PROPOSED RULES

Notice Number: 2013-168

Rule Number: Ph 1500

1. Agency Name & Address:

New Hampshire Board of Pharmacy

57 Regional Drive

Concord, New Hampshire 03301

After November 21, 2013:

121 South Fruit Street

Concord, NH 03301

2. RSA Authority: RSA 318-B:37

3. Federal Authority:

4. Type of Action:

Adoption ____

Amendment ______

Repeal ______

Readoption ______

Readoption w/amendment ___X__

5. Short Title: NEW HAMSPHIRE CONTROLLED DRUG PRESCRIPTION HEALTH AND SAFETY PROGRAM

6. (a) Summary of what the rule says and the effect of the rule on those regulated:

This rule implements SB 286 (Chapter Law 196 of the 2012 session), the New Hampshire Controlled Drug Prescription Health and Safety Program created by RSA 318-B:31-38, which authorizes the Pharmacy Board to establish and contract with a third party for the implementation and operation of an electronic system to facilitate the confidential sharing of information relating to the prescribing and dispensing of schedule II-IV controlled substances by prescribers and dispensers within the state. The purpose is to promote public health and safety through the prevention of and treatment for misuse and abuse of controlled substances and the reduction of the diversion of such substances, without interfering with the legal medical use of these substances. According to RSA 318-B: 37 the Board was required to adopt administrative rules by June 30, 2013. The Board through support of the Advisory Council has worked persistently to adopt rules but the task proved to be more time consuming than intended.

6. (b) Brief description of the groups affected:

Pharmacies licensed in New Hampshire both resident and non-resident, licensed pharmacists in New Hampshire, licensed practitioners (physicians, dentists, nurse practitioners, veterinarians, optometrist and physician assistants), and patients that are prescribed controlled medications.

6. (c) Specific section or sections of state statute or federal statute or regulation which the rule is intended to implement:

RULE	SECTION TITLE
Ph 1501.01	RSA 318-B:31-38
Ph 1502.01	RSA 318-B:31
Ph 1503.01	RSA 318-B:33, I & II
Ph 1504.01	RSA 318-B:33, III, IV & V
Ph 1504.02	RSA318-B:33, VI
Ph 1504.03	RSA 318-B:33 VII
Ph 1505.01 - 1505.05	RSA 318-B:35, I
Ph 1506.01- 1506.02	RSA 318-B:35 II & III

7. Contact person for copies and questions including requests to accommodate persons with disabilities:

Name: James M. Queenan

Title: Executive Secretary

Phone #: 603-271-2350

Fax #: 603-271-2856

E-Mail: james.queenan@nh.gov

TTY/TDD Access: Relay NH 1-800-735-2964 or dial 711 (in NH)

Address: New Hampshire Board of Pharmacy 57 Regional Drive Concord NH 03301

8. Deadline for submission of materials in writing or, if practicable for the agency, in the electronic format specified: November 21, 2013 at close of hearing

_____x____Fax _____x____E-Mail _________Other format (specify)

9. Public hearing scheduled for:

Date and Time: November 21, 2013 at 5:30 P.M.

Place: N.H. Board of Pharmacy (Large Conference Room) 121 South Fruit Street Concord, NH.03301

10. Fiscal Impact Statement (Prepared by Legislative Budget Assistant)

FIS # 13:143 dated 10/21/13

1. Comparison of the costs of the proposed rule(s) to the existing rule(s):

Not applicable, these are new rules.

2. Cite the Federal mandate. Identify the impact on state funds:

No federal mandate, no impact on state funds

3. Cost and benefits of the proposed rule(s):

A. To State general or State special funds:

None.

B. To State citizens and political subdivisions:

None.

C. To independently owned business:

Independently owned businesses will incur costs related to the transmission of patient, prescription and practitioner data to the Controlled Drug Prescription Health and Safety Program. These costs are not known, but the Board anticipates any costs will be nominal.

11. Statement Relative to Part I, Article 28-a of the N.H. Constitution:

The proposed rule modifies an existing program or responsibility, but does not mandate any fees, duties or expenditures on the political subdivisions of the state and, therefore, does not violate Part I, Article 28-a of the N.H. Constitution.