CHAPTER 111

HB 504-FN – FINAL VERSION

15Mar2011… 0698h

2011 SESSION

11-0814

08/03

HOUSE BILL 504-FN

AN ACT licensing reverse distributors of drugs and requiring manufacturers, wholesalers, distributors, service distributors, and brokers to report changes in ownership.

SPONSORS: Rep. Case, Rock 1; Rep. S. Keans, Straf 1

COMMITTEE: Commerce and Consumer Affairs

AMENDED ANALYSIS

This bill licenses reverse distributors of drugs.

This bill also requires manufacturers, wholesalers, distributors, reverse distributors, and brokers to report changes in ownership.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Mar2011… 0698h

11-0814

08/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT licensing reverse distributors of drugs and requiring manufacturers, wholesalers, distributors, service distributors, and brokers to report changes in ownership.

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

111:1 New Paragraph; Definition; Reverse Distributor. Amend RSA 318:1 by inserting after paragraph XXVIII the following new paragraph:

XXIX. “Reverse distributor” means a person or persons who facilitate the removal, disposal, or destruction of prescription drugs to persons other than consumers.

111:2 Licensing of Manufacturers and Wholesalers; Reverse Distributors. Amend RSA 318:51-a, I to read as follows:

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 [or], distributor, or reverse distributor shall supply the same without first having obtained a license to do so from the board. Such license shall expire annually on June 30. An application together with a reasonable fee as established by the board shall be filed annually on or before July 1.

111:3 New Paragraph; Change of Ownership; Reporting. Amend RSA 318:51-a by inserting after paragraph IV the following new paragraph:

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) 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 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.

111:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 31, 2011

Effective Date: July 30, 2011