Evidence status: CURRENT AUTHORITY AND CHANGE-PATH RECORD. New Hampshire’s written-treatment-agreement requirement is rooted directly in RSA 318-B:41, so eliminating the statewide mandate requires statutory amendment by the General Court. Professional boards control implementing rule details but cannot repeal the statutory floor through rulemaking alone.
Statutory authority
RSA 318-B:41(c)(1) directs professional boards to require written treatment agreements for chronic-pain opioid treatment. The statute also requires agreements to include conduct that triggers discontinuation or tapering.
Legislative change path
Because the mandate is in statute, the clean repeal or amendment path runs through the New Hampshire General Court. Health-related bills are ordinarily reviewed by the standing health committees.
Current legislative gatekeepers
| Body | Current chair |
|---|---|
| Senate Health and Human Services Committee | Sen. David Rochefort |
| House Health, Human Services and Elderly Affairs Committee | Rep. Wayne MacDonald |
Separate administrative rule-petition route
RSA 541-A:4 allows any interested person to petition an agency to adopt, amend, or repeal a rule. The agency must determine whether to grant or deny the petition within 30 days of receipt, or within 30 days after the next scheduled meeting when the receiving body is a board, commission, or group. A denial must be in writing with reasons.
If the petition is granted, current law directs the agency to begin the rulemaking process by requesting a fiscal-impact statement within 120 days and proceeding through the public rulemaking process.
Professional Licensing board petition procedure
Plc 208 governs petitions to boards operating through the Office of Professional Licensure and Certification. A rule petition may be filed with the appropriate board when the rule title is assigned to a policy-autonomous board.
Important limit
A board rule petition can change implementation language only within the authority allowed by RSA 318-B:41. It cannot lawfully eliminate the statutory requirement that the General Court itself imposed.
Current rulemaking process
New Hampshire’s Administrative Procedure Act requires notice, proposed rule text, a public hearing and written comments, final proposal review, Joint Legislative Committee on Administrative Rules oversight, and final adoption and filing.
Primary sources
- RSA 318-B:41
- RSA 541-A:4 — Petition for Adoption of Rules
- Plc 208 — Rulemaking Petitions
- Senate Health and Human Services Committee
- House Health, Human Services and Elderly Affairs Committee
Reviewed: October 4, 2026.
Evidence boundary: This page separates statutory repeal authority from administrative rulemaking authority. Professional boards cannot override RSA 318-B:41 through rulemaking.