Revision: March 13, 2026, 2:55 p.m.
SB 549-FN - AS AMENDED BY THE SENATE
03/12/2026 1040s
03/12/2026 1162s
2026 SESSION
26-2141
09/05
SENATE BILL 549-FN
SPONSORS: Sen. Murphy, Dist 16; Sen. Pearl, Dist 17; Sen. Ward, Dist 8; Sen. Lang, Dist 2; Sen. Avard, Dist 12; Sen. Gannon, Dist 23; Sen. Sullivan, Dist 18; Sen. McGough, Dist 11; Sen. Innis, Dist 7; Sen. Birdsell, Dist 19
COMMITTEE: Health and Human Services
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AMENDED ANALYSIS
This bill requires certain syringe service program entities to provide options for disposal of used syringes and needles and creates reporting requirements for such entities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/12/2026 1040s
03/12/2026 1162s 26-2141
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty-Six
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Pharmacists and Pharmacies; Regulation of Pharmacies; Syringe Service Programs; Authorized Activities and Funding Sources. Amend RSA 318:43-a by inserting after paragraph II the following new paragraph:
II-a.(a) Any entity operating a syringe service program in New Hampshire that involves the provision of sterile needles and syringes shall provide options for the disposal of used syringes, needles, and other related paraphernalia. Such options shall be free to the public.
(b) Any organization required to provide options for the disposal of used syringes, needles, and other related paraphernalia shall undertake an annual marketing campaign to inform participants of free disposal options.
(c) At the time of a quarterly report, each entity operating a syringe service program in New Hampshire shall report to the department whether they are required to provide options for disposal as outlined in this paragraph and, if so, shall demonstrate their compliance.
(d) At the time of a quarterly report, each entity operating a syringe service program in New Hampshire shall report to the department calculated return rates. In addition to calculated return rates, each program shall provide a description of methods used in syringe counting or estimation; separation of returns from direct participant exchange versus secondary/community sources; and a narrative of factors affecting performance and improvement efforts. Strengthening syringe services programs (SSPs) shall seek to achieve and maintain a return rate of 95 percent or higher in each calendar quarter. The department shall assess performance over rolling 4-quarter periods. A return rate may exceed 100 percent. If an SSP reports a return rate below 95 percent for 2 consecutive quarters, it must submit a corrective action plan within 30 days. The plan shall include strategies to increase return rate, such as enhanced drop box access, peer outreach, incentives, or community partnerships; a timeline with measurable targets; and a statement of resource or technical needs. Upon request, the department shall provide support, including guidance on data gathering and best practices. The department shall adopt rules pursuant to RSA 541-A establishing a schedule of fines for failure to file required reports or implement corrective action plans.
(e) No municipality shall adopt any local ordinance or other rule to prohibit any activity authorized by this paragraph.
2 Effective Date. This act shall take effect 90 days after its passage.
26-2141
11/18/25
SB 549-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None | |||||
Expenditures* | $0 | ($1.7 million) | ($1.7 million) | ($1.7 million) | ||
Funding Source(s) | General Funds, Federal Funds, Other Funds | |||||
Appropriations* | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | ||||||
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Estimated Political Subdivision Impact | ||||||
| FY 2026 | FY 2027 | FY 2028 | FY 2029 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | $0 | $0 | $0 | $0 | ||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | ||
METHODOLOGY:
This bill prohibits the state and local governments from distributing drug paraphernalia, including needles and syringes, either directly or indirectly. It also prohibits the use of state or local funds to support organizations that distribute such paraphernalia, including syringe service programs (SSP), unless funds are specifically appropriated or the distribution is deemed necessary to control a disease outbreak under RSA 141-C:3. The Department of Health and Human Services states that current annual funding for SSPs is as follows:
• Governor’s Commission Funding: $800,000 (General Funds/Other Funds from Carryforward)
• Overdose Data 2 Action Funding: $561,901 (Federal Funds)
• Opioid Abatement Commission: $875,000 (Other Funds)
The Department anticipates that certain funding streams will need to be adjusted to ensure compliance with the proposed restrictions. While some of the above funds may be redirected to other purposes, the Department anticipates an overall reduction of approximately $1.7 million in expenditures as a result of this bill. The Department cautions against interpreting this figure as a net savings to the public and behavioral health systems, as costs may be shifted to hospitalizations and other medical services.
The New Hampshire Municipal Association states that to the extent any local funds are currently budgeted for SSPs, there may be indeterminable savings to municipalities, ranging from less than $10,000 for small communities to $100,000 for large communities with significant substance abuse issues. The Association states that it is unable to determine any potential long-term public health or safety costs or savings resulting from the bill.
AGENCIES CONTACTED:
Department of Health and Human Services and New Hampshire Municipal Association