Revision: Dec. 20, 2017, 1:37 p.m.
SB 462-FN - AS INTRODUCED
2018 SESSION
18-2828
10/04
SENATE BILL 462-FN
AN ACT relative to occupational licensure, certification, or registration for persons with criminal records, and relative to license applicants for barbering, cosmetology, esthetics, and manicuring.
SPONSORS: Sen. Daniels, Dist 11
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill modifies the procedures for a person with a criminal conviction to apply for a license, certificate, or registration with a board or commission, and requires all occupational regulatory boards and commissions to revise administrative rules and propose statutory changes to comply with criminal conviction procedures. The bill also changes the qualifications for licensure for barbers, cosmetologists, manicurists, and estheticians.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2828
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Administration of Professional Boards and Commissions; Criminal Convictions. Amend RSA 332-G:10 to read as follows:
332-G:10 Criminal Conviction.
I. No board or commission shall disqualify a person from practicing, pursuing, or engaging in any occupation, trade, vocation, profession, or business for which a license, permit, certificate, or registration is required under this title, nor suspend or revoke such license, certificate, or registration because of a prior conviction of a crime in and of itself. However, a board or commission may deny a license or certificate, or the renewal of a license or certificate, or may suspend or revoke such license or certificate, because of a prior conviction [after considering the nature of the crime and whether there is] for a specific offense listed in the rules of the board or commission which has a substantial and direct relationship to the occupation, trade, vocation, or profession for which the person has applied[, and may consider information about the rehabilitation of the convicted person, and the amount of time that has passed since the conviction or release].
II. If an individual has a valid criminal conviction for a crime that would disqualify the individual from receiving a license, the disqualification shall not last longer than 5 years from the date of conviction provided that the conviction is not for a violent crime as defined in RSA 651:5, XIII and the individual has not been convicted of any other crime during the 5-year disqualification period.
III. An individual with a criminal record may petition a board or commission at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license, certificate, or registration. This petition shall include sufficient details on the individual's criminal record. The board or commission shall inform the individual of his or her standing within 30 days of receiving the petition. The board may charge a fee not to exceed $25 for each petition to recoup its costs.
IV. Each board or commission shall adopt necessary rules for the implementation of this section.
2 Proposed Statutory Revisions; Rulemaking; Report.
I. All boards and commissions shall propose revisions to their existing statutory requirements as needed to comply with the requirements of RSA 332-G:10 as amended by section 1 of this act. The boards and commissions shall make a report of such proposed legislation to the speaker of the house of representatives, the house clerk, the senate president, the senate clerk, and the governor within 120 days after the effective date of this act.
II. All boards and commissions shall, within 120 of the effective date of this act, propose and adopt revisions under RSA 541-A to their administrative rules to explicitly list the specific criminal records that would disqualify an applicant from receiving a license. Such rules shall only list disqualifying criminal records that are specific and directly related to the duties and responsibilities for the regulated occupation, trade, vocation, or profession.
III. Proposed statutory authority and administrative rules shall not use nonspecific terms including, but not limited to, "moral turpitude" and "good character," or consider arrests that are not followed by a valid conviction.
3 Barber; Qualifications. Amend RSA 313-A:10, I and II to read as follows:
I. In order to be issued a barber's license by the board, a person shall:
(a) [Be of good professional character;
(b)] Have completed [high school or its equivalent] the eighth grade;
[(c)] (b) Have received training [of:
(1) A minimum of 800 hours of training in a school of barbering approved by the board; or
(2) A minimum of 1,600 hours distributed over a period of at least 12 months under a licensed barber who has engaged in the practice of barbering within the state for at least 2 years] which shall not exceed 800 hours under a licensed barber or at a licensed barbering school through an apprenticeship approved by the board, the department of education, or the federal Department of Labor, or as otherwise permitted under state or federal law;
[(d)] (c) Pass an examination conducted by the board; and
[(e)] (d) Pay a fee established by the board.
II. An applicant not meeting the conditions of RSA 313-A:10, [I(b) through (c)] I(a) or (b) may petition the board for exemption. The board, acting under rules adopted under RSA 313-A:8, XVI, may grant the exemption.
4 Cosmetologist; Qualifications. Amend RSA 313-A:11 to read as follows:
313-A:11 Qualifications; Cosmetologists.
I. In order to be issued a cosmetologist's license by the board, a person shall:
(a) [Be of good professional character;
(b) ] Have completed [high school or its equivalent] the eighth grade;
[(c)] (b) Have received training[ of:
(1) A minimum of 1,500 hours of training in a school of cosmetology approved by the board; or
(2) A minimum of 3,000 hours distributed over a period of at least 18 months under a licensed cosmetologist who has engaged in the practice of cosmetology within the state for at least 2 years] which shall not exceed 1,500 hours under a licensed cosmetologist or at a licensed cosmetology school through an apprenticeship approved by the board, the department of education, or the federal Department of Labor, or as otherwise permitted under state or federal law;
[(d)] (c) Pass an examination conducted by the board; and
[(e)] (d) Pay a fee established by the board.
II. An applicant not meeting the conditions of RSA 313-A:11, [I(b) through (c)] I(a) or (b) may petition the board for exemption. The board, acting under rules adopted under RSA 313-A:8, XVI, may grant the exemption.
5 Manicurists; Qualifications. Amend RSA 313-A:12 to read as follows:
313-A:12 Qualifications; Manicurists. A person, to be issued a manicurist's license by the board, shall[, in addition to satisfying the requirements of RSA 313-A:11, I(a), (b), and (e)]:
I.(a) Have completed the eighth grade;
(b) Pay a fee established by the board; and
[I.] II.(a) Have completed a course of at least 300 hours of professional training in manicuring, in a school approved by the board and passed an examination conducted by the board; or
[II. Have satisfied the requirement set out in RSA 313-A:11, I(d) and, as an apprentice in a salon, received, in the opinion of the board, the equivalent of the course required under paragraph I]
(b) Have completed an apprenticeship approved by the board, the department of education, or the federal Department of Labor, or as otherwise permitted under state or federal law, which shall not exceed 300 hours in a licensed salon under a licensed manicurist, and passed an examination conducted by the board.
6 Estheticians; Qualifications. Amend RSA 313-A:13 to read as follows:
313-A:13 Qualifications; Estheticians.
I.(a) To be issued an esthetics license by the board, an applicant shall[, in addition to satisfying the requirements of RSA 313-A:11, I(a), (b), and (e),]:
(1) Have completed the eighth grade;
(2) Pay a fee established by the board; and
(b) Have completed a course of at least 600 hours of training in a school approved by the board and have passed an examination conducted by the board. An apprenticeship, which shall not exceed 600 hours, approved by the board, the department of education, or the federal Department of Labor, or as otherwise permitted under state or federal law, may substitute for the required training.
II. Estheticians who have practiced professionally in this state for a period of at least 3 years prior to July 1, 1989, and who have satisfied the requirements of [RSA 313-A:11, I(a), (b), and (e)] subparagraph I(a) and the training requirements of [this section] subparagraph I(b) shall not be required to take the examination [provided for in this section] to be eligible for licensure under this chapter.
III. Credit towards the hours requirement for esthetician training may be given to a licensed cosmetologist or barber for equivalent training in the cosmetology or barber program in a school approved by the board upon certification of the training by the school. Credit towards the hours requirement for esthetician training may be given to a licensed massage therapist for massage therapy training deemed equivalent by the board.
IV. Cosmetologists licensed by the board may obtain the training hours in subjects required by the board in increments at separate schools but must present certifications to the board for all required hours and curriculum subjects.
7 Effective Date. This act shall take effect 60 days after its passage.
18-2828
12/7/17
SB 462-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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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 | |||
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METHODOLOGY:
The Office of Professional Licensure and Certification indicates this bill would require the boards, within 120 days, to adopt rules regarding the process of licensing as it relates to prior criminal history. The Boards would be required to propose revisions to existing statutory requirements to comply with the requirements of this bill. Such proposed revisions shall be reported to the legislature. The bill also reduces the educational requirements and apprenticeship hours required to be licensed for barbering, cosmetology, esthetics and manicuring. The Office assumes there would be an increase in the number of licensees granted a license and paying fees, who would not be eligible for licensure under current law. The Office has no information on which to estimate the increase in license fee revenue or the additional staff expenditures for processing additional licenses.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification