Bill Text - HB1240 (2020)

(Second New Title) relative to the grounds for sexual assault and related offenses, establishing a special marriage officiant license, modifying requirements for renewal of pharmacy licenses, and relative to occupational licensure and the office of professional licensure and certification.


Revision: June 29, 2020, 4:53 p.m.

HB 1240 - AS AMENDED BY THE SENATE

 

11Mar2020... 0556h

06/29/2020   1603s

2020 SESSION

20-2513

05/06

 

HOUSE BILL 1240

 

AN ACT relative to the grounds for sexual assault and related offenses, establishing a special marriage officiant license, modifying requirements for renewal of pharmacy licenses, and relative to occupational licensure and the office of professional licensure and certification.

 

SPONSORS: Rep. Prudhomme-O'Brien, Rock. 6; Rep. Migliore, Graf. 9; Rep. Lang, Belk. 4; Rep. Marzullo, Hills. 2; Rep. B. Griffin, Hills. 6; Rep. Klein-Knight, Hills. 11

 

COMMITTEE: Criminal Justice and Public Safety

 

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AMENDED ANALYSIS

 

This bill:

 

I.  Amends the definition of sexual contact in the criminal sexual assault statutes.

 

II.  Expands the elements of the crime of felonious sexual assault and aggravated sexual assault to include sexual contact between school employees and students, and to include circumstances when the actor is in a position of authority over a victim who is between 13 and 18 years of age.

 

III.  Establishes a special marriage officiant license to temporarily authorize an individual to solemnize a marriage.  A portion of the license fee shall be deposited in the fund for domestic violence programs.

 

IV.  Modifies requirements for renewal of pharmacy licenses.

 

V.  Expands the professions in the allied health governing boards which grant temporary licensure to licensees from other states.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

11Mar2020... 0556h

06/29/2020   1603s 20-2513

05/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the grounds for sexual assault and related offenses, establishing a special marriage officiant license, modifying requirements for renewal of pharmacy licenses, and relative to occupational licensure and the office of professional licensure and certification.

 

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

 

1  Sexual Assault and Related Offenses; Definition of Sexual Contact.  Amend RSA 632-A:1, IV to read as follows:

IV.  "Sexual contact" means the intentional touching whether directly, through clothing, or otherwise, of the victim's or actor's sexual or intimate parts, including emissions, tongue, anus, breasts, and buttocks.  Sexual contact includes only that aforementioned conduct which can be reasonably construed as being for the purpose of sexual arousal or gratification or the humiliation of the person being touched.

2  New Paragraph; Sexual Assault and Related Offenses; Definition of Student Added.  Amend RSA 632-A:1 by inserting after paragraph V the following new paragraph:

V-a.  "Student" means an individual who is enrolled or participating in any class or program from preschool through grade 12, or any “adult student” as defined in department of education rules at any school or education institution, except as otherwise provided in the New Hampshire Rules for the Education of Children with Disabilities.

3  Aggravated Felonious Sexual Assault.  Amend RSA 632-A:2, I(k) to read as follows:

(k)(1)  When, except as between legally married spouses, the victim is 13 years of age or older and under 18 years of age and the actor is in a position of authority over the victim [and uses this authority to coerce the victim to submit] and is more than 4 years older than the victim.

(2)  When the actor is an employee, contractor, or volunteer at a primary or secondary educational institution and the victim is a student and up to 10 months after the student’s graduation or departure.  

(3)  Consent of the victim under any of the circumstances set forth in subparagraph (k) shall not be considered a defense.

4  Felonious Sexual Assault.  Amend RSA 632-A:3, III to read as follows:

III.(a)  Engages in sexual contact with a person:

(1)  Other than his or her legal spouse who is under 13 years of age.

(2)  Thirteen years of age or older and under 18 years of age when the actor is in a position of authority over the victim and is more than 4 years older than the victim.

(3)  When the actor is an employee, contractor, or volunteer at a primary or secondary educational institution and the victim is a student and up to 10 months after the student’s graduation or departure.

(b)  Consent of the victim under any of the circumstances set forth in subparagraph (a) shall not be considered a defense.  

5  Repeal.  The following are repealed:

I.  RSA 632-A:3, IV(c), relative to a definition of sexual contact for purposes of the crime of felonious sexual assault.

II.  RSA 632-A:4, III(c), relative to a definition of sexual contact for purposes of the crime of sexual assault.

6  New Section; Solemnization of Marriage; Special Marriage Officiant License.  Amend RSA 457 by inserting after section 32-a the following new section:

457:32-b  Special Marriage Officiant License.

I.  The secretary of state may issue a special marriage officiant license, which shall temporarily authorize an individual to solemnize a marriage in this state.  Any individual who applies for the special marriage officiant license shall register with the secretary of state, complete the registration form prescribed by the secretary of state, and submit an $85 fee to the department of state.  The secretary of state shall forward $80 of the fee to the department of health and human services for deposit in the fund for domestic violence programs, established in RSA 173-B:15, and shall retain the remainder of the fee for administrative costs associated with issuance of the license.

II.  Upon registration as a special marriage officiant, the individual shall be authorized to solemnize only the civil marriage designated on the registration form and shall receive proof of such authority from the secretary of state.  The individual's authority to solemnize the marriage shall expire at the same time as the corresponding license.

7  Pharmacy Board; Permit; Fees.  Amend RSA 318:38, II to read as follows:

II.  All pharmacy permits shall expire when there is a change of ownership of the pharmacy or at midnight on December 31 biennially in each odd-numbered year for odd-numbered licenses or on December 31 of each even-numbered year for even-numbered licenses.  Every pharmacy that wishes to continue to operate as such shall renew its permit no later than December [15 biennially in odd-numbered years] 31 of the renewal year according to license number or immediately when the permit expires for any other reason.  It shall be deemed a violation of the provisions of this chapter for any pharmacy to be open or operated beyond the expiration date of its permit.

8  New Section; Office of Professional Licensure and Certification.  Temporary Licensing Process.  Amend RSA 310-A by inserting after section 1-e the following new section:

310-A:1-f  Temporary Licensing Process; Rulemaking.  Notwithstanding any other state law to the contrary, the office of professional licensure and certification shall be authorized to issue temporary licenses to out-of-state health care professionals who present evidence of an active license in good standing from another jurisdiction, in accordance with rules adopted by executive director of the office of professional licensure and certification under RSA 541-A.  The rules shall contain the following provisions:

I.  Health care professionals shall be defined as those individuals licensed by the boards, councils, and commissions within the division of health professions as set forth in RSA 310-A:1-a, II, with the exception of those licensed pursuant to RSA 314, RSA 314-A, RSA 313, RSA 328-B, and RSA 328-H.  

II.  The temporary licenses shall be valid for 120 days, or until the board, council, or commission takes action on an application for full licensure, whichever happens first.

III.  All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.

9  Findings; Electronic Signatures.  On May 19, 2020, in response to the COVID-19 State of Emergency, Governor Sununu issued Exhibit H to Emergency Order #29.  Exhibit H requires all boards, councils, or commissions administered by the office of professional licensure and certification to accept electronic signatures or scans of signed documents in addition to original signatures.

10  New Paragraph; Electronic Signatures.  Amend RSA 310-A:1-d by inserting after paragraph II the following new paragraph:

III.  Notwithstanding any other provisions of law to the contrary, for the performance of the administrative, clerical, and business processing responsibilities under paragraph II(b), all boards, councils, or commissions shall accept electronic signatures and scans of signed documents in addition to original signatures.

11  Allied Health Professionals; Temporary Licensure.  Amend the introductory paragraph of RSA 328-F:18, VI to read as follows:

VI.  Occupational therapists, occupational therapist assistants, recreational therapists, speech pathologists, respiratory care practitioners, athletic trainers, genetic counselors, 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.  Temporary licensure shall not apply to an allied health governing board that is a member of an interstate licensure compact. An applicant for temporary licensure to practice, who is currently licensed or certified in Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont, shall:

12  Effective Date.

I.  Sections 1-5 of this act shall take effect January 1, 2021.

II.  Sections 6 and 11 of this act shall take effect 60 days after its passage.

III.  The remainder of this act shall take effect upon its passage.