HB1530 (2018) Detail

Requiring criminal history records checks for applicants for allied health professional licensure or certification.


CHAPTER 250

HB 1530 - FINAL VERSION

 

6Mar2018... 0807h

05/02/2018   1778s

2018 SESSION

18-2689

10/04

 

HOUSE BILL 1530

 

AN ACT requiring criminal history records checks for applicants for allied health professional licensure or certification.

 

SPONSORS: Rep. H. Moffett, Merr. 9; Rep. Umberger, Carr. 2

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill adds a requirement for submission of criminal history records prior to licensure or certification by an allied health professional governing board.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

6Mar2018... 0807h

05/02/2018   1778s 18-2689

10/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT requiring criminal history records checks for applicants for allied health professional licensure or certification.

 

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

 

250:1  New Section; Allied Health Professionals; Criminal History Record Checks.  Amend RSA 328-F by inserting after section 18 the following new section:

328-F:18-a  Criminal History Record Checks.

I.  The board of directors shall require one of the following types of criminal background checks from applicants for initial licensure or certification, reinstatement of licensure or certification, or conditional licensure or certification:

(a)  An original criminal offender record report issued by each state where the applicant has resided or been licensed within the past 6 years; or

(b)  A criminal history record release form, as provided by the New Hampshire division of state police which authorizes the release of his or her criminal history record, if any, to the office of licensed allied health professionals.

(1)  The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety.  In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check.  If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office of licensed allied health professionals may, in lieu of the criminal history records check, accept police clearances described in subparagraph (a).

(2)  The office of licensed allied health professionals shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation.  Upon completion of the records check, the division of state police shall release copies of the criminal history records to the office of licensed allied health professionals.

II.  The office of licensed allied health professionals shall review the criminal record information prior to the respective governing board making a decision on licensure or certification and shall maintain the confidentiality of all criminal history records received pursuant to this section.

III.  The applicant shall bear the cost of all criminal history record checks.

IV.  The board shall consider military security clearance for an individual actively serving in any component of the Department of Defense in lieu of criminal background checks.

V.  Pending the results of a criminal history record check, an applicant for licensure may be employed in a profession of the allied health field on a conditional basis for up to 90 calendar days before the office of licensed allied health professionals receives the results of a criminal history record check required for licensure, if the conditional employee:

(a)  Is under the direct supervision of a licensee;

(b)  Has provided a written attestation to the employer and the board that no disqualifying criminal history exists; and

(c)  The allied health governing board is not a member of an interstate licensure compact.

250:2  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 12, 2018

Effective Date: August 11, 2018

Links

HB1530 at GenCourtMobile

Action Dates

Date Body Type
Feb. 1, 2018 House Hearing
Feb. 28, 2018 House Exec Session
House Floor Vote
March 6, 2018 House Floor Vote
April 11, 2018 Senate Hearing
May 2, 2018 Senate Floor Vote

Bill Text Revisions

HB1530 Revision: 4154 Date: June 16, 2018, 8:46 a.m.
HB1530 Revision: 3838 Date: May 11, 2018, 9:15 a.m.
HB1530 Revision: 3695 Date: May 2, 2018, 5:48 p.m.
HB1530 Revision: 3151 Date: March 8, 2018, 10:46 a.m.
HB1530 Revision: 1841 Date: Nov. 6, 2017, 2:24 p.m.

Docket

Date Status
Jan. 3, 2018 Introduced 01/03/2018 and referred to Executive Departments and Administration HJ 1 P. 14
Feb. 1, 2018 Public Hearing: 02/01/2018 01:30 PM LOB 306
Feb. 9, 2018 Subcommittee Work Session: 02/09/2018 01:00 PM LOB 306
Feb. 28, 2018 Executive Session: 02/28/2018 LOB 306
Committee Report: Ought to Pass with Amendment # 2018-0807h (Vote 19-0; CC)
March 6, 2018 Committee Report: Ought to Pass with Amendment # 2018-0807h for 03/06/2018 (Vote 19-0; CC) HC 9 P. 20
March 6, 2018 Amendment # 2018-0807h: AA VV 03/06/2018 HJ 6 P. 36
March 6, 2018 Ought to Pass with Amendment 0807h: MA VV 03/06/2018 HJ 6 P. 36
March 8, 2018 Introduced 03/08/2018 and Referred to Executive Departments and Administration; SJ 7
April 11, 2018 Hearing: 04/11/2018, Room 101, LOB, 09:00 am; SC 16
May 2, 2018 Committee Report: Ought to Pass with Amendment # 2018-1778s, 05/02/2018; SC 19
May 2, 2018 Committee Amendment # 2018-1778s, AA, VV; 05/02/2018; SJ 15
May 2, 2018 Ought to Pass with Amendment 2018-1778s, MA, VV; OT3rdg; 05/02/2018; SJ 15
May 10, 2018 House Concurs with Senate Amendment 1778s (Rep. McGuire): MA VV 05/10/2018
May 23, 2018 Enrolled (In recess 05/23/2018); SJ 18
May 23, 2018 Enrolled 05/23/2018
June 12, 2018 Signed by Governor Sununu 06/12/2018; Chapter 250; Eff. 8/11/2018