Bill Text - SB652 (2020)

(New Title) relative to possessing controlled drugs for public health purposes.


Revision: March 5, 2020, 6:38 p.m.

SB 652 - AS AMENDED BY THE SENATE

 

03/05/2020   0731s

2020 SESSION

20-3068

01/05

 

SENATE BILL 652

 

AN ACT relative to possessing controlled drugs for public health purposes.

 

SPONSORS: Sen. Reagan, Dist 17; Sen. French, Dist 7; Sen. Kahn, Dist 10; Rep. Roy, Rock. 32

 

COMMITTEE: Judiciary

 

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AMENDED ANALYSIS

 

This bill authorizes certain agents of the department of health and human services to possess controlled drugs for public health purposes.

 

This bill is a request of the department of health and human services.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/05/2020   0731s 20-3068

01/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to possessing controlled drugs for public health purposes.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Chapter; Authorization to Possess Controlled Drugs For Public Health Purposes.  Amend RSA by inserting after chapter 141-J the following new chapter:

CHAPTER 141-K

AUTHORIZATION TO POSSESS CONTROLLED DRUGS

 FOR PUBLIC HEALTH PURPOSES

141-K:1  Authorization to Possess Controlled Drugs For Public Health Purposes.

I.  In this chapter, "department" means the department of health and human services.

II.  Authorized agents of the department may possess, transport, deliver, or transfer voluntarily surrendered controlled drugs or controlled drug analogs as defined in RSA 318-B:1, whether known or unknown, that may pose a threat to public health for the purpose of the investigation, laboratory testing, and regulatory oversight.  Such agents shall not be subject to arrest by state or local law enforcement, prosecution or penalty under state or municipal law, or search, while possessing, transporting, delivering, or transferring controlled drugs or controlled drug analogs in accordance with this paragraph.  Such agents shall possess department-issued employee identification at all times when in possession of such substances and shall produce the identification to state or local law enforcement officials upon request.

III.  Authorized agents of the department shall package and store any controlled drugs or controlled drug analogs in a sealed leak-proof container or bag.  When transporting in a motor vehicle, any such container shall be kept in a separate locked storage receptacle or compartment in the vehicle.

IV.  Any information received or created under this chapter shall be confidential and not subject to disclosure pursuant to RSA 91-A.

2  Effective Date.  This act shall take effect 60 days after its passage.