CHAPTER 303
SB 46 – FINAL VERSION
03/29/07 0799s
31May2007… 1797h
2007 SESSION
10/05
SENATE BILL 46
AN ACT requiring criminal history record checks of all applicants to practice medicine in New Hampshire, and revising the criminal history record checks under the nurse practice act.
SPONSORS: Sen. Burling, Dist 5; Sen. Kelly, Dist 10; Rep. W. Chase, Ches 1
COMMITTEE: Executive Departments and Administration
This bill requires all physician and physician assistant applicants for licensure or reinstatement before the board of medicine to submit to a criminal history records check.
The bill also revises the authority for criminal history records check under the nurse practice act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/29/07 0799s
31May2007… 1797h
07-0351
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT requiring criminal history record checks of all applicants to practice medicine in New Hampshire, and revising the criminal history record checks under the nurse practice act.
Be it Enacted by the Senate and House of Representatives in General Court convened:
303:1 New Section; Physicians and Surgeons; Applicants; Criminal History Record Checks. Amend RSA 329 by inserting after section 11 the following new section:
329:11-a Criminal History Record Checks.
I. Every applicant for initial permanent licensure or reinstatement shall submit to the board of medicine a notarized criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board.
IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
303:2 Qualifications and Licensees; Subparagraph Added. Amend the introductory paragraph of RSA 329:12, I(c) to read as follows:
(c) Submit a complete set of fingerprints and a notarized criminal history record release form pursuant to RSA 329:11-a.
(d) Demonstrate to the reasonable satisfaction of the board that the applicant:
303:3 Action on Applications. Amend RSA 329:14, I to read as follows:
I. The board shall make no final decision concerning the qualifications of a new or reinstatement applicant until it has received the results of all required examinations, criminal history record checks, and all third-party certifications required to be submitted with the license application, and the time periods specified by RSA 541-A:29 shall be calculated from the date the last of the required documents is received by the board.
303:4 New Section; Physician Assistants. Amend RSA 328-D by inserting after section 3 the following new section:
328-D:3-a Criminal History Record Checks.
I. Every applicant for initial permanent licensure or reinstatement shall submit to the board a notarized criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board.
IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
303:5 New Subparagraph; Physician Assistants; Conditions of Licensure. Amend RSA 328-D:3, I by inserting after subparagraph (d) the following new subparagraph:
(e) Submit a complete set of fingerprints and a notarized criminal history record release form pursuant to RSA 328-D:3-a.
303:6 Nurse Practice Act; Criminal History Record Check. RSA 326-B:15 is repealed and reenacted to read as follows:
326-B:15 Criminal History Record Checks.
I. Every applicant for initial licensure shall submit to the board a notarized criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board. The board shall maintain the confidentiality of all criminal history records information received pursuant to this section.
IV. The applicant shall bear the cost of a criminal history record check.
303:7 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 13, 2007
Effective: September 11, 2007