Revision: Feb. 14, 2023, 9:10 a.m.
SB 238-FN - AS INTRODUCED
2023 SESSION
23-0970
05/04
SENATE BILL 238-FN
AN ACT relative to the use of telemedicine to treat mental health conditions.
SPONSORS: Sen. Prentiss, Dist 5; Sen. Birdsell, Dist 19; Sen. Rosenwald, Dist 13; Sen. Altschiller, Dist 24; Sen. D'Allesandro, Dist 20; Sen. Perkins Kwoka, Dist 21; Sen. Whitley, Dist 15; Sen. Watters, Dist 4; Sen. Carson, Dist 14; Sen. Ricciardi, Dist 9; Rep. Merchant, Sull. 6; Rep. Palmer, Sull. 2; Rep. Morse, Graf. 9
COMMITTEE: Health and Human Services
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ANALYSIS
This bill permits doctors and APRNs to use telemedicine to prescribe medication to treat mental health conditions.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0970
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the use of telemedicine to treat mental health conditions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Physicians and Surgeons; Telemedicine. Amend RSA 329:1-d, III to read as follows:
III. It shall be unlawful for any person to prescribe by means of telemedicine a controlled drug classified in schedule II through IV, except substance use disorder (SUD) treatment and/or mental health conditions. Methadone hydrochloride, as defined in RSA 318-B:10, VII(d)(2) shall not be included in the exemption.
2 Nurse Practice Act; Definition of Telemedicine. Amend RSA 326-B:2, XII(c) to read as follows:
(c) It shall be unlawful for any person to prescribe by means of telemedicine a controlled drug classified in schedule II through IV except for use in substance use disorder treatment and/or mental health conditions.
3 Effective Date. This act shall take effect 60 days after its passage.
23-0970
Revised 2/13/23
SB 238-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the use of telemedicine to treat mental health conditions.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable |
METHODOLOGY:
This bill adds mental health conditions as a reason for which a medical professional may allowably prescribe a schedule II through IV controlled drug via telemedicine. Theoretically, this change may result in fewer criminal prosecutions, resulting in fewer misdemeanor penalties. Although there is no way to project the aggregate impact of this proposed change, the individual costs associated with such penalties can be seen below.
Judicial Branch | FY 2023 | FY 2024 through 12/31/23 | FY 2024 (Starting 1/1/24 with repeal of Felonies First) | |||
Violation and Misdemeanor Level Offense | $119 | $122 | $122 | |||
Appeals | Varies | Varies | Varies | |||
Judicial Council | FY 2023 | FY 2024 | ||||
Public Defender Program | Has contract with State to provide services. | Has contract with State to provide services. | ||||
Contract Attorney – Misdemeanor | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | $300/Case $70 administrative fee $100 incarceration fee (If applicable) | ||||
Assigned Counsel- Misdemeanor. Travel time to court does not count toward the cap. | $90/Hour up to $2,000 | $90/Hour up to $2,000 | ||||
Assigned Counsel - Supreme Court Appeal | $125/Hour up to $10,000 | $125/Hour up to $10,000 | ||||
It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake of new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments. | ||||||
NH Association of Counties | FY 2023 | FY 2024 | ||||
County Prosecution Costs | Indeterminable | Indeterminable | ||||
Estimated Average Daily Cost of Incarcerating an Individual | $105 to $125 | $105 to $125 | ||||
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, New Hampshire Association of Counties, and Department of Health and Human Services