HB 1790-FN - AS INTRODUCED
2026 SESSION
26-2999
09/08
HOUSE BILL 1790-FN
AN ACT relative to involuntary admissions for certain individuals with a substance use disorder.
SPONSORS: Rep. Long, Hills. 26; Rep. Swanson, Hills. 5
COMMITTEE: Health, Human Services and Elderly Affairs
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ANALYSIS
This bill includes substance use disorder in the definition of mental illness for the purpose of evaluating whether a person may be involuntary admitted.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
26-2999
09/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
AN ACT relative to involuntary admissions for certain individuals with a substance use disorder.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Mental Health Services System. Amend RSA 135-C:2, XV-a to read as follows:
XV-a. "Substance use disorder" means the chronic or habitual consumption or ingestion of controlled substances or intentional inhalation of toxic vapors by a person to the extent that such use substantially injures the person's health or substantially interferes with the person's social or economic functioning; or the person has lost the power of self-control over the use of such controlled substances or toxic vapors.
XV-b. "Transitional housing program services" means a residential program that provides housing and support services to persons with serious and persistent mental illness through a contract with the department of health and human services.
2 New Paragraph; Involuntary Emergency Admission. Amend RSA 135-C:27 by inserting after paragraph II the following new paragraph:
III. Notwithstanding RSA 135-C:2, X, as used in this subdivision, "mental illness" means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It includes impairment primarily caused by substance use disorder, as that term is defined in RSA 135-C:2. It does not include impairment primarily caused by: epilepsy; intellectual disability; continuous or noncontinuous periods of intoxication caused by alcohol; or dependence upon or addiction to alcohol.
3 Nonemergency Involuntary Admission. Amend RSA 135-C:34 to read as follows:
135-C:34 Involuntary Treatment Standard. The standard to be used by a court, physician, or psychiatrist in determining whether a person should be admitted to a receiving facility for treatment on an involuntary basis shall be whether the person is in such mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or to others. Notwithstanding RSA 135-C:2, X, as used in this subdivision, "mental illness" means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It includes impairment primarily caused by substance use disorder, as that term is defined in RSA 135-C:2. It does not include impairment primarily caused by: epilepsy; intellectual disability; continuous or noncontinuous periods of intoxication caused by alcohol; or dependence upon or addiction to alcohol.
4 Effective Date. This act shall take effect January 1, 2027.
26-2999
12/16/25
HB 1790-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to involuntary admissions for certain individuals with a substance use disorder.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Health and Human Services. The Department was initially contacted on 11/10/25 for a fiscal note worksheet, with follow-up contact made on 12/11/25. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Department of Health and Human Services
Dec. 17, 2025: Introduced 01/07/2026 and referred to Health, Human Services and Elderly Affairs HJ 1