Revision: June 10, 2016, midnight
\t \t\tSB 523-FN - VERSION ADOPTED BY BOTH BODIES
03/10/2016 0852s
11May2016... 1313h
06/01/2016 2005CofC
06/01/2016 2148EBA
2016 SESSION
\t16-2980
\t01/10
SENATE BILL\t523-FN
AN ACT\trelative to the controlled drug prescription health and safety program and establishing a commission to study requiring controlled drugs and controlled drug analogs to be provided in abuse-deterrent formulation.
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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AMENDED ANALYSIS
This bill:
\tI. Adds naturopaths to the definition of practitioner for the purposes of the controlled drug prescription health and safety program.
\tII. Establishes a commission to study requiring controlled drugs and controlled drug analogs to be provided in abuse-deterrent formulation.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/10/2016 0852s
11May2016... 1313h
06/01/2016 2005CofC\t16-2980
06/01/2016 2148EBA\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 and establishing a commission to study requiring controlled drugs and controlled drug analogs to be provided in abuse-deterrent formulation.
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 Section; Commission to Study Requiring Controlled Drugs and Controlled Drug Analogs to be Provided in Abuse-Deterrent Formulation. Amend RSA 318-B by inserting after section 40 the following new section:
\t318-B:41 Commission Established; Membership; Duties.
\t\tI. There is established a commission to study requiring controlled drugs and controlled drug analogs to be provided in abuse-deterrent formulation.
\t\t\t(a) The members of the commission shall be as follows:
\t\t\t\t(1) One member of the senate, appointed by the president of the senate.
\t\t\t\t(2) One member of the house of representatives, appointed by the speaker of the house of representatives.
\t\t\t\t(3) The commissioner of the department of health and human services, or designee.
\t\t\t\t(4) A pharmacist, appointed by the board.
\t\t\t\t(5) Three licensed physicians, one of whom shall specialize in pain medicine, one of whom shall specialize in addiction medicine, and one of whom practices in the field of primary care medicine, appointed by the board of medicine.
\t\t\t\t(6) An APRN, appointed by the New Hampshire board of nursing.
\t\t\t\t(7) A representative of an abuse-deterrent drug manufacturer, appointed by the governor.
\t\t\t\t(8) A representative of an insurance company, appointed by the governor.
\t\t\t\t(9) The executive director of New Futures, or designee.
\t\t\t(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
\t\tII.(a) The commission shall study requiring controlled drugs and controlled drug analogs to be provided in abuse-deterrent formulation when available. The commission's study shall include, but not be limited to:
\t\t\t\t(1) The cost effectiveness of requiring such drugs to be provided in abuse-deterrent formulation.
\t\t\t\t(2) Whether the abuse-deterrent formulation of the drugs work.
\t\t\t\t(3) Whether the abuse-deterrent formulation of such drugs are readily available.
\t\t\t\t(4) The effect requiring such drugs to be provided in abuse-deterrent formulation will have on insurance premiums.
\t\t\t\t(5) A review of current insurance carrier coverage and prior authorization practices.
\t\t\t(b) The commission shall solicit information from any person or entity the commission deems relevant to its study.
\t\tIII. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
\t\tIV. The commission shall make a report on or before November 1, 2016 indicating its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.
\t3 Repeal. RSA 318-B:41, relative to a commission to study requiring controlled drugs and controlled drug analogs to be provided in abuse-deterrent formulation, is repealed.
\t4 Contingent Renumbering. If HB 1423-FN of the 2016 regular legislative session becomes law, RSA 318-B:41 as inserted by section 2 of this act and as repealed in section 3 of this act shall be renumbered as RSA 318-B:42.
\t\tI. Section 3 of this act shall take effect November 1, 2016.
\t\tII. Sections 2 and 4 of this act shall take effect upon its passage.
\t\tIII. The remainder of 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\tAmended 3/16/16
SB 523-FN- FISCAL NOTE
AN ACT\trelative to the controlled drug prescription health and safety program and establishing a commission to study requiring controlled drugs and controlled drug analogs to be provided in abuse-deterrent formulation.
FISCAL IMPACT:
The Office of Professional Licensure and Certification states this bill, as amended by the Senate (Amendment #2016-0852s), 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 and Certification 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.