TITLE XII
PUBLIC SAFETY AND WELFARE

Chapter 172-B
ALCOHOLISM AND ALCOHOL ABUSE

Section 172-B:1

    172-B:1 Definitions. –
In this chapter:
I. "Alcohol abuser" means anyone who drinks to an extent or with a frequency which impairs or endangers his health, or his social and economic functioning, or the health and welfare of others. The class of alcohol abusers includes the smaller class of alcoholics.
II. "Alcoholic" means a person suffering from the condition of alcoholism.
III. "Alcoholism" means addiction to alcoholic beverages. It is characterized by:
(a) Chronic absence of control by the drinker over the frequency or the volume of his alcohol intake; and
(b) Inability of the drinker to consistently moderate his drinking practices in spite of the onset of a variety of consequences deleterious to his health or his socio-economic functions.
IV. "Approved alcohol treatment program" means an alcohol treatment program which is approved by the commissioner as qualified to provide treatment for alcoholism and alcohol abuse.
V. "Client" means a person who is provided services by programs funded by the department of health and human services.
V-a. "Commissioner" means the commissioner of the department of health and human services.
V-b. "Department" means the department of health and human services.
VI. "Designated alcohol counselor" means a person approved by the commissioner to evaluate and treat alcoholics and alcohol abusers, pursuant to the provisions of this chapter.
VII. "Detoxification" means the planned withdrawal of an individual from a state of acute or chronic alcohol intoxication, under qualified supervision and with or without the use of medication. Detoxification is monitoring and management of the physical and psychological effects of withdrawal, for the purpose of assuring safe and rapid return of the individual to normal bodily and mental functioning.
VIII. "Director" means the director of the office of alcohol and drug abuse prevention.
IX. "Incapacitated" means that a person as a result of his use of alcohol is in a state of intoxication, or mental confusion resulting from withdrawal, such that:
(a) He appears to need medical care or supervision by approved alcohol treatment personnel, as defined in this section, to assure his safety; or
(b) He appears to present a direct active or passive threat to the safety of others.
X. "Intoxicated" means a condition in which the mental or physical functioning of an individual is substantially impaired as a result of the presence of alcohol in his system.
XI. "Licensed hospital" means a hospital licensed under RSA 151.
XII. "Peace officer" shall have the same meaning as set out in RSA 594:1, III.
XIII. "Protective custody" means a civil status in which an incapacitated person is detained by a peace officer for the purposes of:
(a) Assuring the safety of the individual or the public or both; and
(b) Assisting the individual to return to a functional condition.
XIV. "Treatment" means the broad range of medical, detoxification, residential, outpatient, aftercare and follow-up services which are needed by alcoholics and alcohol abusers, and may include a variety of other medical, social, vocational and educational services relevant to the rehabilitation of these persons.

Source. 1979, 378:2. 1995, 310:147, 177, 183, eff. Nov. 1, 1995.

Section 172-B:2

    172-B:2 Provision of Services; Acceptance Into Treatment. –
I. The commissioner shall have the authority and accountability for providing or arranging for the provision of a comprehensive system of alcoholism prevention and treatment services.
II. All state funds appropriated specifically for the prevention and treatment of alcoholism, and any federal or private funds which are received by the state for these purposes shall be in the budget of, and be administered by, the department of health and human services.
III. The commissioner shall have the authority to adopt rules, pursuant to RSA 541-A, relative to admission to alcohol treatment programs. In establishing such rules, the commissioner shall adhere to the following guidelines:
(a) A client shall be initially assigned or transferred to outpatient treatment, unless he is found to require medical treatment, detoxification or residential treatment;
(b) A person shall not be denied treatment solely because he has withdrawn from treatment against medical advice on a prior occasion or because he has relapsed after earlier treatment;
(c) An individualized treatment plan shall be prepared and maintained on a current basis for each client; and
(d) Provision shall be made for a continuum of coordinated treatment services, so that a person who leaves a program or a form of treatment shall have available and utilize other appropriate treatment.
IV. The commissioner shall establish, by rules adopted under RSA 541-A, a uniform, sliding-fee scale, based on the client's income, for voluntary services provided by approved alcohol treatment programs.
V. (a) The commissioner shall adopt rules, pursuant to RSA 541-A, relative to establishing and providing for the administration of a voluntary registration program for operators of certified recovery housing seeking registration in the state of New Hampshire. The rules developed for the administration of the registration program shall include:
(1) A process for receiving complaints against certified recovery housing operators.
(2) Certification based on national standards including, but not limited to, documents to show the recovery house meets minimum safety and recovery standards including, but not limited to health, building, zoning, and fire inspection approvals, proof of insurance, resident agreement, emergency procedures, and policies and procedures addressing grievances, non-discrimination, code of ethics, and safe storage of medication.
(3) Criteria by which the department may exclude a residence from the list if the frequency or severity of complaints received supports a determination that the recovery housing at issue does not maintain standards or provide an environment that appropriately supports recovery.
VI. The department shall prepare, publish, and disseminate a list of recovery housing pursuant to paragraph V. A state agency or vendor with a state or federally funded contract that is providing treatment or recovery support services to a person shall not refer the person to recovery housing unless the recovery housing is certified pursuant to paragraph V.
VII. (a) The commissioner or designee shall designate an entity to serve as the certifying body for a voluntary certification program for recovery residences based upon standards determined by the National Alliance for Recovery Residences (NARR) or a similar entity. The certifying body shall establish and implement a certification program for recovery residences that maintain nationally-recognized standards that:
(1) Uphold industry best practices and support a safe, healthy, and effective recovery environment;
(2) Evaluate the residence's ability to assist persons in achieving long-term recovery goals;
(3) Protect residents of recovery residences against unreasonable and unfair practices in setting and collecting fee payments; and
(4) Verify good standing with regard to local, state, and federal laws and any regulations and ordinances including, but not limited to, building, maximum occupancy, fire safety and sanitation codes.
(b) The certifying body shall investigate complaints received by the department regarding non-compliance with NARR standards. The certifying body shall provide an annual report to the department, and shall report quarterly on any newly certified houses or houses that are out of compliance. The certifying body shall inform the department within 5 business days if a recovery house's certification is suspended or revoked.
(c) The department shall identify certified recovery houses in good-standing on the registry created pursuant to paragraph V.
(d) The department shall adopt rules, pursuant to RSA 541-A, relative to the process for certification and the requirements of this paragraph.

Source. 1979, 378:2. 1995, 310:177, 183. 2013, 144:107, eff. July 1, 2013. 2018, 307:2, eff. June 30, 2019. 2020, 37:148-150, eff. July 29, 2020.

Section 172-B:2-a to 172-B:2-c

    172-B:2-a to 172-B:2-c Repealed by 2006, 260:37, I, eff. Jan. 1, 2007. –

Section 172-B:3

    172-B:3 Treatment and Services. –
I. When a peace officer encounters a person who, in the judgment of the officer, is intoxicated as defined in RSA 172-B:1, X, the officer may take such person into protective custody and shall take whichever of the following actions is, in the judgment of the officer, the most appropriate to ensure the safety and welfare of the public, the individual, or both:
(a) Assist the person, if he consents, to his home, an approved alcohol treatment program, or some other appropriate location; or
(b) Release the person to some other person assuming responsibility for the intoxicated person; or
(c) Lodge the person in a local jail or county correctional facility for said person's protection, for up to 24 hours or until the keeper of said jail or facility judges the person to be no longer intoxicated.
II. When a peace officer encounters a person who, in the judgment of the officer, is incapacitated as defined in RSA 172-B:1, IX, the officer may take such person into protective custody and shall take whichever of the following actions is, in the judgment of the officer, the most appropriate to ensure the safety and welfare of the public, the individual, or both:
(a) Transport the person to an approved alcohol treatment program with detoxification capabilities or to the emergency room of a licensed general hospital for treatment, except that if a designated alcohol counselor exists in the vicinity and is available, the person may be released to the counselor at any location mutually agreeable between the officer and the counselor. The period of protective custody shall end when the person is released to a designated alcohol counselor, a clinical staff person of an approved alcohol treatment program with detoxification capabilities, or a professional medical staff person at a licensed general hospital emergency room. The person may be released to his own devices if at any time the officer judges him to be no longer incapacitated. Protective custody shall in no event exceed 24 hours.
(b) Lodge the person in protective custody in a local jail or county correctional facility for up to 24 hours, or until judged by the keeper of the facility to be no longer incapacitated, or until a designated alcohol counselor has arranged transportation for the person to an approved alcohol treatment program with detoxification capabilities or to the emergency room of a licensed general hospital.
III. No person shall be lodged in a local jail or county correctional facility under paragraph II unless the person in charge of the facility, immediately upon lodging said person in protective custody, contacts a designated alcohol counselor, a clinical staff person of an approved alcohol treatment program with detoxification capabilities or a professional medical staff person at a licensed general hospital emergency room to determine whether said person is indeed incapacitated. If, and only if none of the foregoing are available, such a medical or clinical determination shall be made by a registered nurse or registered emergency medical technician on the staff of the detention facility.
IV. No local jail or county correctional facility shall refuse to admit an intoxicated or incapacitated person in protective custody whose admission is requested by a peace officer, in compliance with the conditions of this section.
V. Notwithstanding any other provisions of law, whenever a person under 18 years of age who is judged by a peace officer to be intoxicated or incapacitated and who has not been charged with a crime is taken into protective custody, if no needed treatment is available, his parent or guardian shall be immediately notified and such person may be held at a police station or a local jail or a county correctional facility in a room or ward separate from any adult or any person charged with juvenile delinquency until the arrival of his parent or guardian. If such person has no parent or guardian in the area, arrangements shall be made to house him according to the provisions of RSA 169-D:17.
VI. If an incapacitated person in protective custody is lodged in a local jail or county correctional facility his family or next of kin shall be notified as promptly as possible. If the person requests that there be no notification, his request shall be respected.
VII. A taking into protective custody under this section is not an arrest, however nothing in this section shall be construed so as to prevent an officer or jailer from obtaining proper identification from a person taken into protective custody or from conducting a search of such person to reduce the likelihood of injury to the officer or jailer, the person taken into protective custody, or others. No unnecessary or unreasonable force or means of restraint may be used in detaining any person taken into protective custody.
VIII. Peace officers or persons responsible for supervision in a local jail or designated alcohol counselors who act under the authority of this section are acting in the course of their official duty and are not criminally or civilly liable therefor, unless for gross negligence or willful or wanton injury.

Source. 1979, 378:2. 1988, 89:20. 1989, 285:10, eff. July 28, 1989.

Section 172-B:4

    172-B:4 Laws Relating to Intoxication. –
I. No political subdivision of the state may adopt or enforce an ordinance or bylaw having the force of law that includes being found in an intoxicated condition as one of the elements of the offense giving rise to a criminal or civil penalty. No political subdivision may interpret or apply any law of general application to circumvent this provision.
II. Nothing in this section affects any law or rule against operating a motor vehicle or other machinery under the influence of alcohol or possession or use of alcoholic beverages at stated times and places or by a particular class of persons.
III. This section does not make intoxication or incapacitation as defined in RSA 172-B:1 an excuse or defense for any criminal act. Nothing contained herein shall change current law relative to insanity as a defense for any criminal act.
IV. This section does not relieve any person from civil liability for any injury to persons or property caused by that person while intoxicated or incapacitated.

Source. 1979, 378:2, eff. Aug. 22, 1979.

Section 172-B:5

    172-B:5 Acceptance of Grants. – The director is authorized to accept in the name of the state special grants or money or services from the federal or state governments or any of their agencies and may accept gifts to carry out the purposes of this chapter. Notwithstanding any other provision of law, during the period in which the office of alcohol and drug abuse prevention is located administratively in the office of the governor, no new personnel positions in the office of alcohol and drug abuse prevention may be created by the acceptance of federal monies or monies from any other source unless such positions are approved by the fiscal committee of the general court; provided, however, that the governor and council may accept all monies available for any emergency or disaster as defined by the authority awarding such monies to the office of alcohol and drug abuse prevention. Nothing herein shall be construed to affect the provisions of RSA 98:17-a or RSA 124. All monies which fund personnel positions subject to these restrictions shall be used only for the purposes or programs specified in the application for approval of the positions or as otherwise approved by law.

Source. 1979, 378:2, eff. Aug. 22, 1979.