Bill Text: NH SB88 | 2019 | Regular Session | Amended


Bill Title: Relative to registry identification cards under the use of cannabis for therapeutic purposes law.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Engrossed) 2019-05-09 - Minority Committee Report: Inexpedient to Legislate [SB88 Detail]

Download: New_Hampshire-2019-SB88-Amended.html

SB 88-FN - AS AMENDED BY THE SENATE

 

03/07/2019   0606s

03/21/2019   1210s

 

2019 SESSION

19-0830

01/04

 

SENATE BILL 88-FN

 

AN ACT relative to registry identification cards under the use of cannabis for therapeutic purposes law.

 

SPONSORS: Sen. Kahn, Dist 10; Sen. Sherman, Dist 24; Sen. Rosenwald, Dist 13; Sen. Dietsch, Dist 9; Sen. Levesque, Dist 12; Sen. Cavanaugh, Dist 16

 

COMMITTEE: Health and Human Services

 

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AMENDED ANALYSIS

 

This bill makes certain changes in the use of cannabis for therapeutic purposes law, including eliminating the time frame for a provider-patient relationship.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/07/2019   0606s

03/21/2019   1210s 19-0830

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to registry identification cards under the use of cannabis for therapeutic purposes law.

 

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

 

1  Therapeutic Use of Cannabis; Definitions.  Amend RSA 126-X:1, VIII to read as follows:

VIII.  "Provider-patient relationship" means [at least a 3-month] a medical relationship between a licensed provider and a patient that includes an in-person exam, a history, a diagnosis, and a treatment plan appropriate for the licensee's medical specialty.

2  Therapeutic Use of Cannabis; Definitions.  Amend RSA 126-X:1, XVII to read as follows:

XVII.  "Written certification" means documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient's medical history and current medical condition made in the course of a provider-patient relationship [of at least 3 months in duration.  The 3-month requirement for the provider-patient relationship required in this paragraph shall not apply if the provider issuing the written certification certifies that the onset of the patient's qualifying medical condition occurred within the past [3 months] and the certifying provider is primarily responsible for the patient's care related to his or her qualifying medical condition, or if the patient is enrolled in hospice care or is medically eligible for hospice care with a prognosis of 6 months or less but has chosen to seek palliative or curative treatment, or both.  The date of issuance and the patient's qualifying medical condition, symptoms or side effects, the certifying provider's name, medical specialty, and signature shall be specified on the written certification].

3  Therapeutic Use of Cannabis; Departmental Administration; Registry Identification Cards.  Amend the introductory paragraph of RSA 126-X:4, VII(a) to read as follows:

(a)  The department shall track the number of qualifying patients who have designated each alternative treatment center and issue a [monthly] weekly written statement to the alternative treatment center identifying the number of qualifying patients who have designated that alternative treatment center along with the registry identification numbers of each qualifying patient and each qualifying patient's designated caregiver.

4  Therapeutic Use of Cannabis; Departmental Administration; Registry Identification Cards.  Amend the introductory paragraph of RSA 126-X:4, VIII to read as follows:

VIII.  In addition to the [monthly] weekly reports, the department shall also provide written notice to an alternative treatment center which identifies the names and registration identification numbers of a qualifying patient and his or her designated caregiver whenever any of the following events occur:

5  Therapeutic Use of Cannabis; Departmental Administration; Registry Identification Cards.  Amend RSA 126-X:4, IX(d) to read as follows:

(d)  If a qualifying patient notifies the department of a change in his or her designated caregiver and the prospective designated caregiver meets the requirements of this chapter, the department shall issue the designated caregiver a registry identification card within [50] 20 days of receiving the designated caregiver's application.

6  Repeal.  The following are repealed:

I.  RSA 126-X:4, I(c), relative to a photograph of the applicant's face.

II.  RSA 126-X:4, II(b), relative to a photograph of the applicant's face.

III.  RSA 126-X:4, IV(f), relative to a photograph of an applicant's face.

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

 

LBAO

19-0830

Amended 3/14/19

 

SB 88-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2019-0606s)

 

AN ACT relative to registry identification cards under the use of cannabis for therapeutic purposes law.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [    ] General            [    ] Education            [    ] Highway           [ X ] Other - Registry Identification Card and Certificate Fund

 

 

 

 

 

METHODOLOGY:

This bill amends RSA 126:X by:

  • removing the length of time a provider and patient must have a relationship before written certification of a medical condition may be issued,
  • changing the reporting frequency from monthly to weekly, and
  • repealing requirements related to photographs of the applicant's face for registration cards.

 

To the extent that there is a net administrative cost resulting from the changes in the bill, those costs would be included in the registration fees paid by the Alternative Treatment Centers.  The Therapeutic Cannabis Program is self-funded through annual registration fees, currently set at $50 per application.

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

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