HB1367 (2020) Detail

Relative to out-of-state applicants occupational licensure or certification.


HB 1367 - AS INTRODUCED

 

 

2020 SESSION

20-2625

10/01

 

HOUSE BILL 1367

 

AN ACT relative to out-of-state applicants occupational licensure or certification.

 

SPONSORS: Rep. Harrington, Straf. 3

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill modifies the procedures for out-of-state applicants for professional licensure or certification to be issued a license or certificate in this state, allows for appeals of decisions, and provides for licensure or certification based on work experience and private certification.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2625

10/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to out-of-state applicants occupational licensure or certification.

 

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

 

1  Occupational Regulation; Out-of-state Applicants.  Amend RSA 332-G:14 to read as follows:

332-G:14  Reciprocal and Temporary Licenses or Certifications.

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 or certification 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 or certification shall not be granted temporary or reciprocal licensure or certification under this section, except as provided in paragraphs VII and VIII.

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

(a)  A current equivalent license or certification from another jurisdiction in the United States held for at least one year.

(b)  A statement of good standing from the licensing or certifying 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 as negligence or intentional misconduct related to the person's profession in another jurisdiction, or, if such acts have been committed, would be grounds for disciplinary action, or has surrendered his or her license or certification because of such acts.

(f)  The person does not have a complaint, allegation, or investigation pending before another regulating entity in another state or country that relates to unprofessional conduct.  If an applicant has any complaints, allegations, or investigations pending, the office of professional licensure and certification and the respective board or commission shall suspend the application process and may not issue or deny a license or certification to the applicant until the complaint, allegation, or investigation is resolved.

(g)  Other information specifically required by the board.

[(g)] (h)  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 or certification valid for [120] 60 days.  No more than one temporary license or certification 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 or certification.  The board or commission shall issue a full-term New Hampshire license or certification upon payment by the temporary license holder or certificate 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 or certification.  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 or certification.

VI.  A board or commission that administers an examination on laws of this state as part of its license or certificate application requirement may require an applicant to take and pass an examination on the laws of this state.

VII.  Notwithstanding any other provision of law to the contrary, the board or commission shall issue an occupational license or certification to a person upon application based on work experience in another state, if all the following apply:

(a)  The person worked in a state that does not use an occupational license or certification to regulate a lawful occupation, but New Hampshire requires an occupational license or certification to regulate a lawful occupation with a similar scope of practice, as determined by the board or commission;

(b)  The person worked for at least 3 years in the lawful occupation; and

(c)  The person satisfies the requirements of subparagraphs III(c) through (h).

VIII.(a)  Notwithstanding any other provision of law to the contrary, the board shall issue an occupational license or certification to a person based on holding a private certification and work experience in another state, if all the following apply:

(1)  The person holds a private certification and worked in a state that does not use an occupational license or certification to regulate a lawful occupation, but New Hampshire uses an occupational license or certification to regulate a lawful occupation with a similar scope of practice, as determined by the board;

(2)  The person worked for at least 2 years in the lawful occupation;

(3)  The person holds a current and valid private certification in the lawful occupation;

(4)  The private certification organization holds the person in good standing; and

(5)  The person satisfies the requirements of subparagraphs III(c) through (h).

(b)  In this paragraph, “private certification” means a voluntary program in which a private organization grants nontransferable recognition to an individual who meets personal qualifications and standards relevant to performing the occupation as determined by the private organization.  The individual may use the designated title of “certified,” as permitted by the private organization.

IX.(a)  Nothing in this section shall be construed to prevent this state from recognizing occupational credentials issued by a private certification organization, foreign province, foreign country, international organization, or other entity.

(b)  Nothing in this section shall be construed to require a private certification organization to grant or deny private certification to any individual.

X.  A person applying for licensure or certification under this section may appeal a board's or commission's denial or determination made under this section to a court of competent jurisdiction.

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

Links

HB1367 at GenCourtMobile
HB1367 Discussion

Action Dates

Date Body Type
Jan. 28, 2020 House Hearing
March 3, 2020 House Exec Session
Sept. 15, 2020 House Exec Session
House Floor Vote

Bill Text Revisions

HB1367 Revision: 7001 Date: Dec. 2, 2019, 3:18 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Executive Departments and Administration HJ 1 P. 19
Jan. 28, 2020 Public Hearing: 01/28/2020 11:00 am LOB 306
Feb. 25, 2020 Subcommittee Work Session: 02/25/2020 01:00 pm LOB 306
March 3, 2020 Executive Session: 03/03/2020 01:00 pm LOB 306
Committee Report: Refer for Interim Study (Vote 18-0; CC)
March 11, 2020 Committee Report: Refer for Interim Study for 03/11/2020 (Vote 18-0; CC) HC 10 P. 16
March 11, 2020 Refer for Interim Study: MA VV 03/11/2020 HJ 7 P. 26
Sept. 15, 2020 Full Committee Work Session: 09/15/2020 02:00 pm Members of the public may attend using this link: : https://www.zoom.us/j/95529579162 - Executive Session to Follow
Interim Study Report: Recommended for Future Legislation (Vote 16-0)