Revision: March 24, 2022, 11:49 a.m.
SB 313 - AS AMENDED BY THE SENATE
03/24/2022 1118s
2022 SESSION
22-2924
11/04
SENATE BILL 313
SPONSORS: Sen. Giuda, Dist 2; Sen. Rosenwald, Dist 13; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Rep. P. Schmidt, Straf. 19; Rep. Lang, Belk. 4; Rep. McGuire, Merr. 29
COMMITTEE: Ways and Means
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AMENDED ANALYSIS
This bill clarifies that the executive director of the office of professional licensure and certification has authority to establish fees on behalf of the boards, commissions, and councils administered by the office of professional licensure and certification. The bill also establishes a committee to study and make recommendations relative to the funding of the office of professional licensure and 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/24/2022 1118s 22-2924
11/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that:
I. There are statutory conflicts concerning the fee-setting authority of the office of professional licensure and certification and the boards, councils, and commissions within the office.
II. Some boards are not currently covering 100 percent of operating costs, while other boards are generating revenue more than 125 percent of operating expenses in violation of state statute.
III. Certain licensees may not be able to afford cost of a license.
IV. The office and certain boards dispute how shared costs should be allocated among the boards, councils, and commissions within the office.
V. Other states have used different funding approaches to occupational licensing.
I. There is established a committee to study and make recommendations relative to funding of the office of professional licensure and certification and the boards, councils, and commissions within the office.
II. The members of the committee shall be as follows:
(a) Three members of the house of representatives, at least 2 of whom shall be from the executive departments and administration committee, appointed by the speaker of the house of representatives.
(b) One member of the senate who serves on the executive departments and administration committee, appointed by the president of the senate.
III. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
IV. The committee shall:
(a) Review the funding sources, fee-setting authority, and fees of the office and the boards, councils, and commissions, within the office and make recommendations, if any, regarding changes to the current statutory framework.
(b) Identify and make recommendations for changes to funding occupational licensing in New Hampshire, if any.
(c) If necessary, make recommendations for changes to the allocation of shared costs among the boards, councils, and commissions within the office.
(d) Seek input from state agencies and the boards, councils, and commissions within the office, and any other person or entity the committee deems relevant to its study.
V. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
VI. The committee shall submit a report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2022.
3 Acupuncture; Fees. Amend RSA 328-G:9, II(d) to read as follows:
(d) Has paid the [$110] license fee and filed the application established by the board.
4 Alcohol and Other Drug Use Professionals; Fees. Amend RSA 330-C:8, I to read as follows:
I. The board shall charge licensed alcohol and drug counselors, licensed clinical supervisors, and certified recovery support workers a [$110] fee for the issuance of an initial license or certificate, and [$110] a fee for the renewal of a license or certificate under this chapter. [The fee for a master licensed alcohol and drug counselor shall be $240 and the renewal fee shall be $240.] All licenses shall be renewed biennially on or before June 30 upon payment of the license renewal fee. In addition the board shall establish by rule fees for license and certificate applications, late renewal, and reinstatement of all licenses and certifications authorized by this chapter.
5 Body Art; License Required; Fees. Amend RSA 314-A:2, II to read as follows:
II. There shall be a fee for an initial license and a renewal license. The procedure and timeframe for license renewals shall be as described in RSA 310-A:1-h.
6 Chiropractic; Licenses and Certificates. Amend RSA 316-A:14-a to read as follows:
316-A:14-a Licenses and Certificates. Each applicant who qualifies under this chapter and who attains a minimum grade of 70 percent upon the examination given under RSA 316-A:13, I shall receive a license from the board as a chiropractor permitted to practice in New Hampshire. [The fee for an initial license and for a license renewal shall be $300.] Each applicant who qualifies under this chapter shall pay a fee for an initial license and a license renewal. The initial license and license renewals shall be valid for the terms established under RSA 310-A:1-h.
7 Chiropractic; Renewal. Amend RSA 316-A:20, II to read as follows:
II. Each applicant for renewal shall submit satisfactory evidence that the applicant has completed at least 20 hours of continuing education approved by or conducted by the International Chiropractors Association, or the American Chiropractic Association, or the New Hampshire board of chiropractic examiners, or any state-chartered chiropractic school or college, within one year prior to the date of renewal. In the event of failure to comply with the provisions of this section, the applicant shall appear before the board to show cause why the license should not be suspended.
8 Electrologists; Fees. Amend RSA 314:10, I to read as follows:
I. [The fee for an initial biennial license and for renewal of the biennial license issued under this chapter shall be $110.] The executive director shall establish by rule a schedule of fees for initial and renewal licenses, applications, examinations, and license replacement.
9 Embalmers and Funeral Directors; Fees. Amend RSA 325:12-a to read as follows:
325:12-a Fees. [The fee for an initial 2-year license and for renewal of a license issued under this chapter shall be: $110 for embalmers and $300 for funeral directors.] The board shall establish fees for initial and renewal licenses, examination of applicants, for apprentices, for funeral home inspections, and for transcribing and transferring records and other services.
10 Massage Therapists and Massage Establishments; License Issuance. Amend RSA 328-B:6, I(a) to read as follows:
(a) Submits the required application form and [$110] licensing fee.
11 Massage Therapists and Massage Establishments; License Issuance. Amend RSA 328-B:7 to read as follows:
328-B:7 License Renewal. All licenses issued pursuant to this chapter shall expire on the last day of the birth month of the licensee in the even-numbered year, upon approval of the executive director of the renewal application and submission of the required [$110] renewal fee.
12 Board of Registration of Medical Technicians; Fees. Amend RSA 328-I:6, I to read as follows:
I. The board may register any person who submits a completed application and pays the established fee. [The fee for registration under this chapter shall be $110.]
13 Board of Registration of 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. [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.
14 Nursing Home Administrators; Qualifications for Admission to Examination. Amend the introductory paragraph RSA 151-A:5 to read as follows:
The board shall admit to examination for licensure as a nursing home administrator any candidate who pays a [$300] licensing fee and submits evidence of good moral character and suitability prescribed by the board and evidence that the candidate is at least 21 years old and has completed preliminary education satisfactory to the board; provided:
15 Opthalmic Dispensing; Application and Registration Fees. Amend RSA 327-A:7 to read as follows:
327-A:7 Application and Registration Fees. Every application for a certificate of registration for ophthalmic dispensing shall be accompanied by a non-refundable registration fee[ of $110]. Upon approval of the application by the executive director, the applicant shall be issued a certificate of registration for ophthalmic dispensing, which shall be renewed biennially on or before June 30 upon payment of the renewal fee. [The fee for renewal of any certificate of registration shall be $110.]
16 Optometry; Licenses; Qualification. Amend RSA 327:6 to read as follows:
327:6 Licenses; Qualifications. No person, except as otherwise provided in this chapter, shall practice optometry without a license. The board shall not issue a license to any applicant until the person has passed an examination approved by the board, and has presented satisfactory evidence in the form of affidavits properly sworn to, that the person is over 18 years of age and of good moral character, has completed a minimum of 2 years at a college of arts and sciences and has graduated from a school or college of optometry approved by the board, maintaining a minimum of 4 years in optometric training. Persons who submit an application which demonstrates that they meet the eligibility requirements of this chapter and any rules adopted by the board pursuant to RSA 541-A, and pay the [$300] licensing fee, shall be licensed by the board.
17 Optometry; Contact Lens Prescriptions to be Provided to Patient. Amend RSA 327:25-a, IV to read as follows:
IV.(a) No person shall conduct or operate a business outside of the state for the sale at retail of contact lenses to individuals within the state unless such business is registered with a permit issued by the board of pharmacy if the out-of-state business is a pharmacy, or by the board of registration in optometry if the out-of-state business is not a pharmacy.
(b) The board of pharmacy or the board of registration in optometry shall issue a permit to such out-of-state business if the business discloses and provides proof:
(1) That the business is in compliance with all applicable laws and rules in the state in which the business is located;
(2) Of the operating locations and the names and titles of all principal corporate officers;
(3) That the business complies with all lawful directions and requests for information from the board of pharmacy and the board of registration in optometry of all states in which it conducts business; [and]
(4) That the business agrees in writing to comply with all New Hampshire laws and rules relating to the sale or dispensing of contact lenses; and
(5) That the business has paid the established fee.
[(c) The board of pharmacy or the board of registration in optometry shall assess the following registration fees for out-of-state contact lens sale companies:
(1) $300 for the initial registration.
(2) $150 for an annual registration renewal.]
18 Podiatry; Licenses. Amend RSA 315:8, I to read as follows:
I. The board shall issue a license to applicants who have submitted a complete application, paid a [$300] license fee, achieved a satisfactory examination score, and satisfied all other criteria of competence and professional character required by this chapter.
19 Psychologists; Establishment of Fees. Amend RSA 329-B:12, I to read as follows:
I. [The fee for an initial license shall be $300.] There shall be a fee for an initial license. The license shall be renewed biennially on or before June 30 upon payment of a [$300] renewal fee.
20 Reflexologists; Structural Integrators; and Asian Bodywork Therapists; Practitioner License Issuance. Amend RSA 328-H:8, I(c) to read as follows:
(c) Makes payment of the [$110] license fee;
21 Reflexologists, Structural Integrators, and Asian Bodyworks. Amend RSA 328-H:9, II to read as follows:
II. All licenses issued pursuant to this chapter shall be renewed biennially on or before June 30 upon approval by the executive director of the renewal application and submission of the required [$110] renewal fee.
22 Court Reporters; Term of License. Amend RSA 310-A:173 to read as follows:
310-A:173 Term of License; Renewal. The term of licensure under this subdivision shall be every 2 years. All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the year 2 years following the year of issuance. The secretary of the board shall notify every licensee of the date of the expiration of the license and the amount of the fee that shall be required for its renewal for 2 years[, such amount to be not less than $200]. Such notice shall be mailed at least one month in advance of the date of expiration. Renewal may be effected at any time during the month of expiration by the payment of the fee established by the board and submission of evidence satisfactory to the board showing fulfillment of continuing education requirements. If a licensee fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the licensee shall be required to reapply for licensure. The board, pursuant to rules adopted under RSA 310-A:171, shall charge up to a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee.
23 Septic System Evaluators; Fees. Amend RSA 310-A:208, I and II to read as follows:
I. Application for licensure[, the fee for which shall not exceed $150 for the initial 2-year license].
II. Renewal for license holders[, the fee for which shall not exceed $150 for the 2-year renewal].
24 Certification of Heating Equipment Installers. Amend RSA 153:16-b, II and III to read as follows:
II. The mechanical licensing board with the approval of the [commissioner] executive director of the office of professional licensing and certification shall adopt rules, pursuant to RSA 541-A, relative to the establishment of minimum education and training standards for voluntarily certified heating equipment installers and heating equipment service personnel.
III. The mechanical licensing board with the approval of the [commissioner] executive director of the office of professional licensing and certification shall adopt rules, which shall not be subject to RSA 541-A, relative to the establishment of fees for voluntary certification under this section. After the first year of this program, such fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the previous fiscal year. Fees collected shall be deposited in the general fund.
25 State Board of Fire Control; Rulemaking. Amend the introductory paragraph of RSA 153:28, I to read as follows:
I. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the [state fire marshal] office of professional licensure and certification and with the approval of the [commissioner of safety] executive director of the office of professional licensure and certification, shall adopt rules, pursuant to under RSA 541-A, necessary for the proper implementation of the licensure requirements established in this subdivision, which shall include the following:
26 State Board of Fire Control; Rulemaking. Amend RSA 153:28, II-V to read as follows:
II. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the [state fire marshal] office of professional licensure and certification and with the approval of the [commissioner of safety] executive director of the office of professional licensure and certification, shall establish application fees for licensure, for renewal, for late renewal, and for reinstatement of licenses under this subdivision pursuant to RSA 541-A. Such licensing fees including any endorsements shall not exceed $500 per individual. The board shall also adopt fees for replacement licenses, for certified copies and reports, for inspections done pursuant to this subdivision, for letters of verification requested by individuals or jurisdictions relating to licensure and certification, and for transcribing and transferring records and other services. The fee for examination by third parties shall be separate from the fees established by the board. Fees established by the board shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses of the board budgeted for the biennium in which they will apply. Fees collected shall be deposited in the general fund.
III. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the [state fire marshal] office of professional licensure and certification and with the approval of the [commissioner of safety] executive director of the office of professional licensure and certification, shall adopt technical standards for fuel gas fitting and plumbing by rule under RSA 541-A. The board shall use applicable codes as adopted by the state of New Hampshire.
IV. The [state fire marshal] office of professional licensure and certification shall assist and support the board in administering and enforcing the provisions of this subdivision.
V. The board, through the office of professional licensure and certification, may enter into reciprocity agreements which shall permit the licensing of fuel gas fitters and plumbers from states which have a mutual mechanical licensing reciprocity agreement with this state, for all mechanical licenses listed in paragraph I(a) provided the board determines that the requirements for licensure in that state are equivalent to, or greater than, those established by this subdivision.
27 State Board of Fire Control; Examinations; Licenses. Amend RSA 153:29, I to read as follows:
I. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the [state fire marshal] office of professional licensure and certification and with the approval of the [commissioner of safety] executive director of the office of professional licensure and certification, shall establish, through rulemaking pursuant to RSA 541-A, the nature of the examinations required for issuance of fuel gas fitter licenses and plumbers licenses. The scope of such examinations and the methods of procedure shall be prescribed by the board. This may include an outside organization approved by the board.
28 State Board of Fire Control; Examinations; Licenses. Amend RSA 153:29, IV to read as follows:
IV. [The licensee shall have in his or her possession a current biennial license issued by the board.] The license issued shall be available for inspection on request. The board shall issue a license suitable to be carried by the individual licensee.
29 State Board of Fire Control; Mechanical Licenses. Amend RSA 153:29-a, III to read as follows:
III. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the appointed board members, in consultation with the [state fire marshal] office of professional licensure and certification and with the approval of the [commissioner of safety] executive director of the office of professional licensure and certification, shall adopt rules, pursuant to RSA 541-A, relative to the application and renewal procedure and any eligibility requirements in addition to those in this subdivision for a fuel gas fitter license or plumber for business entities issued pursuant to this section.
30 State Board of Fire Control; Appeals From Board Decisions. RSA 153:33 is repealed and reenacted to read as follows:
153:33 Appeals From Board Decisions. Any person affected by a final decision of the board may appeal such final decision to the state building code review board, pursuant to RSA 155-A:11-a, within 30 days of the date of the final order.
31 New Hampshire Building Code; Appeals of Decisions. Amend the section heading in RSA 155-A:11-a and RSA 155-A:11-a, I to read as follows:
155-A:11-a Appeal of Decisions [of the Electricians' Board and the Board of Home Inspectors].
I. The board shall hear appeals of final decisions of the board established under RSA 319-C:4 [and], the board established under RSA 310-A:186, and the board established under RSA 153:27-a.
32 State Board of Fire Control; Inspectors. Amend RSA 153:34, I and II to read as follows:
I. The [state fire marshal] office of professional licensure and certification with the approval of the board and the [commissioner of safety] executive director of the office of professional licensure and certification shall have the authority to appoint such inspectors as are necessary to insure compliance throughout the state with practices consistent with the public safety and welfare. Any person so employed shall be under the administration and supervisory direction of the [state fire marshal] office of professional licensure and certification.
II. An inspector appointed under this subdivision shall have the authority to enter any premises in which a fuel gas fitter or plumber subject to regulation is performing, or has completed, work regulated under this subdivision for the purpose of making such inspection as is necessary to carry out his or her duties under this subdivision. If consent for such inspection is denied or not reasonably obtainable, the [state fire marshal] executive director of the office of professional licensure and certification, or his or her designee, may obtain an administrative inspection warrant under RSA 595-B.
33 State Board of Fire Control; Voluntary Certification of Water Treatment Technicians. Amend RSA 153:38, IV and V to read as follows:
IV. The board may issue certification without examination to those water treatment technicians who provide adequate documentation of having operated in the capacity of a water treatment technician for a period of at least one year prior to January 1, [2004] 2024 and who pay the required fees.
V. The board, with the approval of the [commissioner] executive director of the office of professional licensure and certification, shall adopt rules pursuant to RSA 541-A to implement the certification requirements established in this section, including the application procedure and any eligibility requirements in addition to those in this section for certification as a certified water treatment technician or water treatment trainee, the renewal of certification and reinstatement of certification, and to establish the fees for certification of water treatment technicians and water treatment trainees.
34 Repeal. RSA 310-A:1-h, I, relative to certain professions administered by the office of professional licensure and certification, is repealed.
35 Effective Date. This act shall take effect upon its passage.