SB 251 – AS AMENDED BY THE SENATE
SENATE BILL 251
This bill allows the board of medicine to issue a correctional institution medical license to persons practicing as physicians only in a correctional institution.
This bill was requested by the department of corrections.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT allowing the board of medicine to issue licenses for physicians to engage in a correctional institution medical practice.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings and Intent. The general court finds that the department of corrections has experienced significant and increasing difficulty in recruiting, hiring, and retaining qualified physicians to provide medical and psychiatric services in its correctional facilities, including the secure psychiatric unit. The general court further finds that in light of the Superior Court Order in Holliday, et al. v. Curry (May 19, 2006) and the additional responsibilities assigned to the department of corrections and the department of health and human services related to the involuntary civil commitment of sexually violent predators, immediate action must be taken to address the need for qualified physicians to provide medical and psychiatric services at facilities operated by the department of corrections or that may be operated by the department of health and human services. The general court finds it is appropriate to establish a limited medical license to allow board eligible physicians who do not meet all qualifications for state licensure to practice in state correctional institutions.
2 Rulemaking; Board of Medicine. Amend RSA 329:9, VIII to read as follows:
VIII. The circumstances under which restricted licenses and correctional institution licenses are to be issued.
3 New Paragraph; Correctional Institution License. Amend RSA 329:14 by inserting after paragraph VII the following new paragraph:
VIII.(a) The board may issue correctional institution licenses to persons of good professional character who are supervised by a fully licensed physician and who meet the following requirements in accordance with rules adopted under RSA 329:9, VIII:
(1) The person is a graduate of a medical school accredited and approved by the board;
(2) The person is board eligible; and
(3) The person has resided in the United States for at least one year.
(b) Persons holding a correctional institution license shall be subject to the disciplinary provisions of RSA 329:17 and such additional professional character and competency requirements as the board may establish.
(c) Correctional institution medical practice by licensees under this paragraph shall be limited to practice in correctional institutions operated by the state and may be issued on a restricted or conditional basis. Practice by a correctional institution licensee shall not exceed an initial 2-year period and one 2-year renewal.
(d) Persons holding correctional institution licenses shall not practice outside correctional institutions operated by the state or receive remuneration in addition to that provided by the state.
(e) “Correctional institution” means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates may lawfully be confined.
4 Effective Date. This act shall take effect upon its passage.