HB373 (2017) Detail

Relative to rulemaking on forms for allied health professionals and relative to information on court cases concerning the validity of administrative rules.


CHAPTER 101

HB 373 - FINAL VERSION

 

8Mar2017... 0632h

2017 SESSION

17-0014

10/09

 

HOUSE BILL 373

 

AN ACT relative to rulemaking on forms for allied health professionals and relative to information on court cases concerning the validity of administrative rules.

 

SPONSORS: Rep. McGuire, Merr. 29

 

COMMITTEE: Executive Departments and Administration

 

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AMENDED ANALYSIS

 

This bill provides that application forms for allied health professionals be adopted as a rule by the board of directors of allied health professionals rather than by each governing board.  The bill also requires plaintiffs in Merrimack county superior court contesting the validity of a rule to provide notice to the office of legislative services, division of administrative rules, and for the respondent agency to file a copy of a final judgment with such office.  

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Mar2017... 0632h 17-0014

10/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to rulemaking on forms for allied health professionals and relative to information on court cases concerning the validity of administrative rules.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

101:1  New Paragraph; Allied Health Professionals; Rulemaking; Forms.  Amend RSA 328-F:13 by inserting after paragraph III the following new paragraph:

IV.  The design and content of application forms, which forms may require a notarized affidavit that the information provided in the application is complete and accurate.

101:2  Administrative Procedures Act; Remedies for Procedural Failures; Court Proceedings.  Amend RSA 541-A:23, IV to read as follows:

IV.  An action to contest the validity of a rule for noncompliance with any of the provisions of this chapter other than those listed in paragraph I shall be commenced within one year after the effective date of the rule.  Such actions shall be brought in the Merrimack county superior court.  The plaintiff shall give notice of the action to the office of legislative services, division of administrative rules, at the time of filing.  Upon receiving a judgment on the merits, the respondent agency or department shall also file a copy of that judgment with the office of legislative services, division of administrative rules.

101:3  Administrative Procedures Act; Declaratory Judgment; Court Proceedings.  Amend RSA 541-A:24 to read as follows:

541-A:24  Declaratory Judgment on Validity or Applicability of Rules.  The validity or applicability of a rule may be determined in an action for declaratory judgment in the Merrimack county superior court if it is alleged that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the plaintiff.  The agency shall be made a party to the action.  The plaintiff shall give notice of the action to the office of legislative services, division of administrative rules, at the time of filing. A declaratory judgment may be rendered whether or not the plaintiff has requested the agency to pass upon the validity or applicability of the rule in question. Upon receiving a declaratory judgment, the respondent agency or department shall also file a copy of that judgment with the office of legislative services, division of administrative rules.

101:4  Governing Boards; Rulemaking.  Amend RSA 328-F:11, I(f)  to read as follows:

(f)  The design and content of supplemental application forms requesting applicant information specific to the profession for which the applicant is applying, which forms may require a notarized affidavit that the information provided in the application is complete and accurate, and which do not request information already provided on forms adopted under RSA 328-F:13, IV.

101:5  Existing Rules and Forms Effective.  The existing rules and forms of the board of allied health professionals shall continue in effect and be valid for the respective governing boards until repealed or amended in accordance with applicable law.

101:6  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 08, 2017

Effective Date: August 07, 2017

Links

HB373 at GenCourtMobile

Action Dates

Date Body Type
Feb. 7, 2017 House Hearing
Feb. 23, 2017 House Exec Session
March 8, 2017 House Floor Vote
April 26, 2017 Senate Hearing
May 11, 2017 Senate Floor Vote

Bill Text Revisions

HB373 Revision: 216 Date: June 12, 2017, 9:12 a.m.
HB373 Revision: 217 Date: May 11, 2017, 1:48 p.m.
HB373 Revision: 218 Date: March 30, 2017, 9:17 a.m.
HB373 Revision: 219 Date: Jan. 30, 2017, 8:15 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to Executive Departments and Administration HJ 3 P. 12
Feb. 7, 2017 Public Hearing: 02/07/2017 11:30 AM LOB 306
Feb. 23, 2017 Executive Session: 02/23/2017 02:00 PM LOB 305-307
March 8, 2017 Committee Report: Ought to Pass with Amendment # 2017-0632h for 03/08/2017 (Vote 17-0; CC) HC 14 P. 12
March 8, 2017 Amendment # 2017-0632h: AA VV 03/08/2017 HJ 9 P. 24
March 8, 2017 Ought to Pass with Amendment 0632h: MA VV 03/08/2017 HJ 9 P. 24
March 9, 2017 Introduced 03/09/2017 and Referred to Executive Departments and Administration; SJ 9
April 26, 2017 Hearing: 04/26/2017, Room 101, LOB, 09:45 am; SC 19
May 11, 2017 Committee Report: Ought to Pass, 05/11/2017; Vote 5-0; CC; SC 22
May 11, 2017 Ought to Pass: MA, VV; OT3rdg; 05/11/2017; SJ 16
May 18, 2017 Enrolled (In recess 05/18/2017); SJ 18
May 18, 2017 Enrolled 05/18/2017 HJ 16 P. 9
June 8, 2017 Signed by Governor Sununu 06/08/2017; Chapter 101; Eff. 8/7/2017