HB 170 – AS INTRODUCED
2007 SESSION
10/09
HOUSE BILL 170
AN ACT relative to professional membership on certain occupational regulatory boards.
SPONSORS: Rep. T. Robertson, Ches 3
COMMITTEE: Executive Departments and Administration
This bill changes the membership on occupational licensing and regulatory boards so that at least one-half of the membership are not persons regulated by the respective boards.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0020
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to professional membership on certain occupational regulatory boards.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Hearing Care Providers. Amend RSA 137-F:3, II to read as follows:
II. The board shall consist of 2 audiologists licensed to practice audiology in the state, who have been practicing in this state for at least one year immediately preceding appointment, except that the first audiologist members appointed to the board shall meet the eligibility requirements for licensure specified in this chapter; one licensed otolaryngologist currently practicing in the state; 2 non-audiologist hearing aid dealers registered to dispense hearing aids in the state, who have been practicing in this state for at least one year immediately preceding appointment, except that the first hearing aid members appointed to the board shall meet the eligibility requirements for registration specified in this chapter; and [2] 4 members of the public who are not associated with or financially interested in the practice or business of audiology or the dispensing of hearing aids, who are not members of allied or related professions or occupations.
2 Board of Accountancy. Amend RSA 309-B:4, I(a) to read as follows:
I.(a) There is hereby created the New Hampshire board of accountancy, which shall have responsibility for the administration and enforcement of this chapter. The board shall consist of 7 members, all of whom shall be residents of this state appointed by the governor with the approval of council. [Four] Two members shall be holders of certificates under RSA 309-B:5 or corresponding provisions of prior law; one member shall be a public accountant who is a holder of a currently valid registration, and [2] 4 members shall be public members, who are not, and never were, members of the accounting profession, or the spouses of such persons, but who have, or have had, professional or practical experience in the use of accounting services and financial statements so as to be qualified to make judgments about the qualifications and conduct of persons and firms subject to regulation under this chapter. The one position to be occupied by a public accountant shall instead be occupied by a public member after the number of public accountants holding currently valid public accountant registrations drops below 25.
3 Board of Engineers. Amend RSA 310-A:3, I to read as follows:
I. A board of professional engineers is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, [4] 2 of whom shall be professional engineers, and [one] 3 public [member] members. [The] Each public member of the board shall be a person who is not, and never was, a member of the engineering 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 engineering services or an activity directly related to engineering, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
4 Board of Architects. Amend RSA 310-A:29, I to read as follows:
I. A board of architects is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, [4] 2 of whom shall be architects, and [one] 3 public [member] members. [The] Each public member of the board shall be a person who is not, and never was, a member of the architectural 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 architectural services or an activity directly related to architecture, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
5 Board of Land Surveyors. Amend RSA 310-A:55, I to read as follows:
I. A board of licensure for land surveyors is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, [4] 2 of whom shall be land surveyors, and [one] 3 public [member] members. [The] Each public member of the board shall be a person who is not, and never was, a member of the land surveying 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 land surveying services or an activity directly related to land surveying, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
6 Board of Foresters. Amend RSA 310-A:100, I to read as follows:
I. A board of licensing for foresters is established to administer the provisions of this subdivision. The board shall consist of 7 persons appointed by the governor and council, [4] 3 of whom shall be foresters as defined in RSA 310-A:99, I, and [3] 4 public members. Of the forester members, one shall be the director, division of forests and lands, one shall be an industrial forester, one shall be a private forester, and one shall be a forester from the public sector. [A] Two public [member] members of the board shall be [a person] persons who [is] are not, and never [was, a member] were, members of the forestry profession or the spouse of any such person, and who [does] do not have and never [has] have had, a material financial interest in either the provision of forestry services or an activity directly related to forestry. Two of the public members shall be forest landowners actively engaged in forest management, but not otherwise connected with the forestry profession.
7 Board of Professional Geologists. Amend RSA 310-A:120, I to read as follows:
I. A board of professional geologists is established to administer the provisions of this subdivision. The board shall consist of 6 persons. Five persons shall be appointed by the governor and council, [4] 3 of whom shall be professional geologists and [one] 2 of whom shall be [a] public [member] members. The sixth member shall be the state geologist. [The] Each public member of the board shall be a person who is not, and never was, a geologist 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 geologic services or an activity directly related to geology, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
8 Board of Landscape Architects. Amend RSA 310-A:142, I to read as follows:
I. A board of landscape architects is established to administer the provisions of this subdivision. The board shall consist of 5 persons appointed by the governor and council, [4] 2 of whom shall be landscape architects, and [one] 3 public [member] members. [The] Each public member of the board shall be a person who is not, and never was, a member of the landscape architectural 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 landscape architectural services or an activity directly related to landscape architecture, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
9 State Board of Auctioneers. Amend RSA 311-B:2, I and II to read as follows:
I. There is hereby established a state board of auctioneers consisting of 5 members, including [4] 2 auctioneers and [one] 3 public [member] members, appointed by the governor with the advice of the council for terms of 5 years. Terms shall expire March 1. All board members shall be residents of this state and no board member shall serve more than 2 consecutive terms.
II. [The] Each public member of the board shall be a person who is not, and never was, a member of the auctioneering 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 such professional services or an activity directly related thereto, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
10 Board of Barbering, Cosmetology, and Esthetics. Amend RSA 313-A:2, I to read as follows:
I. There shall be a board of barbering, cosmetology, and esthetics consisting of [7] 12 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 and [one] 6 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.
11 Board of Podiatry. Amend RSA 315:1 to read as follows:
315:1 Board. There shall be a board of podiatry consisting of 5 members; including [4] 2 licensed podiatrists and [one] 3 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 section shall have the authority to vote in board determinations. [The] Each public member shall be a person who is not, and never was, a member of the podiatric 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 podiatric services or an activity directly related to podiatry, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
12 Board of Chiropractic Examiners. Amend RSA 316-A:2, I - III to read as follows:
I. There shall be a board of chiropractic examiners consisting of 5 members; including [4] 2 chiropractors and [one] 3 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.
13 Board of 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 members; including [6] 3 dentists, [2] one dental [hygienists] hygienist, and [one] 5 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.
14 Pharmacy Board. Amend RSA 318:2 to read as follows:
318:2 Board. There shall be a pharmacy board consisting of 6 members; including [5] 3 practicing pharmacists and [one] 3 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.
15 Electricians’ Board. Amend RSA 319-C:4, I to read as follows:
I. There shall be an electricians’ board consisting of 5 members, including [2] one master [electricians] electrician, one journeyman electrician, and [2] 3 public 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 terms. The state fire marshal or his designee shall be an ex officio member of the board, but shall not vote in board determinations.
16 Board of Registration of Funeral Directors and Embalmers. 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 members, including [4] 2 funeral directors or embalmers and [one] 3 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.
17 Board of Licensed Dietitians. Amend RSA 326-H:7, I to read as follows:
I. There is established a board of licensed dietitians, consisting of 5 members. Initial appointments shall be made pursuant to RSA 326-H:8. Thereafter, the board shall be appointed by the governor with consent of the executive council and shall consist of [4] 2 licensed dietitians and [one] 3 public [member] members.
18 Board of Licensed Dietitians; Public Members. Amend RSA 326-H:7, V to read as follows:
V. All members of the board shall have been residents of this state for at least 3 years immediately preceding appointment to the board. [The] Each public member shall not be, nor ever have been, a member of the dietitian profession nor have or have had a material, financial interest in either the provision of dietitian services or an activity directly related to the dietitian profession, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
19 Board of Registration in Optometry. Amend RSA 327:2, I - III to read as follows:
I. There shall be a board of registration in optometry consisting of 5 members; including [4] 2 optometrists and [one] 3 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.
20 Naturopathic Board of Examiners. Amend the introductory paragraph of RSA 328-E:7, I(c) to read as follows:
(c) [One] Four public [member] members appointed by the governor, who shall:
21 Allied Health Professionals; Governing Boards. Amend RSA 328-F:4, IV - IX to read as follows:
IV. The athletic trainers governing board shall consist of [3] 2 licensed athletic trainers, who have actively engaged in the practice of athletic training in this state for at least 3 years, one physician educated in the current practice of sports medicine, and [one] 2 public [member] members.
V. The occupational therapy governing board shall consist of [2] one licensed occupational [therapists] therapist and one occupational therapy assistant, who have actively engaged in the practice of occupational therapy in this state for at least 3 years, one physician knowledgeable in the practice of occupational therapy, and [one] 2 public [member] members.
VI. The physical therapy governing board shall consist of [2] one licensed physical [therapists] therapist and one physical therapist assistant, who have actively engaged in the practice of physical therapy in this state for at least 3 years, and [2] 3 public members.
VII. The respiratory care practitioner governing board shall consist of [3] 2 licensed respiratory care practitioners, who have actively engaged in the practice of respiratory care in this state for at least 3 years, one physician knowledgeable in the practice of respiratory care, and [one] 2 public [member] members.
VIII. The speech-language pathology governing board shall consist of [4] 2 licensed speech-language pathologists who have actively engaged in the practice of speech-language pathology in this state for at least 3 years, and [one] 3 public [member] members. [At least] One speech-language pathologist shall be employed in an educational setting and [at least] one employed in a clinical setting.
IX. The recreational therapy governing board shall consist of [3] 2 licensed recreational therapists, who have actively engaged in the practice of recreational therapy in this state for at least 3 years, and [2] 3 public members. Notwithstanding the requirements for licensure of professional members under this section, initial appointment of professional members by the governor and council shall be qualified persons practicing recreational therapy in this state. All subsequent appointments or reappointments shall require licensure.
22 Board of Acupuncture Licensing. Amend RSA 328-G:3, I to read as follows:
I. There shall be a board of acupuncture licensing consisting of the following members:
(a) [Four] Two acupuncturists, appointed by the governor with the advice and consent of the council, who shall:
(1) Be NCCAOM certified and hold a current, valid license to practice acupuncture in another state in which licensure requirements are substantially equivalent to, or higher than, those of this state, in the case of the initial board appointees, and a current, valid license to practice under this chapter, in the case of subsequent board appointees.
(2) Have been residents of this state for at least one year immediately preceding such appointment.
(b) [One] Three public [member] members, appointed by the governor with the advice and consent of the council, who shall:
(1) Be of legal age of majority.
(2) Be a resident of this state for 3 years immediately preceding such appointment.
(3) Not be, nor ever have been, a member of the acupuncture profession nor have or have had a material, financial interest in either the provision of acupuncture services or an activity directly related to acupuncture, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
23 Board of Medicine. Amend RSA 329:2 to read as follows:
I. There shall be a board of medicine consisting of 10 members; including [5] 4 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 [3] 4 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.
24 State Board for the Licensing and Regulation of Plumbers. Amend RSA 329-A:3, I to read as follows:
I. There shall be a state board for the licensing and regulation of plumbers consisting of 5 members: [3] 2 licensed plumbers, one of whom may be a journeyman plumber, and [2] 3 public 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. A member of the board shall serve as the board secretary.
25 Board of Mental Health Practice. Amend RSA 330-A:3, I to read as follows:
I. There shall be a board of mental health practice composed of the following members: one licensed psychologist, one licensed pastoral psychotherapist, one licensed clinical social worker, one licensed marriage and family therapist, one licensed clinical mental health counselor, and [3] 5 public members. The members shall be appointed to a term of 3 years by the governor with the approval of the council. The members of the board shall elect a chairperson on an annual basis. No discipline’s representative and no public member shall serve as chairperson for consecutive terms.
26 Board of 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 members: [5] 3 veterinarians, the state veterinarian, and [one] 3 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:
27 Application. Any member of a board serving as an appointed member on a board amended by this act may serve the remainder of his or her term. Following the effective date of this act any vacancies and all subsequent appointments shall be made in conformance with the procedures as amended by this act. Notwithstanding other requirements in law, the initial terms for new appointments by an appointing authority to a board amended by this act may be staggered in order to provide for regular appointments.
28 Effective Date. This act shall take effect 60 days after its passage.