CHAPTER 61
HB 1517-FN – FINAL VERSION
07Mar2006… 1038h
2006 SESSION
10/03
HOUSE BILL 1517-FN
AN ACT relative to membership on the board of medicine and the medical review subcommittee.
SPONSORS: Rep. Bergin, Hills 6; Rep. C. Robertson, Rock 13; Rep. Dokmo, Hills 6; Sen. Clegg, Dist 14
COMMITTEE: Executive Departments and Administration
This bill adds public members to the board of medicine and the medical review subcommittee, and allows for a designee in the case of a vacancy in the office of medical director of the department of health and human services.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07Mar2006… 1038h
06-2619
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to membership on the board of medicine and the medical review subcommittee.
Be it Enacted by the Senate and House of Representatives in General Court convened:
61:1 Board of Medicine; Membership. Amend RSA 329:2, I to read as follows:
I. There shall be a board of medicine consisting of [9] 10 members; including 5 members selected from among physicians and surgeons, one member selected to represent physician assistants regulated by the board, the commissioner or the medical director of the department of health and human services, or in the case of a vacancy in the office of medical director, the commissioner shall appoint a designee, and [2] 3 public members. Only board members provided for in this paragraph shall have the authority to vote in board determinations. Any public member of the board shall be a person who is not, and never was, a member of the medical profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of medical services or an activity directly related to medicine, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
61:2 Board of Medicine; Appointment. Amend RSA 329:4 to read as follows:
329:4 Appointment; Term; Removal.
I. The commissioner or the medical director of the department of health and human services shall serve as a voting member of the board, or in the case of a vacancy in the office of medical director, the commissioner shall appoint a designee. The commissioner and the medical director, or designee, are exempt from the provisions of RSA 329:4, II.
II. The remaining [8] 9 members of the board shall be appointed, as their terms expire, by the governor with the advice and consent of the council. Their terms of office shall be 5 years and until their successors are appointed and qualified. No member shall be appointed to more than 2 consecutive terms. Appointments to fill vacancies shall be for the unexpired term. The governor and council may remove any appointed member of the board for malfeasance, misfeasance, or nonfeasance.
61:3 Medical Review Subcommittee; Public Members. Amend RSA 329:17, V-a to read as follows:
V-a. A medical review subcommittee of [7] 9 members shall be nominated by the board of medicine and appointed by the governor and council. The subcommittee shall consist of one member of the board of medicine and [6] 8 other persons, [no more than] 3 of whom shall be public members and 5 of whom shall be physicians[, one of whom shall be a medical director as defined in paragraph III-b of this section]. Any public member of the subcommittee shall be a person who is not, and never was, a member of the medical profession or the spouse of any such person, and who does not have, and never has had, a material financial interest in either the provision of medical services or an activity directly related to medicine, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment. The terms of the public members shall be staggered so that no 2 public members’ terms expire in the same year. The subcommittee members shall be appointed for 3-year terms, and shall serve no more than 2 terms. Upon referral by the board, the subcommittee shall review disciplinary actions reported to the board under paragraphs II-V of this section, except that matters concerning a medical director involved in a current internal or external grievance pursuant to RSA 420-J shall not be reviewed until the grievance process has been completed. Following review of each case, the subcommittee shall make recommendations to the board. Funds shall be appropriated from the general fund for use by the subcommittee to investigate allegations under paragraphs I-V of this section. The board shall employ a physician as a medical review subcommittee administrator who shall serve at the pleasure of the board. The salary of the medical review subcommittee administrator shall be established by the board in accordance with duties, experience, and amount of time required for the position.
61:4 Effective Date. This act shall take effect 60 days after its passage.
Approved: April 24, 2006
Effective: June 23, 2006