New Hampshire HB 1790: relative to involuntary admissions for certain individuals with a substance use disorder.

Bill Text

HB 1790-FN - AS INTRODUCED

2026 SESSION

 26-2999

 09/08

HOUSE BILL 1790-FN

AN ACT relative to involuntary admissions for certain individuals with a substance use disorder.

SPONSORS: Rep. Long, Hills. 26; Rep. Swanson, Hills. 5

COMMITTEE: Health, Human Services and Elderly Affairs

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ANALYSIS

 This bill includes substance use disorder in the definition of mental illness for the purpose of evaluating whether a person may be involuntary admitted.

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Explanation: Matter added to current law appears in bold italics.

 Matter removed from current law appears [in brackets and struckthrough.]

 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2999

 09/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to involuntary admissions for certain individuals with a substance use disorder.

Be it Enacted by the Senate and House of Representatives in General Court convened:

 1 Mental Health Services System. Amend RSA 135-C:2, XV-a to read as follows:

 XV-a. "Substance use disorder" means the chronic or habitual consumption or ingestion of controlled substances or intentional inhalation of toxic vapors by a person to the extent that such use substantially injures the person's health or substantially interferes with the person's social or economic functioning; or the person has lost the power of self-control over the use of such controlled substances or toxic vapors.

 XV-b. "Transitional housing program services" means a residential program that provides housing and support services to persons with serious and persistent mental illness through a contract with the department of health and human services. 

 2 New Paragraph; Involuntary Emergency Admission. Amend RSA 135-C:27 by inserting after paragraph II the following new paragraph:

 III. Notwithstanding RSA 135-C:2, X, as used in this subdivision, "mental illness" means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It includes impairment primarily caused by substance use disorder, as that term is defined in RSA 135-C:2. It does not include impairment primarily caused by: epilepsy; intellectual disability; continuous or noncontinuous periods of intoxication caused by alcohol; or dependence upon or addiction to alcohol. 

 3 Nonemergency Involuntary Admission. Amend RSA 135-C:34 to read as follows:

 135-C:34 Involuntary Treatment Standard. The standard to be used by a court, physician, or psychiatrist in determining whether a person should be admitted to a receiving facility for treatment on an involuntary basis shall be whether the person is in such mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or to others. Notwithstanding RSA 135-C:2, X, as used in this subdivision, "mental illness" means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. It includes impairment primarily caused by substance use disorder, as that term is defined in RSA 135-C:2. It does not include impairment primarily caused by: epilepsy; intellectual disability; continuous or noncontinuous periods of intoxication caused by alcohol; or dependence upon or addiction to alcohol.

 4 Effective Date. This act shall take effect January 1, 2027.

 LBA

 26-2999

 Revised 1/27/26

HB 1790-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to involuntary admissions for certain individuals with a substance use disorder.

FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.

 Estimated State Impact

FY 2026

FY 2027

FY 2028

FY 2029

 Revenue

$0

$0

Indeterminable, but potentially $2 million+

Indeterminable, but potentially $2 million+

 Revenue Fund(s)

Private pay/insurance revenue for mental health treatment

 Expenditures*

$0

Indeterminable, but potentially $40 million+ 

Indeterminable, but potentially $30 million+

Indeterminable, but potentially $30 million+

 Funding Source(s)

General funds, private pay/insurance payments

 Appropriations*

$0

$0

$0

$0

 Funding Source(s)

None

 *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill

METHODOLOGY:

This bill amends RSA 135-C to include substance use disorder (SUD) in the definition of “mental illness” for purposes of involuntary emergency admission a