Revision: June 20, 2023, 12:20 p.m.
June 20, 2023
2023-2206-CofC
10/05
Committee of Conference Report on HB 409-FN, relative to nonresident licensure by the board of barbering, cosmetology, and esthetics.
Recommendation:
That the House recede from its position of nonconcurrence with the Senate amendment, and concur with the Senate amendment, and
That the Senate and House adopt the following new amendment to the bill as amended by the Senate, and pass the bill as so amended:
Amend the bill by replacing section 3 with the following:
3 Board of Nursing. Amend RSA 326-B:3, I to read as follows:
I. The board of nursing shall comprise [11] 13 members to be appointed by the governor with the consent of the council. Any interested individual, association, or entity may make [recommendation] recommendations to the governor. The members of the board shall include [5] 6 registered nurses, [one] 2 of whom shall be [an] advanced practice registered [nurse] nurses, 2 licensed practical nurses, [2] 3 licensed nursing assistants, one of whom shall be a medication licensed nursing assistant if possible, and 2 representative members of the public. The terms of members shall be staggered as determined by the governor and council. All terms shall be for 3 years, and no member of the board shall be appointed to more than 3 consecutive terms.
Amend RSA 310:5 as inserted by section 8 of the bill by replacing it with the following:
310:5 Administration of the Office of Professional Licensure and Certification; Funding.
I. The executive director of the office of professional licensure and certification shall establish and collect all license, certification, and renewal fees, as well as any necessary administrative fees for each professional regulatory board administered by the office. Such fees shall be sufficient to produce estimated revenues up to 125 percent of the total operating expenses for the office, as determined by averaging the operating expenses for the office for the previous 2 fiscal years.
II. There is hereby established the office of professional licensure and certification fund into which the fees collected under paragraph I shall be deposited. The fund shall be a separate, dedicated, nonlapsing fund, continually appropriated to the office of professional licensure and certification. Moneys in the fund shall be used to pay all costs and salaries associated with the office, and any remaining funds in a biennium shall be used for capital expenditures related to the operation of the office of professional licensure and certification. At the close of each biennium, any funds in excess of $3,000,000 shall be used to reduce licensing and certification fees.
III. There is hereby established a dedicated, 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 at the time of initial licensure, renewal licensure, or reinstatement of licensure, 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, board of 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. The moneys in this fund shall be continually appropriated to the office.
IV. The office of professional licensure and certification shall be responsible for the financing of any interstate compact joined by the state that affects a profession governed by a board listed in RSA 310:2. Such financing shall be from funds deposited in the office of professional licensure and certification fund.
V. The office of professional licensure and certification shall report biennially by each July 1 on how the funds were expended over the previous biennium. The office shall forward the report to the president of the senate, the speaker of the house of representatives, the chairs of the house and senate executive departments and administration committees, the state library, the governor, and applicable boards, and shall make the report available online.
Amend RSA 310:9, V(a) as inserted by section 8 of the bill by replacing it with the following:
(a) Retain qualified experts according to criteria established by the relevant board or who have sufficient knowledge on appropriate statutes or professions and their practices.
Amend the bill by replacing all after section 26 with the following:
27 Repeal of Former OPLC Administrative Provisions. RSA 310-A:1 through RSA 310-A:1-p, relative to the organization of the office of professional licensure and certification are repealed.
28 Repeals; OPLC Administrative Attachment; Obsolete References. The following are repealed:
I. RSA 5:13-a, relative to the administrative attachment of the real estate commission.
II. RSA 205-A:29-a, relative to the administrative attachment of the board of manufactured housing.
III. RSA 205-D:3-a, relative to the administrative attachment of the manufactured housing installation board.
IV. RSA 309-B:4, VIII, relative to the administrative attachment of the board of accountancy.
V. RSA 310-B:4, X, relative to the administrative attachment of the real estate appraiser's board.
VI. RSA 319-C:4, III, relative to the administrative attachment of the electricians board.
VII. RSA 328-C:13, relative to the administrative attachment of the board of family mediators.
VIII. RSA 331-A:5, X, relative to the administrative attachment of the real estate commission.
IX. RSA 332-B:3, IV, relative to the administrative attachment of the board of veterinary medicine.
X. RSA 490-C:7, relative to the administrative attachment of the GAL board.
29 Effective Date. This act shall take effect July 15, 2023.
The signatures below attest to the authenticity of this Report on HB 409-FN, relative to nonresident licensure by the board of barbering, cosmetology, and esthetics.
Conferees on the Part of the Senate Conferees on the Part of the House
_________________________________________ _______________________________________
Sen. Pearl, Dist. 17 Rep. C. McGuire, Merr. 27
_________________________________________ _______________________________________
Sen. Carson, Dist. 14 Rep. Grote, Rock. 24
_________________________________________ _______________________________________
Sen. Perkins Kwoka, Dist. 21 Rep. Santonastaso, Ches. 18
_______________________________________
Rep. Simon, Graf. 1
2023-2206-CofC
This bill reorganizes the office of professional licensure and certification.