Bill Text - SB334 (2018)

(Second New Title) relative to temporary licensure of allied health professionals from nearby states, and reciprocal and temporary licensure for occupations and professions for persons from other states.


Revision: May 8, 2018, 9:21 a.m.

SB 334-FN - AS AMENDED BY THE HOUSE

 

01/18/2018   0094s

02/22/2018   0610s

2May2018... 1607h

 

2018 SESSION

18-2809

10/05

 

SENATE BILL 334-FN

 

AN ACT relative to temporary licensure of allied health professionals from nearby states, and reciprocal and temporary licensure for occupations and professions for persons from other states.

 

SPONSORS: Sen. Kahn, Dist 10; Sen. Bradley, Dist 3; Sen. Hennessey, Dist 5; Rep. Hansen, Hills. 22; Rep. LeBrun, Hills. 32; Rep. Weber, Ches. 1; Rep. Campion, Graf. 12

 

COMMITTEE: Health and Human Services

 

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AMENDED ANALYSIS

 

This bill allows persons licensed for certain allied health professions in Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont to be granted a temporary license to practice in this state while applying for regular licensure.  The bill also requires boards and commissions of regulated occupations and professions to allow for reciprocal and temporary licensure for an applicant for full licensure for 120 days while awaiting a determination for such licensure.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

01/18/2018   0094s

02/22/2018   0610s

2May2018... 1607h 18-2809

10/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Eighteen

 

AN ACT relative to temporary licensure of allied health professionals from nearby states, and reciprocal and temporary licensure for occupations and professions for persons from other states.

 

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

 

1  New Paragraph; Allied Health Professionals; Rulemaking; Board of Directors; Temporary Licenses.  Amend RSA 328-F:13 by inserting after paragraph IV the following new paragraph:

V.  Procedures, forms, and fees for temporary licensure pursuant to RSA 328-F:18, VI.

2  New Paragraph; Allied Health Professionals; Temporary Licenses.  Amend RSA 328-F:18 by inserting after paragraph V the following new paragraph:

VI.  Occupational therapists, occupational therapist assistants, recreational therapists, speech pathologists, respiratory care practitioners, physical therapists, and physical therapist assistants from the states of Connecticut, Rhode Island, Massachusetts, Maine, New York, and Vermont, who are currently licensed, shall be eligible for temporary licensure for 120 days while the person makes application for licensure to the respective governing board under this chapter.  An applicant for temporary licensure to practice, who is currently licensed or certified in Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont, shall:

(a)  Hold an active unencumbered license; and

(b)  Have committed no acts or omissions which are grounds for disciplinary action in another jurisdiction, or, if such acts have been committed, would be grounds for disciplinary action.

3  New Section; Occupations and Professions; General Provisions; Reciprocal and Temporary Licenses.  Amend RSA 332-G by inserting after section 12 the following new section:

332-G:13  Reciprocal and Temporary Licenses.

I.  Any board or commission regulating an occupation or profession which is a member of an interstate licensure compact, or which has, in statute or by administrative rules, a procedure for reciprocity or temporary licensure for individuals from other states, need not comply with this section for any license or certificate issued by the board or commission.

II.  Any board or commission may determine that another state’s licensure is not comparable to New Hampshire’s in education, training, experience, or scope of practice, and if so shall publish this determination on its website.  An individual from such other state possessing such a license shall not be granted temporary or reciprocal licensure under this section.

III.  A person applying for a temporary license shall present to the office of professional licensure and certification:

(a)  A current equivalent license from another jurisdiction in the United States.

(b)  A statement of good standing from the licensing authority.

(c)  Authorization for a criminal history records check, if required.

(d)  A completed application.

(e)  A certification that the person has committed no acts or omissions which are grounds for disciplinary action in another jurisdiction, or, if such acts have been committed, would be grounds for disciplinary action.

(f)  Other information specifically required by the board.

(g)  Payment of a fee, not to exceed $100.

IV.  After verifying the completeness of the application and information under paragraph III, the office of professional licensure and certification shall issue a temporary license valid for 120 days.  No more than one temporary license shall be issued to any individual.

V.  The board or commission shall review the application and information, prior to the expiration date of the temporary license.  The board or commission shall issue a full-term New Hampshire license upon payment by the temporary license holder of the applicable license fee, unless the board or commission determines that the information shows that the individual does not qualify for such license.  If the disqualification is due to state requirements that are not comparable, this determination shall be published as provided in paragraph II.  Upon a determination of disqualification, the board or commission shall identify the disqualification in writing, which shall invalidate the temporary license.

4  Effective Date.  

I.  Section 3 of this act shall take effect January 1, 2019.

II.  The remainder of this act shall take effect 60 days after its passage.

 

LBAO

18-2809

Amended 5/3/18

 

SB 334-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2018-1607h)

 

AN ACT relative to temporary licensure of allied health professionals from nearby states, and reciprocal and temporary licensure for occupations and professions for persons from other states.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2019

FY 2020

FY 2021

FY 2022

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill allows for the temporary licensure of allied health professionals who are currently licensed in Connecticut, Rhode Island, Massachusetts, Maine, New York and Vermont.  Such temporary license will be valid for 120 days pending the completion of the regular license application process.  In addition, temporary licensure applicants will be required to pay a fee, not to exceed $100.   It exempts boards or commissions with interstate licensure compacts or reciprocal or temporary licensure provisions from compliance with this requirement.  Boards or commissions may determine if another state's licensure is not comparable to New Hampshire standards and shall publish such determination on its website.  Individuals from these states may not be granted temporary or reciprocal licensure.

 

The Office of Professional Licensure and Certification states the number of potential licensees this would attract to New Hampshire, increased additional possible license fees, and the number of extra part-time or full time staff and/or additional staff hours needed to administer the requirements of this legislation are indeterminable.

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification