Bill Text - HB1038 (2026)

Establishing a committee to study raising awareness of the law providing immunity from liability in certain cases involving drug overdoses.


Revision: Nov. 7, 2025, 10:15 a.m.

HB 1038  - AS INTRODUCED

 

 

2026 SESSION

26-3038

09/05

 

HOUSE BILL 1038

 

AN ACT establishing a committee to study raising awareness of the law providing immunity from liability in certain cases involving drug overdoses.

 

SPONSORS: Rep. Foss, Hills. 41; Rep. W. Thomas, Hills. 12; Rep. Newell, Ches. 4

 

COMMITTEE: Legislative Administration

 

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ANALYSIS

 

This bill establishes a committee to study raising awareness of the law providing immunity from liability in certain cases involving drug overdoses, known as the good Samaritan law.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

26-3038

09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty-Six

 

AN ACT establishing a committee to study raising awareness of the law providing immunity from liability in certain cases involving drug overdoses.

 

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

 

1  Committee Established.  There is established a committee to study ways to raise awareness of the good Samaritan law, RSA 318-B:28-b, to be known as the "better education on life-saving action committee."

2  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  Three members of the house of representatives, appointed by the speaker of the house of representatives.

(b)  One member of the senate, appointed by the president of the senate.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

3  Duties.  The committee's study shall include, but not be limited to:  

I.  Determination of ways to raise public awareness of the good Samaritan law, RSA 318-B:28-b, which provides immunity from liability in certain situations where medical assistance is requested for someone suffering from a drug overdose.

II.  Determination of which methods of advertisement and venues for such would best reach high-risk populations, and development of a strategy to better educate the public on the good Samaritan law, with special emphasis on high-risk people and areas.

III.  Determination of whether any state funding should be allocated to assist in raising public awareness.

IV.  Review of past and current methods of informing the public of the good Samaritan law and determine those methods' efficacy.

V.  Consideration of the impact that insufficient usage of the immunity offered under the law may have on New Hampshire's communities.  

VI.  Solicitation of information from the public and private sector, including, but not limited to, criminal justice professionals, harm reduction advocates, social service providers, and other experts in addiction and public heath.

VII.  Identification of the reasons why the good Samaritan immunities are not used more often.

4  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named house member.  The first meeting of the committee shall be held within 45 days of the effective date of this section.  Two members of the committee shall constitute a quorum.

5  Report.  The committee shall report its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2026.

6  Effective Date.  This act shall take effect upon its passage.