Revision: March 5, 2021, 8:38 a.m.
SB 155-FN - AS INTRODUCED
2021 SESSION
21-1080
05/10
SENATE BILL 155-FN
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill:
I. Establishes the position of temporary health partner.
II. Authorizes emergency licensing of medical providers.
III. Authorizes COVID-19 testing and vaccination by pharmacists and pharmacy technicians.
IV. Authorizes temporary emergency remote or hybrid learning in schools.
V. Provides reimbursement to private bus school bus owners delivering free and reduced price lunch services to students learning remotely.
VI. Authorizes school bus operators to use warning signals when delivering food, supplies, and other materials to students learning remotely.
VII. Establishes a remote learning verification program in the department of health and human services.
VIII. Temporarily expands eligibility for one-year teaching certificates.
IX. Addresses insurance coverage for medical services provided at alternative care sites.
X. Waives signature requirements for receipt of certain prescriptions.
XI. Permits out-of-state pharmacies providing investigational drugs to clinical trial participants in New Hampshire to be temporarily licensed as mail-order pharmacies.
XII. Allows the commissioner of the department of health and human services to add additional members to the ethics committee under RSA 141-C.
XIII. Protects the pre-existing, non-conforming use status of summer camps that were unable to operate during the summer of 2020 due to COVID-19.
XIV. Authorizes the director of the division of motor vehicles to minimize in-person contact within the division.
XV. Allows driver education programs to provide classroom instruction remotely.
XVI. Temporarily suspends the physical presence and location requirements for a public meeting under RSA 91-A.
XVII. Suspends certain signature requirements by the department of health and human services.
XVIII. Suspends the collection of premiums for participation in the MEAD program.
XIX. Allows for the acceptance and use of electronic records by local governing bodies.
XX. Waives certain hearing requirements for municipalities that postponed town meetings or elections.
XXI. Establishes procedures to allow construction to continue during the pandemic.
XXII. Establishes temporary procedures for the swearing in of local officers and officials.
XXIII. Allows municipalities to adopt social distancing policies and practices.
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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.
21-1080
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT codifying provisions included in select emergency orders issued by the governor in response to the COVID-19 pandemic.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Nurse Practice Act; Temporary Health Partner. Amend RSA 326-B by inserting after section 14 the following new section:
326-B:14-a Temporary Health Partner.
I. To address staffing shortages at long-term care facilities and meet the needs of some of New Hampshire's most vulnerable populations, the position of temporary health partner (THP) is hereby authorized to work in a skilled nursing facility, notwithstanding any provision of RSA 326-B:14, provided that:
(a) The THP completes training of no less than 8 hours, provided by a national association such as the American Health Care Association or by a New Hampshire educational program.
(b) THPs shall work under the supervision of an RN, APRN, or LPN, as is required of LNAs under RSA 326-B:14.
(c) The scope of work authorized to be performed by THPs is limited to the work set forth in this section and shall be performed in accordance with the resident care plan.
(d) The THP has demonstrated competency, as determined by the employing long-term care facility, prior to performing any of the activities set forth in this section.
II. Scope of work for a temporary health partner (THP):
(a) The THP is a temporary position limited to assist LNAs and nurses in their daily tasks. Each of these tasks shall not be performed without proper training and demonstrating competency in such tasks. The THP shall work under the direction and supervision of licensed nurses to assist nurses and LNAs to provide services set forth in each resident care plan. Before performing any tasks described in subparagraph (b), the THP shall have been trained and demonstrated competency to perform such tasks, and shall review and adhere to the resident care plan. The facility shall provide direction and oversight to the THP.
(b) After the employing facility ensures skill competency, the THP may perform any of the following activities:
(1) Nutrition and elimination assistance. Assist with elimination, including toileting and peri-care, and assist with routine ostomy care.
(2) Comfort care and end-of-life care. Assist with promoting comfort and sleep, assist with end-of-life care, and assist with physical care of body after death.
(3) Activities of daily living. Assist with bathing, oral care, denture care, grooming, shaving, nail care, and dressing and undressing.
(4) Infection control practices. Assist with hand hygiene, standard and transmission-based precautions, cleaning and disinfection, utilization of personal protective equipment (PPE).
(5) Positioning, moving, and restorative care. Assist with ambulation or walking and occupied bedmaking.
III. The position of THP shall not be considered a substitute for licensure as an LNA under RSA 326-B:14 but is intended to assist the work of LNAs. The THP shall not perform services independently and shall be supervised by licensed nurses at all times.
2 New Section; Office of Professional Licensure and Certification; Emergency Licensing Process. Amend RSA 310-A by inserting after section 1-g the following new section:
310-A:1-h Emergency Licensing Process. Notwithstanding any other law to the contrary, the office of professional licensure and certification may issue emergency licenses to the following applicants:
I. Any medical provider previously licensed in New Hampshire in the last 3 years whose license is no longer active, subject to the following:
(a) The medical provider’s license was in good standing prior to being placed in inactive or lapsed status.
(b) Notwithstanding any law or rule to the contrary, a medical provider shall not be required to complete continuing education as a condition precedent to reactivating their license pursuant to this section.
II. Any medical provider previously licensed to practice in another jurisdiction within the last 3 years whose license is no longer active, subject to the following:
(a) The medical provider’s license was in good standing in another United States jurisdiction prior to being placed in inactive or lapsed status; and
(b) The medical provider presents evidence to the office of professional licensure and certification that the medical provider was licensed and in good standing immediately prior to the change in licensure status.
(c) Notwithstanding any law or rule to the contrary, a medical provider shall not be required to complete continuing education as a condition precedent to receive an emergency license pursuant to this section.
III. Any fellow enrolled in a New Hampshire program accredited by the Accreditation Council for Graduate Medical Education to practice within the fellow's core specialty, subject to the following:
(a) The fellow is American Board of Medical Specialties (ABMS) or American Osteopathic Association (AOA) board-eligible or certified in the core specialty.
(b) The fellow is appointed to the medical staff at a sponsoring institution and will engage in practice consistent with the policies and procedures of the sponsoring institution and its participating sites.
(c) The time spent in core specialty service is limited to 20 percent of the fellow’s annual education time in any academic year.
(d) A fellow seeking to practice under this paragraph shall provide the office of professional licensure and certification with appropriate evidence that the required qualifications have been met.
IV. Senior nursing students, who are scheduled to graduate within 5 months from the date of application, from a board of nursing approved registered nursing or practical nursing program, subject to the following:
(a) The individual is employed by or providing health care services at the direction of, a licensed health care facility or a licensed health care provider.
(b) The individual is directly supervised while providing health care services.
(c) The health care services are being provided in response to the COVID-19 pandemic.
IV. Current and former military service members who have been assigned a military occupational specialty code of 68W (Army) or 4N0X1 (Air Force), with or without additional skill identifiers, and who, as part of their service in the military, have utilized their military occupational specialty within the last 3 years, may apply for a license as a nursing assistant in New Hampshire.
V. An individual licensed as an EMT-Basic, Advanced EMT, or Paramedic in any United States jurisdiction who presently holds a certification from the National Registry of Emergency Medical Technicians (NREMT), may apply for an emergency license as a licensed nursing assistant.
VI. Any provider seeking an emergency license under this section shall submit his or her request on a form adopted by the office of professional licensure and certification for such purpose.
VII. In this section, an applicant in good standing shall include medical providers who are subject to nondisciplinary conditions, but shall not include medical providers whose licenses have been revoked, canceled, surrendered, suspended, denied, or subject to disciplinary restrictions.
VIII. Licenses issued pursuant to this section shall be on a temporary basis and shall expire on or before January 31, 2022.
IX. All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.
X. The office of professional licensure and certification may issue guidance relative to the emergency licensing process established in this section, which may include guidance concerning the appropriate supervision of nursing students. Any guidance shall be posted on the board's website.
3 Pharmacists and Pharmacies; Definition of the Practice of Pharmacy. Amend RSA 318:1, XIV to read as follows:
XIV. "Practice of pharmacy" means the professional acts performed by a pharmacist and shall include the interpretation and evaluation of prescription orders; the administration, compounding, dispensing, labeling and distribution of drugs and devices; the participation in drug selection and drug-related device selection; drug evaluation; utilization or regimen review; the monitoring of drug therapy and use; medication therapy management in accordance with collaborative pharmacy practice agreements; the proper and safe storage and distribution of drugs and devices, and the proper maintenance of proper records; the responsibility of advising, when necessary or when regulated, of therapeutic values, hazards, and use of drugs and devices; the initiating, ordering, administering, and analyzing of FDA approved Emergency Use Authorization SARS-CoV-2 (COVID-19) point-of-care diagnostic kits (COVID-19 tests or test kits) to detect SARS-CoV-2 or its antibodies, so long as the pharmacist has received the adequate education and training to do so; and the offering or performing of these acts, services, operations, or transactions necessary in the conduct, operation, management, and control of pharmacy.
4 New Section; Pharmacists and Pharmacies; COVID-19 Testing. Amend RSA 318 by inserting after section 14-a the following new section:
318:14-b COVID-19 Testing. Pharmacists may administer COVID-19 testing if the following conditions are met:
I. The pharmacist received adequate education and training to initiate, order, administer, and analyze COVID-19 test kits.
II. The COVID-19 tests are administered at a pharmacy that holds the appropriate clinical laboratory improvement amendments (CLIA) certificate and a New Hampshire laboratory license issued by the department of health and human services (DHHS) or DHHS waiver.
III. The pharmacy creates and implements policies and procedures to address the collection, storage, transport, and analysis of samples collected as a result of administering and analyzing COVID-19 test kits. Such policies and procedures shall be in accordance with the manufacturer’s instructions and supplemented as needed.
5 New Section; Pharmacists and Pharmacies; Pharmacy Technician Administration of COVID-19 Vaccines. Amend RSA 318 by inserting after section 16-e the following new section:
318:16-f Pharmacy Technician Administration of COVID-19 Vaccines. New Hampshire registered and certified pharmacy technicians may administer COVID-19 vaccines to persons 3 years of age or older while under the supervision of a New Hampshire licensed pharmacist, if the following conditions are met:
I. The vaccination is ordered by the supervising pharmacist.
II. The supervising pharmacist is readily and immediately available to the immunizing registered or certified pharmacy technician.
III. The COVID-19 vaccine is FDA-authorized or FDA-licensed.
IV. The COVID-19 vaccine is ordered and administered according to the Advisory Committee on Immunization Practices (ACIP) COVID-19 vaccine recommendations.
V. The registered or certified pharmacy technician has completed a practical training program approved by the Accreditation Council for Pharmacy Education (ACPE). This training program shall include hands-on injection technique and the recognition and treatment of emergency reactions to vaccines.
VI. The registered or certified pharmacy technician has a current certificate in basic cardiopulmonary resuscitation.
VII. The registered or certified pharmacy technician shall complete a minimum of 2 hours of ACPE-approved, immunization-related continuing pharmacy education during the relevant state licensing period.
VIII. The supervising pharmacist shall comply with all recordkeeping and reporting requirements.
IX. The supervising pharmacist shall be responsible for complying with requirements related to reporting adverse events.
X. The supervising pharmacist shall review the vaccine registry or other vaccination records before ordering the registered or certified pharmacy technician to administer the vaccination.
XI. If the patient is 18 years of age or younger, the registered or certified pharmacy technician shall inform the patient and the adult caregiver accompanying the patient of the importance of a well-child visit with a pediatrician or other licensed primary-care provider and refer the patient as appropriate.
XII. The supervising pharmacist shall comply with any applicable requirements or conditions of use as set forth in the CDC's COVID-19 vaccination provider agreement and any other federal requirements that apply to the administration of COVID-19 vaccine.
6 New Section; COVID-19 Temporary Emergency Remote or Hybrid Learning. Amend RSA 189 by inserting after section 1-e the following new section:
189:1-f COVID-19 Temporary Emergency Remote or Hybrid Learning.
I. The commissioner, with approval of the governor, may grant a request by a school facility or district to temporarily transition to a remote or hybrid method of instruction whenever it is necessary to mitigate the spread of COVID-19 due to substantial community transmission or transmission within a school facility. Each school facility or district granted permission to temporarily transition to a remote or hybrid method of instruction shall take any and all necessary steps to meet its obligation to provide a free and appropriate education to each of its students.
II. Notwithstanding a grant of permission to temporarily transition to a remote or hybrid method of instruction, the school district shall continue to comply with requirements under state and federal special education laws, including without limitation the Individuals with Disabilities Education Act and Section 504 of the Rehabilitation Act of 1973, in the delivery of instruction and support services pursuant to any offered instructional model, including without limitation, traditional instruction, distance learning, and hybrid models, consistent with United States Department of Education Guidance.
(a) In fulfilling its obligations pursuant to Ed 1100, et seq., a school district that provides instruction through a temporary remote or hybrid model for the district's general education population shall not exclude in-person services from consideration for students with disabilities. In-person services shall be provided if such services are necessitated by a student's individualized needs and are consistent with the health and safety needs of the child, the child's teachers, and the child's family.
(b) No later than June 30, 2021, every school district shall hold Individualized Education Plan ("IEP") team meetings, as set forth in RSA 186-C:7 and Ed 1107, to consider Extended-School Year ("ESY") services for each child with an IEP, regardless of whether the child been provided ESY services in the past.
(c) Notwithstanding a grant of permission to temporarily transition to a remote or hybrid method of instruction, every school district shall hold an IEP team meeting for each student identified for special education services no later than 30 calendar days after the first day of the school district's 2021-2022 school year. At the meeting, the IEP team shall consider what compensatory education services, if any, are required to be provided to make up for services not provided during period of remote instruction and support, student regression, or a student's failure to make expected progress as indicated in the student's IEP.
(d) For any evaluation criteria described in Ed 1100, et seq., that cannot be satisfied because of a temporary shift to remote instruction and support, such as classroom evaluations, the school district shall:
(1) Include in its evaluation the reason the criterion was not considered; and
(2) Use best efforts to obtain the information the IEP team needs to determine eligibility and the services and supports the child needs to receive a free appropriate public education through other available criteria.
III. In order to facilitate uniformity across the state and to enable cooperation among and between school districts and the department of education in vetting new software applications, digital tools, and extensions for data privacy compliance, any software application, digital tool, or extension that meets the minimum standards established by the department pursuant to RSA 189:66 shall be deemed to be compliant with RSA 189:66 without regard to the district's data and privacy governance plan.
IV. The commissioner of education may waive or modify, as appropriate to accommodate a temporary remote instruction and support environment, the following educational, assessment, reporting, evaluation, and accountability requirements:
(a) The assessment program set forth at RSA 193-C, relative to statewide educational improvement and assessment.
(b) The requirements set forth in RSA 193-E:3, relative to delivery of an adequate education.
(c) The requirements set forth in RSA 193-E:3-b, relative to accountability for the opportunity for an adequate education.
(d) The requirements set forth in RSA 193-E:3-c, relative to the performance-based accountability system.
(e) The requirements set forth in RSA 193-E:3-d, relative to the performance-based school accountability system and verification process.
(f) The requirements set forth in RSA 193-A:6, II and III, relative to home education records and evaluation.
(g) The performance measuring requirements of RSA 193-H, relative to school performance and accountability.
V. If a school district's budget is insufficient to fund expenditures associated with addressing the COVID-19 pandemic, the governing body is authorized, once authorization from the commissioner of education has been obtained, to make such expenditure to the extent other revenues or unrestricted funds are available to meet those expenses. The public hearing requirement under RSA 32:11, I, for the expenditure of money in excess of an appropriation due to an unusual circumstance related to the pandemic may be waived upon approval of the commissioner.
7 New Paragraph; Refunds to Private School Bus Owners. Amend RSA 260:52-b by inserting after paragraph II the following new paragraph:
III. Notwithstanding paragraph I, during any period of time in which public K-12 school districts have been, are, or will be required to maintain remote instruction and support, private school bus owners or school bus lines shall be entitled to a refund of any road tolls paid by them when their vehicles are being used to transport free and reduced lunch to students who are at home or another location during the school day by virtue of a contract or agreement with a municipality, municipal board, or school board authority to the extent that the amount of road tolls paid on motor fuel was used in these activities. Private school bus owners or school bus lines shall request reimbursements from the state consistent with the parameters and procedures provided in this section and RSA 260:47.
8 New Paragraph; School Bus Stop Signals and Strobe Lights. Amend RSA 266:39 by inserting after paragraph I the following new paragraph:
I-a. Notwithstanding paragraph I, in order to promote the safety of children receiving meals, supplies, or other materials from their school districts, a school bus may operate warning signals and stop the flow of traffic in order to safely deliver school food, supplies, or other materials to students when a school district temporarily transitions to a remote or hybrid method of instruction.
9 New Section; Child Day Care Licensing; Remote Learning Center Verification Program. Amend RSA 170-E by inserting after section 4 the following new section:
170-E:4-a Remote Learning Center Verification Program.
I. In order to ensure that parents and legal guardians have alternative options to allow their children to participate in temporary remote instruction when a school district temporarily transitions to a remote or hybrid method of instruction, there is hereby established a remote learning center verification program. The department of health and human services shall administer this program within the child care licensing unit.
II. A remote learning center shall be defined as any person, corporation, partnership, voluntary association or other organization, either established for profit or otherwise, which provides a space for children in kindergarten through grade 12 to participate in remote instruction through a public or private elementary or secondary school system or institution of higher learning.
III. Verification forms shall be submitted to the department of health and human services in the manner specified by the department. The department of health and human services shall develop a standard form for verification of a remote learning center. At a minimum, this form shall include certification from the remote learning center that no individual working with any child or children:
(a) Has a criminal conviction for an offense involving causing or threatening direct physical injury to any individual;
(b) Has a criminal conviction for an offense involving causing or threatening harm of any nature to any child or children;
(c) Has a felony conviction in the previous 10 years;
(d) Is listed on the New Hampshire Registration of Criminal Offenders Website;
(e) Is listed on the National Sex Offender Public Website; or
(f) Is ineligible for employment pursuant to RSA 189:13-a, V.
IV. The requirements of this section shall not apply to the following, which shall not be considered remote learning centers:
(a) Daytime programs operated by a public or private elementary or secondary school system or institution of higher learning.
(b) Private homes in which the only children in care are:
(1) The provider's own children, children related to the provider, and children residing with the provider; or
(2) Children not related to the provider who are cared for or supervised for any part of the day for purposes of participation in remote instruction, provided that the provider does not receive compensation, beyond costs incurred, for the provision of such care or supervision.
(c) Learning arrangements outside a private home in which the only children in care are children of families to whom the provider is related or with whom the provider has a preexisting relationship, provided that the provider does not receive compensation, beyond costs incurred, for the provision of such care or supervision.
(d) Municipal recreation programs.
(e) Any other program which the department of education considers to be an educational program under its existing rules and regulations.
V. Remote learning centers shall comply with the Universal Business Reopening Guidelines and any other industry-specific public health guidelines as determined by the department of health and human services.
VI. This section applies to remote learning centers only and does not replace a child care program's responsibility to obtain licensure if providing services requiring a license under this chapter.
VII. The division of public health shall have the authority to enforce paragraph V and the child care licensing unit shall have the authority to enforce all other provisions of this section.
10 New Paragraph; One-Year Certificate of Eligibility. Amend RSA 189:39-b by inserting after paragraph V the following new paragraph:
VI. Notwithstanding paragraph V, from August 13, 2020 through June 30, 2021, a school board, in consultation with the superintendent, may offer a one-year certificate of eligibility to an individual in accordance with paragraphs I-IV without regard to whether the individual has previously received a one-year certificate of eligibility. Any one-year certificate of eligibility issued pursuant to this paragraph shall be effective for one calendar year from the date of issuance.
11 New Section; Communicable Disease; Coverage for Services at Alternative Care Sites. Amend RSA 141-C by inserting after section 26 the following new section:
141-C:26-a Coverage for Services at Alternative Care Sites.
I. When hospitals across the state are implementing their emergency preparedness plans to treat patients in alternative care sites (ACS), or to transfer or divert patients to other hospitals based on current capacity, and in order to assure timely and appropriate reimbursement for services delivered in ACSs or provided to transferred or diverted patients, and to promote and secure the safety and protection of the people of New Hampshire, all health insurance carriers regulated by the insurance department, all health benefit plans authorized under RSA 5-B, and all Medicaid managed care organizations covering New Hampshire residents, are required to consider all medically necessary, covered ACS services, or services provided to transferred or diverted patients, as in-network and to reimburse such services at the in-network rate.
II. If the treating provider is out-of-network, reimbursement shall be made at the transferring or diverting provider's in-network rate. Providers who are out-of-network and reimbursed as in-network under this section shall not balance bill the member.
III. Acute care services being delivered at ACSs, including step-down facilities, rehabilitation hospitals, skilled nursing facilities, nursing facilities, ambulatory surgical centers, schools, auditoriums, convention centers, and all similar environments, shall continue to be coded and reimbursed as acute care regardless of the non-traditional setting.
IV. All carriers shall ensure that rates of payment to providers for services delivered in nonstandard settings or as a result of a transfer or diversion of the patient pursuant to a hospital's emergency preparedness plan, are not lower than the rates of payment established by the carrier for such services delivered in the traditional setting, and shall notify providers of any information or instructions necessary to facilitate billing for such ACS services.
V. The department of health and human services shall, as necessary, provide assistance and guidance to Medicaid managed care organizations in the interpretation and implementation of this section.
VI. The insurance department shall provide further guidance to health carriers regulated by the department as necessary to effectuate the purposes of this section and shall be authorized to enforce this section as it affects such entities.
VII. This section does not apply to the transfer of patients for non-acute care services to a lower level of care setting, typical during a regular course of treatment.
12 New Section; Pharmacists and Pharmacies; Signature Not Required for Receipt or Delivery of Certain Prescriptions. Amend RSA 318 by inserting after section 47-l the following new section:
318:47-m Signature Not Required for Receipt or Delivery of Certain Prescriptions. Carriers and PBMs shall ensure that there are no signature requirements in place for in-person prescription receipts or in-home prescription deliveries, except when federal signature requirements for controlled substances exist.
13 New Section; Pharmacists and Pharmacies; Out-of-state Pharmacies as Temporary Limited Licensed Mail-Order Facilities. Amend RSA 318 by inserting after section 37 the following new section:
318:37-a Out-of-state Pharmacies as Temporary Limited Licensed Mail-Order Facilities.
I. To protect public health and increase access to medical care in New Hampshire, and to promote and secure the safety and protection of the people of New Hampshire, any out-of-state pharmacy seeking to ship investigational drugs to clinical trial participants who reside in New Hampshire and who are unable to retrieve the investigational drugs from the out-of-state pharmacy due to the novel coronavirus shall be allowed to operate as if the out-of-state pharmacy were licensed as a mail-order pharmacy within the state of New Hampshire if the following conditions are met:
(a) The out-of-state pharmacy is licensed and in good standing in another United States jurisdiction.
(b) The medical services provided within New Hampshire are in-person or through appropriate forms of telehealth.
(c) The out-of-state pharmacy presents to the office of professional licensure and certification evidence that they are licensed in good standing in another jurisdiction. Such out-of-state pharmacies shall be issued an emergency mail-order pharmacy license at no cost, which shall remain in effect until January 31, 2022.
(d) Such out-of-state pharmacies shall be subject to the jurisdiction of the board of pharmacy while acting under an emergency mail-order pharmacy license.
II. The office of professional licensure and certification, in consultation with the board of pharmacy, shall provide assistance and guidance, as necessary, to out-of-state pharmacies regarding the requirements of this section.
14 New Subparagraph; Communicable Disease; Ethics Committee; Membership. Amend RSA 141-C:27, III by inserting after subparagraph (l) the following new subparagraph:
(m) Any additional member the commissioner deems necessary to achieve the committee's charge or objective, appointed by the commissioner.
15 New Subdivision; Local Land Use Planning; Protection of Pre-existing, Non-conforming Use Status for Summer Camps. Amend RSA 674 by inserting after section 73 the following new subdivision:
Protection of Pre-existing, Non-conforming Use Status for Summer Camps
674:74 Protection of Pre-existing, Non-conforming Use Status for Summer Camps.
I. Notwithstanding any provision of law or municipal ordinance or regulation to the contrary, any summer camp that has been operating in the state of New Hampshire as a pre-existing, nonconforming use under its applicable zoning ordinance that either closed for the summer of 2020 due to the COVID-19 pandemic, or was forced to operate for a shorter season or at a reduced capacity during the summer of 2020 due to the COVID-19 pandemic, shall not lose its status as a pre-existing, non-conforming use due to either:
(a) Its failure to operate during the summer of 2020; or
(b) Its operation for a shorter season or at a reduced capacity during the summer of 2020.
II. The summer camp's status or ability to operate as a pre-existing, non-conforming use shall not be in any way affected by its failure to operate during the summer of 2020, or its operation for a shorter season or at a reduced capacity during the summer of 2020.
16 New Section; Division of Motor Vehicles; Powers and Duties. Amend RSA 260 by inserting after section 1 the following new section:
260:1-a Minimization of In-Person Contact During COVID-19 Pandemic. In order to protect the health and safety of state employees and the public from transmission of COVID-19, the director of the division motor vehicles is authorized to take any measures necessary to reduce in-person contact between state employees, locally authorized agents of the office of motor vehicles, and the public. The director is authorized to facilitate on-line transactions and remote services to the maximum extent practical.
17 New Paragraph; Drivers' Licenses; Driver Education; Temporary Waiver of Classroom Instruction and Observation. Amend RSA 263:19 by inserting after paragraph I the following new paragraph:
I-a. The requirements for in-person classroom instruction and observation required under paragraph I are temporarily suspended until January 31, 2022. Classroom instruction may be conducted remotely under the following conditions:
(a) The approved drivers' school shall create a plan to include procedures for participation for all students;
(b) The approved drivers' school may use a remote instruction platform that ensures verifiable attendance and participation;
(c) The approved drivers' school's remote instruction platform shall be broadcast to students by live webcast on specific days and times and shall be capable of receiving and responding to live questions by the students;
(d) The approved drivers' school's attendance record shall reflect students who participate remotely;
(e) Remote instruction shall be equivalent in effort and rigor to typical classroom work; and
(f) The approved drivers' school shall conduct an assessment of all student work for each class conducted remotely.
18 New Paragraph; Meetings Open to the Public; Remote Meetings. Amend RSA 91-A:2 by inserting after paragraph III the following new paragraph:
III-a The requirement that a quorum of a public body be physically present unless immediate action is imperative, and that each part of a meeting of a public body be audible or otherwise discernible to the public at the location specified in the meeting notice as the location of the meeting, is suspended until January 31, 2022 so long as the public body:
(a) Provides public access to the meeting by telephone, with additional access possibilities by video or other electronic means;
(b) Provides public notice of the necessary information for accessing the meeting;
(c) Provides a mechanism for the public to alert the public body during the meeting if there are problems with access; and
(d) Adjourns the meeting if the public is unable to access the meeting.
19 Department of Health and Human Services; General Provisions; Temporary Suspension of Wet Signature Requirement. Amend RSA 126-A:3 by inserting after paragraph VIII the following new paragraph:
IX. Any statute or administrative rule that requires a wet signature is temporarily suspended until the termination of the federal public health emergency initial declared pursuant to Public Health Service Act on January 31, 2020. After exhausting alternative means, the commissioner of the department of health and human services may authorize the acceptance of verbal authorizations that are contemporaneously documented. The department shall create guidance on the process and acceptance of verbal authorizations.
20 Public Assistance; MEAD Program; Suspension of Premium. Amend RSA 167:6, IX to read as follows:
IX.(a) For purposes hereof, a person with a disability between 18 and 64 years of age who is eligible to participate in the work incentive program, known as Medicaid for employed adults with disabilities (MEAD), shall be eligible for medical assistance as medically needy or categorically needy. The department of health and human services shall establish a sliding fee scale for participants to contribute to the cost of such medical assistance. Participants in the MEAD program shall be employed at the time of enrollment, and may remain enrolled during temporary unemployment for medical reasons or other good cause.
(b) The requirement in subparagraph (a), RSA 167:3-c, XII(c)-(d), and any rule adopted thereunder, that the department establish and collect premiums for the MEAD program is suspended until the termination of the federal public health emergency initial declared pursuant to Public Health Service Act on January 31, 2020.
21 New Paragraph; Uniform Electronic Transactions Act; Acceptance and Distribution of Electronic Records by Governmental Agencies. Amend RSA 294-E:18 by inserting after paragraph III the following:
IV. Notwithstanding any provision of state law to the contrary, municipal and local governmental governing bodies may use RSA 41:29, I(a) to non-contemporaneously sign manifests outside a public meeting. This permission shall be extended to all public bodies, allowing them to sign manifests and all other documents necessary for the continued operations of local government. Municipal and local governmental bodies are relieved from the statutory requirements of this section. All local governmental agencies are hereby permitted to send and accept electronic signatures consistent with RSA 294-E and the Electronic Signatures in Global and National Commerce Act, Public Law 106-229.
22 New Paragraph; Municipal Finance Act; Procedure for Authorizing Bonds or Notes in Excess of $100,000. Amend RSA 33:8-a by inserting after paragraph V the following new paragraph:
VI. Notwithstanding any other provision of law, municipalities that postpone their town meetings or elections shall not be required to repeat statutory hearings, including hearings on bonds over $100,000, pursuant to this section.
23 New Section; Continuing Construction during COVID-19. Amend RSA 674 by inserting after section 51-a the following new section:
674:51-b Continuing Construction during COVID-19. In municipalities that have adopted an enforcement mechanism pursuant to RSA 674:51 and are not presently offering any building permits and construction inspection functions as a result of COIVD-19, contractors may follow these guidelines to keep construction progressing:
I. Complete typical paperwork related to the requested construction permit or building inspection. Permit applications with submittal documents shall be submitted to the building official by first class mail, drop box, if provided, or by electronic submission, such as email, where available.
II. Make and keep record of all reasonable attempts to communicate with municipal officials to determine the availability of services and follow instructions from municipal officials if typical or modified arrangements are offered.
III. If, as a result of exigent circumstances relating to COVID-19, a building official is unable to or refuses to issue any building construction or building systems permit pursuant to and within the time frame provided by RSA 676:13, III, the permit applicant or contractor may, 10 days after written notification to the building official, commence construction pursuant to the prepared project plans and documentations as if a proper building permit has been issued.
IV. The contractor may only proceed without a permit or approval with the prior written approval of the client. Written approval by the client shall be separate from the contractor's standard contract and shall state in at least 10 point bold font that the client understands that if they choose to proceed with the project, the contractor's plans will not be reviewed or pre-approved by a town building official. Written approval also shall specify whether the client can be charged for any remedial work necessary upon ultimate inspection.
V. If a construction inspection is refused or cannot be reasonably or timely offered within 5 working days, the applicant or contractor may continue with construction work in accordance with issued permits after documenting completed work and materials using photographic and/or video methods to preserve evidence for subsequent review. Work should be left unconcealed and visible for later inspection to the greatest extent practicable. If photographic or video documentation does not show all necessary aspects of the inspection process needed to demonstrate code compliance, the building official may take all necessary actions to verify compliance with applicable codes.
VI. Once a municipality resumes operations, the applicant or contractor shall communicate with municipal officials to provide updates regarding the status of commenced or progressed construction and obtain after-the-fact inspections and/or documentation of the same.
VII. Proceeding with construction under paragraph III in the absence of proper and customary building permits and inspections shall be considered a practice of last resort to commence and keep New Hampshire construction projects, vital to the economy, active and progressing during these extraordinary times.
VIII. The contractor shall bear responsibility for arranging review of photographic and/or video evidence, and obtaining proper documentation of completion at such time as normal municipal inspection services resume. The contractor remains responsible and liable for meeting minimum code requirements of the building and fire codes, as adopted in New Hampshire. The contractor further bears the risk that construction work must be altered or repaired after-the-fact to achieve code compliance. Nothing in this section prohibits the building official from taking all necessary actions to verify compliance with applicable codes.
IX. Municipal officials shall operate in good faith to administer these interim practices, however, no municipal official or municipality shall be liable to the contractor or any third party for any failure on the part of a contractor to comply with these provisions or the failure to construct pursuant to applicable codes.
24 New Section; Swearing in of Officers; Temporary Procedure. Amend RSA 42 by inserting after section 3 the following new section:
42:3-a Swearing in of Officers; Procedure Through January 2022.
I. The requirement that the business meeting must conclude before newly elected officers and officials can assume office under RSA 42:3 is suspended through January 31, 2022. Municipal and local governmental bodies are permitted to swear-in newly elected officers and officials, and those individuals may assume office before the business meeting has concluded.
II. Municipal and local governmental bodies are permitted to administer oaths of office by electronic means. This is provided the following protocol is followed:
(a) The person giving the oath must know the person taking the oath or he/she must establish his/her identity.
(b) If both the person taking the oath and the person receiving the oath has the capability, best practice is to use an audio/video service that will allow parties to see and hear one another. If a video interface is in use, the person showing a photo ID through the video can establish identity.
(c) If only telephone communication is practical, there shall be a witness present with the person taking the oath. The person receiving the oath shall obtain the name and address of the witness and receive a statement from the witness that: (i) the witness verifies the identity of the person taking the oath; and (ii) that the witness observed the oath taking. The person receiving the oath should document on the oath form the name and address of the witness. The witness can be a family member, co-worker, caregiver, or any other person.
(d) The person taking the oath shall document on the oath form, or on paper attached to the oath form, that the oath was taken virtually or by phone. If an authorized official other than the clerk takes the oath, the person taking the oath shall deliver the completed oath form to the clerk for town/district records.
(e) The official giving the oath shall instruct the person taking the oath that he or she must come to the clerk's office and affirm the oath taking by signing the oath form, at the point in the future when doing so is appropriate.
(f) The clerk shall notify the chair of the board or commission that the person taking the oath was elected to, that the oath has been taken and the person has assumed office.
25 Social Distancing Policies and Practices. Municipal or local governmental bodies are permitted to transition to phone, online, and limited appointment-only services to allow for proper social distancing as defined by the Center for Disease Control. This includes, but is not limited to, vital records requests and applications, as well as applications for welfare and other municipal services.
26 Repeal. The following are repealed:
I. RSA 326-B:14-a, relative to temporary health partners.
II. RSA 310-A:1-h, relative to emergency licensing procedures.
III. RSA 189:1-f, relative to COVID-19 temporary emergency remote or hybrid learning.
IV. RSA 260:52-b, III relative to refunds to private bus owners.
V. RSA 266:39, I-a, relative to the use of school bus stop signals and strobe lights.
VI. RSA 170-E:4-a, relative to the remote learning center verification program.
VII. RSA 189:39-b, VI, relative one-year teaching certificate eligibility.
VIII. RSA 318:37-a, relative to out-of-state pharmacies temporarily licensed as mail-order facilities.
IX. RSA 260:1-a, relative to the division of motor vehicle's authority to minimize in-person contact.
X. RSA 263:19, I-a, relative to driver education requirements.
XI. RSA 91-A:2, III-a, relative to remote public meetings.
XII. RSA 126-A:3, IX, relative to wet signatures required by the department of health and human services.
XIII. RSA 294-E:18, IV, relative to the use of non-contemporaneously signed manifests and electronic signatures by local governing bodies.
XIV. RSA 33:8-a, VI, relative to hearings required to authorize bonds.
XV. RSA 674:51-b, relative to continuing construction during COVID-19.
XVI. RSA 42:3-a, relative to the swearing in of municipal officers.
XVII. Section 25 of this act, relative to the adoption of social distancing policies and practices by municipalities.
I. Section 26 of this act shall take effect January 31, 2022.
II. The remainder of this act shall take effect upon its passage.
21-1080
Revised 3/5/21
SB 155-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | ||||
STATE: | FY 2021 | FY 2022 | FY 2023 | FY 2024 | |
Appropriation | $0 | $0 | $0 | $0 | |
Revenue | Indeterminable | Indeterminable | Indeterminable | Indeterminable | |
Expenditures | Indeterminable | Indeterminable | Indeterminable | Indeterminable | |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Office of Professional Licensure and Certification Fund (RSA 310-A:1-e,I(b)) | ||||
The Departments of Education and State were contacted on February 4, 2021 for a fiscal note worksheet, which have not been supplied as of March 5, 2021.
METHODOLOGY:
This bill codifies various provisions related to emergency orders issued by the Governor in response to the COVID-19 pandemic.
The Office of Professional Licensure and Certification identified the following fiscal impacts for each of these proposed statutory provisions within the agency's scope of operation:
The Department of Health and Human Services indicates the suspension of the collection of premiums for the MEAD program until the termination of the federal public health emergency initially declared pursuant to the Public Health Service Act on January 31, 2020 will result in an indeterminable fiscal impact dependent on how long the public health emergency continues. The Department estimates a loss of approximately $7,000 in premiums revenue per month.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification, Departments of Health and Human Services, Education and State