New Hampshire Revised Statutes 318-B:2-b – Counterfeit Drugs; Affirmative Defense
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It is an affirmative defense to prosecution under N.H. Rev. Stat. § 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.
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
Terms Used In New Hampshire Revised Statutes 318-B:2-b
- Advanced emergency medical care provider: means a person licensed to provide advanced emergency medical care under RSA 151-B. See New Hampshire Revised Statutes 318-B:1
- Advanced practice registered nurse: means a person licensed to practice as an advanced practice registered nurse in this state pursuant to N. See New Hampshire Revised Statutes 318-B:1
- Nurse: means a person licensed to perform nursing as defined in RSA 326-B. See New Hampshire Revised Statutes 318-B:1
- Person: means any corporation, association or partnership, or one or more individuals. See New Hampshire Revised Statutes 318-B:1
- Pharmacist: means a person authorized by law to practice pharmacy pursuant to RSA 318. See New Hampshire Revised Statutes 318-B:1
- Physician: means a person authorized by law to practice medicine in this state pursuant to RSA 329. See New Hampshire Revised Statutes 318-B:1
- Prescription: means an oral, written, or facsimile or electronically transmitted order for any controlled drug or preparation issued by a licensed practitioner to be compounded and dispensed by a pharmacist and delivered to a patient for a medicinal or therapeutic purpose arising from a practitioner-patient relationship. See New Hampshire Revised Statutes 318-B:1
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.