Revision: March 10, 2022, 9:07 a.m.
Rep. Schuett, Merr. 20
Rep. Marsh, Carr. 8
February 14, 2022
2022-0699h
04/05
Amendment to HB 1330
Amend the bill by replacing all after the enacting clause with the following:
1 Board of Registration of Medical Technicians; Definitions. Amend RSA 328-I:1, I to read as follows:
I. "Board" means the advisory board of registration of medical technicians.
I-a. "Executive director" means the executive director of the office of professional licensure and certification.
2 Board of Registration of Medical Technicians; Advisory Board Established. RSA 328-I:2 is repealed and reenacted to read as follows:
328-I:2 Advisory Board of Registration of Medical Technicians. The executive director shall establish an advisory board of registration of medical technicians consisting of 3 members. Two members shall be licensed, registered, or certified health care providers with experience supervising medical technicians. One shall be a medical technician required to be registered pursuant to this chapter. Each member shall be appointed to a term of 3 years. No member shall serve more than 2 consecutive full terms. The advisory board shall advise the executive director regarding the implementation of this chapter.
3 Medical Technicians; Initial Registration; Application; Fees. Amend RSA 328-I:6 to read as follows:
328-I:6 Initial Registration; Application, Fees.
I. The [board] executive director, in consultation with the advisory board, may register any person who submits a completed application. [The fee for registration under this chapter shall be $110.]
II. Completed applications shall include:
(a) Payment of the non-refundable registration fee;
(b) Reports of any pending criminal charges, criminal convictions, plea agreements in lieu of convictions, or complaints made to or dispositions made by licensing, certification, or registration boards.
(c) A complete set of fingerprints and a criminal history record release form pursuant to RSA 328-I:7.
(d) The applicant's work history over the last 10 years.
III. All applications shall include at a minimum, the applicant's name, social security number, place and date of birth, place of employment in New Hampshire and the home address and shall be duly signed and verified. Applications shall be available for public inspection.
IV. Upon approval of the application by the [board] executive director, in consultation with the advisory board, the applicant shall be registered as a medical technician for 2 years. Such registration shall take effect within 90 days after the filing of such completed application.
V. Any medical technician who changes his or her name, place or status of employment in New Hampshire, or residence shall notify the [board] executive director in writing within 30 days. For failure to report such a change within 30 days of such event, the [board] executive director may suspend the medical technician's registration.
VI. Once an application has been approved by the [board] executive director, a temporary registration may be issued, pending receipt of the criminal records check and fingerprint information.
4 Medical Technicians; Renewal of Registration. Amend RSA 328-I:8 to read as follows:
328-I:8 Renewal of Registration. Certificates of registration issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in the manner prescribed by the [board] executive director. [The fee for renewal of certificates of registration shall be $110.] Certificates of registration for medical technician shall be renewed upon the payment of the renewal fee.
5 Medical Technicians; Disciplinary Action; Investigations. Amend RSA 328-I:10-11 to read as follows:
328-I:10 Disciplinary Action; Remedial Proceedings.
I. The [board] executive director is authorized to undertake investigations and disciplinary proceedings upon:
(a) The [board's] executive director's initiative, in consultation with the advisory board.
(b) A written complaint made by any person complaining that a registrant has committed an act of misconduct and specifying the nature of the misconduct.
(c) A written complaint made by any person that a person is engaged in unauthorized practice.
(d) Notification by a licensing or certifying agency of this state that a registrant has been disciplined by that agency.
(e) Notification by the regulatory authority of another domestic or foreign jurisdiction that a registrant has been disciplined in that jurisdiction.
(f) A report made pursuant to the obligation to report imposed by this chapter.
II. The [board] executive director, in consultation with the advisory board,
may undertake non-disciplinary remedial proceedings (a) upon [its] his or her own initiative or (b) upon written complaint of any person which charges that a person registered by the [board] executive director is afflicted with a condition as set forth in paragraph VI and which specifies the grounds therefor.
III. Every facility administrator, or designee, for any licensed hospital, health clinic, ambulatory surgical center, or other health care facility within the state shall report to the [board] executive director any disciplinary or action related to disruptive conduct, professional incompetence or violation of an organizational rule or procedure involving controlled substances, or any adverse action which results in the termination of an employment relationship, within 30 days after such action is taken, including situations in which allegations of misconduct are settled by voluntary resignation without adverse action, against a person registered by the [board] executive director. Disciplinary or adverse action shall include the requirement that a registrant undergo counseling or be subject to any policy with regard to disruptive behavior.
IV. In cases involving imminent danger to life or health, the [board] executive director may order suspension of a license pending hearing for a period of no more than 120 days. In such cases, the basis for the [board's] executive director's finding of imminent danger to life or health shall be reduced to writing and combined with a hearing notice which complies with RSA 328-I:11. A licensee may be allowed additional time to prepare for a hearing, but any additional time for preparation shall result in an extension of license suspension commensurate with the additional time extended.
V. The [board] executive director, in consultation with the advisory board, after hearing, may take disciplinary action against any person registered by it upon finding that the person:
(a) Has knowingly provided false information during any application for registration or employment, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application.
(b) Is a habitual user of drugs or intoxicants.
(c) Has engaged in dishonest or unprofessional conduct, or has negligently or intentionally injured a patient while practicing as a medical technician or performing such ancillary activities.
(d) Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the [board] executive director.
(e) Has been convicted of a felony under the laws of the United States or any state.
VI. The [board] executive director, in consultation with the advisory board, may take non-disciplinary remedial action against any person registered by it upon finding that the person is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Upon making an affirmative finding, the [board] executive director, may take non-disciplinary remedial action:
(a) By suspension, limitation, or restriction of a registration for a period of time as determined reasonable by the [board] executive director.
(b) By revocation of registration.
(c) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the [board] executive director.
(d) By requiring the person to practice under the direction of a physician in a public institution, public or private health care program, or private practice for a period of time specified by the [board] executive director.
VII. The [board] executive director, in consultation with the advisory board, upon making an affirmative finding under paragraph V, may take disciplinary action in any one or more of the following ways:
(a) By reprimand.
(b) By suspension, limitation, or restriction of a registration or probation for a period of time as determined reasonable by the [board] executive director.
(c) By revocation of registration.
(d) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the [board] executive director.
(e) By assessing administrative fines in amounts established by the [board] executive director which shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater.
VIII. The [board] executive director, in consultation with the advisory board, may issue a non-disciplinary confidential letter of concern to a registrant advising that, the [board] executive director believes the medical technician should modify or eliminate certain practices, and that continuation of the activities which led to the information being submitted to the [board] executive director may result in action against the registrant's registration. This letter shall not be released to the public or any other licensing authority, except that the letter may be used as evidence in subsequent disciplinary proceedings by the [board] executive director.
IX. Disciplinary or non-disciplinary remedial action taken by the [board] executive director under this section may be appealed to the supreme court under RSA 541.
X. No civil action shall be maintained against the [board or any member of the board] executive director or the advisory board, or its agents or employees, with regard to any action or activity taken in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any organization or its members or against any other person for or by reason of any good faith statement, report, communication, or testimony to the [board] executive director or determination by the [board] executive director in relation to proceedings under this chapter.
XI. [Repealed]
XII. Allegations of professional misconduct or other violations of this chapter enforceable by the [board] executive director shall be brought within 6 years from the time the [board] executive director could reasonably have discovered the act, omission, or failure complained of, except that conduct which resulted in a criminal conviction or in a disciplinary action by a relevant licensing authority in another jurisdiction may be considered by the [board] executive director without time limitation in making registration or disciplinary decisions if the conduct would otherwise be a ground for discipline under this chapter. The [board] executive director may also consider registrant conduct without time limitation when the ultimate issue before the [board] executive director involves a pattern of conduct or the cumulative effect of conduct which becomes apparent as a result of conduct which has occurred within the 6-year limitation period prescribed by this paragraph.
XIII. When an investigation of a complaint against a registrant is determined to be unfounded, the [board] executive director shall dismiss the complaint and explain in writing to the complainant and the registrant its reason for dismissing the complaint. The [board] executive director shall destroy all information collected during the course of the investigation [after 6 years. The board shall retain a record only noting that an investigation was conducted and that the board determined the complaint to be unfounded] in accordance with the retention policy adopted by the office of professional licensure and certification. For the purpose of this paragraph, a complaint shall be deemed to be unfounded if it does not fall within the jurisdiction of the [board] executive director, does not relate to the actions of the registrant, or is determined by the [board] executive director to be frivolous.
328-I:11 Investigations; Procedure for Complaints; Hearings; Judicial Review.
I. The [board] executive director may investigate possible misconduct by registrants and applicants for registration, as well as the unauthorized practice under this chapter and other matters within the scope of this chapter. [Board] Investigations and the information gathered in such investigations, including information provided to the [board] executive director under RSA 328-I:10, I and III and paragraphs III and V, shall be exempt from the public disclosure provisions of RSA 91-A, except to the extent such information may later become the subject of a public disciplinary hearing. The [board] executive director may disclose information acquired in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders.
II. No certificate of registration shall be suspended or revoked until after a hearing before the [board] executive director, in consultation with the advisory board, which shall be held in accordance with RSA 541-A, and upon written notice mailed to the registrant by certified or registered mail. If, when a notice of hearing is mailed to a registrant at the address shown in the records of the [board] executive director, such a registrant fails to attend such hearing, then the [board] executive director may suspend his or her registration without a hearing pending his or her attendance at such hearing.
III. Upon the denial of an application for a certificate of registration, the [board] executive director shall grant a hearing to an applicant therefor upon receipt of a request for a hearing made within 30 days after the applicant is notified of denial. The [board] executive director shall have the power to require the attendance of witnesses and issue subpoenas duces tecum in the conduct of such hearing.
IV. If a certificate of registration is revoked or suspended or an application is denied, no such certificate shall be issued to such former registrant or applicant for at least 6 months, or thereafter, except in the discretion of the [board] executive director, in consultation with the advisory board.
V. The applicant or registrant may be heard in person or by counsel. The [board] executive director shall notify the applicant of the time and place of the hearing. The [board] executive director shall have the power to subpoena any person in this state, or document, record or other relevant evidence, and administer an oath to and take the testimony of any such person or cause his or her deposition to be taken.
6 Medical Technicians; Investigative Costs. Amend RSA 328-I:14 to read as follows:
328-I:14 Investigative Costs. For any order issued in resolution of a disciplinary proceeding by the board, where the [board] executive director, in consultation with the advisory board, has found misconduct sufficient to support disciplinary action, including but not limited to a violation of this chapter or an administrative rule adopted under this chapter, the [board] executive director may require the registrant who is the subject of such finding to pay the [board] executive director a sum not to exceed the reasonable cost of investigation and prosecution of the proceeding. This sum shall not exceed $5,000. This sum may be imposed in addition to any otherwise authorized administrative fines levied by the [board] executive director as part of the penalty. The investigative and prosecution costs shall be assessed by the [board] executive director and any sums recovered shall be credited to the [board's] office of professional licensure and certification fund and disbursed by the [board] executive director for any future investigations of complaints and activities [that violate this chapter or rules adopted under this chapter].
7 Reference Change; Executive Director. Amend the following RSA provisions by replacing the term "board" with "executive director": RSA 328-I:3; 328-I:4; 328-I:5; 328-I:7; 328-I:9; 328-I:13; and 328-I:16.
8 Effective Date. This act shall take effect 60 days after its passage.