Revision: May 18, 2023, 2:59 p.m.
Rep. Grote, Rock. 24
May 18, 2023
2023-1943h
10/07
Amendment to SB 107
Amend the bill by replacing all after section 6 with the following:
7 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 The following are repealed: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.
8 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 The following are repealed: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.
9 Allied Health Professionals Repeal. RSA 328-F:5 VII, relative to rulemaking authority pertaining to investigations and discipline, is repealed.
10 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 The following are repealed: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.
11 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 The following are repealed: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.
12 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.
13 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 The following provisions are repealed: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.
14 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].
15 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.
16 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.
17 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.
18 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].
19 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.
20 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.
21 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.
22 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.
23 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.
24 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.
25 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.
26 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].
27 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.
28 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.
29 Nursing Home Administrators; Rulemaking. Amend RSA 151-A:4, 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].
30 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.
31 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.
32 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.
33 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.
34 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.
35 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.
36 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.
37 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.
38 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.
39 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.
40 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.
41 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.
42 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.
43 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.
44 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].
45 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.
46 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.
47 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.
48 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.
49 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.
50 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.
51 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.
52 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.
53 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.
54 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.
55 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.
56 Board of Manufactured Housing. RSA 205-A:27, IV, relative to complaints and hearings, is repealed.
57 Mechanical Safety and Licensing Board. RSA 153:32, I, and III, relative to disciplinary action, are repealed.
58 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.
59 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.
60 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.
61 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.
62 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].
63 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.
64 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.
65 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.
66 Contingent; Physicians and Surgeons; Repeals. The following provisions are hereby repealed:
I. RSA 329:9, XVII, 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.
67 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.
68 Contingency. Sections 65-67 of this act shall take effect at 12:01 am on the day that HB 655, establishing a new RSA chapter for the administration of the office of professional licensure and certification, of the 2023 regular legislative session becomes law.
I. Sections 65-67 of this act shall take effect as provided in section 68 of this act.
II. The remainder of this act shall take effect 60 days after its passage.
2023-1943h
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.