CHAPTER 212
SB 107 - FINAL VERSION
02/22/2023 0587s
8Jun2023... 2012h
8Jun2023... 2075h
06/29/2023 2240EBA
2023 SESSION
23-0852
09/10
SENATE BILL 107
AN ACT relative to the general administration of regulatory boards and commissions.
SPONSORS: Sen. Carson, Dist 14; Rep. C. McGuire, Merr. 27
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill makes certain changes to the administration requirements for regulatory boards and commissions and revises the procedure for occupational licensure applicants with criminal convictions. The bill also revises the regulation of hearings, disciplinary proceedings, and other administration by occupational boards under 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/22/2023 0587s
8Jun2023... 2012h
8Jun2023... 2075h
06/29/2023 2240EBA 23-0852
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the general administration of regulatory boards and commissions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
212:1 New Paragraph; State Recognition. Amend RSA 332-G:1 by inserting after paragraph II the following new paragraph:
III. As used in this chapter, "state recognition" means an occupational, trade, vocational, professional, or business license, permit, certificate, or registration.
212:2 Investigatory and Legal Expenses. Amend RSA 332-G:3 to read as follows:
332-G:3 Investigatory and Legal Expenses. Notwithstanding any other provision of law, except for those boards or commissions under the supervision of the office of professional licensure and certification, a board or commission may retain expert witnesses or other qualified persons to assist with any investigation or adjudicatory proceeding. Members of the board or commission are not eligible for retainment. The board or commission may also retain special legal counsel in instances when recommended by the attorney general. To the extent the existing appropriation of the board or commission does not include funds covering such expenditures, the board or commission may request the governor and council to expend funds not otherwise appropriated on the condition that such funds be considered in the next budget of the board or commission when the board or commission sets its fees so as to produce estimated revenues equal to 125 percent of its direct operating expenses for the previous fiscal year.
212:3 Time Limits for Hearings on Disciplinary Actions. Amend RSA 332-G:8 to read as follows:
332-G:8 Time Limits for Hearings on Disciplinary Actions. For all disciplinary actions under this title which do not require a hearing to be held within one year of the date upon which notice of the complaint was received by the accused, [the notice of a hearing on a disciplinary action pursuant to a written complaint or initiation of formal disciplinary proceedings before any board or commission under this title shall be issued by the board or commission] the board shall commence the final adjudicatory hearing within 2 years of the date it initiated a formal disciplinary proceeding based upon either a [the notice of] complaint, its own initiative, or other action. [or initiation of formal disciplinary proceeding was received by the accused in the disciplinary action, unless otherwise agreed to by the parties in the disciplinary action.] An agency may extend the time periods provided for in this section or in any other provision of law upon written agreement of the respondent to the disciplinary action. Any request made by a respondent to continue any portion of a disciplinary action will constitute a waiver of this provision.
212:4 Criminal Conviction. RSA 332-G:10 is repealed and reenacted to read as follows:
332-G:10 Criminal Conviction.
I. No board or commission shall disqualify a person from practicing, pursuing, or engaging in any occupation, trade, vocation, profession, or business for which state recognition is required under this title, nor suspend or revoke such state recognition because of a prior conviction of a crime in and of itself. A board or commission may only deny a state recognition, or may suspend or revoke such state recognition, because of a prior conviction after:
(a) Considering the nature of the crime, and any information provided as to the current circumstances of the convicted person, including but not limited to their rehabilitation, completion of the criminal sentence, amount of time that has passed since the conviction or release, testimonials, employment history, and employment aspirations; and
(b) Determining by clear and convincing evidence that:
(1) The conviction has a substantial and direct relationship to the occupation, trade, vocation, profession, or business for which the person has applied for or obtained state recognition; and
(2) Disqualifying the individual or suspending or revoking the state recognition based upon that conviction serves the purpose of protecting public safety.
II. An individual with a prior criminal conviction may petition a board or commission at any time, including before obtaining any required education or training, for a determination of whether the individual's criminal conviction will disqualify the individual from obtaining state recognition. The individual shall include in the petition the individual's criminal record or authorize the board or commission to obtain the individual's criminal record; and may include additional information about the individual's current circumstances.
III. The board or commission considering a petition shall follow the same standard and process set forth in paragraph I, and issue its determination within 90 days after the board or commission receives the petition. The determination shall be in writing and include the criminal record, findings of fact, and conclusions of law.
IV. If the board or commission determines the conviction has a substantial and direct relationship to the occupation, trade, vocation, or profession for which the person has applied for or obtained state recognition and disqualifies the individual from obtaining state recognition, the board or commission may advise the individual of actions the individual may take to remedy the disqualification. The individual may submit a revised petition reflecting the completion of the remedies at any time after 90 days following the board's or commission's judgment.
V. The individual may appeal the determination in paragraph III as provided for in RSA 541.
VI. The individual may submit a new petition to the board or commission at any time after 2 years following a final judgment on the initial petition.
VII. The board or commission may rescind its determination at any time if the individual is convicted of an additional offense that the board or commission determines meets the elements in paragraph I.
VIII. The board or commission may charge a fee to recoup its costs not to exceed $100 for each petition.
IX. The office of professional licensure and certification shall establish an annual reporting requirement of the number of applicants petitioning each board or commission, the numbers of each board or commission's approvals and denials for petition, the type of offenses for which each board or commission approved or denied the petitions, and other data the office determines. The office will compile and publish annually a report on a searchable public website.
212:5 Repeal. RSA 332-G:13, relative to the right to petition a board for review of a criminal record, is repealed.
212:6 Board of Acupuncture Licensing Repeals. The following are repealed:
I. RSA 328-G:7, VII, relative to rulemaking for hearings.
II. RSA 328-G:12, relative to disciplinary proceedings.
III. RSA 328-G:13, relative to hearings.
IV. RSA 328-G:14, relative to penalties.
212:7 Alcohol and Other Drug Use Professionals; Repeals. The following are repealed:
I. RSA 330-C:5 IV and V relative to investigations and hearings, and subpoena power.
II. RSA 330-C:9, IX, relative to rulemaking authority pertaining to hearings.
III. RSA 330-C:27 I, II, IV, V, and VI, relative to disciplinary action.
IV. RSA 330-C:28, relative to investigations and hearings.
V. RSA 330-C:29, relative to hearings.
VI. RSA 330-C:30, relative to rehearing and appeals.
212:8 Allied Health Professionals Repeal. RSA 328-F:5 VII, relative to rulemaking authority pertaining to investigations and discipline, is repealed.
212:9 Barbering, Cosmetology and Esthetics Repeals. The following are repealed:
I. RSA 313-A:22, I, III, and IV, relative to disciplinary action.
II. RSA 313-A:23, relative to hearings.
III. RSA 313-A:32, relative to suspension of operation.
212:10 Chiropractic; Repeals. The following are repealed:
I. RSA 316-A:3, X, relative to procedures for investigations.
II. RSA 316-A:3, XI, relative to hearings procedures.
III. RSA 316-A:3, XII, relative to methods of informing the public of results of disciplinary action.
IV. RSA 316-A:22, I, III, IV, V, and VI, relative to disciplinary action.
V. RSA 316-A:23, relative to hearings.
212:11 Dentists and Dentistry; Dental Hygienists Committee. Amend RSA 317-A:2-a, II to read as follows:
II. The committee shall develop and propose the administrative rules regarding the practice, [discipline,] education, examination, and licensure of dental hygienists, for the board's consideration pursuant to RSA 317-A:12. The committee shall have no independent regulatory or disciplinary authority.
212:12 Repeals; Dentistry. The following provisions are repealed:
I. RSA 317-A:4 I(c), relative to disciplinary proceedings.
II. RSA 317-A:12, IX, relative to rulemaking authority pertaining to hearings.
III. RSA 317-A:17, I and III, relative to professional misconduct.
IV. RSA 317-A:18, relative to investigatory powers of the board.
V. RSA 317-A:18-a, relative to hearings, decisions, and appeals.
VI. RSA 317-A:18-b, relative to temporary suspension of licensure.
212:13 Licensed Dietitians; Issuance, Expiration, and Renewal of a License. Amend RSA 326-H:9, V to read as follows:
V. Establish appropriate [disciplinary] actions including [penalties, sanctions,] supplemental training requirements and treatment and counseling requirements for licensees involved in violations of the code of ethics[, which may include revocation of license, suspension of license, fines, community service, oral or written reprimand, additional education or training, and supervised training and counseling, including substance abuse treatment and counseling].
212:14 Licensed Dietitians; Repeals. The following are repealed:
I. RSA 326-H:10, II, VII, and IX, relative to rulemaking authority pertaining to investigations, hearings, and discipline.
II. RSA 326-H:17, relative to hearings.
212:15 Repeals; Embalmers and Funeral Directors. The following are repealed:
I. RSA 325:9, VIII, relative to procedures for hearings.
II. RSA 325:32, I and III, relative to disciplinary action.
III. RSA 325:32-a, II, III, IV, VI, VII, and VIII, relative to reciprocal discipline.
IV. RSA 325:32-b, relative to temporary suspension of licensure.
V. RSA 325:33, relative to investigatory powers of the board and complaints.
VI. RSA 325:33-a, relative to summons, oaths, and witnesses.
VII. RSA 325:34, relative to hearings, decisions and appeals.
212:16 Cremation of Human Remains; Repeals. The following are repealed:
I. RSA 325-A:9, relative to complaints.
II. RSA 325-A:10, relative to temporary suspension of licensure.
III. RSA 325-A: 12, relative to disciplinary actions.
IV. RSA 325-A:13, relative to appeals.
212:17 Board of Registration for Medical Technicians; Powers. Amend RSA 328-I:3, III to rad as follows:
III. Suspend or revoke certificates of registration upon the grounds listed in RSA 328-I:9[, and conduct hearings regarding the denial, suspension, revocation, and renewal of certificates as provided in RSA 328-I:11].
212:18 Board of Registration for Medical Technicians. The following provisions are repealed:
I. RSA 328-I:3, IV, relative to complaints and investigations.
II. RSA 328-I:4, III, IV, relative to rulemaking authority pertaining to investigations and hearings, and notice.
III. RSA 328-I:10, II, IV, VII, VIII, IX, XII, and XIII, relative to disciplinary action.
IV. RSA 328-I:11, relative to investigations, complaints, and hearings.
V. RSA 328-I:13, relative to administrative fines.
VI. RSA 328-I:14, relative to investigative costs.
212:19 Physician Assistant Practice Act. The following provisions are repealed:
I. RSA 328-D:7, relative to disciplinary action.
II. RSA 328-D:9, relative to appeals.
III. RSA 328-D:10 I(d), relative to rulemaking authority pertaining to appeals.
212:20 Board of Medicine; Physicians and Surgeons. The following provisions are repealed:
I. RSA 329:2 II(b), and (c), relative to investigations through the medical review subcommittee.
II. RSA 329:9 VI, relative to hearings and disciplinary proceedings.
III. RSA 329:17, I, I-a, VII, VII-a, VIII, XII, and XIII, relevant to disciplinary action.
IV. RSA 329:18, relative to investigations.
V. RSA 329:18-a, relative to hearings.
VI. RSA 329:18-b, relative to temporary suspension of licensure.
212:21 Board of Mental Health Practice. The following provisions of RSA 330-A are repealed:
I. RSA 330-A:10, XIII, and XV, relative to rulemaking authority pertaining to complaints, investigations, and disciplinary hearings.
II. RSA 330-A:27, I, III, and V, relative to disciplinary actions.
III. RSA 330-A:28, relative to investigations and complaints.
IV. RSA 330-A:29, relative to hearings.
V. RSA 330-A:30, relative to temporary suspension of licensure.
212:22 Midwifery Council; Public Member. Amend RSA 326-D:3, I(d) to read as follows:
(d) One member of the general public who has familiarity with the practice of midwifery. The public member shall be a resident of the state of New Hampshire who is not, and never has been, a member of the midwifery profession or the spouse of any such person. The public member shall not have, and shall never have had, a material financial interest in either the provision of midwifery services or an activity directly related to midwifery, including the representation of the council or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
212:23 Midwifery Council. The following provisions are repealed:
I. RSA 326-D:4, I(b), and (c), relative to investigations, complaints, and disciplinary proceedings.
II. RSA 326-D:5, III, relative to rulemaking authority pertaining to adjudicative hearings.
III. RSA 326-D:8, I, and III, relative to disciplinary action.
212:24 Naturopathic Board of Examiners. The following are repealed:
I. RSA 328-E:8, II, III, and IV, relative to subpoenas, witness fees, and complaints.
II. RSA 328-E:14-a, relative to hearings and investigations.
212:25 Board of Nursing. Amend RSA 326-B:4, II to read as follows:
II. Provide consultation regarding nursing practice for institutions and agencies [and investigate reports of illegal practice].
212:26 Board of Nursing. The following provisions are repealed:
I. RSA 326-B:4, V, and VI, relative to powers and duties of the board pertaining to investigations and hearings.
II. RSA 326-B:37, I, III, and IV, relative to disciplinary action and misconduct.
III. RSA 326-B:38, relative to investigations and hearings.
IV. RSA 326-B:39, relative to rehearing and appeals.
212:27 New Subparagraph; Nursing Home Administrators. Amend RSA 151-A:3, III by inserting after subparagraph (d) the following new subparagraph:
(e) The public member shall be a resident of the state of New Hampshire who is not, and never has been, a nursing home administrator, or the spouse of any such person. The public member shall not have, and shall never have had, a material financial interest in either the provision of nursing home administration services or an activity directly related to nursing home administration, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
212:28 Nursing Home Administrators; Rulemaking. Amend RSA 151-A:4-a, IV to read as follows:
IV. To establish [procedures and requirements for disciplinary proceedings and] criteria for disciplinary actions[, including suspending, revoking or placing conditions on a license].
212:29 Nursing Home Administrators. The following provisions are repealed:
I. RSA 151-A:4 I.(e), and II, relative to investigations, complaints, and witnesses.
II. RSA 151-A:4-a, VII, relative to rulemaking authority for accepting and processing reports of violations.
III. RSA 151-A:11, II, III, IV, and V, relative to disciplinary proceedings.
212:30 Board of Optometry. The following provisions are repealed:
I. RSA 327:20, I, and III, relative to disciplinary action.
II. RSA 327:20-a, relative to complaints.
III. RSA 327:22, relative to hearings and investigations.
212:31 Pharmacy Board; Public Member. Amend RSA 318:2 to read as follows:
318:2 Board. There shall be a pharmacy board consisting of 7 members; including 6 practicing pharmacists, at least one of whom shall be a full-time hospital pharmacist, and one public member, each to be appointed by the governor, with the approval of the council, to a term of 5 years. No member shall be appointed to more than 2 consecutive terms and no member shall serve for more than 10 consecutive years. Only board members provided for in this section shall have the authority to vote in board determinations. The public member shall be a resident of the state of New Hampshire who is not, and never has been, a member of the pharmacy profession or the spouse of any such person. The public member shall not have, and shall never have had, a material financial interest in either the provision of pharmaceutical services or an activity directly related to pharmaceutical services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
212:32 Board of Pharmacy. The following provisions are repealed:
I. RSA 318:5-a, VIII, relative to rulemaking pertaining to hearings.
II. RSA 318:29, I, IV, and V, relative to disciplinary action.
III. RSA 318:30, relative to investigations and complaints.
IV. RSA 318:30-a, relative to temporary suspension of licenses.
V. RSA 318:31, relative to hearings, decisions and appeals.
212:33 Board of Podiatry. The following provisions are repealed:
I. RSA 315:4, IV, relative to rulemaking authority pertaining to the conduct of hearings.
II. RSA 315:9, I, and III, relative to disciplinary action.
III. RSA 315:10, relative to investigations and preliminary hearings.
IV. RSA 315:10-a, relative to hearings.
V. RSA 315:10-b, relative to temporary suspension of licenses.
212:34 Board of Psychologists. The following provisions of RSA 329-B are repealed:
I. RSA 329-B:10, XII, relative to rulemaking authority pertaining to complaints, investigations, and disciplinary hearings.
II. RSA 329-B:21 I, III, IV, V, and VI, relative to disciplinary action.
III. RSA 329-B:22, relative to investigations and complaints.
IV. RSA 329-B:23, relative to hearings.
V. RSA 329-B:24, relative to temporary suspension of licenses.
212:35 New Paragraph; Veterinary Medicine; Public Member. Amend RSA 332-B:3 by inserting after paragraph IV the following new paragraph:
V. The public member shall be a resident of the state of New Hampshire who is not, and never has been, a member of the veterinary profession or the spouse of any such person. The public member shall not have, and shall never have had, a material financial interest in either the provision of veterinary services or an activity directly related to veterinary practice, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
212:36 Board of Veterinary Medicine. The following provisions are repealed:
I. RSA 332-B:,7 IV, relative to the power of the board to investigate and conduct hearings.
II. RSA 332-B:7-a, VIII, and IX, relative to rulemaking authority pertaining to investigations and hearings.
III. RSA 332-B:14, I, III, and IV, relative to disciplinary action.
IV. RSA 332-B:15, relative to investigations.
V. RSA 332-B:15-a, relative to emergency suspension of licensure.
VI. RSA 332-B:16, relative to hearings, decisions, and appeals.
212:37 Accountancy; Hearings. Amend RSA 309-B:12, X to read as follows:
X. Any person or firm adversely affected by any order of the board entered after a hearing [under this section] may appeal such order by filing a written petition with the superior court in the county in which the respondent resides or, if not a resident of this state, in the county in which the respondent has a place of business or resident agent. An appeal shall not suspend the order of the board unless the court orders otherwise. The record of the hearing of the board's action shall be presented to the superior court for its review pursuant to the procedures and standards of RSA 541. The superior court may affirm, reverse, or modify the board's order or may order a trial de novo. A trial de novo shall be pursuant to the board's rules and the rules of evidence shall not apply.
212:38 Board of Accountancy. The following provisions are repealed:
I. RSA 309-B:4, IV, V, and VI(b), relative to investigations, and hearings.
II. RSA 309-B:10, I, II, and III, relative to enforcement.
III. RSA 309-B:11, relative to enforcement procedures and investigations.
IV. RSA 309 -B:12, I, II, III, IV, V, VI, VII, VIII, and IX, relative to hearings.
212:39 Board of Architects. The following provisions are repealed:
I. RSA 310-A:32, I(h), relative to rulemaking authority pertaining to conducting hearings.
II. RSA 310-A:47, I, relative to investigations and disciplinary proceedings.
III. RSA 310-A:47-a, relative to disciplinary actions and penalties.
IV. RSA 310-A:48, relative to hearings.
212:40 Electricians’ Board. The following provisions are repealed:
I. RSA 319-C:6-a, VI, and VII, relative to rulemaking authority pertaining to investigations and hearings.
II. RSA 319-C:12, I, III, and IV, relative to disciplinary action.
III. RSA 319-C:12-a, relative to hearings.
212:41 Family Mediators; Public Members. Amend RSA 328-C:4, I(d) to read as follows:
(d) Two members of the public, appointed by the governor with the consent of the council. The public members shall be residents of the state of New Hampshire who are not, and never have been, members of the family mediation profession or the spouse of any such person. The public members shall not have, and shall never have had, a material financial interest in either the provision of family mediation services or an activity directly related to family mediation, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
212:42 Family Mediator Certification Board. The following provisions of RSA 328-C are repealed:
I. RSA 328-C:4-a, VI, relative to investigations and disciplinary action.
II. RSA 328-C:7, I, II, IV, V, and VI, relative to disciplinary action.
III. RSA 328-C:7-a, relative to appeals.
IV. RSA 328-C:8, I(f), relative rulemaking authority pertaining to disciplinary procedures.
212:43 Forester; Rulemaking. Amend RSA 310-A:102, VI to read as follows:
VI. Ethical and professional standards to be met by each license holder under this subdivision [and the manner in which disciplinary actions by the board shall be implemented for violations of these standards].
212:44 Board of Foresters. The following provisions are repealed:
I. RSA 310-A:112, I, and III, relative to disciplinary action.
II. RSA 310-A:113, relative to hearings.
212:45 Guardian ad Litem Board; Public Members. Amend RSA 490-C:2, I(h) to read as follows:
(h) Two members of the general public representing the interests of those individuals receiving the services of guardians ad litem, appointed by the governor. The public members shall be individuals who are not, and never have been, members of the guardian ad litem profession or the spouse of any such person. The public members shall not have, and shall never have had, a material financial interest in either the provision of guardian ad litem services or an activity directly related to guardian ad litem services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
212:46 Guardian ad Litem Board; Complaints. Amend RSA 490-C:4, I(g) to read as follows:
(g) [Investigate and resolve complaints against certified guardians ad litem, and against formerly certified guardians ad litem who are claimed to have engaged in acts or omissions prohibited when certified.] The board may, upon the submission of a written allegation or complaint against a presently or formerly certified guardian ad litem who holds, held, or may hold an appointment in a case under the authority of a court, refer that matter to the appropriate court for investigation, resolution, or other action. Such referral may be made regardless of whether the allegation or complaint relates to a case which is then pending in court and may be made in lieu of or in addition to any investigatory or disciplinary procedures that the board may itself be authorized to pursue. The board may further informally resolve complaints by agreement. A complaint relating to a trial or judicial proceeding in progress shall be dismissed without prejudice, unless the board for good cause votes to proceed immediately with such complaint.
212:47 Guardian ad Litem Board. Amend RSA 490-C:4, II(i) to read as follows:
(i) Establish [procedures and] requirements relating to the resignation or surrender of certification including the circumstances or conditions under which a certified guardian ad litem may resign or surrender his or her certification.
212:48 Guardian ad Litem Board. Amend RSA 490-C:5, II(e) to read as follows:
(e) [Procedures and] Requirements relating to the resignation or surrender of certification, including but not limited to the circumstances or conditions under which a certified guardian ad litem may resign or surrender his or her certification.
212:49 Guardian ad Litem Board. The following provisions are repealed:
I. RSA 490-C:4, I(f); and II(f), (j), and (k), relative to disciplinary proceedings.
II. RSA 490-C:5 I(f), (g), and (h); and II(c), (d), (f), and (g), relative to rulemaking authority pertaining to investigations, complaints, and disciplinary proceedings.
III. RSA 490-C:8, relative to appeals.
212:50 Board of Home Inspectors. The following provisions are repealed:
I. RSA 310-A:187, I(c), and (d), relative to rulemaking authority pertaining to disciplinary actions and the conduct of hearings.
II. RSA 310-A:196, I, relative to disciplinary action.
III. RSA 310-A: 197, I, II, III, IV, V, VII, and VIII, relative to hearings.
212:51 Installation Standards Board. The following provisions are repealed:
I. RSA 205-D:6, relative to complaints.
II. RSA 205-D:13, I, and III, relative to disciplinary action.
III. RSA 205-D:14, relative to hearings.
IV. RSA 205-D:20, IX, relative to rulemaking authority pertaining to a complaint process.
212:52 Board of Land Surveyors. The following provisions are repealed:
I. RSA 310-A:58, VIII, relative to rulemaking authority pertaining to the conduct of hearings.
II. RSA 310-A:70, I and III, relative to disciplinary action.
III. RSA 310-A:71, relative to hearings.
212:53 Board of Landscape Architects. The following provisions are repealed:
I. RSA 310-A:143, I(h), relative to rulemaking authority pertaining to the conduct of hearings.
II. RSA 310-A:155, I, relative to disciplinary action.
III. RSA 310-A:156, relative to hearings.
212:54 Board of Manufactured Housing; Public Members. Amend RSA 205-A:25, I(a) to read as follows:
(a) Two public members, appointed by the governor. The public members shall be residents of the state of New Hampshire who are not, and never have been, members of the manufactured housing profession or the spouse of any such person. The public members shall not have, and shall never have had, a material financial interest in either the provision of manufactured housing services or an activity directly related to manufactured housing, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
212:55 Board of Manufactured Housing. RSA 205-A:27, IV, relative to complaints and hearings, is repealed.
212:56 Mechanical Safety and Licensing Board. RSA 153:32, I, and III, relative to disciplinary action, are repealed.
212:57 Board of Natural Scientists. The following provisions are repealed:
I. RSA 310-A:93, I, and III, relative to disciplinary action.
II. RSA 310-A: 94, relative to hearings.
212:58 Board of Professional Engineers. The following provisions are repealed:
I. RSA 310-A:6, I(h), relative to rulemaking authority pertaining to the conduct of hearings.
II. RSA 310-A:22, I, relative to investigations and disciplinary proceedings.
III. RSA 310-A:22-a, I and II, relative to investigations and enforcement.
IV. RSA 310-A:23, I relative to hearings, appeals, and penalties.
212:59 Board of Professional Geologists. The following provisions are repealed:
I. RSA 310-A:121, I(f), relative to rulemaking authority pertaining to the conduct of hearings.
II. RSA 310-A:133, I, and III, relative to investigations and disciplinary proceedings.
III. RSA 310-A:134, I, relative to investigations and enforcement.
IV. RSA 310-A:135, relative to hearings, appeals, and penalties.
212:60 Real Estate Appraisers Board. The following provisions are repealed:
I. RSA 310-B:18, I, III, and IV, relative to disciplinary proceedings.
II. RSA 310-B:19, relative to hearings, and investigations.
III. RSA 310-B:23-a, relative to summons, oaths, and witnesses.
IV. RSA 310-B:24 VII, relative to rulemaking authority pertaining to investigations and hearings.
212:61 Real Estate Commission; Discipline. Amend RSA 331-A:28, I and I-a to read as follows:
I. The commission may investigate, by and through the office of professional licensure and certification, the actions of any person engaged in the business or acting in the capacity of a real estate broker or real estate salesperson, regardless of whether the transaction was for the person's own account or in the capacity as broker or salesperson. [If found guilty, after a hearing, of violating this chapter, the commission may impose any one or more of the following sanctions:
(a) Suspend, revoke or deny a license or the renewal of such license.
(b) Levy a fine not to exceed $2,000 for each offense.
(c) Require the person to complete a course or courses in selected areas of real estate practice relevant to the section of this chapter violated.]
I-a. The commission may investigate, by and through the office of professional licensure and certification, the actions or qualifications of any person engaged in offering to present or presenting an accredited preparatory or continuing education program of study to licensees or potential licensees, when the commission receives a complaint or other information that indicates that the program of study is not meeting the requirements of the accreditation granted to an individual, institution, or organization, or is otherwise violating this chapter, or a lawful rule or order of the commission. [If, after a hearing, the commission finds a violation of this chapter, the commission may impose one or more of the following sanctions:
(a) Suspend, revoke, or deny an accreditation or the renewal of an accreditation.
(b) Levy a fine not to exceed $2,000 for each offense.
(c) Require the person to complete a course or courses in selected areas of real estate practice or education relevant to the violation].
212:62 Real Estate Commission. The following provisions are repealed:
I. RSA 331-A:7, V, and VI, relative to hearings, orders, subpoenas, and statements of charges.
II. RSA 331-A:29, relative to investigation procedures.
III. RSA 331-A:30, relative to hearing procedures.
212:63 Board of Septic System Evaluators. The following provisions are repealed:
I. RSA 310-A:207, I(e), relative to rulemaking authority pertaining to the conduct of hearings.
II. RSA 310-A:216 I, relative to disciplinary action.
III. RSA 310-A:217, relative to hearings.
212:64 Contingent; Physicians and Surgeons; Examining Board; Rulemaking Authority. Amend RSA 329:9, XVII as follows:
XVII. [The purpose, scope, and procedures of the medical review subcommittee.] The establishment of a panel of clinician licensees to assist the office in carrying out its investigative obligations under RSA 310, provided that committee appointments shall be made by the executive director in accordance with criteria established by the board.
212:65 Contingent; Physicians and Surgeons; Repeals. The following provisions are hereby repealed:
I. RSA 329:9, XVIII, relative to the relationship between the board and the medical review subcommittee.
II. RSA 329:9, XIX, relative to procedures to be followed during informal and formal investigations.
212:66 Contingent; New Paragraph; OPLC Procedures. Amend RSA 310:2 by inserting after paragraph II the following new paragraph:
III. Any board under the office of professional licensure and certification may petition the governor for removal of a member of the board for malfeasance, misfeasance, inefficiency in fulfillment of duties as a board member, incapacity, unfitness to perform assigned duties, absence from at least 3 consecutive meetings of the board, or reasons provided for in other applicable statutes. Any vacancy in the membership of the board occurring otherwise than by expiration of a member’s term shall be promptly filled for the unexpired term.
212:67 Contingency. Sections 64-66 of this act shall take effect at 12:01 am on the day that HB 655-FN, or another act establishing new RSA chapter 310 for the administration of the office of professional licensure and certification, of the 2023 regular legislative session becomes law.
212:68 Authority for Transfer of OPLC Provisions. The director of legislative services shall have the authority to move and renumber the text of legislation enacted in any bill which becomes law in the 2023 regular legislative session and which inserts into or amends the administrative provisions of the office of professional licensure and certification currently in RSA 310-A into new RSA 310 as established in the 2023 legislative session, whether in HB 655-FN or another act establishing such RSA 310. The authority to move and renumber RSA provisions shall include any necessary technical and grammatical changes, provided however that no substantive changes shall be made. This authority shall expire at the publication of the laws of 2023.
I. Sections 64-66 of this act shall take effect as provided in section 67 of this act.
II. Section 68 of this act shall take effect upon its passage.
III. The remainder of this act shall take effect 60 days after its passage.
Approved: August 04, 2023
Effective Date:
I. Sections 64-66 effective as provided in section 67
II. Section 68 effective August 4, 2023
III. Remainder effective October 3, 2023
| Date | Amendment |
|---|---|
| Feb. 16, 2023 | 2023-0587s |
| May 18, 2023 | 2023-1943h |
| May 31, 2023 | 2023-2012h |
| May 31, 2023 | 2023-2075h |
| July 11, 2023 | 2023-2240EBA |
| Date | Body | Type |
|---|---|---|
| Feb. 16, 2023 | Senate | Hearing |
| Feb. 23, 2023 | Senate | Floor Vote |
| April 5, 2023 | House | Hearing |
| May 24, 2023 | House | Exec Session |
| May 22, 2023 | House | Hearing |
| May 24, 2023 | House | Exec Session |
| May 24, 2023 | House | Floor Vote |
| May 24, 2023 | House | Floor Vote |
Aug. 9, 2023: III. Remainder Effective 10/03/2023
Aug. 9, 2023: II. Section 68 Effective 08/04/2023
Aug. 9, 2023: I. Section 64-66 of this act shall take effect as provided in Section 67
Aug. 9, 2023: Signed by the Governor on 08/04/2023; Chapter 0212
July 18, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
July 19, 2023: Enrolled (in recess of) 06/29/2023 HJ 17 P. 18
July 18, 2023: Enrolled Adopted, VV, (In recess 06/29/2023); SJ 20
July 11, 2023: Enrolled Bill Amendment # 2023-2240e Adopted, VV, (In recess of 06/29/2023); SJ 20
July 7, 2023: Enrolled Bill Amendment # 2023-2240e: AA VV (in recess of) 06/29/2023 HJ 17 P. 16
June 15, 2023: Sen. Pearl Moved to Concur with the House Amendment, MA, VV; 06/15/2023; SJ 19
June 8, 2023: Ought to Pass with Amendment 2023-2012h 2023-2075h: MA VV 06/08/2023 HJ 15 P. 72
June 8, 2023: FLAM # 2023-2075h (Rep. C. McGuire): AA VV 06/08/2023 HJ 15 P. 72
June 8, 2023: Amendment # 2023-2012h: AA VV 06/08/2023 HJ 15 P. 66
June 5, 2023: Removed from Consent (Reps. C. McGuire, Grote, Schuett, Simon, F. Davis, T. Lekas, Post, Gerhard, A. Lekas, D. McGuire) 06/05/2023 HJ 15 P. 2
May 31, 2023: Committee Report: Ought to Pass with Amendment # 2023-2012h 05/24/2023 (Vote 20-0; CC)
May 31, 2023: Committee Report: Ought to Pass with Amendment # 2023-1943h 05/24/2023 (Vote 20-0; CC)
May 1, 2023: Executive Session: 05/24/2023 10:30 am LOB 306-308
May 19, 2023: Public Hearing on non-germane Amendment # 2023-1943h: 05/22/2023 11:00 am LOB 306-308
May 1, 2023: Executive Session: 05/24/2023 10:30 am LOB 306-308
March 28, 2023: Public Hearing: 04/05/2023 01:30 am LOB 306-308
March 20, 2023: Introduced (in recess of) 03/16/2023 and referred to Executive Departments and Administration
Feb. 22, 2023: Ought to Pass with Amendment 2023-0587s, MA, VV; OT3rdg; 02/22/2023; SJ 8
Feb. 22, 2023: Committee Amendment # 2023-0587s, AA, VV; 02/22/2023; SJ 8
Feb. 16, 2023: Committee Report: Ought to Pass with Amendment # 2023-0587s, 02/22/2023; Vote 5-0; CC; SC 11
Feb. 8, 2023: Hearing: 02/16/2023, Room 103, SH, 09:00 am; SC 10
Jan. 19, 2023: Introduced 01/05/2023 and Referred to Executive Departments and Administration; SJ 4