CHAPTER 58
SB 50 - FINAL VERSION
02/09/2023 0295s
2023 SESSION
23-0892
07/04
SENATE BILL 50
AN ACT relative to pharmaceutical drug take-back programs.
SPONSORS: Sen. Lang, Dist 2; Sen. Avard, Dist 12; Sen. Pearl, Dist 17; Rep. Bogert, Belk. 5; Rep.
Coker, Belk. 2
COMMITTEE: Health and Human Services
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ANALYSIS
This bill allows drug take-back programs to occur in long-term care facilities, nursing homes, and
assisted living facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
CHAPTER 58
SB 50 - FINAL VERSION
02/09/2023 0295s 23-0892
07/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to pharmaceutical drug take-back programs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 58:1 New Paragraph; Controlled and Non-Controlled Pharmaceutical Drug Take-Back Programs;
2 Pharmaceutical Drug Take-Back Programs Authorized. Amend RSA 318-E:1 by inserting after paragraph
3 VI the following new paragraph:
4 VII.(a) An authorized collector may establish and maintain a pharmaceutical drug take-back
5 program at the site of a long-term care facility, nursing home, or assisted living facility, provided that all
6 parties comply with the United States Drug Enforcement Administration regulations, 21 C.F.R. Part 1300
7 et. seq., and any applicable state and federal laws and regulations. A long-term care facility, nursing
8 home, or assisted living facility may utilize a collection receptacle under such a drug take-back program
9 on behalf of the ultimate user residing at, or who has resided at, the long-term care facility, nursing home
10 or assisted living facility.
11 (b) The disposal requirements for controlled drugs stipulated in RSA 318-B:17-a by the board
12 of pharmacy, its officers, agents, and inspectors, shall not apply to controlled drugs collected in
13 accordance with a drug take-back program authorized by paragraph VII of this section.
14 (c) The board of pharmacy shall establish rules and regulations to allow for the take-back
15 program authorized by paragraph VII of this section.
16 58:2 Controlled Drug Act; Disposal of Controlled Drugs in Possession of a Practitioner. Amend RSA
17 318-B:17-a to read as follows:
18 318-B:17-a Disposal of Controlled Drugs in Possession of Practitioner. No person other than the
19 pharmacy board, its officers, agents, and inspectors shall destroy any out-dated, deteriorated, excessive
20 or otherwise unwanted or confiscated controlled drugs which are in the possession of a practitioner,
21 veterinarian, pharmacy, peace officer, nursing home, manufacturer, wholesaler, clinic, laboratory, or
22 hospital. No payment shall be made to any person or institution for any drug surrendered for destruction.
23 A record shall be maintained which indicates the name, strength, and quantity of all drugs destroyed; the
24 place and manner of destruction; the date and time destroyed; the name of the practitioner or institution
25 surrendering the drugs; and the signature and title of the person witnessing destruction. Such records
26 shall conform to any federal requirements and shall be open to inspection by all federal or state officers
27 charged with the enforcement of federal or state controlled drug laws. This section shall not apply to
28 residual amounts in hypodermic syringes and needles. Notwithstanding any language in this section to
29 the contrary, controlled drugs collected in a long-term care facility, nursing home, or assisted living facility
30 for destruction pursuant to a pharmaceutical drug take-back program authorized by RSA 318-E, shall be
31 disposed of in accordance with the disposal requirements for controlled drugs set forth under RSA 318-E
32 and any applicable federal or state laws or regulations.
CHAPTER 58
SB 50 - FINAL VERSION
- Page 2 -
1 58:3 Pharmacists and Pharmacies; Regulation of Pharmacies; Dealing in or Possessing Prescription
2 Drugs. Amend RSA 318:42, XVII to read as follows:
3 XVII. Persons who possess prescription drugs pursuant to a lawful prescription or who are acting
4 as an authorized agent for a person holding a lawful prescription, from delivering any unwanted or unused
5 prescription drugs to law enforcement officers for the purpose of disposal of such prescription drugs in
6 conjunction with a pharmaceutical drug take-back program established pursuant to RSA 318-E, or
7 residents lawfully in possession of prescription drugs in long-term care facilities, nursing homes, or
8 assisted living facilities, or persons lawfully acting as an authorized agent for said resident, from disposing
9 of any discontinued, unused, unwanted, or expired prescription drug, including controlled drugs, in
10 accordance with a drug take-back program set forth under RSA 318-E and any applicable federal or state
11 laws or regulations.
58:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 01, 2023
Effective Date: July 31, 2023
Statutes affected: Introduced: 318-E:1, 318:42
As Amended by the Senate: 318-E:1, 318:42
Version adopted by both bodies: 318-E:1, 318:42
CHAPTERED FINAL VERSION: 318-E:1, 318-B:17-a, 318:42