N.H. Rev. Stat. § 318-B:10

Current through Chapter 381 of the 2024 Legislative Session

Section 318-B:10 - Professional Use of Narcotic Drugs

I. A practitioner other than a veterinarian, in good faith, in the course of his professional practice, and for a legitimate medical purpose, may administer and prescribe controlled drugs, or the practitioner may cause the same to be administered by a nurse or intern under his direction and supervision. In a bona fide emergency situation, the practitioner may dispense a controlled drug to a patient under his care but only in a quantity not to exceed a 48-hour supply for all schedule II substances or a 7-day supply of schedule III, IV, or V substances.

II. A veterinarian, in good faith, in the course of his professional practice only, and not for use by a human being, may administer and prescribe controlled drugs, and the veterinarian may cause them to be administered to an animal under his care, but only in a quantity not to exceed a 48-hour supply of a schedule II substance or a 7-day supply of schedule III, IV, or V substances.

III, IV. [Repealed.]

V. An advanced emergency medical care provider licensed under RSA 153-A may possess, for emergency use only, such controlled prescription drugs as are specified by the state emergency medical services medical control board, with the concurrence of the pharmacy board, provided that there has been prior establishment of medical control for the possession of such drugs. The advanced emergency medical care provider may only administer such controlled prescription drugs upon receipt of orders to do so from a supervising physician or an emergency trauma advanced practice registered nurse, practicing within such nurse practitioner's specialty. Such orders may be transmitted either directly or by telephone or by radio or by other communication medium, or by standing order of local medical control delineated in a protocol as defined in RSA 153-A.

VI. Notwithstanding any other law to the contrary, an attending physician, in good faith and in the course of the attending physician's professional practice only, may prescribe and administer federal Food and Drug Administration approved and classified cannabis-type drugs, or the attending physician may cause such drugs to be administered by a nurse or intern under such physician's direction and supervision.

VII.

(a) The department of health and human services is hereby declared to be the state methadone authority.

(b) The commissioner of the department of health and human services shall adopt and have in effect rules, pursuant to RSA 541-A, relative to methadone detoxification and maintenance programs as follows:

(1) Application procedure and standards for approval for certification and re-certification of providers to operate methadone detoxification and maintenance programs, including certification period, for each type of certification. The department shall utilize accreditation reports obtained from national accreditation bodies that are approved by the United States Department of Health and Human Services Substance Abuse and Mental Health Services Administration in certifying methadone detoxification and maintenance programs in New Hampshire.

(2) Eligibility of individuals for admission to such programs.

(3) Qualifications of program personnel.

(4) Program content, including, but not limited to, services to be offered by the program.

(5) Mandatory records and reports to the department.

(6) Security measures to prevent diversion of methadone to illegal use.

(7) Confidentiality and disclosure of identifying information, records and reports.

(8) Financial responsibility.

(9) Any other provisions necessary to implement the purposes of this paragraph.

(c) Providers may operate a methadone detoxification or methadone maintenance program, or both, in the state of New Hampshire only if the providers are certified to operate pursuant to rules adopted under subparagraph VII(b).

(d) For the purposes of this paragraph:

(1) "Heroin" means an illegal semi-synthetic drug produced from the morphine contained in sap of the opium poppy, and known to have the potential for devastating addictive properties in vulnerable individuals.

(2) "Methadone" means a legal drug, methadone hydrochloride, which is a synthetic opioid that has been demonstrated to be an effective treatment agent for heroin abuse and dependence.

(3) "Methadone detoxification treatment" means the dispensing of methadone or similar substance in decreasing doses to an individual in order to reduce or eliminate adverse physiological or psychological effects incident to the withdrawal from the sustained use of heroin.

(4) "Methadone maintenance program" means a substance abuse treatment program substituting methadone or any of its derivatives, over time, to relieve withdrawal symptoms of heroin dependence, to reduce craving, and to permit normal functioning and engagement in rehabilitative services.

(e) Nothing in this paragraph shall prohibit a licensed health care practitioner from administering, prescribing, or dispensing a controlled drug under paragraph I.

(f) The department shall assess a fee to be paid by providers of methadone detoxification and maintenance programs for certification and administration by the department. The initial fee shall be $1,000. Annually thereafter, the fee shall be $8 per client based on the annual client census of the previous calendar year. All moneys collected by the department from fees authorized under this subparagraph shall be deposited into the special fund for administration of opioid treatment programs established in RSA 172:8-c.

(g) The commissioner of the department of health and human services shall report by July 31, 2010, and each July 31 thereafter, to the chairpersons of the house and senate ways and means committees, the house and senate committees having jurisdiction over health and human services, and the oversight committee on health and human services under RSA 126-A:13, on the number of methadone detoxification and maintenance program clinics certified under RSA 318-B:10, VII, the number of clients, the average annual census data, the amount of fees assessed providers, and any recommendations for changes to the fee structure.

VIII.

(a) Notwithstanding paragraph VII or any other law to the contrary, methadone may be administered, prescribed, and dispensed to pregnant and postpartum heroin addicts and administered as part of an alcohol and drug abuse treatment program, which may include extended detoxification and which is approved by the commissioner of health and human services.

(b) The commissioner of health and human services shall adopt rules pursuant to RSA 541-A, relative to:

(1) Eligibility for the program.

(2) Length of time in the program.

(3) Requirements for participation in prenatal and postnatal care.

(4) Security measures to prevent diversion of methadone to illegal use.

(5) Any other provisions necessary to implement the purposes of this paragraph.

IX. If, in the judgment of a physician licensed under RSA 329, appropriate pain management warrants a high dosage of controlled drugs and the benefit of the relief expected outweighs the risk of the high dosage, the licensed physician may administer or cause to be administered such a dosage, even if its use may increase the risk of death, so long as it is not furnished for the purpose of causing, or the purpose of assisting in causing, death for any reason and so long as it falls within rules of the board of medicine.

RSA 318-B:10

Amended by 2023, 145:1, eff. 7/1/2023.

Amended by 2017 , 156: 157, eff. 7/1/2017.

1969, 421:1. 1973, 392:3. 1977, 106:2; 547:11, 12. 1981, 107:1. 1983, 292:8, 9, 21, I, II. 1985, 293:7; 324:20. 1992, 48:8. 1994, 186:2; 333:21. 1995, 286:25. 1996, 252:1, 2; 267:23. 1998, 149:1. 1999, 345:8. 2000, 268:2; 271:1. 2009, 54 : 5 , eff. July 21, 2009; 205:1, 2, eff. July 15, 2009. 2017, 156 : 157 , eff. July 1, 2017.