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Bill would expand 'drug‑exposed child' law beyond meth to all controlled substances; advocates and law enforcement push for screening authority

2289066 · February 12, 2025
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Summary

Sponsors asked lawmakers to expand the state's existing methamphetamine-focused statute to cover exposure of children to any controlled substance, and to allow officers to take children into temporary protective custody for screening and testing in suspected exposure cases.

Lawmakers heard pleas to broaden New Hampshire’s drug‑exposed‑child statute beyond methamphetamine to include fentanyl and other controlled substances after witnesses described recent child overdoses and near‑fatal exposures. Representatives Jody Nelson and Kim Rice, sponsors of House Bill 473, said the existing statute—created during the meth crisis—does not reflect the current prevalence of fentanyl-related harms.

Nelson said law enforcement and child‑welfare officials have encountered infants and toddlers exposed to opioids and other illicit drugs, sometimes with life‑threatening results. "During the past eight years, there have been six child deaths that have been confirmed from accidental drug exposure," she told the committee, and she listed several recent cases in which very young children required naloxone administration by first responders.

Tess Sumner, a high‑school senior who worked on the bill as a senior project, described statewide data on fentanyl deaths and young children’s vulnerability and urged lawmakers to provide officers the authority to secure a child immediately for medical screening and testing when exposure is suspected. Police chiefs and local officers told the committee they need tools to facilitate immediate assessment, medical intervention and cleanup to protect children and remove them from hazardous environments.

Speakers discussed implementation and cross‑agency coordination. Jerry Knirk, chair of the Therapeutic Cannabis Medical Oversight Board, asked sponsors to include an explicit exemption for registered therapeutic‑cannabis patients and caregivers; he said the therapeutic cannabis registry does not use traditional prescriptions and that caregivers or registered patients could be unintentionally affected by broad language. Michael Holt, therapeutic‑cannabis program administrator, offered drafting assistance.

Law enforcement witnesses said the amendment would help ensure coordinated responses among police, DHHS and child‑welfare agencies; the committee did not take a formal vote at the hearing.