HB1520 (2020) Detail

(New Title) establishing the New Hampshire health professionals' program administration fund and making an appropriation therefor, and relative to state board of education rulemaking regarding criminal history records checks.


HB 1520 - VERSION ADOPTED BY BOTH BODIES

 

12Mar2020... 0953h

06/29/2020   1581s

2020 SESSION

20-2490

01/05

 

HOUSE BILL 1520

 

AN ACT establishing the New Hampshire health professionals' program administration fund and making an appropriation therefor, and relative to state board of education rulemaking regarding criminal history records checks.

 

SPONSORS: Rep. Knirk, Carr. 3; Rep. Indruk, Hills. 34; Rep. Woods, Merr. 23; Rep. Fargo, Straf. 14; Rep. Weston, Graf. 8; Sen. Hennessey, Dist 5

 

COMMITTEE: Health, Human Services and Elderly Affairs

 

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AMENDED ANALYSIS

 

This bill establishes the New Hampshire health professionals' program administration fund.  The bill also requires the state board of education to adopt rules requiring criminal background checks for first-time applicants to certain educational personnel positions.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12Mar2020... 0953h

06/29/2020   1581s 20-2490

01/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing the New Hampshire health professionals' program administration fund and making an appropriation therefor, and relative to state board of education rulemaking regarding criminal history records checks.

 

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

 

1  New Paragraph; Office of Professional Licensure and Certification; Fees; Fund Established.  Amend RSA 310-A:1-e by inserting after paragraph I the following new paragraph:

I-a.  There is hereby established a nonlapsing fund to be known as the New Hampshire health professionals' program administration fund for the administration of the professionals' health program, including the professionals' health program in RSA 329:13-b, the alternative recovery monitoring program in RSA 326-B:36-a, and the impaired pharmacist program set forth in RSA 318:29-a, with a fee charged to licensees per year at the time of licensure renewal for the board of medicine, board of dental examiners, pharmacy board, board of nursing, board of veterinary medicine, board of psychologists, board of chiropractic examiners, board of mental health practice, midwifery council, board of registration in optometry, board of podiatry, licensed dietitians, and board of licensing for alcohol and other drug use professionals, not to exceed 125 percent of the actual cost of providing the services.  Other health and technical professions boards may be added to program at the same annual fee per licensee.  The moneys in this fund shall be continually appropriated to the office.

2  New Subparagraph; Application of Receipts.  Amend RSA 6:12, I(b) by inserting after subparagraph (358) the following new subparagraph:

(359)  Moneys deposited in the New Hampshire health professionals' program administration fund established in RSA 310-A:1-e, I-a.

3  Department of Education; Rulemaking.  Amend RSA 21-N:9, II(s) to read as follows:

(s)  [Certification] License standards for educational personnel, to include the establishment and implementation of a secure system for conducting criminal background checks pursuant to RSA 189:13-a for all first-time applicants listed in this section, and educator certification fees for granting [credentials] licenses to educational personnel, including teachers, paraprofessionals, superintendents, assistant superintendents, special education administrators, business administrators, principals, vocational directors, coordinators of comprehensive health education and services, directors of pupil personnel services, guidance directors, guidance counselors, school psychologists, associate school psychologists, speech-language specialists, social workers, health educators, physical education teachers, consumer and family science teachers, elementary teachers, specialists in assessment of intellectual functioning, media supervisors, media generalists, and master teachers as authorized by RSA 186:8 and RSA 186:11, X, professional [credentials] licenses including beginning educator [credentials] licenses, experienced educator [credentials] licenses, and intern [licenses] authorizations, and other classifications of educators, administrators, specialists, and paraprofessionals necessary to address educational needs as determined by the state board upon the recommendation of the professional standards board pursuant to RSA 186:60.

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

 

LBAO

20-2490

Amended 7/10/20

 

HB 1520- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2020-1581s)

 

AN ACT establishing the New Hampshire health professionals' program administration fund and making an appropriation therefor, and relative to state board of education rulemaking regarding criminal history records checks.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$0

$0

$0

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - New Hampshire Health Professionals Program Administration Fund (RSA 310-A:1-e, I-a and Office of Professional Licensure and Certification Fund (RSA 310-A:1-e, I(b)

 

METHODOLOGY:

This bill as amended creates the non-lapsing continually appropriated New Hampshire Health Professionals Program Administration Fund to be administered by the Office of Professional Licensure and Certification (OPLC).  The fund shall cover the administrative expenses associated with the existing Professionals Health Program (RSA 329:13-b), the Alternative Recovery Monitoring Program (RSA 326-B:36-a), and the Impaired Pharmacist Program (RSA 318:29-a) "with a fee charged to licensees per year at the time of licensure renewal for the board of medicine, board of dental examiners, pharmacy board, board of nursing, board of veterinary medicine, board of psychologists, board of chiropractic examiners, board of mental health practice, midwifery council, board of registration in optometry, board of podiatry, licensed dietitians, and board of licensing for alcohol and other drug use professionals, not to exceed 125 percent of the actual cost of providing the services.  Other health and technical professions boards may be added to [the] program at the same annual fee per licensee."

 

Since its establishment in 2015, the OPLC has paid for the contracted service of a PHP provider for the boards authorized in statute to utilize these services.  In FY 2020, the OPLC had a contract in place with a PHP provider ("the prior contract").  This contract cost OPLC $450,000.  The prior contract covered only five boards: the Board of Medicine, the Board of Nursing, the Board of Pharmacy, the Board of Dental Examiners, and the Board of Veterinary Medicine.  The Boards, with the exception of the Board of Veterinary Medicine, all have had separate statutory provisions authorizing them to contract with a PHP through the statutory provision and fees to licensees for such services are explicitly set in statute or authorized through the administrative rulemaking process.  However, only the Board of Pharmacy currently allocates $15 of each pharmacist renewal fee towards paying for the PHP.  This allocation is pursuant to administrative rule Ph 401.02(d) that was last updated prior to the creation of the OPLC.  The Board of Veterinary Medicine (BOVM) has contracted with a PHP since at least 2013, even without specific statutory language.  BOVM was transferred to the OPLC from the Department of Agriculture, Markets and Food in October 2019 and the Board was included in the prior contract for cost savings to the state under a single contract.

 

The OPLC indicates the proposed FY 2021 contract expands the eligible professions that will have access to the PHP provider.  The contracted annual cost of these services is $542,000 and covers 75,500 licensee, and is set to be reviewed and offered for approval by the Governor and Council on July 15, 2020 and retroactive to July 1, 2020.  This contract provides that the comprehensive professionals health program include the identification, intervention, assessment, referral, and monitoring of licensed professionals affected by substance use disorders, behavioral or mental health conditions impacting their works, health or well-being including burnout, moral injury, depression, physical illness, suicide, professionalism complaints or lapses and personal tragedy for all the listed licensees.  The contract provides that the program is available to all the same providers as listed in the bill as amended and all those seeking licensure, as well as technical professionals boards that have entered into an agreement to provide the program's services at the established fee per licensee.  

 

The bill as amended grants OPLC the authority to set the license fees in rule to cover these same costs and such fees are unknown at this time.  The OPLC anticipates a sliding fee scale may be necessary to account for the range of license fees and participation rate of the different professions.  Any contracted funds designated for the program that are supplanted by the fees adopted via administrative rules shall lapse to the general fund pursuant to RSA 310-A:1-e, I(b).

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification

 

Links

HB1520 at GenCourtMobile
HB1520 Discussion

Action Dates

Date Body Type
Jan. 30, 2020 House Hearing
Feb. 5, 2020 House Hearing
Feb. 18, 2020 House Exec Session
March 3, 2020 House Exec Session
House Floor Vote
March 11, 2020 House Floor Vote
June 25, 2020 Senate Hearing
June 25, 2020 Senate Hearing
Senate Hearing
June 29, 2020 Senate Floor Vote

Bill Text Revisions

HB1520 Revision: 8520 Date: Aug. 26, 2020, 11:13 a.m.
HB1520 Revision: 8476 Date: Aug. 25, 2020, 2:10 p.m.
HB1520 Revision: 8550 Date: July 20, 2020, 3:16 p.m.
HB1520 Revision: 8407 Date: March 16, 2020, 1 p.m.
HB1520 Revision: 7125 Date: Dec. 3, 2019, 10:49 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Health, Human Services and Elderly Affairs HJ 1 P. 25
Jan. 30, 2020 Public Hearing: 01/30/2020 01:30 pm LOB 205
Feb. 5, 2020 Public Hearing: 02/05/2020 01:45 pm LOB 202
Feb. 18, 2020 ==RECESSED== Executive Session: 02/18/2020 01:00 pm LOB 205
March 3, 2020 ==CONTINUED== Executive Session: 03/03/2020 10:00 am LOB 205
Majority Committee Report: Ought to Pass with Amendment # 2020-0953h (Vote 15-5; RC)
March 11, 2020 Majority Committee Report: Ought to Pass with Amendment # 2020-0953h for 03/11/2020 (Vote 15-5; RC) HC 10 P. 58
Minority Committee Report: Inexpedient to Legislate
March 12, 2020 Amendment # 2020-0953h: AA VV 03/12/2020 HJ 8 P. 116
March 12, 2020 Ought to Pass with Amendment 2020-0953h: MA DV 178-115 03/12/2020 HJ 8 P. 116
June 16, 2020 Introduced 06/16/2020 and Referred to Election Law and Municipal Affairs; SJ 9
June 25, 2020 Remote Hearing: 06/25/2020, 02:40 pm; SC 24A
June 25, 2020 Remote Hearing: 06/25/2020, 02:45 pm, on proposed amendment # 2020-1564s; SC 24A
Committee members will receive secure Zoom invitations via email. SC 24A
Members of the public may attend using the following links: SC 24A
1. To sign-in and/or speak in support or opposition, please register in advance by using this link: https://www.zoom.us/webinar/register/WN_PTTnQnIkQP-k8rHDlcyGiw SC 24A
2. To submit your testimony to the committee, please send all documents via email to remotesenate@leg.state.nh.us SC 24A
3. To listen via telephone: Dial (for higher quality, dial a number based on your current location): 1-301-715-8592, or 1-312-626-6799, or 1-929-205-6099, or 1-253-215-8782, or 1-346-248-7799, or 1-669-900-6833 SC 24A
4. Or iPhone one-tap: 13126266799,,91777487582# or 19292056099,,91777487582# SC 24A
5. Webinar ID: 917 7748 7582 SC 24A
6. To view/listen to this hearing on YouTube, use this link: https://www.youtube.com/channel/UCjBZdtrjRnQdmg-2MPMiWrA SC 24A
The following email will be monitored throughout the meeting by someone who can assist with and alert the committee to any technical issues: remotesenate@leg.state.nh.us or call (603-271-3043). SC 24A
June 29, 2020 Committee Report: Ought to Pass with Amendment # 2020-1581s, 06/29/2020; SC 25
June 29, 2020 Committee Amendment # 2020-1581s, AA, VV; 06/29/2020; SJ 9
June 29, 2020 Ought to Pass with Amendment 2020-1581s, MA, VV; OT3rdg; 06/29/2020; SJ 9
June 30, 2020 House Concurs with Senate Amendment (Rep. Weber): MA DV 222-82 06/30/2020 HJ 10 P. 47
June 29, 2020 Enrolled (In recess 06/29/2020); SJ 9
Enrolled 06/30/2020 HJ 10 P. 71
July 17, 2020 Signed by Governor Sununu 07/17/2020; Chapter 19; Eff: 09/15/2020