Revision: June 12, 2017, 9:12 a.m.
CHAPTER 101
HB 373 - FINAL VERSION
8Mar2017... 0632h
2017 SESSION
17-0014
10/09
HOUSE BILL 373
SPONSORS: Rep. McGuire, Merr. 29
COMMITTEE: Executive Departments and Administration
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
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