TITLE I
THE STATE AND ITS GOVERNMENT
Chapter 12-J
GOVERNOR'S COMMISSION ON ALCOHOL AND DRUG ABUSE PREVENTION, TREATMENT, AND RECOVERY
Section 12-J:1
12-J:1 Commission Established; Membership; Terms. –
There is hereby established a commission which shall serve in an advisory capacity to the governor and the general court regarding the delivery of effective and coordinated alcohol and drug abuse prevention, treatment, and recovery services throughout the state. The commission shall consist of the following members:
[Paragraph I effective until the date provided by 2016, 330:8; see also paragraph I set out below.]
I. Seven public members, appointed by the governor and council, 2 of whom shall be professionals knowledgeable about alcohol and drug abuse prevention; 2 of whom shall be professionals knowledgeable about alcohol and drug abuse treatment; 2 of whom shall be public members who are not professionals within the alcohol and drug addiction prevention and treatment system; and a member in long-term recovery. The members appointed pursuant to this paragraph shall serve 3-year terms; provided that initially 2 members shall serve for one year, 2 members shall serve for 2 years, and 2 members shall serve for 3 years.
[Paragraph I effective as provided by 2016, 330:9; see also paragraph I set out above.]
I. Seven public members, 2 of whom shall be professionals knowledgeable about alcohol and drug abuse prevention, one of whom shall be appointed by the governor and one of whom shall be appointed by the senate president; 2 of whom shall be professionals knowledgeable about alcohol and drug abuse treatment, one of whom shall be appointed by the governor and one of whom shall be appointed by the speaker of the house of representatives; 2 of whom shall be public members who are not professionals within the alcohol and drug addiction prevention and treatment system, one of whom shall be appointed by the senate president and one of whom shall be appointed by the speaker of the house of representatives; and one member in long-term recovery, appointed by the governor.
II. Two members of the house of representatives, appointed by the speaker of the house of representatives, and 2 members of the senate, appointed by the president of the senate. The term of the legislative members of the commission shall be for the biennium and shall be coterminous with membership in the general court. Legislative members shall receive mileage at the legislative rate when attending to the duties of the commission.
III. (a)(1) The attorney general, or designee.
(2) The adjutant general, or designee.
(3) The administrative judge of the circuit court, or designee.
(4) The chairperson of the liquor commission, or designee.
(5) The commissioner of the department of health and human services, or designee.
(6) The director of juvenile justice services, department of health and human services, or designee.
(7) The commissioner of the department of education, or designee.
(8) The commissioner of the department of corrections, or designee.
(9) The commissioner of the department of safety, or designee.
(10) The director of the office of alcohol and drug policy, department of health and human services, or designee.
(11) The commissioner of the department of insurance, or designee.
(b) The members under this paragraph shall serve terms coterminous with their terms in office.
IV. (a)(1) A representative of the Business and Industry Association of New Hampshire, appointed by the association.
(2) A representative of the New Hampshire Medical Society, appointed by the society.
(3) The chancellor of the community college system of New Hampshire, or designee.
(4) The chairman of the New Hampshire Suicide Prevention Council.
(5) A representative of the New Hampshire Nurses' Association, appointed by the association.
(6) A representative of the New Hampshire Charitable Foundation, appointed by the foundation.
(7) A representative of the New Hampshire Hospital Association, appointed by the association.
(b) A representative of the state's faith-based community, who shall be a nonvoting member, appointed by the governor.
(c) The members under this paragraph shall serve 3-year terms.
Source. 2000, 204:2. 2001, 286:2. 2005, 77:3, eff. July 1, 2005 at 12:01 a.m. 2013, 84:1, 2, eff. Aug. 18, 2013. 2014, 18:2, eff. July 22, 2014. 2016, 330:1, eff. June 24, 2016; 330:2, eff. as provided by 2016, 330:9. 2019, 346:88, eff. July 1, 2019.
Section 12-J:2
12-J:2 Organization of Commission; Task Forces; Staffing. –
I. The commission shall elect one of its members to serve as chairperson. The executive director of the commission shall be the director of the appropriate division responsible for alcohol and drug abuse prevention and recovery, who shall serve without additional compensation. Twelve members of the commission shall constitute a quorum.
II. (a) To assist the commission in the performance of its duties, the chairperson shall create task forces. The chairperson shall initially create task forces to address the following issues:
(1) Prevention.
(2) Treatment.
(3) Recovery.
(4) Program monitoring and evaluation.
(b) To assist the commission in the performance of its duties, the chairperson may create additional task forces.
(c) The commission chairperson shall appoint at least one commission member to serve on each task force as chairperson.
(d) Based upon recommendations from each task force, the commission chairperson may appoint non-commission members to serve as adjunct members of each task force for a term of one year. In appointing adjunct members, the chairperson shall ensure that youth have the opportunity to participate directly in the work of appropriate task forces.
(e) Each task force shall:
(1) Develop a mission statement, including its goals and objectives.
(2) Report to the commission on a regular basis concerning available programs, funding, and unmet needs.
(3) Identify program areas where improved coordination is needed.
II-a. The chairperson shall create a budget task force comprised of the individuals listed in RSA 12-J:1, III(a) to report biannually on financial expenditures for substance abuse related work throughout state government as detailed in RSA 12-J:4, III and recommend budget policy priorities to the commission regarding the allocation of funding alcohol and drug prevention, treatment, and recovery services across state agencies and throughout the state.
III. All executive branch departments shall provide administrative support to the commission. The executive director of the commission shall direct and coordinate the administrative support to the commission.
IV. All executive branch departments shall respond promptly to written requests from the commission for information concerning the alcohol and drug abuse prevention, treatment, and recovery programs and services provided by them and the costs and funding sources for such programs and services.
Source. 2000, 204:2. 2008, 312:2. 2010, 359:1, eff. Sept. 18, 2010. 2014, 18:2, eff. July 22, 2014. 2016, 330:3, 4, eff. June 24, 2016.
Section 12-J:3
12-J:3 Duties. –
The duties of the commission shall be to:
I. Develop and revise, as necessary, a statewide plan for the effective prevention of alcohol and drug abuse, particularly among youth, and a comprehensive system of treatment and recovery services for individuals and families affected by alcohol and drug abuse. The statewide plan shall:
(a) Identify the causes, the nature and scope, and the impact of alcohol and drug abuse in New Hampshire.
(b) Identify and prioritize unmet needs for prevention, treatment, and recovery services.
(c) Recommend initiatives and policy considerations to the general court to reduce the incidence of alcohol and drug abuse in New Hampshire.
(d) Identify and quantify public and private resources available to support alcohol and drug abuse prevention, treatment, and recovery.
(e) Specify additional resources necessary to address unmet needs for prevention, treatment, and recovery.
(f) Specify evaluation and monitoring methodology.
II. Advise the governor and general court on and promote the development of effective community-based alcohol and drug abuse prevention strategies.
III. Advise the governor and the general court on and promote the development of treatment services to meet the needs of citizens addicted to alcohol or other drugs.
III-a. Advise the governor and the general court on and promote the development of recovery services to meet the needs of citizens in recovery from alcohol and other drug misuse.
IV. Identify unmet needs and the resources required to reduce the incidence of alcohol and drug abuse in New Hampshire and to make recommendations to the governor and general court regarding legislation and funding to address such needs.
V. Authorize the disbursement of moneys from the alcohol abuse prevention and treatment fund, pursuant to RSA 176-A:1, III.
VI. Make presentations at least once each legislative session to the house and senate finance committees, the senate health and human services committee, the house health, human services and elderly affairs committee, and the fiscal committee of the general court.
VII. Develop a handout which shall describe the risks of opioid use and how to mitigate them for the purposes of RSA 318-B:16-a.
Source. 2000, 204:2; 328:4. 2010, Sp. Sess., 1:88, eff. June 10, 2010. 2014, 18:2, eff. July 22, 2014. 2016, 330:5, eff. June 24, 2016. 2019, 210:2, eff. Jan. 1, 2020.
Section 12-J:4
12-J:4 Meetings and Reports. –
I. The commission shall meet at least 4 times each year and may convene public hearings as necessary to promote the goals of the commission.
II. The commission shall submit an annual report to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, the chairperson of the senate health and human services committee, and the chairperson of the fiscal committee of the general court by October 1 of each year regarding the activities of the commission. The annual report shall:
(a) Identify alcohol and drug abuse prevention, treatment, and recovery services and programs provided by state departments and agencies or funded in whole or in part by state or federal funds;
(b) Indicate the progress made during the prior year toward the implementation of the statewide plan developed by the commission pursuant to RSA 12-J:3, I;
(c) Recommend any revisions to the statewide plan developed pursuant to RSA 12-J:3, I;
(d) Identify and prioritize unmet needs for prevention, treatment, and recovery;
(e) Indicate the progress, or lack thereof, in addressing the unmet needs;
(f) Recommend initiatives and/or policy considerations to the governor and the general court to address the unmet needs;
(g) Specify the resources and any legislation necessary to support existing programs for prevention, treatment, and recovery and to develop, implement, support, and evaluate the initiatives recommended by the commission;
(h) In even-numbered years the report may include specific recommendations for funds to be included in the next state biennial budget to support alcohol and drug abuse prevention, treatment, and recovery services and programs; and
(i) Incorporate the findings and recommendations of the report required under paragraph II-a and make specific findings and recommendations regarding public awareness, education, and legislation to address the dangers of synthetic drugs.
II-a. The commission shall prepare a report, including recommendations for policies to be implemented for coordinating public awareness of and education in the dangers of synthetic drugs and other emerging or designer synthetic drug substances. The report shall include substantive input from the commission's member agencies, including the department of health and human services, bureau of drug and alcohol services, the attorney general, the department of safety, and the department of education. The commission shall submit its initial report, including recommendations, to the senate president, the speaker of the house of representatives, and the governor no later than 3 months after the effective date of this paragraph. The commission shall submit subsequent reports, including recommendations, to the senate president, the speaker of the house of representatives, and the governor annually thereafter.
III. (a) To assist the commission in the timely completion of its annual report, each commission member representing an executive branch department or entity shall provide the information specified in paragraph II for its department or entity to the commission on or before August 1 of each year.
(b) The commission shall submit a mid-year report to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, chairperson of the senate health and human services committee, and chairperson of the fiscal committee of the general court by March 1 of each year regarding the current state of drug abuse, prevention, treatment, and recovery. The commission shall include a dashboard of the following, both in the interim and the annual report as required in RSA 12-J:4, II, that includes but is not limited to:
(1) The number of known drug overdoses, broken out by drug involved.
(2) The number of deaths attributable to overdoses, as reported by the chief medical examiner, broken out by drug involved.
(3) The number of people known to be in treatment or recovery programs supported by commission funding.
(4) The accessibility and availability of treatment programs, including waitlists.
(5) The number of individuals in drug court programs, as reported by the judicial branch.
(6) The number of individuals in diversion programs, as reported by the judicial branch.
(7) The number of convictions for drug related offenses, as reported by the judicial branch.
(8) The number of persons incarcerated for drug related offenses as reported by the department of corrections.
(9) Funds expended and balances remaining, programs and strategies created or sustained by the funds, and an estimate of the number of individuals served by these funds.
(10) Barriers to data access and availability, with proposed strategies to develop or enhance data capacity.
(11) Performance outcomes pursuant to National Outcomes Measurement Standards (NOMS) as required with federal funding sources.
(12) Any other information requested by the governor or general court.
(c) All data required in subparagraph (b) shall be presented in the aggregate to protect the privacy of the individual. The commission shall delete any data required in those paragraphs that enables the personal identification of an individual.
IV. In the reports submitted by the commission to the governor, speaker of the house of representatives, president of the senate, chairpersons of the house and senate finance committees, chairperson of the house health, human services and elderly affairs committee, chairperson of the senate health and human services committee, and chairperson of the fiscal committee of the general court, the report shall include outcome data and/or research citations about the efficacy of funded programs based upon evidence of program results.
Source. 2000, 204:2. 2008, 312:3, eff. July 2, 2008. 2014, 18:2, eff. July 22, 2014. 2015, 204:1, 2, eff. July 6, 2015. 2016, 330:6, 7, eff. June 24, 2016.
Section 12-J:5
12-J:5 Report on Cost-Effectiveness and Outcomes of Programs Required. –
I. Commencing January 1, 2020 and annually thereafter, the commission shall issue a report reflecting currently funded programs and including findings relative to the cost-effectiveness, outcomes, and evidence of effectiveness of programs funded in whole or in part by the commission. Programs selected for inclusion shall be chosen by majority vote of the commission, provided that the following criteria are met:
(a) Each report shall contain an evaluation of 4 programs selected from one of the following categories; provided that in year one all 4 categories shall be from treatment programs, and in year 2 all 4 categories shall be from prevention programs and this procedure shall continue thereafter on such a rotating basis:
(1) Treatment programs.
(2) Prevention programs.
(b) The programs selected shall be chosen from among the 10 highest dollar value programs in that category.
(c) No law enforcement programs shall be selected.
II. The report required under paragraph I shall utilize a cost-effectiveness analysis in such a format to permit comparisons between the selected programs within a given category. The report shall be submitted to the speaker of the house of representatives, the president of the senate, the members of the house and senate committee having jurisdiction over health and human services issues, the members of the house and senate finance committees, and the fiscal committee of the general court. For the purposes of this paragraph:
(a) "Program" means a set of systematic activities that engage participants in order to achieve desired outcomes.
(b) "Outcome" means the program effects in the participant population and shall exclude outputs.
(c) "Evidence of effectiveness" means documented results of evaluation assessing the effect of the program on the intended outcome for program participants, or program beneficiaries in the case of prevention programs. This may include results of program evaluation conducted in the jurisdiction or an evidence rating developed by matching the program to available research using a nationally recognized clearinghouse of program evaluations, such as those included in the Pew-MacArthur Results First Clearinghouse Database.
(d) "Cost-effectiveness analysis" means an economic evaluation in which the costs and consequences of alternative interventions are expressed as cost per unit of outcome.
Source. 2018, 302:2, eff. June 25, 2018.