Revision: May 4, 2023, 2:43 p.m.
Sen. Pearl, Dist 17
Sen. Perkins Kwoka, Dist 21
May 4, 2023
2023-1660s
05/10
Amendment to HB 532-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the licensure and regulation of music therapists and other occupations and professions.
Amend the bill by replacing all after section 6 with the following:
7 Office of Professional Licensure and Certification; New Classified Position; Appropriation.
I. One program assistant II position, labor grade 15, is hereby established as a classified position in the office of professional licensure and certification.
II. The amount necessary to pay for the position established in paragraph I and for the per diem and travel reimbursement as required under RSA 328-F:6 for the music therapy governing board established in this act is hereby appropriated to the executive director of the office of professional licensure and certification. Salaries and necessary expenses shall be a charge against the office of professional licensure and certification fund.
8 Barbering, Cosmetology, and Esthetics; Penalty for Operating without a License. Amend RSA 313-A:9, II(b) to read as follows:
(b) Hire, [or] employ, or otherwise allow any person to engage in a practice regulated by this chapter, unless such person then holds a valid license or a temporary permit issued by the board to practice the respective profession.
9 Barbering, Cosmetology, and Esthetics; Shop Licensure. Amend RSA 313-A:19, II to read as follows:
II.[(a)] Any licensed barber, cosmetologist, manicurist, or esthetician shall, upon written application accompanied by the required fees, receive a license to operate a salon, barbershop, or mobile barbershop in this state, provided that the salon, barbershop, or mobile barbershop meets all requirements established in the rules of the board.
[(b) Booths attached to or within a salon or barbershop that are operated independently of the salon or barbershop shall be subject to licensure in the same manner as an independent establishment, except that each independently operated booth shall not be required to have a separate sink or shampoo bowl.]
10 New Paragraph; Physicians and Surgeons; Limitations Upon Operation of Chapter; Persons Excepted. Amend RSA 329:21 by inserting after paragraph IV the following new paragraph:
IV-a. To a physician licensed in another state providing care to a patient in New Hampshire when there is a physician-patient relationship in the physician's home state of licensing with in-person exams conducted by the physician at intervals appropriate for the patient and the patient's medical condition, but not less than annually; or
11 Optometry, Continuing Education Courses Required for Pharmaceutical and Glaucoma Certification. Amend RSA 327:33-a, I to read as follows:
I. An optometrist certified to use pharmaceutical agents in the practice of optometry shall complete a minimum of 50 hours of continuing education every year in order to maintain pharmaceutical certification. A minimum of 20 hours shall be by participation in formal courses and the remainder by independent study. Each optometrist shall report continuing education hours to the board [annually] in accordance with rules adopted by the board for the implementation of this section. Such continuing education courses and activities shall satisfy the requirements of RSA 327:33.
12 Telemedicine and Telehealth Services; Reference to Physician Assistants Added. Amend RSA 310:7, II to read as follows:
II. Individuals licensed, certified, or registered pursuant to RSA 137-F; RSA 151-A; RSA 315; RSA 316-A; RSA 317-A; RSA 326-B; RSA 326-D; RSA 326-H; RSA 327; RSA 328-D; RSA 328-E; RSA 328-F; RSA 328-G; RSA 329-B; RSA 330-A; RSA 330-C; RSA 327-A; RSA 329; RSA 326-B; RSA 318; RSA 328-I; RSA 328-J may provide services through telemedicine or telehealth, provided the services rendered are authorized by scope of practice. Nothing in this provision shall be construed to expand the scope of practice for individuals regulated under this chapter.
13 Telemedicine and Telehealth Services; Reference to Naturopathic Doctors Added. Amend RSA 310:7, VI to read as follows:
VI. Physicians and physician assistants, governed by RSA 329 and RSA 328-D; advanced practice nurses, governed by RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b; midwives, governed by RSA 326-D; psychologists, governed by RSA 329-B; naturopathic doctors, governed by RSA 328-E; allied health professionals, governed by RSA 328-F; dentists, governed by RSA 317-A; mental health practitioners governed by RSA 330-A; community mental health providers employed by community mental health programs pursuant to RSA 135-C:7; alcohol and other drug use professionals, governed by RSA 330-C; and dietitians, governed by RSA 326-H shall be authorized to provide consultation services or follow-up care via telehealth to a patient who previously received services from the provider in the state where the provider is licensed.
14 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.
15 Contingency. If HB 655 of the 2023 general legislative session becomes law, Sections 12, 13, and 14 of this act shall take effect on July 1, 2023, at 12:01 a.m. If HB 655 does not take effect, sections 12, 13, and 14 of this act shall not take effect.
I. Sections 12-14 of this act shall take effect as provided in section 15 of this act.
II. The remainder of this act shall take effect July 1, 2023.
2023-1660s
AMENDED ANALYSIS
This bill:
I. Establishes the licensure and regulation of music therapists under the allied health professionals.
II. Revises certain licensing criteria for barbering, cosmetology, and esthetics.
III. Provides a licensing exemption for some physicians licensed out of state to treat existing patients in New Hampshire.
IV. Removes the requirement that optometrists report certain continuing education hours to the board on an annual basis.
V. Adds physician assistants and naturopathic doctors to the statute authorizing telehealth services, contingent upon passage of HB 655 (2023).
VI. Contingently repeals certain former OPLC provisions in RSA 310-A that are consolidated under RSA 310 in HB 655 (2023).