HB 658-FN – AS INTRODUCED
2013 SESSION
01/10
HOUSE BILL 658-FN
AN ACT relative to registration for medical technicians.
SPONSORS: Rep. Copeland, Rock 19; Rep. Schlachman, Rock 18; Rep. Roberts, Ches 4; Rep.?Sherman, Rock 24; Rep. Nigrello, Rock 16; Rep. P. Schmidt, Straf 19; Rep.?Haefner, Hills 37; Rep. St. James, Rock 13; Rep. Coffey, Hills 25; Rep.?D.?Hooper, Straf 16; Sen. Fuller Clark, Dist 21; Sen. Stiles, Dist 24
COMMITTEE: Executive Departments and Administration
This bill establishes the medical technician registration board. This bill requires persons employed as medical technicians who are not licensed or certified in this state to register with the board within 5 days of receiving employment in New Hampshire. The bill also requires licensed health care facilities employing such technicians to ensure that they are registered in accordance with this chapter.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0003
01/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to registration for medical technicians.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Medical Technician Registration Board. Amend RSA by inserting after chapter 328-H the following new chapter:
MEDICAL TECHNICIAN REGISTRATION BOARD
328-I:1 Definitions. In this chapter:
I. “Board” means the medical technician registration board.
II. “Commissioner” means the commissioner of the department of health and human services.
III. “Department” means the department of heath and human services.
IV. “Health care facility” means hospitals, ambulatory surgical facilities, specialty hospitals, nursing homes, and any other entity, whether publicly or privately owned or for-profit or not-for-profit, which are licensed or required to be licensed in whole or in part by the state.
V. “Medical technician” means an individual working under the supervision of a licensed health care provider, whether employed by a health care facility or acting independently, who provides preventive, curative, promotional, or rehabilitative health care services in a systematic way to individuals, families, or communities.
328-I:2 Board.
I. There shall be a medical technician board of registration consisting of 5 members.
(a) The commissioner, or designee.
(b) Three licensed health care providers, one of whom shall have experience supervising medical technicians and one of whom shall be a licensed physician, and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member appointed under this subparagraph shall serve more than 2 consecutive terms.
II. The board shall be an administratively attached agency, under RSA 21-G:10, to the department. In addition, the board shall be subject to the provisions of RSA 126-A:10-a.
III. The board shall maintain a database of medical technicians not otherwise licensed or certified by a New Hampshire regulatory board or commission and shall share all information received with other licensing boards or registration boards within this state and with appropriate boards out of state. All registrants shall remain on the list for a minimum of 15 years and a designation of active, inactive, suspended, revoked, or retired shall be attached to each registrant. The board shall post a list of registrants and their status on the department’s Internet website.
328-I:3 Powers and Duties of the Board. The powers and duties of the board under this chapter include:
I. Accepting applications for certificates of registration under this chapter, and approving or denying such applications.
II. Renewing certificates of registration.
III. Suspending or revoking certificates of registration upon the grounds listed in RSA 328-I:5, and conducting hearings regarding the denial, suspension, revocation and renewal of certificates as provided in RSA 328-I:6.
IV. Accepting written complaints from the public against registrants and conducting necessary investigations upon such written complaints.
V. Publicizing the complaint procedure.
VI. Sharing information with appropriate in-state and out-of-state boards.
328-I:4 Registration of Medical Technicians; Application for Registration.
I. It shall be unlawful for any person to engage in work as a medical technician unless such person is registered in accordance with this chapter within 5 days of obtaining employment in New?Hampshire and unless the registration of such person is current and valid.
II. An application for a certificate of registration as a medical technician under this chapter shall be filed with the board in such form and detail as the board shall require in accordance with rules adopted under RSA 541-A.
III. In addition, every health care facility employing medical technicians as defined under RSA 328-I:1, V, shall ensure that such technicians are registered in compliance with this chapter. Any health care facility violating this paragraph shall be subject to appropriate fines and penalties pursuant to RSA 151. In addition to the fines and penalties under RSA 151, the federal Department of Health and Human Services may withhold or deny payment for Medicaid services for the period the unregistered medical technician was employed by any health care facility until it has determined there were no injuries or long-term health consequences to patients receiving care during or immediately after the unregistered person was employed.
328-I:5 Suspension, Revocation or Refusal to Issue Certificate. The board may deny the application for a certificate of registration and may suspend or revoke the registration of any medical technician issued pursuant to this chapter or refuse to issue a renewal thereof if it is determined after hearing that such applicant or registrant:
I. Has made a material false statement or concealed a material fact in connection with his or her application for certificate of registration;
II. Has had a certificate of registration issued under this chapter revoked or suspended previously;
III. Has been convicted of a felony or any offense involving moral turpitude; or
IV. Has failed to comply with any other provision of this chapter or any rules adopted by the commissioner.
328-I:6 Procedure for Complaints; Hearings; Judicial Review.
I. Except when the board determines that there is an emergency condition, no certificate of registration shall be suspended or revoked until after a hearing before the board, which shall be held in accordance with RSA 541-A, and upon written notice mailed to the registrant by certified or registered mail. However, when a notice of hearing is mailed to a registrant at the address shown in the records of the department and such a registrant fails to attend such hearing, the board may suspend his or her registration without a hearing pending his or her attendance at such hearing. Upon the denial of an application for a certificate of registration, the board shall grant a hearing to an applicant therefor upon receipt of a request for a hearing made within 30 days after the applicant is notified of denial. The board shall have the power to require the attendance of witnesses and issue subpoenas duces tecum in the conduct of such hearing. If a certificate of registration is revoked or suspended or an application is denied, no such certificate shall be issued to such former registrant or applicant for at least 6 months, or thereafter, except in the discretion of the board. The applicant or registrant may be heard in person or by counsel. The board shall notify the applicant of the time and place of the hearing. The board shall have the power to subpoena any person in this state, or document, record or other relevant evidence, and administer an oath to and take the testimony of any such person or cause his or her deposition to be taken. Any suspension under emergency conditions shall require a hearing within 48 hours. “Emergency condition” means the inaction of the board will place patients and others in harms way or otherwise jeopardize their immediate wellbeing or health.
II. Appeals from an order of suspension or revocation or a denial of an application of a certificate of registration shall be made under RSA 541.
328-I:7 Rulemaking. The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. The registration application form and content, and the license application procedures.
II. The application form, content, and procedure for a renewal or reinstatement of a registration to work as a medical technician.
III. A schedule of fees.
IV. Ethical and professional standards required to be met by registrants.
V. The conduct of investigations and hearings, in accordance with RSA 328-I:6.
VI. A schedule of administrative fines for the violation of the provisions of this chapter or rules adopted pursuant to this chapter.
VII. Procedures for notice and hearing prior to denial, suspension, or revocation of a registration, and the imposition of administrative fines.
VIII. Procedures for the handling of complaints.
IX. Procedures for the approval or denial of an application.
X. Procedures for suspension or revocation of a registration.
XI. Procedures for appeal of decisions of the commissioner made pursuant to the provisions of this chapter and rules adopted pursuant to this chapter.
XII. Procedures for sharing information with other in-state boards and out-of-state boards.
2 Effective Date. This act shall take effect January 1, 2014.
LBAO
13-0003
Revised 02/04/13
HB 658 FISCAL NOTE
AN ACT relative to registration for medical technicians.
FISCAL IMPACT:
The Departments of Health and Human Services and Justice state this bill, as introduced, will increase state revenue and expenditures by an indeterminable amount in FY 2014 and each year thereafter. There will be no fiscal impact on county and local revenue or expenditures.
METHODOLOGY:
The Department of Health and Human Services states this bill would establish the medical technician registration board and requires individuals employed as medical technicians who are not licensed or certified in this state to register with the board with 5 days of becoming employed in New Hampshire. The bill also requires licensed health care facilities that employ medical technicians to ensure that are registered. The Department indicates the Board’s duties would include: accepting and processing applications, maintaining a database of medical technicians, developing administrative rules, and administrative enforcement of the rules. The Department assumes the Board, as other regulatory boards, would generate revenue sufficient to cover the full cost of the program, including support provided by other state agencies, or equal to 125% of the direct costs of the program. The Department does not have information on the number of medical technicians who may be required to register and cannot estimate the fiscal impact of this bill.
The Department of Justice anticipates the new Board would require assistance from an Assistant Attorney General in the Civil Bureau to help with the promulgation of rules and administrative enforcement of violations. The Civil Bureau would also provide general legal counsel to the Board. The Department states it may also be involved with actions to suspend or revoke a registration. The Department is not able to estimate the amount of support the Board would require and therefore cannot determine the cost. The Department indicates licensing boards typically cover a portion of these costs through the Board’s licensing fees.