drug health and safety program prior to prescribing controlled substances. The existing prescription drug health and safety program system is not capable of handling the increased traffic that would result from mandatory usage. The Office is in discussion with a vendor to determine the actual costs required for the information technology enhancements to support mandatory usage; however the actual cost at this time has not been established.