reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:47-h - Price of Filling Prescriptions.

318:47-h Price of Filling Prescriptions. –
I. A pharmacy benefits manager or insurer shall require a contracted pharmacy to charge an enrollee or insured person the pharmacy's usual and customary price of filling the prescription or the contracted copayment, whichever is less.
II. Once it has settled a claim for filling a prescription for an enrollee or insured person and notified the pharmacy of the amount the pharmacy benefits manager or insurer will pay to the pharmacy for that prescription, the pharmacy benefits manager or insurer shall not lower the amount to be paid to the pharmacy by the pharmacy benefits manager or the insurer for such settled claim; provided, however, that this paragraph shall not apply if the claim was submitted fraudulently or with inaccurate or misrepresented information.
III. The board shall adopt rules under RSA 541-A establishing procedures to receive complaints of violations of paragraphs I and II. Such rules shall include:
(a) Criteria and procedure to refer complaints to the insurance department.
(b) Method for tracking the status of complaints referred to the insurance department and receiving department of insurance reports on the status.
(c) Procedures for reporting to the senate president, the speaker of the house of representatives, and the chairpersons of the house and senate committees with oversight of pharmacy benefit manager regulation, the number of complaints received, the number and nature of complaints referred to the insurance department, and the status of referred complaints.
Source.
2008, 29:1. 2010, 202:1, eff. Aug. 21, 2010. 2016, 221:5, eff. June 9, 2016.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:47-i - Emergency Prescription.

318:47-i Emergency Prescription. –
In the event a pharmacist receives a request for a prescription that requires a prior authorization that has neither been approved nor denied, and such medication is determined by the pharmacist to be essential to the maintenance of life or to the continuation of therapy in a chronic condition, or the interruption of therapy might reasonably produce undesirable health consequences or may cause physical or mental discomfort, the pharmacist may dispense a one-time emergency prescription of a maximum 72-hour supply of the prescribed medication to be reimbursed according to RSA 420-J:7-b, IX. A product that is packaged in a dosage form that is fixed and unbreakable may be dispensed as a 72-hour supply.
Source.
2014, 311:2, eff. Jan. 1, 2015.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:47-j - Medicaid Coverage for Telehealth Services.

318:47-j Medicaid Coverage for Telehealth Services. –
Under this chapter, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.
Source.
2015, 246:2, eff. July 6, 2015 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:48 - to 318:51 Repealed by 1963, 276:2, eff. July 1, 1963

318:48 to 318:51 Repealed by 1963, 276:2, eff. July 1, 1963 –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:51-a - Licensing of Manufacturers and Wholesalers Required.

318:51-a Licensing of Manufacturers and Wholesalers Required. –
I. No person shall manufacture legend drugs or controlled drugs as that term is defined in RSA 318-B:1, VI and no person as a wholesaler, distributor, or reverse distributor shall supply the same without first having obtained a license to do so from the board. Such license shall expire biennially on June 30 of every even-numbered year. An application together with a reasonable fee as established by the board shall be filed biennially by midnight on June 30 of every even-numbered year.
II. No license shall be issued under this section unless the applicant has furnished proof satisfactory to the board of pharmacy:
(a) That the applicant is of good moral character or, if that applicant is an association or corporation, that the managing officers are of good moral character.
(b) That the applicant has sufficient land, buildings, and such security equipment so as to properly carry on the business described in his application.
III. No license shall be granted to any person who has within 5 years been convicted of a violation of any law of the United States, or of any state, relating to drugs, as defined in this chapter or RSA 318-B, or to any person who is a drug-dependent person.
IV. Any person licensed pursuant to this section is subject to the provisions of RSA 318:29.
V. (a) The manufacturer, wholesaler, distributor, reverse distributor, or broker to which a license has been issued shall, within 30 days of any change of information supplied in the original application, notify the board.
(b) The notice required pursuant to subparagraph (a) shall contain:
(1) Current New Hampshire license number of the manufacturer, wholesaler, distributor, reverse distributor, or broker.
(2) Name of the manufacturer, wholesaler, distributor, reverse distributor, or broker, old and new, if applicable.
(3) Address of the manufacturer, wholesaler, distributor, reverse distributor, or broker, old and new, if applicable.
(4) [Repealed.]
(c) A new license shall be required for a change of ownership of an established manufacturer, wholesaler, distributor, reverse distributor, or broker to a successor business entity which results in a change in the controlling interest in the manufacturer, wholesaler, distributor, reverse distributor, or broker.
Source.
1985, 324:15. 1989, 258:3. 2011, 111:2, 3, eff. July 30, 2011. 2019, 264:10, 15, IV, eff. Sept. 17, 2019.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:51-b - Licensing of Limited Retail Drug Distributors Required.

318:51-b Licensing of Limited Retail Drug Distributors Required. –
I. No person shall operate as a limited retail drug distributor, as defined in RSA 318:1, VII-a, without first having obtained a license to do so from the office of professional licensure and certification according to the eligibility requirements set forth in rule by the pharmacy board.
II. No license shall be issued under this section unless the applicant has furnished proof satisfactory to the board that:
(a) The applicant is of good moral character or, if that applicant is an association or corporation, that the managing officers are of good moral character.
(b) The applicant has sufficient space and security equipment as to properly carry on the business described in the application.
(c) The license granted by this chapter shall at all times be displayed in a conspicuous place in the facility for which it is issued.
(d) The applicant, other than a distributor of legend devices or medical gases, has a written contract with a pharmacist licensed in the state to serve as a consultant on all matters relating to the storage and dispensing of prescription drugs.
III. No license shall be granted to any person who has within 5 years been convicted of a violation of any law of the United States, or of any state, relating to drugs, as defined in this chapter or RSA 318-B, or to any person who is a drug-dependent person.
IV. Any person licensed pursuant to this section is subject to the provisions of RSA 318:29.
Source.
2000, 271:5. 2007, 202:12, eff. Jan. 1, 2008. 2019, 264:11, eff. Sept. 17, 2019. 2023, 79:314, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:51-c - Licensing of Outsourcing Facilities Identified as Section 503B Facilities by the United States Food and Drug Administration.

318:51-c Licensing of Outsourcing Facilities Identified as Section 503B Facilities by the United States Food and Drug Administration. –
I. No person shall compound legend drugs or controlled drugs, as defined in RSA 318-B:1, VI, and no person acting as or employed by an outsourcing facility shall supply such drugs, without first having obtained a license from the office of professional licensure and certification according to the eligibility requirements set forth in rule by the pharmacy board.
II. No license shall be issued under this section unless the applicant has furnished proof:
(a) That the applicant is of good moral character or, if that applicant is an association or corporation, that the managing officers are of good moral character.
(b) That the applicant has sufficient land, buildings, and security equipment as to properly carry on the business described in the application.
III. No license shall be granted to any person who has within 5 years been convicted of a violation of any law of the United States, or of any state, relating to drugs, as defined in this chapter or RSA 318-B, or to any person who is a drug-dependent person.
IV. Any person licensed pursuant to this section shall be subject to the provisions of RSA 318:29.
V. (a) The outsourcing facility to which a license has been issued shall, within 30 days of any change of information supplied in the original application, notify the board.
(b) The notice required pursuant to subparagraph (a) shall contain:
(1) Current New Hampshire license number of the outsourcing facility.
(2) Name of the outsourcing facility, old and new, if applicable.
(3) Address of the outsourcing facility, old and new, if applicable.
(4) Names, addresses, and titles of new corporate officers, partners, or owners.
(c) A new license shall be required for a change of ownership of an established outsourcing facility to a successor business entity which results in a change in the controlling interest in the outsourcing facility.
VI. The outsourcing facility to which a license has been issued shall, within 30 days of any written warnings or disciplinary action from any state or federal licensing or enforcement agency, notify the board and provide a copy of the action.
Source.
2015, 180:3, eff. July 1, 2015. 2019, 264:12, eff. Sept. 17, 2019. 2023, 79:315, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:51-e - Rulemaking.

318:51-e Rulemaking. –
The board shall adopt rules pursuant to RSA 541-A relative to:
I. [Repealed.]
II. Content of the application;
III. The standards for licensing of outsourcing facilities;
IV. [Repealed.]
V. Standards for denial and revocation of license;
VI. Inspection requirements;
VII. Dispensing and distribution requirements of prescription drugs;
VIII. Record keeping requirements; and
IX. Requirements for outsourcing facilities.
Source.
2015, 180:3, eff. July 1, 2015. 2021, 197:105, V, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:51-g - Licensure of Drug or Device Distribution Agents.

318:51-g Licensure of Drug or Device Distribution Agents. –
I. No person shall act as a prescription drug or device distribution agent, which includes controlled drugs as the term is defined in RSA 318-B:1, VI, without first having obtained a license to do so from the office of professional licensure and certification according to the eligibility requirements set forth in rule by the pharmacy board.
II. Any person licensed pursuant to this section shall be subject to the provisions of RSA 318:29.
III. For purposes of this section:
(a) A drug or device distribution agent shall include virtual manufacturers, virtual wholesaler distributors, jobbers or brokers (including sales/marketing offices), and third-party logistics companies, and any other agent involved in the handling or distribution of prescription drugs, medical gases, or prescription medical devices or equipment in the supply chain that affects the pedigree of the products.
(b) "Broker or jobber" is any party that mediates between a buyer and a seller for the sale or shipment of prescription drugs, gases, equipment, or devices.
(c) "Pedigree" is a document or an electronic file containing information that records each distribution of any given prescription drug, medical gas, or prescription medical device or equipment.
(d) "Third-party logistics provider" is a person that contracts with a wholesale distributor or a manufacturer to provide or coordinate warehousing, wholesale distribution, or other services on behalf of a manufacturer, but does not take title to the prescription drug, gas, device, or equipment.
(e) "Virtual manufacturer" is anyone that owns the NDA or ANDA for a prescription drug, gas, device, or equipment that contracts with others for the actual manufacturing.
(f) "Virtual wholesale distributor" is anyone engaged in wholesale distribution of prescription drugs, gases, devices, or equipment.
Source.
2019, 264:14, eff. Sept. 17, 2019. 2023, 79:317, eff. Sept. 1, 2023.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:52-a - Fraud or Deceit.

318:52-a Fraud or Deceit. –
It is unlawful to obtain or attempt to obtain a drug or device sold by prescription of a physician, dentist, optometrist, podiatrist, veterinarian, naturopathic doctor, physician assistant, or advanced practice registered nurse that bears a statement that it is to be dispensed or sold only by or on the prescription of a physician, dentist, optometrist, podiatrist, veterinarian, naturopathic doctor, physician assistant, or advanced practice registered nurse by:
I. Fraud, deceit, misrepresentation or subterfuge;
II. The forgery or alteration of a prescription or of any written order;
III. The concealment of a material fact;
IV. The use of a false name or the giving of a false address; or
V. Submission of an electronic or on-line medical history form that fails to establish a valid practitioner-patient relationship.
Source.
1965, 275:1. 1994, 333:13. 2009, 54:5. 2010, 74:2, eff. Jan. 1, 2011; 259:10, eff. July 6, 2010; 259:12, eff. Jan. 1, 2011 at 12:01 a.m.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:52-b - Destruction of Used Instruments in Health Care Facilities.

318:52-b Destruction of Used Instruments in Health Care Facilities. –
It shall be unlawful for any possessor of a hypodermic syringe, needle, or any instrument adapted for the administration of controlled drugs, in health care facilities, to dispose of or discard any such instrument in any manner other than that provided in this section. Disposables which can cause injury, such as needles or syringes with needles, shall be placed intact in puncture resistant containers that are adapted with a secured lid which prevents easy access to the contents.
Source.
1970, 48:2. 1989, 34:1. 1990, 129:1, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:52-c - Sale of Hypodermic Syringes and Needles.

318:52-c Sale of Hypodermic Syringes and Needles. –
I. No person shall sell, furnish, or give to any person, under 18 years of age, an instrument commonly known as a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of drugs by injection without the written or oral prescription of a licensed physician, physician assistant, dentist, veterinarian, podiatrist, or advanced practice registered nurse. Such prescription shall contain the name and address of the patient, the date of the prescription, the description of the instrument prescribed, and the number of instruments prescribed.
II. The following conditions shall apply to all purchases of hypodermic syringes or needles:
(a) Retailers and dispensers of hypodermic syringes, needles, or any instrument adapted for the administration of drugs by injection shall provide to each purchaser at the time of purchase information regarding the safe disposal of hypodermic syringes or needles, including local disposal locations or a telephone number to call for such information, if appropriate.
(b) Retailers and dispensers shall also provide purchasers with information on drug addiction treatment, including a local telephone number to get assistance, if appropriate.
Source.
1971, 135:1. 1973, 453:12. 1981, 484:15. 1989, 34:2. 1992, 102:1. 1994, 333:14. 1999, 213:5. 2000, 176:1. 2005, 177:135. 2009, 54:5. 2012, 171:26, XII, eff. Aug. 10, 2012. 2017, 117:2, eff. June 16, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:52-e - Control or Possession of Hypodermic or Like Instruments Without Prescription Prohibited for Minors.

318:52-e Control or Possession of Hypodermic or Like Instruments Without Prescription Prohibited for Minors. –
No person under 18 years of age shall have under such person's control or possess a hypodermic syringe, hypodermic needle, or any instrument adapted for the administration of drugs by injection, unless the person has received a written or oral prescription issued under RSA 318:52-c. For the purpose of this subdivision, no such prescription shall be valid which has been outstanding for more than one year.
Source.
1971, 135:1. 1973, 453:15. 1981, 484:16. 1989, 34:4. 1994, 333:15. 1999, 213:6. 2000, 176:3, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:53, 318:54 - Repealed by 1963, 276:2, eff. July 1, 1963

318:53, 318:54 Repealed by 1963, 276:2, eff. July 1, 1963 –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:55 - Repealed by 2023, 79:318, XVIII, eff. Sept. 1, 2023.

318:55 Repealed by 2023, 79:318, XVIII, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:56 - Repealed by 2023, 79:318, XIX, eff. Sept. 1, 2023.

318:56 Repealed by 2023, 79:318, XIX, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:57 - Repealed by 2023, 79:318, XX, eff. Sept. 1, 2023.

318:57 Repealed by 2023, 79:318, XX, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:58 - Repealed by 2023, 79:318, XXI, eff. Sept. 1, 2023.

318:58 Repealed by 2023, 79:318, XXI, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:58-a - Repealed by 2018, 147:2, eff. Nov. 30, 2018.

318:58-a Repealed by 2018, 147:2, eff. Nov. 30, 2018. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:59 - Repealed by 2023, 79:318, XXII, eff. Sept. 1, 2023.

318:59 Repealed by 2023, 79:318, XXII, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:60 - Repealed by 2023, 79:318, XXIII, eff. Sept. 1, 2023.

318:60 Repealed by 2023, 79:318, XXIII, eff. Sept. 1, 2023. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:61 - Definition.

318:61 Definition. –
In this subdivision, "responsible party" means the entity responsible for payment of claims for health care services other than the individual to whom the health care services were rendered or that individual's guardian or legal representative.
Source.
2013, 159:1, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:63 - Mandatory Appeals Process.

318:63 Mandatory Appeals Process. –
I. Each entity that conducts an audit of a pharmacy shall establish an appeals process under which a pharmacy may appeal within 30 days after the report an unfavorable audit report to the entity.
II. If, following the appeal, the entity finds that an unfavorable audit report or any portion of the unfavorable audit report is unsubstantiated, the entity shall dismiss the unsubstantiated portion of the audit report without any further proceedings unless outlined in the contract.
III. Each entity conducting an audit shall provide a copy, if required under contractual terms, of the audit findings to the plan sponsor after completion of any appeals process.
IV. If any portion of an unfavorable audit report is not dismissed within 30 days after an appeal is made under paragraph I, the pharmacy may request a hearing from the insurance department pursuant to RSA 400-A:17.
Source.
2013, 159:1, eff. Jan. 1, 2014. 2020, 39:11, eff. Sept. 27, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:64 - Pharmacy Audit Recoupments.

318:64 Pharmacy Audit Recoupments. –
I. Recoupments of any disputed funds shall occur only after final internal disposition of an audit, including the appeals process, unless fraud or misrepresentation is reasonably suspected or the discrepant amount exceeds $10,000.
II. Recoupment on an audit shall be refunded to the responsible party as contractually agreed upon by the parties.
III. The entity conducting the audit shall not charge or assess the responsible party, directly or indirectly, based on amounts recouped.
Source.
2013, 159:1, eff. Jan. 1, 2014. 2020, 39:12, eff. Sept. 27, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:65 - Audit Information and Reports.

318:65 Audit Information and Reports. –
An audit report shall be delivered to the pharmacy within 75 days, unless otherwise agreed to, after the conclusion of the audit. A pharmacy shall be allowed at least 30 days, unless otherwise agreed to, following receipt of the audit report to appeal any discrepancy found in the audit. A final audit report shall be delivered to the pharmacy within 90 days, unless otherwise agreed to, after receipt of the appeal. A charge-back, recoupment, or other penalty may not be assessed until the appeal process has been exhausted and the final report issued except as specified in RSA 318:64. Except as provided by state or federal law or contract, audit information may not be shared. Auditors may have access only to previous audit reports on a particular pharmacy conducted by that same entity.
Source.
2013, 159:1, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:66 - Applicability.

318:66 Applicability. –
This subdivision shall not apply to any audit, review, or investigation that is based on suspected or alleged fraud, willful misrepresentation, or abuse. Nothing in this subdivision shall apply to claims that were paid for in part or in whole by Medicare or Medicaid program funds.
Source.
2013, 159:1, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:67 - Definitions.

318:67 Definitions. –
In this subdivision:
I. "Department" means the insurance department.
II. "Manufacturer" means any entity which is engaged in the production, preparation, propagation, compounding, conversion, or processing of prescription drugs, whether directly or indirectly by extraction from substances of natural origin, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, or any entity engaged in the packaging, repackaging, labeling, relabeling, or distribution of prescription drugs. The term shall not include a wholesale distributor of prescription drugs, a retailer, or a pharmacist licensed under the board.
III. "Prescription drug" means a drug defined in 21 U.S.C. section 321.
Source.
2020, 4:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318 - Pharmacists and Pharmacies › Section 318:68 - Notice Required.

318:68 Notice Required. –
I. A prescription drug manufacturer shall notify the department in writing if it is introducing a new prescription drug to market at a wholesale acquisition cost that exceeds the threshold set for a specialty drug under the Medicare Part D program. The manufacturer shall provide the written notice within 3 calendar days following the release of the drug in the commercial market. A manufacturer may make the notification pending approval by the United States Food and Drug Administration (FDA) if commercial availability is expected within 3 calendar days following the approval.
II. No later than 30 calendar days following notification required under paragraph I, the manufacturer shall provide the following information to the department in a format that the department prescribes:
(a) A description of the marketing and pricing plans used in the launch of the new drug in the United States and internationally.
(b) The estimated volume of patients who may be prescribed the drug.
(c) Whether the drug was granted breakthrough therapy designation or priority review by the FDA prior to final approval.
(d) The date and price of acquisition if the drug was not developed by the manufacturer.
III. The manufacturer may limit the information required under paragraph II to that which is otherwise in the public domain or publicly available.
IV. The department shall publish on its Internet website, at least quarterly, the information reported to it under this section. The information shall be published in a manner that identifies the information that is disclosed on a per-drug basis and shall not be aggregated in a manner that would not allow identification of the drug.
V. The attorney general may bring a civil action for injunctive relief, costs, and attorney's fees and impose on a manufacturer that fails to provide the information required under paragraph II, a civil penalty of not more than $1,000 per day for every day after the notification period described in paragraph II that the required information is not reported. In any action brought under this section, the attorney general shall have the same authority to investigate and obtain remedies as if the action were brought under the RSA 358-A.
Source.
2020, 4:1, eff. Jan. 1, 2020.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:1-b - Schedule Tests.

318-B:1-b Schedule Tests. –
I.
Schedule I Tests. The commissioner shall place a substance in schedule I if he finds that the substance:
(a) Has high potential for abuse; and
(b) Has no accepted medical use in treatment in the United States or lacks accepted safety for use in treatment under medical supervision.
II.
Schedule II Tests. The commissioner shall place a substance in schedule II if he finds that:
(a) The substance has high potential for abuse;
(b) The substance has currently accepted medical use in treatment in the United States, or currently accepted medical use with severe restrictions; and
(c) The abuse of the substance may lead to severe psychic or physical dependence.
III.
Schedule III Tests. The commissioner shall place a substance in schedule III if he finds that:
(a) The substance has a potential for abuse less than the substances listed in schedules I and II of the current chapter 21, Code of Federal Regulations;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to moderate or low physical dependence or high psychological dependence.
IV.
Schedule IV Tests. The commissioner shall place a substance in schedule IV if he finds that:
(a) The substance has a low potential for abuse relative to substances listed in schedule III of the current chapter 21, Code of Federal Regulations;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) Abuse of the substance may lead to limited physical dependence or psychological dependence relative to the substances in schedule III of the current chapter 21, Code of Federal Regulations.
V.
Schedule V Tests. The commissioner shall place a substance in schedule V if he finds that:
(a) The substance has a low potential for abuse relative to substances listed in schedule IV of the current chapter 21, Code of Federal Regulations;
(b) The substance has currently accepted medical use in treatment in the United States; and
(c) The substance has limited physical dependence liability or psychological dependence liability relative to the substances in schedule IV of the current chapter 21, Code of Federal Regulations.
Source.
1985, 293:3. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:1-c - Flunitrazepam.

[RSA 318-B:1-c contingently repealed by 1998, 359:2;  see contingent repeal note set out below.]
318-B:1-c Flunitrazepam. –
I. The legislature intends that the provisions of paragraph III of this section shall remain in effect until such time as flunitrazepam is scheduled by the commissioner of the department of human services in accordance with and pursuant to RSA 318-B.
II. The legislature finds that flunitrazepam, marketed under the trade name rohypnol, which has a sedative, hypnotic, and amnesiac effect, has no acceptable medical uses in the United States and carries a high potential for abuse. Therefore, flunitrazepam meets the criteria for placement on schedule I of controlled drugs.
III. Notwithstanding the provisions of RSA 318-B:1-a, relative to scheduling by rulemaking of the commissioner of the department of health and human services, flunitrazepam shall be scheduled as a schedule I controlled drug.
Source.
1998, 359:1. 2005, 177:138, eff. July 1, 2005.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:2-a - Repealed by 1994, 333:34, eff. Jan. 1, 1995.

318-B:2-a Repealed by 1994, 333:34, eff. Jan. 1, 1995. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:2-b - Counterfeit Drugs; Affirmative Defense.

318-B:2-b Counterfeit Drugs;  Affirmative Defense. –
It is an affirmative defense to prosecution under RSA 318-B:2, I-a that the actor is:
I. A physician or advanced practice registered nurse who sells, dispenses, or prescribes a substance which he represents to be or contain a controlled drug, but which in fact neither is nor contains a controlled drug, to a patient under his care for a bona fide therapeutic purpose; or
II. A pharmacist who sells or dispenses a substance which he represents to be or contain a controlled drug, but which in fact neither is nor contains a controlled drug, to a person at the direction of and upon the written prescription of an attending physician or advanced practice registered nurse, provided any written prescription is properly executed, dated, and signed by the person prescribing on the day when issued and bears the full name and address of the patient for whom the drug is dispensed; or
III. A nurse or intern who, at the explicit direction of and under the supervision of an attending physician, administers a substance which he represents to be or contain a controlled drug, but which in fact neither is nor contains a controlled drug, to a patient for a bona fide therapeutic purpose; or
IV. An advanced emergency medical care provider who, upon receipt directly or by phone or by radio or by other communication medium of directions to do so from the supervising physician or an emergency/trauma advanced practice registered nurse, administers a substance which he represents to be or to contain a controlled drug, but which in fact neither is nor contains a controlled drug, to a patient for a bona fide therapeutic purpose.
Source.
1983, 36:2. 1992, 48:7. 1994, 333:20. 2009, 54:5, eff. July 21, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:2-d - Plea by Mail.

318-B:2-d Plea by Mail. –
I. Any person 18 years of age or older who is charged with a violation of RSA 318-B:2-c, II, III, or IV may enter a plea of guilty, nolo contendere, or not guilty, by mail in a circuit court, district division.
II. Such defendant shall receive, in addition to the summons, a fine notice entitled "Notice of Fine" which shall contain the amount of the fine for a violation of RSA 318-B:2-c, II, III, or IV. A defendant who is issued a summons and notice of fine and who wishes to plead guilty or nolo contendere shall enter his or her plea on the summons and return it with payment of the fine within 30 days of the date of the summons. Payment by credit card may be accepted in lieu of cash payment.
III. If the defendant wishes to enter a plea of not guilty, he or she shall enter such plea on the summons and return it within 30 days of the date of the summons. The circuit court, district division shall schedule a trial.
IV. Whenever a defendant willfully fails to pay a fine in connection with a conviction for a violation of RSA 318-B:2-c, II, III, or IV or payment of such fine cannot be collected, the defendant shall be defaulted and the court may impose an additional fine of $100.
Source.
2017, 248:2, eff. Sept. 16, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:2-e - Negligent Storage of Marijuana-Infused Products.

318-B:2-e Negligent Storage of Marijuana-Infused Products. –
I. In addition to any other penalties provided for by law, any person who negligently stores marijuana-infused products, where the negligent storage causes such products to be possessed by a person under 18 years of age, shall be guilty of a misdemeanor. The storing of marijuana-infused products obtained legally in any state in an original childproof container shall be prima facie evidence that a person did not act negligently. Failure to store marijuana-infused products obtained legally in any state in an original childproof container shall be prima facie evidence of negligence.
II. As used in this section, "marijuana-infused products" means products that are comprised of marijuana, marijuana extracts, or resins that have been combined with other ingredients and are intended for use or consumption, including but not limited to, edible products, drinks, ointments, and tinctures.
Source.
2017, 248:2, eff. Sept. 16, 2017.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:3 - Licensing of Manufacturers and Wholesalers Required.

318-B:3 Licensing of Manufacturers and Wholesalers Required. –
No person shall manufacture controlled drugs, and no person as a wholesaler shall supply the same, without first having obtained a license to do so as provided in RSA 318:51-a.
Source.
1969, 421:1. 1973, 198:1. 1985, 324:19. 1990, 129:3, eff. June 18, 1990.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:4 - Repealed by 1985, 324:25, eff. Jan. 1, 1986.

318-B:4 Repealed by 1985, 324:25, eff. Jan. 1, 1986. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:5 - Sale by Manufacturer or Wholesaler.

318-B:5 Sale by Manufacturer or Wholesaler. –
A duly licensed manufacturer or wholesaler may sell and dispense controlled drugs only to any of the following persons, and only on official written orders:
I. To a manufacturer, wholesaler, or pharmacist.
II. To a practitioner.
III. To that person in each hospital designated as in charge of controlled drugs, but only for use by that hospital, pursuant to the restrictions of the board of pharmacy license.
IV. To that person in each laboratory designated as in charge of controlled drugs, but only for use in that laboratory for scientific and medical purposes.
V. To a person in the employ of the United States government or of any state, territorial, district, county, municipal, or insular government purchasing, receiving, possessing, or dispensing controlled drugs by reason of his official duties, upon an exempt official order form as required by the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended.
VI. To a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or to a physician or surgeon, duly licensed in some state, territory, or the District of Columbia to practice his profession, or to a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft for the medical needs of persons on board such ship or aircraft, or to a physician, surgeon, or retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft only in pursuance of a special order form approved by the Attorney General of the United States.
VII. To a person in a foreign country if the provisions of the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, are complied with.
Source.
1969, 421:1. 1977, 547:7, 8. 1983, 292:4, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:6 - Possession Lawful.

318-B:6 Possession Lawful. –
Possession of or control of controlled drugs obtained as authorized shall be lawful if in the regular course of business, occupation, profession, employment, or duty of the possessor. A person who obtains controlled drugs under the provisions of RSA 318-B:5 or otherwise shall not administer, dispense, or otherwise use such drugs within the state, except within the scope of his employment or official duty, and then only for scientific or medical purposes and subject to the provisions of this chapter.
Source.
1969, 421:1. 1983, 292:5, eff. Aug. 17, 1983.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:7 - Written Orders.

318-B:7 Written Orders. –
An official written order for any controlled drug in schedule II shall be signed in triplicate by the person giving said order or by his duly authorized agent. The original shall be presented to the person who sells or dispenses the controlled drug or drugs named therein. In the event of the acceptance of such order by said person, each party to the transaction shall preserve his copy of such order for a period of 2 years in such a way as to be readily accessible for inspection by any public officer or employee engaged in the enforcement of this chapter. It shall be deemed compliance with this section if the parties to the transaction have complied with the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, or the federal food and drug laws, respecting the requirements governing the use of order forms.
Source.
1969, 421:1. 1977, 547:9. 1983, 292:6. 1985, 293:4, eff. Aug. 13, 1985.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:8 - Limitation on Use.

318-B:8 Limitation on Use. –
A person in charge of controlled drugs in a hospital or of a laboratory, or in the employ of this state or of any other state or of any political subdivision thereof, or a master of a ship or a person in charge of any aircraft upon which no physician is regularly employed, or a physician or surgeon duly licensed in some state, territory, or the District of Columbia to practice his profession, or a retired commissioned medical officer of the United States Army, Navy, or Public Health Service employed upon such ship or aircraft who obtains controlled drugs under the provisions of RSA 318-B:5, or otherwise, shall not administer, nor dispense, nor otherwise use such drugs within the state, except within the scope of his employment or official duty, and then only for scientific or medical purposes and subject to the provisions of this chapter.
Source.
1969, 421:1, eff. Aug. 31, 1969.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:11 - Preparations Exempted.

318-B:11 Preparations Exempted. –
I.
Not Dependence Forming or of Sustaining Character. The department of health and human services may by rule exempt from the application of this chapter, to such extent as it determines to be consistent with the public welfare, pharmaceutical preparations found by the department of health and human services after due notice and hearing:
(a) Either to possess no physiological or psychological dependence forming or sustaining character, or to possess physiological or psychological dependence forming or sustaining character not sufficient to warrant imposition of all the requirements of this chapter, and,
(b) Not to permit recovery of the minute quantity of a controlled drug from the pharmaceutical preparation having such a physiological or psychological dependence forming or sustaining character, with such relative technical chemical separation simplicity and degree of quantitative yield as to create a risk of improper use.
II.
Exempt Under Federal Law. In exercising the authority granted in paragraph I, the commissioner of the department of health and human services by rule and without special findings, may grant exempt status to such pharmaceutical preparations as are or may be determined to be exempt under the Comprehensive Drug Abuse Prevention and Control Act of 1970 and regulations and permit the administering, dispensing, or selling of such preparations under the same conditions as permitted by the Comprehensive Drug Abuse Prevention and Control Act of 1970 and regulations and the federal food and drug laws and regulations.
III.
Revocation. If the department of health and human services shall find after due notice and a hearing, as required by RSA 318-B:1, VI, that any exempt pharmaceutical preparation does possess a degree of physiological or psychological dependence character that results in material abusive use, it shall by designation publish, once each week for 3 successive weeks, the findings in a newspaper of general circulation in the state. The findings shall be effective, and the exempt status shall cease to apply to such pharmaceutical preparation, 7 days after the date of the publication of the findings. The suspension procedure specified in RSA 318-B:1, VI, shall also apply to such exempt preparation after the hearing date.
Source.
1969, 421:1. 1977, 547:13. 1985, 190:99, 100. 1995, 310:181, 182, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:12-a - Treatment for Drug Abuse.

318-B:12-a Treatment for Drug Abuse. –
Any minor 12 years of age or older may voluntarily submit himself to treatment for drug dependency as defined in RSA 318-B:1, IX, or any problem related to the use of drugs at any municipal health department, state institution or facility, public or private hospital or clinic, any licensed physician or advanced practice registered nurse practicing within such nurse practitioner's specialty, or other accredited state or local social welfare agency, without the consent of a parent, guardian, or any other person charged with the care or custody of said minor. Such parent or legal guardian shall not be liable for the payment for any treatment rendered pursuant to this section. The treating facility, agency or individual shall keep records on the treatment given to minors as provided under this section in the usual and customary manner, but no reports or records or information contained therein shall be discoverable by the state in any criminal prosecution. No such reports or records shall be used for other than rehabilitation, research, or statistical and medical purposes, except upon the written consent of the person examined or treated. Nothing contained herein shall be construed to mean that any minor of sound mind is legally incapable of consenting to medical treatment provided that such minor is of sufficient maturity to understand the nature of such treatment and the consequences thereof.
Source.
1971, 136:1. 1994, 333:24. 2009, 54:5, eff. July 21, 2009.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:13 - Labels.

318-B:13 Labels. –
I. Whenever a manufacturer sells or dispenses a controlled drug, and whenever a wholesaler sells or dispenses a controlled drug in a package prepared by him, he shall securely affix to each package in which the drug is contained a label showing in legible English the name and address of the vendor and the quantity, kind, and form of controlled drug contained therein. If any controlled drug is determined by rule of the department of health and human services to be habit forming, the container label shall show clearly the statement "Warning-May be Habit Forming". No person, except a pharmacist for the purpose of filling a prescription under this chapter, shall alter, deface, or remove any label so affixed.
II. Whenever a pharmacist dispenses any controlled drug on prescription issued by a practitioner, he or she shall affix to the container in which such drug is dispensed a label showing the name, address, and registry number of the pharmacy and name or the initials of the pharmacist; the name of the prescribing practitioner; the prescription identification number; the name of the patient; the date dispensed; any directions as may be stated on the prescription; and the name and strength and quantity of the drug dispensed. All drugs dispensed to a patient that have been filled using a centralized prescription processing system shall bear a label containing an identifiable code that provides a complete audit trail of the dispensing of the drug and pharmaceutical care activities. No person shall alter, deface, or remove any label so affixed.
III. Whenever a practitioner other than a pharmacist, but including a physician, dentist, podiatrist, optometrist, veterinarian, or advanced practice registered nurse dispenses a controlled drug, he shall indicate on the container in which such drug is dispensed at least the name of the practitioner; the name and address of the patient, or, in the case of an animal, the name and address of the owner and the species of animal; the date dispensed; the name, strength, and quantity of drug dispensed; and the directions for administering the medication.
IV. A compounded drug product shall also be labeled as provided in RSA 318:14-a.
Source.
1969, 421:1. 1977, 547:15, 16. 1983, 292:11. 1985, 324:22. 1993, 333:7. 1994, 333:25. 1995, 310:181. 2002, 281:6. 2009, 54:5. 2013, 121:7, eff. Jan. 1, 2014.
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:14 - Repealed by 2010, 173:2, eff. Jan. 1, 2011.

318-B:14 Repealed by 2010, 173:2, eff. Jan. 1, 2011. –
2023 New Hampshire Revised Statutes › Title XXX - Occupations and Professions › Chapter 318-B - Controlled Drug Act › Section 318-B:16 - Common Nuisances.

318-B:16 Common Nuisances. –
Any store, shop, warehouse, dwellinghouse, building, vehicle, boat, aircraft, or any place whatever which is resorted to by drug-dependent persons for the purpose of using controlled drugs or which is used for the illegal keeping or selling of the same shall be deemed a common nuisance. No person shall knowingly keep or maintain such a common nuisance.
Source.
1969, 421:1, eff. Aug. 31, 1969.