Revision: Feb. 13, 2013, midnight
HB 654-FN – AS INTRODUCED
2013 SESSION
05/10
HOUSE BILL 654-FN
AN ACT relative to licensure and renewal fees.
SPONSORS: Rep. C. McGuire, Merr 29; Rep. F. Rice, Rock 21; Rep. D. Sullivan, Hills 42; Rep. Roberts, Ches 4; Rep. Hansen, Hills 22; Rep. Cebrowski, Hills 7; Rep. Jones, Straf 24
COMMITTEE: Executive Departments and Administration
This bill establishes licensure and renewal fees by statute rather than by administrative rule for acupuncturists, alcohol and drug counselors, boxing and wrestling promoters and participants, dietitians, electrologists, funeral directors and embalmers, hearing care providers, massage therapists, midwives, naturopaths, nursing home administrators, optometrists, podiatrists, reflexologists, and individuals registered as home health care providers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0291
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to licensure and renewal fees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Acupuncture; Rulemaking Authority. Amend RSA 328-G:7, II to read as follows:
II. Scope of practice[,] and fees for applications[, and fees for licenses issued or renewed under this chapter].
2 Acupuncture; License Fee. Amend RSA 328-G:9, II(d) to read as follows:
(d) Has paid the [requisite fees] $100 license fee and filed the application established by the board.
3 Acupuncture License Renewal Fee. Amend RSA 328-G:9, IX to read as follows:
IX. All licenses issued by the board shall be valid for 2 years from the date of issuance and shall be renewed biennially or reissued pursuant to rules adopted, and upon payment of [fees established, by the board] a $100 renewal fee.
4 Alcohol and Other Drug Use; License and Renewal Fee Established. Amend RSA 330-C:8, I to read as follows:
I. The board shall charge [fees for the application, issuance, renewal,] a $100 fee for the issuance of an initial license or certification, and $100 for the renewal of a license or certificate under this chapter. In addition the board shall establish by rule fees for license and certificate applications, late renewal, and reinstatement of all licenses and certifications authorized by this chapter. [The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses for the board for the previous fiscal year.]
5 Alcohol and Other Drug Use; Rulemaking Authority. Amend RSA 330-C:9, IV to read as follows:
IV. The establishment of license and certificate application, late renewal, and reinstatement fees required under this chapter.
6 Boxing and Wrestling; Rulemaking Authority. Amend RSA 285:7, IV to read as follows:
IV. A fee schedule for [licenses,] permits and amateur cards and for the renewal of [licenses and] amateur cards;
7 Boxing and Wrestling; Promoter Permit Fees Established. Amend RSA 285:10, I to read as follows:
I. No promoter shall arrange a professional fighting sports competition in the state without a permit from the commission. The fee for permits shall be $100 for each day of the event. A different permit shall be required for each day of competitions.
8 Boxing and Wrestling; License Fees Established. Amend RSA 285:11 to read as follows:
285:11 Licenses Required. No person shall participate in a professional fighting sports competition as a contestant, manager, referee, judge, second or timekeeper without a license from the commission. The fee for all licenses issued by the commission shall be $20. Licenses granted by the commission shall be valid for one year from the date of issue unless revoked or suspended by the commission. The commission shall, upon application, renew any license unless good cause is shown that the license should not be renewed. The fee for all license renewals issued by the commission shall be $20.
9 Dietitians; Rulemaking Authority. Amend RSA 326-H:10 to read as follows:
326-H:10 Rulemaking.
[I.] The board shall adopt rules, pursuant to RSA 541-A, relative to:
[(a)] I. The application procedures for licensure or temporary licensure to practice as a licensed dietitian in this state.
[(b)] II. The renewal, suspension, revocation, and reinstatement of licenses.
[(c)] III. The establishment of fees for [licenses, renewals, and] reinstatement of licenses.
[(d)] IV. Educational qualifications for licensure.
[(e)] V. The conditions and fees for licensing out-of-state dietitians.
[(f)] VI. Continuing education requirements.
[(g)] VII. Procedures for investigations and hearings held under this chapter.
[(h)] VIII. Procedures for appealing hearing board decisions.
[(i)] IX. Disciplinary actions including penalties, sanctions, supplemental training requirements, and treatment and counseling requirements for licensees involved in violations of the code of ethics, which may include revocation of license, suspension of license, fines, community service, oral or written reprimand, additional education or training, and supervised training and counseling, including substance abuse treatment and counseling.
[II. The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.]
10 New Paragraph; Dietitians; License Fee Established. Amend RSA 326-H:12 by inserting after paragraph IV the following new paragraph:
V. Pay the $100 license fee.
11 Dietitians; Renewal Fee Established. Amend RSA 326-H:14, II to read as follows:
II. All licenses issued by the board shall be valid for 2 years from the date of issuance and shall be renewed biennially or reissued pursuant to rules adopted and upon payment of [fees established by the board] a $100 license renewal fee. The board shall cause notification of impending license expiration to be sent to each licensed person at least 60 days prior to the expiration of the license. Licenses shall continue as valid until final action is exercised by the board on an application for renewal, provided that the application is filed before the expiration date of the license.
12 Electrology; License and Renewal Fees Established. Amend RSA 314:10 to read as follows:
314:10 Fees.
I. The fee for an initial license and for a renewal license issued under this chapter shall be $100. The commissioner shall establish by rule a schedule of fees for [application and licensure,] applications, examinations, [license renewal] and license replacement.
II. [The schedule of fees adopted by the commissioner shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses incurred by the department in carrying out the substance of this chapter in the previous fiscal year.] Fees collected shall be appropriated to the department and used to carry out the provisions of this chapter.
13 Funeral Directors and Embalmers; Rulemaking Authority. Amend RSA 325:9, V to read as follows:
V. The establishment of [all] fees [required under this chapter] for the examination of applicants, funeral home inspections, and transcribing and transferring records and other services;
14 Funeral Directors and Embalmers, License and Renewal Fee Established. Amend RSA 325:12-a to read as follows:
325:12-a Fees. The fee for an initial license and for a renewal license issued under this chapter is $100. The board shall establish fees for examination of applicants, for [licenses and for renewal of licenses to practice under this chapter,] for funeral home inspections, and for transcribing and transferring records and other services. [The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.]
15 Funeral Directors and Embalmers; Renewal Period Extended. Amend RSA 325:25, I to read as follows:
I. Every person licensed to practice under this chapter, except as provided in RSA 325:29, shall apply to the board for [annual] license renewal every 2 years. The board shall require each licensee to show proof of meeting the continuing education requirement of RSA 325:28-a within the preceding [year] 2-year period. Payment shall be made to the board secretary of [a] the renewal fee established [by the board] in RSA 325:12-a.
16 Hearing Care Providers; Rulemaking. Amend RSA 137-F:6, V to read as follows:
V. [License and registration application fees,] Examination fees, [renewal fees,] and any other fees required under this chapter[, provided that the fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year].
17 Hearing Aid Dealer Registration and Renewal Fees. Amend RSA 137-F:8 to read as follows:
137-F:8 Registration of Hearing Aid Dealers Required. No person shall engage in the business of selling or offering for rent hearing aids unless such person is registered in accordance with this chapter and unless the registration of such person is current and valid. The fee for an initial registration under this section is $100. This section includes the selling or renting of hearing aids by mail in this state by a person outside the state. Registration certificates shall be renewed [annually] every 2 years on or before June 30 upon payment of a $100 renewal fee.
18 Audiology License Fee. Amend RSA 137-F:11, II to read as follows:
II. The board shall license each applicant who satisfies the requirements of this chapter. Upon payment of a $100 license fee, the board shall issue to such person a certificate of licensure which shall be evidence of the right to practice as an audiologist.
19 Audiology License Fee; Reference Change. Amend RSA 137-F:13, I(b) to read as follows:
(b) Pay to the board the appropriate license [application] fee.
20 Audiology License Renewal Fee. Amend RSA 137-F:20 to read as follows:
137-F:20 License Renewal. A license issued under RSA 137-F:13 shall expire at 12:01 a.m. on July 1 of the odd year next succeeding its date of issuance. Every person licensed under this chapter who wishes to renew a license shall, on or before the expiration date, pay a [fee for renewal of license] $100 renewal fee to the board. The board shall notify each person licensed under this chapter of the date of expiration of such person’s license and the renewal fee required. The notice shall be mailed to such person’s last known address as provided to the board at least 60 days in advance of the expiration of such license. Renewals are contingent upon evidence of 20 hours or the equivalent in continuing education units, including, but not limited to, attending professional meetings or completing approved independent studies and regional in-service programs, as determined by the board.
21 Massage Therapists and Establishments; Rulemaking Authority. Amend RSA 328-B:4, VII(e) to read as follows:
(e) License modifications and license renewal applications [and fees].
22 Massage Therapists and Establishments; License Fee Established. Amend RSA 328-B:6, I(a) to read as follows:
(a) Submits the required application form and $100 licensing fee.
23 Massage Therapists and Establishments; License Renewal Fee Established. Amend RSA 328-B:7 to read as follows:
328-B:7 License Renewal. All licenses issued pursuant to this chapter shall expire 2 years after the date of issue. License renewals shall be granted upon approval of the commissioner of the renewal application and submission of the required $100 renewal fee.
24 Midwives; Powers and Duties. Amend RSA 326-D:4, I(b) to read as follows:
(b) Establishing fees for examination of applicants, [certification, and renewal of certification].
25 Midwives; Rulemaking Authority. Amend RSA 326-D:5, I(h) to read as follows:
(h) Establishing [all] examination fees authorized under RSA 326-D:4, I(b)[; provided that the fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the council for the previous fiscal year].
26 Midwives; Certification and Renewal Fee Established. Amend RSA 326-D:6, I and II to read as follows:
I. No person shall practice midwifery in this state without first obtaining certification from the council. The council shall certify for the practice of midwifery any person applying for such certification who meets the qualifications adopted under RSA 326-D:5, I(a) and who submits [the] a $100 certification fee [established by the council pursuant to RSA 326-D:4, I(b)].
II. Certification issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in accordance with rules adopted by the council and upon payment of [the] a $100 renewal fee [established under RSA 326-D:4, I(b)].
27 Naturopaths; Board Duties. Amend RSA 328-E:8, I(a) to read as follows:
(a) Determine fees [for licensure,] for application to take the examination pursuant to RSA 328-E:9, I(f) and RSA 332-G:2[, and for license renewal under RSA 328-E:13].
28 Naturopaths; License Fees Established. Amend RSA 328-E:9, I(f) to read as follows:
(f) File an application and pay the $100 license [fees] fee.
29 Naturopaths; License Renewal Fees Established. Amend RSA 328-E:13, I to read as follows:
I. The license to practice naturopathic medicine shall be renewed biennially. A fee in the amount [determined by the board] of $100 shall accompany the application for renewal.
30 Nursing Home Administrators. Amend RSA 151-A:4-a, II to read as follows:
II. To establish and collect fees for examination of applicants, [for licenses and renewal of licenses to practice under this chapter,] for temporary and emergency permits, and for transcribing and transferring records and other services. [The fees established by the board shall recover revenues equal to 125 percent of the direct operating expenses of the board for the previous year or the full cost of the board, including the cost of support and administrative services provided by other agencies, whichever is greater.]
31 Nursing Home Administrators; License Fee Established. Amend the introductory paragraph of RSA 151-A:5 to read as follows:
151-A:5 Qualifications for Admission to Examination. The board shall admit to examination for licensure as a nursing home administrator any candidate who pays a [reasonable] $100 licensing fee [as established by the board] and submits evidence of good moral character and suitability prescribed by the board and evidence that the candidate is at least 21 years old and has completed preliminary education satisfactory to the board; provided:
32 Nursing Home Administrators; Registration Renewal Fee Established. Amend RSA 151-A:8, II to read as follows:
II. Upon making an application for a new certificate of registration such individual shall pay a [reasonable] $100 biennial registration renewal fee [as established by the board].
33 Optometrists; Fees. Amend RSA 327:5-a to read as follows:
327:5-a Fees. The board shall establish fees for [application for licensure, renewal, and] license reinstatement[,] and for transcribing and transferring records and other services. [The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.]
34 Optometrists; License Fee Established. Amend RSA 327:6 to read as follows:
327:6 Licenses; Qualifications. No person, except as otherwise provided in this chapter, shall practice optometry without a license. The board shall not issue a license to any applicant until the person has passed an examination approved by the board, and has presented satisfactory evidence in the form of affidavits properly sworn to, that the person is over 18 years of age and of good moral character, has completed a minimum of 2 years at a college of arts and sciences and has graduated from a school or college of optometry approved by the board, maintaining a minimum of 4 years in optometric training. Persons who submit an application which demonstrates that they meet the eligibility requirements of this chapter and any rules adopted by the board pursuant to RSA 541-A, and pay the $100 licensing fee, shall be licensed by the board.
35 Optometrists; License Renewal Fee Established. Amend RSA 327:13, I to read as follows:
I. All licenses issued under this chapter shall automatically expire on July 1 of each year, unless an application for renewal of the license is received by the board on or before that date along with the $100 license renewal fee.
36 Optometrists; Rulemaking Authority. Amend RSA 327:31, VI to read as follows:
VI. The establishment of [all] fees [required under this chapter] for license reinstatement, and for transcribing and transferring records and other services;
37 Podiatrists; Rulemaking Authority. Amend RSA 315:4, VII to read as follows:
VII. The establishment of [all] fees [required under this chapter] for license reinstatement and for transcribing and transferring records and other services;
38 Podiatrists; License Fee Established. Amend RSA 315:8, I to read as follows:
I. The board shall issue a license to applicants who have submitted a complete application, paid a $100 license fee, achieved a satisfactory examination score, and satisfied all other criteria of competence and professional character required by this chapter.
39 Podiatrists; Renewal Fee Established. Amend RSA 315:11, I to read as follows:
I. Every person licensed to practice under this chapter shall apply to the board on a biennial basis for renewal of license on forms provided by the board and shall pay a $100 renewal fee [as established in rules of the board]. As a condition of renewal of license, each licensee shall show proof of having completed the continuing education units as required in rules adopted by the board.
40 Podiatrists; Fees. Amend RSA 315:15 to read as follows:
315:15 Fees. The board shall establish fees for [license applications and for renewal of licenses to practice podiatry and for] transcribing and transferring records and other services. [The fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board for the previous fiscal year.]
41 Reflexologists; Rulemaking Authority. Amend RSA 328-H:5, VIII(a) to read as follows:
(a) [License application fees,] Late fees[, renewal fees,] and reinstated license fees.
42 Reflexologists; License Fee Established. Amend RSA 328-H:8, I(c) to read as follows:
(c) Makes payment of [fees required in rules adopted by the department] the $100 license fee;
43 Reflexologists; Renewal Fee Established. Amend RSA 328-H:9, II to read as follows:
II. All licenses issued pursuant to this chapter shall expire 2 years after the date of issuance. License renewals shall be granted upon approval by the department of the renewal application and submission of the required $100 renewal fee.
44 Home Health Care Providers. RSA 151:5, XI is repealed and reenacted to read as follows:
XI. Home health care providers:
(a) Registered individuals; $25.
(b) Agencies; $250.
45 Repeal. The following are repealed:
I. RSA 137-F:3, VI, relative to appropriations to the hearing care providers board.
II. RSA 328-B:4, VII(a), relative to rulemaking authority for massage license application fees.
III. RSA 327-A:12, III, relative to fees for ophthalmic dispensers established by rule.
46 Effective Date. This act shall take effect July 1, 2013.
LBAO
13-0291
Revised 02/13/13
HB 654 FISCAL NOTE
AN ACT relative to licensure and renewal fees.
FISCAL IMPACT:
The New Hampshire Department of Health and Human Services states this bill, as introduced, would decrease state revenue by $108,325 in FY 2014, $82,450 in FY 2015, and by an indeterminable amount in FY 2016 and each year thereafter. There will be no fiscal impact on state, county and local expenditures, or county and local revenue.
METHODOLOGY:
The Department of Health and Human Services, Office of Improvement and Integrity, which provides support to the boards administratively attached to the Department, states this bill establishes licensure and renewal fees by statute instead of by administrative rules. The Department compared revenue projections for fiscal years 2014 and 2015 as included in the budget requests of the boards with the fees proposed by the bill:
|
Current Fees |
Proposed Fees |
| ||
Board |
FY 2014 |
FY 2015 |
FY 2014 |
FY 2015 |
Biennial Difference |
Acupuncture |
$15,000 |
$12,500 |
$8,500 |
$6,300 |
($12,700) |
Alcohol & Drug Counselors |
$38,000 |
$50,000 |
$22,500 |
$22,600 |
($42,900) |
Dietitians |
$37,000 |
$36,800 |
$16,000 |
$40,500 |
($17,300) |
Electrologists |
$6,000 |
$3,200 |
$3,700 |
$6,000 |
$500 |
Funeral Directors |
$43,000 |
$40,000 |
$21,200 |
$21,400 |
($40,400) |
Hearing Care Providers |
$32,000 |
$19,000 |
$17,400 |
$17,600 |
($16,000) |
Massage Therapists |
$96,000 |
$105,000 |
$111,000 |
$123,000 |
$33,000 |
Midwifery |
$1,200 |
$2,200 |
$2,100 |
$200 |
($1,100) |
Naturopathic |
$12,000 |
$15,500 |
$5,000 |
$3,700 |
($18,800) |
Nursing Home Administrators |
$32,000 |
$32,000 |
$5,700 |
$5,800 |
($52,500) |
Optometry |
$40,000 |
$40,000 |
$28,900 |
$29,700 |
($21,400) |
Podiatry |
$10,000 |
$15,000 |
$10,500 |
$10,500 |
($4,000) |
Reflexology |
$625 |
$750 |
$2,000 |
$2,200 |
$2,825 |
Totals: |
$362,825 |
$371,950 |
$254,500 |
$289,500 |
($190,775) |
|
|
|
|
|
|
Difference in FY 2014: |
($108,325) |
|
|
|
|
Difference in FY 2015: |
($82,450) |
|
|
|
|
The Department assumes there would be no fiscal impact on expenditures as appropriation levels would continue to be established through the budget process.
The Office of Legislative Budget Assistant states this legislation would also impact the Boxing and Wrestling Commission. The Commission has not provided information regarding the fiscal impact of the bill.