HB 1670-FN – AS INTRODUCED
2006 SESSION
10/03
HOUSE BILL 1670-FN
AN ACT relative to membership on certain professional regulatory boards.
SPONSORS: Rep. Bergin, Hills 6; Rep. Houde-Quimby, Sull 1
COMMITTEE: Executive Departments and Administration
This bill adds one public member and one professional member to certain boards which currently have one public member.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2620
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to membership on certain professional regulatory boards.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Veterinary Medicine. Amend the introductory paragraph of RSA 332-B:3, I to read as follows:
I. There shall be a board of veterinary medicine consisting of [7] 9 members: [5] 6 veterinarians, the state veterinarian, and [one] 2 public [member] members. The members, other than the state veterinarian, shall be appointed by the governor, with the approval of the council, to a term of 5 years, and until a successor is appointed. No appointed member of the board shall be appointed to 2 consecutive 5-year terms. Vacancies shall be filled for the remainder of the term and in the same manner as the original appointment. Any appointed member of the board may be removed by the governor after a hearing by the board determines cause for removal. The state veterinarian may serve as an ex officio member, provided any duties of the state veterinarian relative to this chapter shall be agreed upon in writing by the board and the commissioner of agriculture, markets, and food and which agreement may include:
2 Barbering, Cosmetology, and Esthetics. Amend RSA 313-A:2 to read as follows:
313-A:2 Board.
I. There shall be a board of barbering, cosmetology, and esthetics consisting of [7] 9 members as follows: one licensed barber, one licensed cosmetologist, one licensed esthetician, one licensed manicurist, one licensed cosmetology school owner who shall be a resident of New Hampshire or a designee of such owner who shall be a licensed cosmetologist and a resident of New Hampshire, one owner of a registered tanning facility, one other member licensed under this chapter from any of the professions regulated by the board, and [one] 2 public [member] members; each to be appointed by the governor with the consent of the council to a term of 5 years. No board member shall be appointed to more than 2 consecutive terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.
II. Professional members of the board shall have been engaged in the practice of their profession within the state for not less than 5 years. In addition, no member shall be the owner or operator of any school or be directly or indirectly associated in the manufacture or wholesale distribution of cosmetic or barber appliances or supplies.
III. Each public member shall be a person who is not, and never was, a member of the barbering, cosmetology, or esthetics 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 barbering, cosmetology, or esthetician services, or an activity directly related to such professions, including the representation of the board of any such professions for a fee at any time during the 5 years preceding appointment.
IV. Members shall annually elect, from among themselves, a chairperson, vice-chairperson, and secretary.
V. The board shall hold at least 6 regular meetings each year. Special meetings may be called at such times as the rules of the board may provide. A quorum of the board shall consist of no fewer than [4] 5 members. All meetings of the board shall be open to the public, except when the board conducts a nonpublic session under RSA 91-A.
VI. The board shall be an administratively attached agency, under RSA 21-G:10, to the department of health and human services.
3 Chiropractic. Amend RSA 316-A:2 to read as follows:
316-A:2 Board.
I. There shall be a board of chiropractic examiners consisting of [5] 7 members; including [4] 5 chiropractors and [one] 2 public [member] members, each to be appointed by the governor, with the approval of the council, to a term of 5 years[; except that 2 members of the initial board shall be appointed to a 2-year term; 2 members of the initial board shall be appointed to a 4-year term; and one member of the initial board shall be appointed to a 5-year term]. No member of the board shall be appointed to more than 2 consecutive terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.
II. Board members who are chiropractors shall be graduates of some resident school or college of chiropractic and shall have resided and practiced in this state for at least one year.
III. [The] Each public member of the board shall be a person who is not, and never was, a member of the chiropractic 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 chiropractic services or an activity directly related to chiropractic, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
IV. The board of chiropractic examiners shall be an administratively attached agency, under RSA 21-G:10, to the department of health and human services.
4 Dental Examiners. Amend RSA 317-A:2, I and II to read as follows:
I. There shall be a board of dental examiners consisting of [9] 11 members; including [6] 7 dentists, 2 dental hygienists, and [one] 2 public [member] members, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member of the board shall be appointed to more than 2 consecutive terms. Only board members provided for in this paragraph shall have the authority to vote in board determinations.
II. [The] Each public member of the board shall be a person who is not, and never was, a member of the dental 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 dental services or an activity directly related to dentistry, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
5 Dentists; Quorum. Amend RSA 317-A:4, II to read as follows:
II. The board shall choose one of its members as its president and one of its members as vice-president. [Five] Six members shall constitute a quorum. The board shall meet once a year and at such other times and places as it may deem proper. A true record of all their official acts shall be made and preserved by the board's executive secretary. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary proceedings, which are subject to RSA 317-A:18.
6 Funeral Directors. Amend RSA 325:2, I to read as follows:
I. There shall be a board of registration of funeral directors and embalmers consisting of [5] 7 members, including [4] 5 funeral directors or embalmers and [one] 2 public [member] members, appointed by the governor, with the approval of the council, to serve terms of 5 years. No member of the board shall be appointed to more than 2 consecutive terms. The commissioner of the department of health and human services, or [his] designee, shall serve as a non-voting secretary of the board.
7 Funeral Directors; Quorum. Amend RSA 325:8 to read as follows:
325:8 Organization; Quorum. Within 30 days after appointment and qualification of a member, the board shall meet and elect from among its members a chairperson and such other officers as the board may provide for by rule. This organization shall continue until the appointment of a new member or upon the resignation of an existing board officer. The office of secretary and treasurer may be held by one member. [Three] Four members shall constitute a quorum for the transaction of business.
8 Optometry. Amend RSA 327:2, I-III to read as follows:
I. There shall be a board of registration in optometry consisting of [5] 7 members; including [4] 5 optometrists and [one] 2 public [member] members, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member shall be appointed to more than 2 consecutive terms.
II. Optometrist members of the board shall be of good professional character and shall reside and be practicing within the state.
III. [The] Each public member of the board shall be a person who is not, and never was, a member of the optometric 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 optometric services or an activity directly related to optometry, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
9 Pharmacy. Amend RSA 318:2 to read as follows:
318:2 Board. There shall be a pharmacy board consisting of [6] 8 members[;], including [5] 6 practicing pharmacists and [one] 2 public [member] members, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member shall be appointed to more than 2 consecutive terms. Only board members provided for in this section shall have the authority to vote in board determinations.
10 Pharmacy; Eligibility. Amend RSA 318:3 to read as follows:
318:3 Eligibility.
I. Pharmacist members of the board shall have been licensed pharmacists for at least 10 years, and at the time of their appointment shall have practiced pharmacy in this state for at least 5 years.
II. [The] Each public member of the board shall be a person who is not, and never was, a member of the pharmaceutical 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 pharmaceutical services or an activity directly related to pharmacy, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
11 Effective Date. This act shall take effect 60 days after its passage.
LBAO
06-2620
Revised 2/7/06
HB 1670 FISCAL NOTE
AN ACT relative to membership on certain professional regulatory boards.
FISCAL IMPACT:
The Departments of Health and Human Services and Agriculture state this bill will increase state revenue and expenditures by an indeterminable amount in FY 2006 and each year thereafter. This bill will have no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Departments of Health and Human Services and Agriculture state this bill will increase the number of board members to the following Boards: Veterinary Medicine, Barbering, Cosmetology, and Esthetics, Chiropractic Examiners, Dental Examiners, Funeral Directors and Embalmers, Optometry, and Pharmacy. The fiscal impact would result from the amount each Board pays board member per diem, and the amount of mileage reimbursement at $0.445 per mile. The Departments are unable to estimate the impact on mileage since it is dependent on where each board member resides. The additional per diem costs are as follows, assuming 12 meetings annually and two additional members per Board:
Board Per Diem Additional Cost
Veterinary Medicine $75 $1,800
Barbering, Cosmetology, & Esthetics $45 $1,080
Chiropractic Examiners $20 $ 480
Dental Examiners $50 $1,200
Funeral Directors & Embalmers $50 $1,200
Optometry $50 $1,200
Pharmacy $50 $1,200
Boards required to generate revenue equal to 125% of direct operating costs may be required to increase fees to offset additional costs. The exact fiscal impact cannot be determined at this time.