Bill Text: NH SB88 | 2019 | Regular Session | Introduced
Bill Title: Relative to registry identification cards under the use of cannabis for therapeutic purposes law.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2019-10-01 - Law Without Signature 09/19/2019; Chapter 344; Effective 11/18/2019; Art 44, Pt II, NH Constitution [SB88 Detail]
Download: New_Hampshire-2019-SB88-Introduced.html
SB 88-FN - AS INTRODUCED
2019 SESSION
19-0830
01/04
SENATE BILL 88-FN
AN ACT relative to registry identification cards under the use of cannabis for therapeutic purposes law.
SPONSORS: Sen. Kahn, Dist 10; Sen. Sherman, Dist 24; Sen. Rosenwald, Dist 13; Sen. Dietsch, Dist 9; Sen. Levesque, Dist 12; Sen. Cavanaugh, Dist 16
COMMITTEE: Health and Human Services
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ANALYSIS
This bill makes certain changes in the use of cannabis for therapeutic purposes law, including:
I. Eliminating the time frame for a provider-patient relationship.
II. Repealing the requirement for a photograph of an applicant's face for purposes of the registry identification card.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
19-0830
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT relative to registry identification cards under the use of cannabis for therapeutic purposes law.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Therapeutic Use of Cannabis; Definitions. Amend RSA 126-X:1, VIII to read as follows:
VIII. "Provider-patient relationship" means [at least a 3-month] a medical relationship between a licensed provider and a patient that includes an in-person exam, a history, a diagnosis, and a treatment plan appropriate for the licensee's medical specialty.
2 Therapeutic Use of Cannabis; Definitions. Amend RSA 126-X:1, XVII to read as follows:
XVII. "Written certification" means documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a provider-patient relationship [of at least 3 months in duration. The 3-month requirement for the provider-patient relationship required in this paragraph shall not apply if the provider issuing the written certification certifies that the onset of the patient's qualifying medical condition occurred within the past [3 months] and the certifying provider is primarily responsible for the patient's care related to his or her qualifying medical condition, or if the patient is enrolled in hospice care or is medically eligible for hospice care with a prognosis of 6 months or less but has chosen to seek palliative or curative treatment, or both. The date of issuance and the patient's qualifying medical condition, symptoms or side effects, the certifying provider's name, medical specialty, and signature shall be specified on the written certification].
3 Therapeutic Use of Cannabis; Departmental Administration; Registry Identification Cards. Amend the introductory paragraph of RSA 126-X:4, IV to read as follows:
IV. The department shall create and issue a registry identification card to a person applying as a qualifying patient or designated caregiver within 5 days of approving an application or renewal. Each registry identification card shall expire one year after the date of issuance, unless the provider states in the written certification that the certification should expire at an earlier specified date, or at a later specified date, not to exceed 3 years, then the registry identification card shall expire on that date. Registry identification cards shall contain all of the following:
4 Therapeutic Use of Cannabis; Departmental Administration; Registry Identification Cards. Amend the introductory paragraph of RSA 126-X:4, VII(a) to read as follows:
(a) The department shall track the number of qualifying patients who have designated each alternative treatment center and issue a [monthly] weekly written statement to the alternative treatment center identifying the number of qualifying patients who have designated that alternative treatment center along with the registry identification numbers of each qualifying patient and each qualifying patient's designated caregiver.
5 Therapeutic Use of Cannabis; Departmental Administration; Registry Identification Cards. Amend the introductory paragraph of RSA 126-X:4, VIII to read as follows:
VIII. In addition to the [monthly] weekly reports, the department shall also provide written notice to an alternative treatment center which identifies the names and registration identification numbers of a qualifying patient and his or her designated caregiver whenever any of the following events occur:
6 Therapeutic Use of Cannabis; Departmental Administration; Registry Identification Cards. Amend RSA 126-X:4, IX(d) to read as follows:
(d) If a qualifying patient notifies the department of a change in his or her designated caregiver and the prospective designated caregiver meets the requirements of this chapter, the department shall issue the designated caregiver a registry identification card within [50] 20 days of receiving the designated caregiver's application.
7 Repeal. The following are repealed:
I. RSA 126-X:4, I(c), relative to a photograph of the applicant's face.
II. RSA 126-X:4, II, relative to a photograph of the applicant's face.
III. RSA 126-X:4, IV(f), relative to a photograph of an applicant's face.
8 Effective Date. This act shall take effect 60 days after its passage.
19-0830
1/16/19
SB 88-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to registry identification cards under the use of cannabis for therapeutic purposes law.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Registry Identification Card and Certificate Fund | |||
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METHODOLOGY:
This bill amends RSA 126:X by:
- removing the length of time a provider and patient must have a relationship before written certification of a medical condition may be issued,
- providing an option for providers to increase the length of time a registry card must expire from one year to up to three years,
- changing the reporting frequency from monthly to weekly, and
- repealing requirements related to photographs of the applicant's face for registration cards.
There may be an indeterminable fiscal impact to state revenue and expenditures to the extent providers extend the expiration date of registration cards. To the extent that there is a net administrative cost resulting from the changes in the bill, those costs would be included in the registration fees paid by the Alternative Treatment Centers. The Therapeutic Cannabis Program is self-funded through annual registration fees, currently set at $50 per application. The Department assumes applications would decrease under this bill, resulting in annual registration fees increasing in order to produce sufficient revenue to self-fund the program.
AGENCIES CONTACTED:
Department of Health and Human Services
