Revision: Jan. 26, 2017, 8:18 a.m.
HB 538-FN - AS INTRODUCED
2017 SESSION
17-0398
10/03
HOUSE BILL 538-FN
SPONSORS: Rep. Kurk, Hills. 2
COMMITTEE: Executive Departments and Administration
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This bill allows persons holding an occupational or professional license granted in another state or country to be temporarily licensed in this state for a 120-day period awaiting approval or denial of licensure by the relevant board or commission.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0398
10/03
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:
1 New Section; Occupations and Professions; General Administration; Reciprocal Licenses. Amend RSA 332-G by inserting after section 11 the following new section:
332-G:12 Temporary Licensure of Out-of-State Practitioners.
I.(a) Notwithstanding any contrary provision of a board or commission, as defined in RSA 332-G:1, beginning January 1, 2018 a person who has sufficient understanding of English and holds a license to practice an occupation or profession issued in another state or country, where such occupation or profession is regulated in this state by a board or commission, may apply to the relevant board or commission for licensure in this state and have such application granted or denied within 120 days of the receipt of the application.
(b) During such period of review of the application by the board or commission, the applicant may be employed in this state and engaged in the regulated occupation or profession subject to the acceptance and responsibility of the employee by the employer for the qualification of the employee, provided such employee upon being employed submits within 7 days of employment a completed application in English to the relevant board or commission.
II. The temporary licensure in paragraph I shall be invalid if the board or commission for a specific licensed occupation or profession determines, after a public hearing, that a substantial difference exists in the licensure requirements of the other state or country of licensure versus this state and that such difference would very likely result in a significant impairment in the public health of this state were the occupational or professional license to be recognized by this state. If no such determination has been made at the time an applicant requests temporary licensure, the relevant board or commission may issue a license to a qualified applicant.
III. A completed application shall be acted on by the board or commission within 120 days of its receipt provided that the request is accompanied by sufficient documentation in English to allow the relevant board or commission to make the required determination. The board or commission may grant or deny a license according to criteria of competence for licensure under its regulated occupation or profession. The nature of the required documentation shall be established by a board or commission through rules adopted by the board or commission under RSA 541-A. A board or commission shall not request unnecessary or unreasonable documentation and shall not unreasonably delay acting on an application for licensure within the 120-day period.
IV. A completed application properly submitted with 7 days of employment that is not acted on by the board or commission within the 120-day period shall be deemed granted and the applicant shall be licensed for the occupation or profession in which he or she is engaged.
V. Each board or commission taking any action or receiving any applications pursuant to this section shall report to the speaker of the house of representatives, the senate president, the governor, and the chairpersons of the relevant legislative policy committees, every year on or before the first day of February, the number of applications received, the number of days from the date of receipt of each application to the date of decision, the number of licenses granted, and the number of applications denied.
2 Effective Date. This act shall take effect 60 days after its passage.
17-0398
1/12/17
HB 538-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable |
Expenditures | $0 | $0 | $0 | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $0 | $0 | $0 |
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LOCAL: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $0 | $0 | $0 |
METHODOLOGY:
This bill allows persons holding an occupational or professional license issued in another state or country to be temporarily licensed in this state for 120 days while awaiting approval or denial of licensure by the relevant board or commission. A completed application properly submitted within 7 days of employment that is not acted upon by the relevant board or commission within the 120 day waiting period shall be deemed granted and the applicant shall be licensed for the specific occupation or profession. The Office of Professional Licensure states that the licensing process of completed applications generally does not exceed 120 days. The amount of unrestricted revenue gained by out-of-state professionals who would otherwise not seek licensure in this state is indeterminable.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification