Revision: Jan. 15, 2020, 8:42 a.m.
SB 703-FN - AS INTRODUCED
2020 SESSION
20-3069
01/04
SENATE BILL 703-FN
AN ACT relative to the use of cannabis for therapeutic purposes program.
SPONSORS: Sen. Reagan, Dist 17; Sen. Rosenwald, Dist 13; Sen. Bradley, Dist 3; Rep. Cushing, Rock. 21
COMMITTEE: Health and Human Services
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ANALYSIS
This bill makes certain changes to the law regarding the use of cannabis for therapeutic purposes, including clarifying the information required on the registry identification cards.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-3069
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to the use of cannabis for therapeutic purposes program.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, VII(b) to read as follows:
(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 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].
2 Use of Cannabis for Therapeutic Purposes; Definitions. Amend RSA 126-X:1, XI to read as follows:
XI. "Registry identification card" means a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual as a qualifying patient or a designated caregiver.
3 Use of Cannabis for Therapeutic Purposes. Amend RSA 126-X:1, XVII to read as follows:
XVII. "Written certification" means documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a provider-patient relationship. [The date of issuance and the patient's qualifying medical condition, symptoms or side effects, the certifying provider's name, medical specialty, and signature shall be specified on the written certification.]
4 Use of Cannabis for Therapeutic Purposes; Prohibitions and Limitations on the Therapeutic Use of Cannabis. Amend RSA 126-X:3, VIII to read as follows:
VIII. A facility caregiver shall treat cannabis in a manner similar to [medications] other narcotics with respect to its storage, security, and administration when assisting qualifying patients with the therapeutic use of cannabis.
5 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-X:4, I(a) and (b) to read as follows:
(a) Written certification [as defined in RSA 126-X:1] which includes the date of issuance, the patient’s qualifying medical condition, symptoms, or side effects, and the certifying provider’s name, medical specialty, and signature. If a written certification has been previously issued for fewer than 3 years, a provider may extend the written certification, provided that the written certification shall not exceed 3 years.
(b) An application or a renewal application accompanied by the application or renewal fee. A renewal application and fee is not required if the applicant receives an extension to the written certification previously issued for fewer than 3 years.
6 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-X:4, I(e) and the introductory paragraph of (f) to read as follows:
(e) Name[, address, and telephone number] of the applicant's provider.
(f) Name[, address,] and date of birth of the applicant's designated caregiver, if any. A qualifying patient shall have only one designated caregiver, except as follows:
7 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-X:4, II(d) to read as follows:
(d) Name, residential and mailing address, and date of birth of each qualifying patient for whom the applicant will act as designated caregiver, except that if the qualifying patient is homeless, no residential address is required. [An applicant shall not act as a designated caregiver for more than 5 qualifying patients.]
8 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend the introductory paragraph and RSA 126-X:4, IV and subparagraphs (a)-(b) to read as follows:
IV. The department shall create and issue a registry identification card to a person applying as a qualifying patient or designated caregiver within 5 days of approving an application or renewal. Each registry identification card shall expire one year after the [date of issuance] effective date of the card, unless the provider states in the written certification that the certification should expire at an earlier [specified] or later effective date, not to exceed 3 years, then the registry identification card shall expire on that date. Registry identification cards shall contain all of the following:
(a) Name, mailing address, and date of birth of the qualifying patient or designated caregiver.
(b) The date of issuance, effective date, and expiration date of the registry identification card.
9 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-X:4, XI(a) to read as follows:
XI.(a) The department shall create and maintain a confidential registry of each individual who has applied for and received a registry identification card as a qualifying patient or a designated caregiver in accordance with the provisions of this chapter. Each entry in the registry shall contain the qualifying patient's or designated caregiver's name, mailing address, date of birth, date of registry identification card issuance, effective date of registry identification card, date of registry identification card expiration, random 10-digit identification number, and registry identification number of the qualifying patient's designated alternative treatment center, if any. The confidential registry and the information contained in it shall be exempt from disclosure under RSA 91-A.
10 Use of Cannabis for Therapeutic Purposes; Registry Identification Cards. Amend RSA 126-X:4, X(b)(5) to read as follows:
(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] reason to believe the information is false or falsified.
11 Use of cannabis for Therapeutic Purposes; Departmental Rules. Amend RSA 126-X:6, I(b) to read as follows:
(b) The form and content of providers' written certifications, including the administrative process for tracking extensions pursuant to RSA 126-X:4, I.
12 Repeal. The following are repealed:
I. RSA 126-X:4, II(e), relative to street address of the alternative treatment center.
II. RSA 126-X:4, IX(e), relative to failure of a qualifying patient or designated caregiver for providing changes to name, address or designated caregiver.
III. RSA 126-X:6, I(e), relative to departmental rules regarding certain fines.
13 Effective Date. This act shall take effect 60 days after its passage.
20-3069
1/7/20
SB 703-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the use of cannabis for therapeutic purposes program.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Therapeutic cannabis program fee and registration revenue. | |||
METHODOLOGY:
This bill makes a variety of changes to RSA 126-X, the statute governing the therapeutic cannabis program. The Department of Health and Human Services assumes that sections 5, 8, and 11 of the bill, relative to the duration of a provider's written certification and the duration of registry identification cards issued to patients, will result in fewer renewal applications received by the Department. This will in turn result in reduced application fee revenue, which, since the program is required by statute to be self-funding, may result in increased registration fees paid by the four alternative treatment centers (ATC). The Department further speculates that sections 2, 8, and 9 (relative to effective dates printed on registry identification cards), sections 5, 8, and 11 (relative to three-year certifications and certification extensions), and sections 6 and 12 (relative to application requirements) will result in indeterminable administrative expenses related to updating application forms, information sheets, and registry ID cards. Any such cost will result in higher registration fees paid by the ATCs. Finally, while section 12 (relative to the removal of fine authority in certain cases) would theoretically reduce fine revenue, the Department notes that it has never exercised this fine authority and so as a practical matter the section will have no impact.
It is assumed any fiscal impact from this bill will not occur until FY 2021.
AGENCIES CONTACTED:
Department of Health and Human Services