Revision: June 19, 2017, 10:38 a.m.
CHAPTER 131
HB 322 - FINAL VERSION
05/11/2017 1623s
2017 SESSION
17-0502
01/09
HOUSE BILL 322
SPONSORS: Rep. Fothergill, Coos 1; Rep. S. Schmidt, Carr. 6; Rep. Campion, Graf. 12; Rep. J. MacKay, Merr. 14; Rep. P. Schmidt, Straf. 19; Sen. Woodburn, Dist 1; Sen. Feltes, Dist 15; Sen. Reagan, Dist 17
COMMITTEE: Executive Departments and Administration
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This bill declares that certain licensing boards for health care providers may adopt rules to require completion of a certain survey as part of the license renewal process.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/11/2017 1623s 17-0502
01/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
131:1 Department of Health and Human Services; State Office of Rural Health. Amend RSA 126-A:5, XVIII(c) to read as follows:
(c) The commissioner shall submit an annual report beginning on November 1, 2009 to the speaker of the house of representatives, the senate president, [and] the governor, the oversight committee on health and human services established under RSA 126-A:13, the chairs of the house and senate executive departments and administration committees, the chairs of the house and senate committees having jurisdiction over health and human services, and the commission on primary care workforce issues established under RSA 126-T:1, on the health status of rural residents incorporating current data from the bureau of health statistics and data management and the SORH.
131:2 New Paragraph; Department of Health and Human Services; State Office of Rural Health; Survey. Amend RSA 126-A:5 by inserting after paragraph XVIII the following new paragraph:
XVIII-a.(a) The state office of rural health (SORH) established in paragraph XVIII may receive and collect data regarding surveys completed by participating licensees pursuant to RSA 317-A:12-a, RSA 318:5-b, RSA 326-B:9-a, RSA 328-D:10-a, RSA 328-F:11-a, RSA 329:9-f, RSA 329-B:10-a, RSA 330-A:10-a, and RSA 330-C:9-a.
(b) The data collected shall be reviewed, evaluated, and analyzed by the SORH to provide policy decision makers and the commission on primary care workforce issues established under RSA 126-T:1, with critical information to develop and plan for New Hampshire’s primary workforce current and future needs and to identify innovative ways for expanding primary care capacity and resources.
(c) Any personally identifiable information contained within the surveys collected by the SORH shall remain confidential and are exempt from disclosure pursuant to RSA 91-A. Any request for information maintained by and in the custody of the SORH under this paragraph shall require the redaction of any and all personally identifiable information by the SORH prior to the release of such information; provided, that the SORH shall be authorized to provide required data to the Health Resources and Services Administration (HRSA) pursuant to federal regulation and or directives governing receipt of federal resources by the SORH.
(d) The SORH shall be authorized to provide aggregate data and interval reports and such information shall be made available and published on the department of health and human services’ Internet website. For purposes of quality assurance and validation of data including participation rates for survey completion, the SORH shall be authorized to provide the licensing boards identified in subparagraph (a) as follows:
(1) A list of National Provider Identification numbers of those licensees who have completed or appropriately opted-out of the survey; and
(2) Aggregate data results as it pertains to non-personal information listed on the survey.
(e) On or before November 1, 2017, and annually thereafter, the SORH shall make a written report to the speaker of the house of representatives, the senate president, the governor, the oversight committee on health and human services established under RSA 126-A:13, the chairs of the house and senate executive departments and administration committees, the chairs of the house and senate policy committee having jurisdiction over health and human services, and the commission on primary care workforce issues established by RSA 126-T:1. The report shall include, but not be limited to, aggregate data and information on current and projected primary workforce needs and the participation rate on surveys completed pursuant to this paragraph. This report shall be incorporated into the report required pursuant to RSA 126-A:5, XVIII(c).
(f) The commissioner may adopt rules, pursuant to RSA 541-A, relative to the administration of this paragraph.
131:3 New Section; Board of Dental Examiners; Rulemaking. Amend RSA 317-A by inserting after section 12 the following new section:
317-A:12-a Completion of Survey; Rulemaking. The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this section shall not be a condition of licensure.
131:4 New Section; Pharmacy Board; Rulemaking. Amend RSA 318 by inserting after section 5-a the following new section:
318:5-b Completion of Survey; Rulemaking. The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this section shall not be a condition of licensure.
131:5 New Section; Board of Nursing; Rulemaking. Amend RSA 326-B by inserting after section 9 the following new section:
326-B:9-a Completion of Survey; Rulemaking.
I. The board may adopt rules, pursuant to RSA 541-A, for APRNs only requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this paragraph shall not be a condition of licensure.
II. The board may adopt rules, pursuant to RSA 541-A, for RNs and LPNs only requiring, as part of the license renewal process, completion by licensees of a survey provided by the National Council of State Boards of Nursing regarding minimum data sets. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this paragraph shall not be a condition of licensure.
131:6 New Section; Board of Medicine; Physician Assistants. Amend RSA 328-D by inserting after section 10 the following new section:
328-D:10-a Completion of Survey; Rulemaking. The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this section shall not be a condition of licensure.
131:7 New Section; Allied Health Professionals; Rulemaking. Amend RSA 328-F by inserting after section 11 the following new section:
328-F:11-a Completion of Survey; Rulemaking. The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this section shall not be a condition of licensure.
131:8 New Section; Board of Medicine; Rulemaking. Amend RSA 329 by inserting after section 9-e the following new section:
329:9-f Completion of Survey; Rulemaking. The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this section shall not be a condition of licensure.
131:9 New Section; Board of Psychologists; Rulemaking. Amend RSA 329-B by inserting after section 10 the following new section:
329-B:10-a Completion of Survey; Rulemaking. The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this section shall not be a condition of licensure.
131:10 New Section; Board of Mental Health Practice; Rulemaking. Amend RSA 330-A by inserting after section 10 the following new section:
330-A:10-a Completion of Survey; Rulemaking. The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this section shall not be a condition of licensure.
131:11 New Section; Board of Licensing for Alcohol and Other Drug Use Professionals; Rulemaking. Amend RSA 330-C by inserting after section 9 the following new section:
330-C:9-a Completion of Survey; Rulemaking. The board may adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey. Participation in the survey under this section shall not be a condition of licensure.
131:12 Effective Date. This act shall take effect upon its passage.
Approved: June 16, 2017
Effective Date: June 16, 2017