RSA 318-B:43 · Syringe Service Programs Authorized

318-B:43 Syringe Service Programs Authorized. –
I. (a) The following entities, if self-funded, may operate a syringe service program in New Hampshire to prevent the transmission of disease and reduce morbidity and mortality among individuals who inject drugs, and those individuals' contacts:
(1) Federally qualified health centers.
(2) Community health centers.
(3) Public health networks.
(4) AIDS service organizations.
(5) Substance misuse support or treatment organizations.
(6) Community based organizations.
(b) The commissioner of the department of health and human services shall adopt rules, pursuant to RSA 541-A, further defining the entities in subparagraph (a).
II. Any entity operating a syringe service program in New Hampshire shall:
(a) Provide referral and linkage to HIV, viral hepatitis, and substance use disorder prevention, care, and treatment services, as appropriate.
(b) Coordinate and collaborate with other local agencies, including law enforcement agencies, organizations, and providers involved in comprehensive prevention programs for people who inject drugs to minimize duplication of effort.
(b-1) Consult and inform municipal law enforcement agencies concerning syringe service program and harm reduction activities.
(c) Attempt to be a part of a comprehensive service program that may include, as appropriate:
(1) Providing sterile needles, syringes, and other drug preparation equipment and disposal services.
(2) Educating and counseling to reduce sexual, injection, and overdose risks.
(3) Providing condoms to reduce risk of sexual transmission of viral hepatitis, HIV, or other STDs.
(4) Screening for HIV, viral hepatitis, STDs, and tuberculosis.
(5) Providing naloxone to reverse opioid overdoses.
(6) Providing referral and linkage to HIV, viral hepatitis, STD and tuberculosis prevention, treatment, and care services, including antiretroviral therapy for hepatitis C virus (HCV) and HIV, pre-exposure prophylaxis (PrEP), post-exposure prophylaxis (PEP), prevention of mother-to-child transmission, and partner services.
(7) Providing referral and linkage to hepatitis A virus (HAV) and hepatitis B virus (HBV) vaccination.
(8) Providing referral and linkage to and provision of substance use disorder treatment including medication assisted treatment for opioid use disorder which combines drug therapy such as methadone, buprenorphine, or naltrexone with counseling and behavioral therapy.
(9) Providing referral to medical care, mental health services, and other support services.
(d) Post its address, phone number, program contact information, if appropriate, hours of operation, and services offered on its Internet website.
(e) Register with the department of health and human services and confirm registration annually on or before November 1 of each subsequent year; provided however, the registration process shall be limited to notification to the department for data collection purposes only.
(f) Report quarterly to the department, which report shall include the following information regarding the program's activities:
(1) Number of needles/syringes distributed.
(2) Number of needles/syringes taken back.
(3) Number of HIV tests performed or delivered by the program.
(4) Number of HCV tests performed/delivered by program.
(5) Delivery of substance misuse treatment/care.
(6) Delivery of HIV care.
(7) Delivery of HCV care.
(8) Number of referrals to substance misuse treatment/services.
(9) Number of referrals to HIV testing.
(10) Number of referrals to HCV testing.
(11) Number of referrals to HIV care.
(12) Number of referrals to HCV care.
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.
Source. 2017, 117:7, eff. June 16, 2017. 2019, 154:1, eff. July 1, 2019. 2025, 41:4, 5, eff. June 28, 2025.