Revision: Dec. 29, 2022, 1:27 p.m.
2023 SESSION
23-0669.0
02/10
HOUSE BILL [bill number]
AN ACT relative to unauthorized practice in occupational and professional licensing and certification.
SPONSORS: [sponsors]
COMMITTEE: [committee]
─────────────────────────────────────────────────────────────────
ANALYSIS
This bill clarifies that penalties for the unlicensed practice of a profession regulated under the office of professional licensure and certification do not apply so long as the person practicing does not hold themselves out as being licensed or certified and discloses the fact that he or she is not licensed or certified.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0669.0
02/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to unauthorized practice in occupational and professional licensing and certification.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Office of Professional Licensure and Certification; Penalties. Amend the introductory paragraph of RSA 310-A:1-m, VIII to read as follows:
VIII. Whoever, not being licensed or otherwise authorized to practice according to the laws of this state, shall advertise oneself as engaging in a profession licensed or certified by the office of professional licensure and certification[, shall engage in activity requiring professional licensure, or in any way hold oneself out as qualified to do so,] or call oneself a licensed professional, or whoever does such acts after receiving notice that such person's license to practice has been suspended or revoked, is engaged in unlawful practice. Nothing in this section shall prevent an unlicensed person engaged in providing services of any profession regulated by the office of professional licensure and certification under this chapter as long as the person does not advertise or hold themselves out as being licensed. Any person who practices an occupation or profession regulated under this section without obtaining a license or certification shall prominently disclose the fact that he or she is not licensed or certified before providing services or before asking a client to sign a contract for services. After hearing and upon making an affirmative finding of unlawful practice, the board, council, or commission may take action in any one of the following ways:
2 Effective Date. This act shall take effect January 1, 2024.