HB694: establishing a take-back program for illegal controlled drugs.

HB 694-FN - AS INTRODUCED

2019 SESSION

19-0749

01/10

HOUSE BILL 694-FN

AN ACT establishing a take-back program for illegal controlled drugs.

SPONSORS: Rep. Dolan, Rock. 5; Rep. D. Thomas, Rock. 5; Rep. Alexander Jr., Hills. 6; Rep. Greene, Hills. 37; Sen. Carson, Dist 14

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill authorizes municipalities, governmental entities, and private entities to establish take-back programs for illegal drugs.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19-0749

01/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nineteen

AN ACT establishing a take-back program for illegal controlled drugs.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Drug Take-Back Programs. Amend the chapter heading of RSA 318-E to read as follows:

CONTROLLED AND NON-CONTROLLED PHARMACEUTICAL

AND ILLEGAL DRUG TAKE-BACK PROGRAMS

2 New Section; Take-Back Programs for Illegal Drugs Authorized. Amend RSA 318-E by inserting after section 1 the following new section:

318-E:2 Take-Back Programs for Illegal Drugs Authorized.

I. A local, county, regional, state, or other governmental entity or private entity in conjunction with the chief law enforcement officer of a law enforcement agency may establish a take-back program for illegal drugs. For the purposes of this section, "illegal drug" means a drug which cannot legally be manufactured, bought or sold in the United States. "Illegal drug" may also include other drugs which are legal in some situations but illegal when abused.

II. A take-back program for illegal drugs established by a local, county, regional, state, or other governmental entity or private entity shall enable individuals with illegal drugs to voluntarily return the drugs for collection, storage, and disposal in accordance with applicable state and federal statutes and regulations. Under this section, a person who possesses illegal drugs shall have immunity for 12 hours after notification to an authorized take-back center for illegal drugs stating that the person will be dropping off the illegal drugs.

III. The department of justice, in consultation with the pharmacy board, the department of safety, and the department of environmental services, shall establish rules, pursuant to RSA 541-A, for the collection, storage, and disposal of the collected drugs in accordance with applicable state and federal statutes and regulations.

IV. Nothing in the implementation of a take-back program for illegal drugs shall require, at the place of collection, any individual who is returning drugs to disclose his or her personal identification in order to return the drugs within the immunity time period.

V. Take-back programs for illegal drugs established under this section may accept public and private grants and donations of money for the purpose of covering the costs of such programs, including, but not limited to public funds appropriated for this purpose.

3 Effective Date. This act shall take effect 60 days after its passage.

LBAO

19-0749

1/16/19

HB 694-FN- FISCAL NOTE

AS INTRODUCED

AN ACT establishing a take-back program for illegal controlled drugs.

FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None

Estimated Increase / (Decrease)

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Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

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LOCAL:

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METHODOLOGY:

This bill authorizes municipalities, government entities and private entities to establish take-back programs for illegal drugs.

The Department of Environmental Services assumes its existing rules for solid Waste Management and Hazardous Waste Management will also require amendment to more explicitly address collection, storage, and possibly disposal requirements applicable to drugs collected by the take back programs. The Department indicates these drugs will include "unknowns" including hazardous waste needing special handling for protection of health and safety. The Department indicates the cost of developing, implementing and enforcing the rules is indeterminable. The cost to government entities establishing the programs is also indeterminable as the number of programs, their operating costs or the type and quantity of drugs that will be collected cannot be predicted. The Department has no information on how much funding may be received from private grant and donations or the amount of special training and equipment that may be needed to safely handle potentially dangerous drugs.

The Department of Safety indicates the costs associated with assisting the Department of Justice in creating rules for the collection, storage and disposal of illegal drugs cannot be determined. In addition, any cost associated with enforcement of the rules cannot be determined.

The Office of Professional Licensure and Certification does not anticipate additional expenditures for staff or board time. The Office assumes drafting the rules would be a responsibility of the Department of Justice and the Board of Pharmacy's role would be only to consult with the Department on the rules.

The Department of Justice states the legal assistance related to implementation of this bill could be done within its current budget.

AGENCIES CONTACTED:

Office of Professional Licensure and Certification, Departments of Justice, Safety and Environmental Services