RSA 172:1 · Definitions

172:1 Definitions. – Certain terms used in this chapter shall be construed as follows unless a different meaning is clearly apparent from the language or context. I, II. [Repealed.]

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III.

"Commissioner" means the commissioner of health and human services. IV-IX. [Repealed.] IX-a. "Client" means a person who voluntarily seeks substance abuse treatment as provided by the office of alcohol and drug abuse prevention through its agents or substance abuse treatment contractors.

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X.

"Abuse of drugs" means the use of controlled drugs solely for their stimulant, depressant or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment or in a program of research operated under the direction of a physician, or pharmacologist, physiologist, or chemist.

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XI.

[Repealed.]

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XII.

"Amphetamine-type drugs" means amphetamine, optical isomers thereof, salts of amphetamine and its isomers, and chemical compounds which are similar thereto in physiological effect, and which show a like potential for abuse.

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XIII.

"Barbiturate-type drugs" means barbituric acid and its salts, derivatives thereof and chemical compounds which are similar thereto in physiological effect, and which show a like potential for abuse.

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XIV.

"Cannabis-type drug" means all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plants, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination.

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XV.

"Cocaine-type drugs" means coca leaves, cocaine, ecgouine, and chemical compounds which are similar thereto in physiological effect, and which show a like potential for abuse.

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XVI.

"Controlled drugs" has the same meaning as in RSA 318-B:1, VI.

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XVII.

"Drug abuser" means any person who uses controlled drugs solely for their stimulant, depressant, or hallucinogenic effect upon the higher functions of the central nervous system and not as a therapeutic agent recommended by a practitioner in the course of medical treatment or in a program of research operated under the direction of a physician or pharmacologist.

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XVIII.

"Drug dependence" means a state of physical addiction or psychic dependence, or both, upon a drug following use of that drug upon a repeated periodic or continuous basis except:

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(a)

Upon a morphine-type drug as an incident to current medical treatment of a demonstrable physical disorder, other than produced by the use of the drug itself, or

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(b)

Upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant or depressant drugs as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than produced by the drug itself.

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XIX.

"Drug dependent person" means any person who has developed a state of psychic or physical dependence, or both, upon a controlled drug following administration of that drug upon a repeated periodic or continuous basis. No person shall be classified as drug dependent who is dependent:

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(a)

Upon a morphine-type drug as an incident to current medical treatment of a demonstrable physical disorder other than drug dependence, or

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(b)

Upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant drugs as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than drug dependence.

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XX.

"Hallucinogenic drugs" are psychodysleptic drugs which assert a confusional or disorganizing effect upon mental processes or behavior and mimic acute psychotic disturbances. Exemplary of such drugs are mescaline, peyote, psilocybin and d-lysergic acid diethylamide.

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XXI.

"Morphine-type drugs" means morphine and chemical compounds which are similar thereto in chemical structure or which are similar thereto in physiological effect, and which show a like potential for abuse.

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XXII.

"Other stimulant and depressant drugs" means controlled drugs other than amphetamine-type, barbiturate-type, cannabis-type, cocaine-type, hallucinogenics and morphine-type which are found to exert a stimulant and depressant effect upon the higher functions of a central nervous system and which are found to have a potential for abuse.

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XXIII.

[Repealed.]

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XXIV.

"Certified substance abuse treatment facility" means a facility funded in part or in whole by the office of alcohol and drug abuse prevention, and certified under rules adopted pursuant to RSA 541-A.

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XXV.

"Certified alcohol and drug abuse counselor" means a person who is certified by the director of the office of alcohol and drug abuse prevention as qualified to provide alcohol abuse counseling, drug abuse counseling, combined alcohol and drug abuse counseling, counseling to families with one or more substance abusing members, and counseling to children of alcoholics.

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XXVI.

"Incapacitated" means that a person as a result of his or her use of drugs is in a state of intoxication, or mental confusion resulting from withdrawal, such that:

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(a)

He or she appears to need medical care or supervision by approved drug treatment personnel to assure his or her safety; or

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(b)

He or she appears to present a direct active or passive threat to the safety of others.

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XXVII.

"Intoxicated" means a condition in which the mental or physical functioning of an individual is substantially impaired as a result of the presence of drugs in his or her system.

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XXVIII.

"Protective custody" means a civil status in which an incapacitated person is detained by a peace officer for the purposes of:

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(a)

Assuring the safety of the individual or the public or both; and

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(b)

Assisting the individual to return to a functional condition.

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XXIX.

"Designated drug counselor" means a person approved by the commissioner to evaluate and treat drug users and drug abusers. A "designated drug counselor" may be, but is not required to be, a certified alcohol and drug abuse counselor. Source. 1947, 254:1. 1949, 313:1, par. 1. RSA 172:1. 1961, 222:8. 1969, 501:1. 1975, 255:1. 1979, 378:3, II, 7-10, 27-29. 1988, 242:1, 2, 10, I, II. 2003, 96:2, eff. Jan. 1, 2004.

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