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.