CHAPTER 126-A DEPARTMENT OF HEALTH AND HUMAN SERVICES
Controlled Drug Prescription Health and Safety Program
Section 126-A:91
126-A:91 Controlled Drug Prescription Health and Safety Program Operation. –
I. The department shall develop a system of registration for all prescribers and dispensers of schedule II-IV controlled substances within the state. The system of registration shall be established by rules adopted by the department, pursuant to RSA 541-A.
II. All prescribers and dispensers authorized to prescribe or dispense schedule II-IV controlled substances within the state shall be required to register with the program as follows:
(a) Practitioners who prescribe but do not dispense schedule II-IV controlled substances shall register with the program as a prescriber;
(b) Practitioners who dispense but do not prescribe schedule II-IV controlled substances shall register with the program as a dispenser unless exempted pursuant to RSA 126-A:89, VI; and
(c) Practitioners who prescribe and dispense schedule II-IV controlled substances shall register with the program as both a prescriber and a dispenser unless exempted pursuant to RSA 126-A:89, VI.
III. Only registered prescribers, dispensers, or their designees, and federal health prescribers and dispensers working in federal facilities located in New Hampshire, Massachusetts, Maine, and Vermont shall be eligible to access the program.
IV. The chief medical examiner and delegates may register and access the program.
V. Each dispenser shall submit to the program the information regarding each dispensing of a schedule II-IV controlled substance. Any dispenser located outside the boundaries of the state of New Hampshire and who is licensed and registered by the pharmacy board, established in RSA 318:2, shall submit information regarding each prescription dispensed to a patient who resides within New Hampshire.
VI. Each dispenser required to report under paragraph V of this section shall submit to the program by electronic means information for each dispensing that shall include, but not be limited to:
(a) Dispenser's Drug Enforcement Administration (DEA) registration number.
(b) Prescriber's DEA registration number.
(c) Date of dispensing.
(d) Prescription number.
(e) Number of refills granted.
(f) National Drug Code (NDC) of drug dispensed.
(g) Quantity dispensed.
(h) Number of days supply of drug.
(i) Patient's name.
(j) Patient's address.
(k) Patient's date of birth.
(l) Patient's telephone number, if available.
(m) Date prescription was written by prescriber.
(n) Whether the prescription is new or a refill.
(o) Source of payment for prescription.
(p) The format of the prescription: electronic, faxed, written, oral, or other.
VII. (a) Except as provided in subparagraphs (b) and (c), each dispenser shall submit the required information in accordance with transmission methods daily by the close of business on the next business day from the date the prescription was dispensed.
(b) Veterinarians shall submit the information required under subparagraph (a) no more than 7 days from the date the prescription was dispensed.
(c) Dispensers who have a federal Drug Enforcement Administration license, but who do not dispense controlled substances may request a waiver from the requirements of subparagraph (a) from the department.
VIII. The commissioner may issue a waiver to a dispenser that is unable to submit prescription information by electronic means. Such waiver may permit the dispenser to submit prescription information by paper form or other means, provided all information required by paragraph VI is submitted in this alternative format and within the established time limit.
IX. The commissioner may grant a reasonable extension to a dispenser that is unable, for good cause, to submit all the information required by paragraph V within the established time limits.
X. Any dispenser who in good faith reports to the program as required by paragraphs V and VI shall be immune from any civil or criminal liability as the result of such good faith reporting.
Source. 2021, 91:45, eff. July 1, 2021. 2022, 215:2, eff. June 17, 2022. 2023, 140:1, eff. Aug. 29, 2023.