318:43-a Syringe Service Programs; Authorized Activities and Funding Sources. –
I. Notwithstanding any other law to the contrary, any person authorized under RSA 318-B:43 to operate a syringe service program may engage in eligible activities, as defined in paragraph IV.
II. State funds including, but not limited to, funds received by the state in the New Hampshire opioid litigation settlement may be used to support the activities of syringe service programs as permitted under this section and RSA 318-B:43.
II-a. (a) Any entity operating a syringe service program in New Hampshire that involves the provision of sterile needles and syringes shall provide options for the disposal of used syringes, needles, and other related paraphernalia. Such options shall be free to the public.
(b) Any organization required to provide options for the disposal of used syringes, needles, and other related paraphernalia shall undertake an annual marketing campaign to inform participants of free disposal options.
(c) At the time of a quarterly report, each entity operating a syringe service program in New Hampshire shall report to the department whether they are required to provide options for disposal as outlined in this paragraph and, if so, shall demonstrate their compliance.
(d) At the time of a quarterly report, each entity operating a syringe service program in New Hampshire shall report to the department calculated return rates. In addition to calculated return rates, each program shall provide a description of methods used in syringe counting or estimation; separation of returns from direct participant exchange versus secondary/community sources; and a narrative of factors affecting performance and improvement efforts. Strengthening syringe services programs (SSPs) shall seek to achieve and maintain a return rate of 95 percent or higher in each calendar quarter. The department shall assess performance over rolling 4-quarter periods. A return rate may exceed 100 percent. If an SSP reports a return rate below 95 percent for 2 consecutive quarters, it must submit a corrective action plan within 30 days. The plan shall include strategies to increase return rate, such as enhanced drop box access, peer outreach, incentives, or community partnerships; a timeline with measurable targets; and a statement of resource or technical needs. Upon request, the department shall provide support, including guidance on data gathering and best practices. The department shall adopt rules pursuant to RSA 541-A establishing a schedule of fines for failure to file required reports or implement corrective action plans.
(e) No municipality shall adopt any local ordinance or other rule to prohibit any activity authorized by this paragraph.
III. No person shall be prohibited from using federal funds for eligible activities and syringe service programs as authorized in RSA 318-B:43, so long as the use of the federal funds is consistent with federal law and any rules governing use of the funds.
IV. In this section:
(a) "Drug checking" means the process of identifying, analyzing, or detecting the composition of a drug or the presence or composition of an unexpected substance within the drug.
(b) "Drug checking equipment" means equipment, products, or materials used, designed for use, or intended for use to perform drug checking, including materials and items used by the person operating the equipment or products to store, measure, or process samples for analysis. Drug checking equipment includes fentanyl test strips, other immunoassay drug testing strips, colorimetric reagents, spectrometers such as Fourier Transform Infrared and Raman spectrometers, and equipment that uses high-performance liquid chromatography, gas chromatography, mass spectrometry, and nuclear magnetic resonance techniques. Drug checking equipment does not include the substances being analyzed, drug packaging, or drug supplies.
(c) "Drug supplies" means hypodermic needles, syringes, preparation containers, cotton, filters, alcohol wipes, water, saline, tourniquets, disposal containers, wound care items, pipes, bubbles, snorting straws, pipe covers, and other items used in the consumption of drugs;
(d) "Eligible activities" means:
(1) Purchasing, obtaining, providing, transporting, distributing, using, or evaluating the use of drug checking equipment;
(2) Training, both initial and ongoing, about drug checking equipment, the process of drug checking, and the purpose of drug checking;
(3) Technical assistance concerning drug checking equipment, the process of drug checking, and the purpose of drug checking; and
(4) Providing drug supplies.
Source. 2025, 41:6, eff. June 28, 2025. 2026, 106:1, eff. Aug. 26, 2026.