Bill Text: NH SB239 | 2024 | Regular Session | Introduced
Bill Title: Relative to the use of harm reduction services to treat alcohol and other substance misuse.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2024-09-24 - Executive Session: 10/23/2024 10:00 am Legislative Office Building 210-211 [SB239 Detail]
Download: New_Hampshire-2024-SB239-Introduced.html
SB 239-FN - AS INTRODUCED
2023 SESSION
23-0971
05/04
SENATE BILL 239-FN
AN ACT relative to the use of harm reduction services to treat alcohol and substance abuse.
SPONSORS: Sen. Watters, Dist 4; Sen. Soucy, Dist 18; Rep. Meuse, Rock. 37
COMMITTEE: Health and Human Services
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ANALYSIS
This bill defines alcohol and drug abuse prevention programs under RSA 12-J to include harm reduction services; establishes the doorways program to provide drug and alcohol abuse information, referral, and treatment services; incorporates recommendations of the governor's commission on alcohol and other drugs in the use of opioid abatement fund expenditures; expands the syringe services program; and addresses license renewal criteria for physicians and physician assistants.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0971
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the use of harm reduction services to treat alcohol and substance abuse.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Governor's Commission. Amend the introductory paragraph of RSA 12-J:1 and RSA 12-J:1, I to read as follows:
12-J:1 Commission Established; Membership; Terms. There is hereby established a commission which shall serve in an advisory capacity to the governor and the general court regarding the delivery of effective and coordinated alcohol and drug abuse prevention, including harm reduction, treatment, and recovery services throughout the state. The commission shall consist of the following members:
I. Seven public members, 2 of whom shall be professionals knowledgeable about alcohol and drug abuse prevention, including harm reduction, one of whom shall be appointed by the governor and one of whom shall be appointed by the senate president; 2 of whom shall be professionals knowledgeable about alcohol and drug abuse treatment, one of whom shall be appointed by the governor and one of whom shall be appointed by the speaker of the house of representatives; 2 of whom shall be public members who are not professionals within the alcohol and drug addiction prevention and treatment system, one of whom shall be appointed by the senate president and one of whom shall be appointed by the speaker of the house of representatives; and one member in long-term recovery, appointed by the governor.
2 Organization of Commission; Task Force. Amend RSA 12-J:2, II(a)(1) to read as follows:
(1) Prevention and harm reduction.
3 Organization of Commission; Task Force. Amend RSA 12-J:2, II-a to read as follows:
II-a. The chairperson shall create a budget task force comprised of the individuals listed in RSA 12-J:1, III(a) to report biannually on financial expenditures for substance abuse related work throughout state government as detailed in RSA 12-J:4, III and recommend budget policy priorities to the commission regarding the allocation of funding alcohol and drug prevention, harm reduction, treatment, and recovery services across state agencies and throughout the state.
4 Commission Duties. Amend RSA 12-J:3, I and II to read as follows:
I. Develop and revise, as necessary, a statewide plan for the effective prevention of alcohol and drug abuse, including harm reduction, particularly among youth, and a comprehensive system of treatment and recovery services for individuals and families affected by alcohol and drug abuse. The statewide plan shall:
(a) Identify the causes, the nature and scope, and the impact of alcohol and drug abuse in New Hampshire.
(b) Identify and prioritize unmet needs for prevention, harm reduction, treatment, and recovery services.
(c) Recommend initiatives and policy considerations to the general court to reduce the incidence of alcohol and drug abuse in New Hampshire.
(d) Identify and quantify public and private resources available to support alcohol and drug abuse prevention, harm reduction, treatment, and recovery.
(e) Specify additional resources necessary to address unmet needs for prevention, harm reduction, treatment, and recovery.
(f) Specify evaluation and monitoring methodology.
II. Advise the governor and general court on and promote the development of effective community-based alcohol and drug abuse prevention and harm reduction strategies.
5 Meetings and Reports. Amend RSA 12-J:4, II to read as follows:
II. The commission shall submit an annual report to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, the chairperson of the senate health and human services committee, and the chairperson of the fiscal committee of the general court by October 1 of each year regarding the activities of the commission. The annual report shall:
(a) Identify alcohol and drug abuse prevention, harm reduction, treatment, and recovery services and programs provided by state departments and agencies or funded in whole or in part by state or federal funds;
(b) Indicate the progress made during the prior year toward the implementation of the statewide plan developed by the commission pursuant to RSA 12-J:3, I;
(c) Recommend any revisions to the statewide plan developed pursuant to RSA 12-J:3, I;
(d) Identify and prioritize unmet needs for prevention, harm reduction, treatment, and recovery;
(e) Indicate the progress, or lack thereof, in addressing the unmet needs;
(f) Recommend initiatives and/or policy considerations to the governor and the general court to address the unmet needs;
(g) Specify the resources and any legislation necessary to support existing programs for prevention, harm reduction, treatment, and recovery and to develop, implement, support, and evaluate the initiatives recommended by the commission;
(h) In even-numbered years the report may include specific recommendations for funds to be included in the next state biennial budget to support alcohol and drug abuse prevention, harm reduction, treatment, and recovery services and programs; and
(i) Incorporate the findings and recommendations of the report required under paragraph II-a and make specific findings and recommendations regarding public awareness, education, and legislation to address the dangers of synthetic drugs.
6 Meetings; Report. Amend the introductory paragraph of RSA 12-J:4, III(b) to read as follows:
(b) The commission shall submit a mid-year report to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, chairperson of the senate health and human services committee, and chairperson of the fiscal committee of the general court by March 1 of each year regarding the current state of drug abuse, prevention, harm reduction, treatment, and recovery. The commission shall include a dashboard of the following, both in the interim and the annual report as required in RSA 12-J:4, II, that includes but is not limited to:
7 Report. Amend RSA 12-J:5, I(a)(1) to read as follows:
(1) Treatment programs, including harm reduction.
8 Opioid Abatement Advisory Commission. Amend RSA 126-A:85, I to read as follows:
I. There is hereby established the New Hampshire opioid abatement advisory commission, which shall consult with and advise the commissioner of the department of health and human services relative to the proper administration and management of the opioid abatement trust fund, as established in RSA 126-A:83, consider the recommendations of the governor's commission on alcohol and other drugs on needed funding for its activities, and [which shall] approve all qualifying grants, loans, and matching funds from [that] the fund under RSA 126-A:86, I(b).
9 Opioid Abatement Advisory Commission; Duties. The introductory paragraph of RSA 126-A:86, I(b) is repealed and reenacted to read as follows:
(b) Consult with the governor’s commission on alcohol and other drugs on the administration and management of the opioid abatement trust fund and approve funding upon consideration of its recommendations on the selection of eligible fund recipients under RSA 126-A:83, II(b).
10 New Subparagraph; Opioid Abatement Advisory Commission Duties. Amend RSA 126-A:86, I(b) by inserting after subparagraph (16) the following new subparagraph:
(17) Upon consultation with the governor’s commission on alcohol and other drugs, provide funding for syringe service programs as authorized in RSA 318-B:43, including harm reduction supplies.
11 New Section; Doorways Program. Amend RSA 126-A by inserting after section 98 the following new section:
126-A:99 Doorways Program Established.
I. The department of health and human services shall establish and administer the doorways program, which shall encompass the statewide points of entry for delivery of substance use services. The doorways program shall provide information and referrals for screening and evaluation; treatment, including medication assisted treatment; prevention, including naloxone; supports and services to assist in long-term recovery; and peer recovery support services.
II. The commissioner of the department of health and human services shall include the administration and operation of the doorways program in the department's report to the governor's commission on alcohol and drug abuse prevention, treatment, and recovery under RSA 12-J:4, III.
III. The program shall be funded through the state opioid response grant from the Substance Abuse and Mental Health Services Administration. In addition, the department may accept funds from any source, including state appropriations, federal funds, and private gifts, grants, or donations to operate and sustain the doorways program.
12 Syringe Service Programs; Activities. RSA 318-B:43, II by inserting after subparagraph (b) the following new subparagraph:
(b-1) Consult and inform municipal law enforcement agencies concerning syringe service program and harm reduction activities.
13 Syringe Service Programs; Funding. Amend RSA 318-B:43, III to read as follows:
III. Nothing in this section shall be construed to prohibit the department of health and human services from administering and/or disbursing federal or other funds to syringe service programs authorized under this section. [The use of state general funds shall be prohibited unless otherwise appropriated by the general court or if deemed necessary to control a disease outbreak pursuant to RSA 141-C:3.]
14 New Section; Controlled Drug Act; Syringe Service Programs. Amend RSA 318-B by inserting after section 43 the following new section:
318:43-a Syringe Service Programs; Authorized Activities and Funding Sources.
I. Notwithstanding any other law to the contrary, any person authorized under RSA 318-B:43 to operate a syringe service program may engage in eligible activities, as defined in paragraph IV.
II. State funds including, but not limited to, funds received by the state in the New Hampshire opioid litigation settlement may be used to support the activities of syringe service programs as permitted under this section and RSA 318-B:43.
III. No person shall be prohibited from using federal funds for eligible activities and syringe service programs as authorized in RSA 318-B:43, so long as the use of the federal funds is consistent with federal law and any rules governing use of the funds.
IV. In this section:
(a) “Drug checking” means the process of identifying, analyzing, or detecting the composition of a drug or the presence or composition of an unexpected substance within the drug.
(b) "Drug checking equipment” means equipment, products, or materials used, designed for use, or intended for use to perform drug checking, including materials and items used by the person operating the equipment or products to store, measure, or process samples for analysis. Drug checking equipment includes fentanyl test strips, other immunoassay drug testing strips, colorimetric reagents, spectrometers such as Fourier Transform Infrared and Raman spectrometers, and equipment that uses high-performance liquid chromatography, gas chromatography, mass spectrometry, and nuclear magnetic resonance techniques. Drug checking equipment does not include the substances being analyzed, drug packaging, or drug supplies.
(c) “Drug supplies” means hypodermic needles, syringes, preparation containers, cotton, filters, alcohol wipes, water, saline, tourniquets, disposal containers, wound care items, pipes, bubbles, snorting straws, pipe covers, and other items used in the consumption of drugs;
(d) “Eligible activities” means:
(1) Purchasing, obtaining, providing, transporting, distributing, using, or evaluating the use of drug checking equipment;
(2) Training, both initial and ongoing, about drug checking equipment, the process of drug checking, and the purpose of drug checking;
(3) Technical assistance concerning drug checking equipment, the process of drug checking, and the purpose of drug checking; and
(4) Providing drug supplies.
15 New Paragraph; Physicians Assistants. Amend RSA 328-D:3 by inserting after paragraph III the following new paragraph:
IV. Each applicant for the first renewal of a license under this chapter shall show proof of medical education on substance misuse disorder harm reduction including medication assisted treatment.
16 Physicians and Surgeons; Continuing Medical Education Requirement. Amend RSA 329:16-g to read as follows:
329:16-g Continuing Medical Education Requirement. As a condition of renewal of license, the board shall require each licensee to show proof at least at every biennial license renewal that the licensee has completed 100 hours of approved continuing medical education program within the preceding 2 years. For the purposes of this section, an approved continuing medical education program is a program designed to continue the education of the licensee in current developments, skills, procedures, or treatment in the licensee's field of practice, which has been certified by a national, state, or county medical society or college or university. For the first renewal, each licensee shall show proof of medical education on substance misuse disorder harm reduction including medication assisted treatment. There shall be a complete audit of all continuing education credits annually by the New Hampshire Medical Society. Each licensee shall submit a continuing medical education report with copies of continuing medical education course certificates earned by the licensee and other documents which establish that continuing medical education course requirements have been met, using a form approved by the board. The complete audit shall include the collection, review, verification, and preservation of the continuing medical education documentation of each licensed physician and a report which records the credits awarded to each licensee during the 2-year period applicable to each licensee. The fee charged to licensees for continuing medical education verification shall not exceed 125 percent of the actual cost of providing the service. The New Hampshire Medical Society is prohibited from using any information from this program for promotional purposes or any other purpose not necessary for continuing education verification.
17 Effective Date. This act shall take effect July 1, 2023.
23-0971
Revised 2/14/23
SB 239-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the use of harm reduction services to treat alcohol and substance abuse.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
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 [ X ] Other - Federal funds | |||
METHODOLOGY:
Among a variety of other changes to state laws governing the state's alcohol and drug abuse response efforts, this bill establishes in statute the Doorways program, to be administered by the Department of Health and Human Services. The bill states that the program shall encompass the statewide points of entry for delivery of substance use services, and shall be responsible for the following: screening and evaluation referrals; medication-assisted and other forms of treatment; naloxone and other forms of prevention; and peer recovery support. The Department states that codification of the Doorways program will have an indeterminable impact on state expenditures, given the variability of federal funding through the State Opioid Response (SOR) grant. Currently, the Department receives approximately $28 million per year through the grant. Grants are awarded every two years, and the current iteration of the grant (the state's third) runs through September 30, 2024. The Department states that, should the federal grant award decline in future years, the cost to the state of continuing the Doorways program could be as high as $11 million per year, plus an undetermined additional amount to maintain Department positions that oversee contracts.
In addition to the changes above, the bill establishes syringe service programs under RSA 318-B, the Controlled Drug Act. The Department states that it expects to meet these responsibilities with existing resources.
AGENCIES CONTACTED:
Department of Health and Human Services
