HB 586-FN - FINAL VERSION
HOUSE BILL 586-FN
AN ACT relative to the regulation of certain professions by the office of professional licensure and certification.
SPONSORS: Rep. P. Schmidt, Straf. 19; Rep. Patten, Merr. 17
COMMITTEE: Executive Departments and Administration
This bill makes various changes to the licensure and regulation of body art practitioners, electrologists, massage therapists, and ophthalmic dispensers, including establishing a facility license for body piercing, branding, or tattooing facilities.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/20/2017 1312s 17-0364
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:
II. The division of health professions shall consist of each of the boards, councils, [and] commissions, and practices of:
III. “Executive director” means the executive director of the office of professional licensure and certification.
II. The fee for an initial license and a renewal license shall be $110. The license shall be renewed biennially on [or before June 30] the last day of the licensee’s birth month in odd-numbered years upon payment of the $110 renewal fee.
III. Licenses shall be issued to any person who:
(a) Makes application on a form prescribed by the [commissioner] executive director;
(b) Makes payment of fees required under RSA 314-A:6, III;
(c) Has been practicing body piercing, branding, or tattooing in an establishment, under the supervision of a person practicing body piercing, branding, or tattooing in compliance with the applicable statutes and rules of the state for not less than 3 years. Out-of-state applicants shall provide proof of at least 3 years experience as a licensed practitioner in another state; and
(d) Has completed a course approved by the [department] executive director in methods and techniques for the proper sterilization of instruments and materials used in body piercing, branding, or tattooing.
314-A:6 Rulemaking. The [commissioner] executive director shall adopt rules, under RSA 541-A, relative to the practice of body piercing, branding, and tattooing and the licensure and operations of tattoo and body piercing [establishments] facilities. Such rules shall include:
II. Fail to comply with any rule adopted pursuant to this chapter, order of the [commissioner] executive director, or any other provision of this chapter.
144:6 Body Art; License Revocation or Suspension. Amend RSA 314-A:9 to read as follows:
314-A:9 License Revocation or Suspension. After notice and hearing the [commissioner] executive director may revoke or suspend any license issued under this chapter if the licensee:
I. Violates any provision of this chapter or rule or order adopted or issued under it[;].
II. Knowingly makes any false statement on any application or any report required by the [commissioner; or] executive director.
III. Fails to respond to any lawful inquiry of the[commissioner] executive director.
IV. Is under a suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.
314-A:10 Administrative Fines. The [commissioner] executive director, after notice and hearing pursuant to rules adopted under RSA 541-A, may impose fines upon any person who violates any provision of this chapter or rules adopted pursuant to this chapter, in an amount not to exceed $2,000. Rehearings and appeals from a decision of the [commissioner] executive director shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative fines under this chapter.
314-A:11 Actions by [Department] the Executive Director. The [department] executive director may, in accordance with applicable law, maintain an action in the name of the state against any person, partnership, association, or corporation for practicing body piercing, marking, branding, or tattooing or operating an establishment in which these activities are conducted within the meaning of this chapter without first obtaining a license. In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, practice or operate an establishment without having a license to do so, without averring any further or more particular facts concerning the same.
314-A:14 Advisory Board of Body Art Practitioners. The executive director shall establish the advisory board of body art practitioners. The board shall consist of 3 body art practitioners who are licensees in the state of New Hampshire. Each member shall be appointed to a term of 3 years. No member shall serve more than 2 consecutive full terms. Each member of the advisory board shall receive as compensation the sum of $45 for each day actually devoted to the work of the advisory board and shall be reimbursed for necessary traveling expenses incurred in the discharge of such duty. The advisory board shall:
I. Review the qualifications and requirements of applicants for licensure.
II. Review the disinfection and sterilization requirements for licensees.
III. Review the continuing education requirements for licensees.
IV. Advise the executive director regarding the implementation of this chapter.
XVIII. Office inspections for [new] licensees.
144:10 Electrologists; Definitions. Amend RSA 314:1, V to read as follows:
V. "Office'' means the place of business kept open solely for the business of electrology, or where equipment and facilities for the practice of electrology for compensation are available, as may be authorized by the [department] executive director.
144:11 Electrologists; Fees. Amend RSA 314:10, II to read as follows:
II. Fees collected shall be appropriated to the [department] office of professional licensure and certification and used to carry out the provisions of this chapter.
I. "Applicant'' means a person who has submitted to the [commissioner] executive director an application for a license pursuant to this chapter.
III. Fail to comply with an order of the [commissioner] executive director issued pursuant to this chapter.
IV. Fail to comply with a rule adopted by the [commissioner] executive director pursuant to this chapter.
I. The [commissioner] executive director shall issue a temporary license to any person who has attended a massage therapy program in another state who does not currently meet the requirements for licensure, provided that he or she:
(a) Is at least 21 years of age on the date of the application;
(b) [Submits documentation of New Hampshire residency;
(c)] Has met the requirements of RSA 328-B:6, I(a) and (c);
[(d)] (c) Has completed a massage therapy program with a minimum of 500 educational hours; and
[(e)] (d) Provides documentation of practicing as a massage therapist in another state for at least [3 of the preceding 5 years] one year.
328-B:6 License Issuance; Reciprocity.
I. The [commissioner] executive director shall issue a massage therapist's license to each qualified applicant who:
(a) Submits the required application form and $110 licensing fee.
(b) Is at least 18 years of age on the date of the application.
(c) Has not been convicted in New Hampshire or in any other state of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime.
(d) Submits written evidence of being in good mental and physical health.
III. Except for the requirements of subparagraphs I(b) and (c) of this section, the [commissioner] executive director may waive any requirements for licensure for any applicant for a massage therapist's license who, on the date of application hereunder, holds a valid license issued by any other state or country, but only if the other licensing body's requirements are substantially equivalent to or not less than the requirements under this chapter.
328-B:7 License Renewal. All licenses issued pursuant to this chapter shall [be renewed biennially on or before June 30] expire on the last day of the birth month of the licensee in the even-numbered year, upon approval of the [commissioner] executive director of the renewal application and submission of the required $110 renewal fee.
328-B:8 License Revocation or Suspension. After notice and opportunity for hearing, as provided for under RSA 541-A, the [commissioner] executive director may revoke or suspend any license issued pursuant to this chapter if the licensee:
I. Violates this chapter or any rule or order adopted or issued under it;
II. Knowingly makes any false statement regarding the application or license or in any report the [commissioner] executive director requires to be made;
III. Fails to respond to any lawful inquiry of the [commissioner] executive director; or
IV. Is convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime or a crime involving moral turpitude.
328-B:12 Injunctive Relief. The practice of massage by a person without a license issued under this chapter or whose license has been suspended or revoked, or has expired is declared to be a danger to the public health and welfare. In addition to any other civil, criminal, or disciplinary remedy, the attorney general, the [commissioner] executive director, the prosecuting attorney of any county or municipality where the person is practicing or purporting to accordance with the laws of this state, maintain an action to enjoin that person from practicing massage until such person secures a valid license. An injunction without bond is available to the [commissioner] executive director for enforcement of this chapter.
144:17 References Amended; Ophthalmic Dispensing; Executive Director. Amend the following RSA provisions by replacing the word "commissioner" with "executive director": 327-A:3; 327-A:9, introductory paragraph; 327-A:9, V; 327-A:10; 327-A:11, I; 327-A:14.
Approved: June 16, 2017
Effective Date: August 15, 2017
|Feb. 21, 2017||House||Hearing|
|March 1, 2017||House||Exec Session|
|March 8, 2017||House||Floor Vote|
|April 5, 2017||Senate||Hearing|
|April 20, 2017||Senate||Floor Vote|
June 16, 2017: Signed by Governor Sununu 06/16/2017; Chapter 144; Eff. 8/15/2017
June 1, 2017: Enrolled 06/01/2017 HJ 17 P. 127
May 31, 2017: Enrolled (In recess 05/31/2017); SJ 19
May 18, 2017: House Concurs with Senate Amendment 1312s (Rep. McGuire): MA VV 05/18/2017 HJ 16 P. 6
April 20, 2017: Ought to Pass with Amendment 2017-1312s, MA, VV; OT3rdg; 04/20/2017; SJ 14
April 20, 2017: Committee Amendment # 2017-1312s, AA, VV; 04/20/2017; SJ 14
April 20, 2017: Committee Report: Ought to Pass with Amendment # 2017-1312s, 04/20/2017; Vote 5-0; CC; SC 19
April 5, 2017: Hearing: 04/05/2017, Room 101, LOB, 09:00 am; SC 17
March 9, 2017: Introduced 03/09/2017 and Referred to Executive Departments and Administration; SJ 9
March 8, 2017: Ought to Pass with Amendment 0688h: MA VV 03/08/2017 HJ 9 P. 28
March 8, 2017: Amendment # 2017-0688h: AA VV 03/08/2017 HJ 9 P. 28
March 8, 2017: Committee Report: Ought to Pass with Amendment # 2017-0688h for 03/08/2017 (Vote 20-0; CC) HC 14 P. 14
March 1, 2017: Executive Session: 03/01/2017 01:00 PM LOB 306
Feb. 21, 2017: ==RESCHEDULED== Public Hearing: 02/21/2017 10:00 AM LOB 306
Feb. 15, 2017: ==CANCELLED== Public Hearing: 02/15/2017 10:00 AM LOB 306
Jan. 5, 2017: Introduced 01/05/2017 and referred to Executive Departments and Administration HJ 3 P. 20