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1 New Section; Aid to Assisted Persons; MOU Between Municipalities Required Prior to Transport for Substance Use Disorder Treatment. Amend RSA 165 by inserting after section 2-c the following new section:
165:2-d MOU Between Municipalities Required Prior to Transport for Substance Use Disorder Treatment.
I. A municipality, or any representative of a municipality, that intends to transport or arrange for the transport of a homeless individual or other person showing symptoms of addiction or incapacitation from substance use to another municipality for the purpose of receiving housing, shelter, addiction treatment, or related services shall first have in place a memorandum of understanding (MOU) with the receiving municipality.
II. The MOU shall specify the types of services to be provided by the receiving municipality, any financial contributions to be made by the sending municipality, which may include payment for some or all treatment or service costs, and any other conditions mutually agreed upon by the municipalities, including limits on the number of individuals to be transferred, coordination protocols, and reporting requirements.
III. This section shall not apply to emergency medical transfers, transfers by law enforcement when complying with a court order, or voluntary relocation by an individual without the assistance, arrangement, or sponsorship of a municipality or their representative.
IV. Each municipality may develop criteria for treatment or recovery organizations that operate under the opioid abatement trust fund, established in RSA 126-A:86, or syringe service programs, established under RSA 318-B:43, on what messaging and harm reduction materials may be distributed, as well as the time and location of their distribution.
V. Organizations working under RSA 126-A:86 or RSA 318-B:43 within a municipality may be required to offer a pathway to recovery and include literature against the use of drugs and promoting respite and recovery programs.
VI. A municipality may disallow any organization under RSA 126-A:86 or RSA 318-B:43 from operating within its jurisdiction.
VII. A municipality found in violation of this section shall be subject to a $5000 fine, payable to the department of health and human services, for the purpose of reimbursing the receiving municipality.
2 Opioid Abatement Trust Fund; Rulemaking. Amend RSA 126-A:84, V to read as follows:
V. The department of health and human services shall adopt rules under RSA 541-A necessary to implement this subdivision. Such rules shall include funding qualifications, application procedures, time-lines for receiving, reviewing and acting upon application requests, and reporting requirements.
3 Syringe Service Programs Authorized; Rulemaking. Amend RSA 318-B:43, I(b) to read as follows:
(b) The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, further defining the entities in subparagraph (a) .
4 Effective Date. This act shall take effect July 1, 2026.
Text to be added highlighted in green.
1 New Section; Aid to Assisted Persons; MOU Between Municipalities Required Prior to Transport for Substance Use Disorder Treatment. Amend RSA 165 by inserting after section 2-c the following new section:
165:2-d MOU Between Municipalities Required Prior to Transport for Substance Use Disorder Treatment.
I. A municipality, or any representative of a municipality, that intends to transport or arrange for the transport of a homeless individual or other person showing symptoms of addiction or incapacitation from substance use to another municipality for the purpose of receiving housing, shelter, addiction treatment, or related services shall first have in place a memorandum of understanding (MOU) with the receiving municipality.
II. The MOU shall specify the types of services to be provided by the receiving municipality, any financial contributions to be made by the sending municipality, which may include payment for some or all treatment or service costs, and any other conditions mutually agreed upon by the municipalities, including limits on the number of individuals to be transferred, coordination protocols, and reporting requirements.
III. This section shall not apply to emergency medical transfers, transfers by law enforcement when complying with a court order, or voluntary relocation by an individual without the assistance, arrangement, or sponsorship of a municipality or their representative.
IV. Each municipality may develop criteria for treatment or recovery organizations that operate under the opioid abatement trust fund, established in RSA 126-A:86, or syringe service programs, established under RSA 318-B:43, on what messaging and harm reduction materials may be distributed, as well as the time and location of their distribution.
V. Organizations working under RSA 126-A:86 or RSA 318-B:43 within a municipality may be required to offer a pathway to recovery and include literature against the use of drugs and promoting respite and recovery programs.
VI. A municipality may disallow any organization under RSA 126-A:86 or RSA 318-B:43 from operating within its jurisdiction.
VII. A municipality found in violation of this section shall be subject to a $5000 fine, payable to the department of health and human services, for the purpose of reimbursing the receiving municipality.
2 Opioid Abatement Trust Fund; Rulemaking. Amend RSA 126-A:84, V to read as follows:
V. The department of health and human services shall adopt rules under RSA 541-A necessary to implement this subdivision. Such rules shall include funding qualifications, application procedures, time-lines for receiving, reviewing and acting upon application requests, and reporting requirements. The department also shall adopt rules underRSA 541-A regarding transportation of individuals under RSA 165:2-d for substance use disorder treatment. The rules shall include provisions for the enforcement of memoranda of understanding between municipalities regarding financial liability for such services.
3 Syringe Service Programs Authorized; Rulemaking. Amend RSA 318-B:43, I(b) to read as follows:
(b) The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, further defining the entities in subparagraph (a) and the requirements ofRSA 165:2-d, relative to the operation of a syringe service program within a municipality .
4 Effective Date. This act shall take effect July 1, 2026.