HB1188 (2024) Detail

Relative to qualifications for licensed nursing assistants.


HB 1188-FN - VERSION ADOPTED BY BOTH BODIES

 

28Mar2024... 1025h

2024 SESSION

24-2074

09/05

 

HOUSE BILL 1188-FN

 

AN ACT relative to qualifications for licensed nursing assistants.

 

SPONSORS: Rep. Grote, Rock. 24; Rep. Bordes, Belk. 5; Rep. Grassie, Straf. 8

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill amends the requirement that a licensed nursing assistant must have the ability to read and write in the English language and allows the board of nursing to establish rules on the level of English proficiency required.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

28Mar2024... 1025h 24-2074

09/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to qualifications for licensed nursing assistants.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Nurse Practice Act; Licensure; All Applicants.  Amend RSA 326-B:16 to read as follows:

326-B:16 Licensure; All Applicants.

I.  All applicants seeking licensure as an APRN, RN, or LPN shall:

[I.] (a)  Submit a completed application and fees as established by the [board] executive director.

[II.] (b) Have the ability to read and write in the English language.

[III.] (c)  Report any pending criminal charges, criminal convictions, or plea arrangement in lieu of convictions.

[IV.] (d)  Have committed no acts or omissions which are grounds for disciplinary action as set forth in this chapter, or, if such acts have been committed and would be grounds for disciplinary action, the board has found, after investigation, that sufficient restitution has been made.

[V.] (e)  Meet continuing competence requirements as defined in rules adopted under RSA 541-A.

[VI.] (f)  Meet other criteria as established by the board.

II.  All applicants seeking licensure as an LNA shall:

(a)  Submit a completed application and fees as established by the executive director.

(b)  Have sufficient aptitude in the English language as defined in rules adopted under RSA 541-A.

(c)  Report any pending criminal charges, criminal convictions, or plea arrangement in lieu of convictions.

(d)  Have committed no acts or omissions which are grounds for disciplinary action as set forth in this chapter, or, if such acts have been committed and would be grounds for disciplinary action, the board has found, after investigation, that sufficient restitution has been made.

(e)  Meet continuing competence requirements as defined in rules adopted under RSA 541-A.

(f)  Meet other criteria as established by the board.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

24-2074

Amended 3/29/24

 

HB 1188-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2024-1025h)

 

AN ACT relative to qualifications for licensed nursing assistants.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Revenue Fund(s)

Office of Professional Licensure and Certification Fund

Expenditures

$0

$0

$0

$0

Funding Source(s)

None

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A

Does this bill authorize new positions to implement this bill? [X] N/A

 

METHODOLOGY:

This bill amends the requirement that a licensed nursing assistant must have the ability to read and write in the English language and allows the board of nursing to establish rules on the level of English proficiency required.

 

The Office of Professional Licensure and Certification (OPLC) states the bill divides application requirements into two groups: one for APRNs, RNs, and LPNs, and another for LNAs.  A notable distinction between the categories is that APRNs, RNs, and LPNs must demonstrate proficiency in reading and writing English, a requirement that will no longer apply to LNAs. The OPLC is uncertain about the number of additional applications it would receive due to the revised requirements, particularly the elimination of the English language proficiency requirement for LNAs.  However, currently there are 18,191 licensed LNAs with a license fee of $35 for a two year term.  The OPLC states they do not track denials but they do know they have not denied anyone, to this point, for failure to meet the English language proficiency requirement.  This change will have an indeterminable fiscal impact on state revenues starting in FY 2025.

 

AGENCIES CONTACTED:

Office of Professional Licensure and Certification

 

Amendments

Date Amendment
March 18, 2024 2024-1025h

Links


Date Body Type
Feb. 20, 2024 House Hearing
March 13, 2024 House Exec Session
March 13, 2024 House Floor Vote
April 17, 2024 Senate Hearing
May 16, 2024 Senate Floor Vote

Bill Text Revisions

HB1188 Revision: 42075 Date: May 15, 2024, 8:08 p.m.
HB1188 Revision: 41438 Date: April 16, 2024, 9:44 a.m.
HB1188 Revision: 41244 Date: March 18, 2024, 12:29 p.m.
HB1188 Revision: 39676 Date: Dec. 1, 2023, 3:01 p.m.

Docket


May 9, 2024: Ought to Pass: MA, VV; OT3rdg; 05/15/2024; SJ 12


May 7, 2024: Committee Report: Ought to Pass, 05/16/2024; Vote 5-0; CC; SC 19


April 3, 2024: Hearing: 04/17/2024, Room 103, SH, 09:00 am; SC 14


April 2, 2024: Introduced 03/21/2024 and Referred to Executive Departments and Administration; SJ 8


March 28, 2024: Ought to Pass with Amendment 2024-1025h: MA VV 03/28/2024 HJ 10


March 28, 2024: Amendment # 2024-1025h: AA VV 03/28/2024 HJ 10


March 18, 2024: Committee Report: Ought to Pass with Amendment # 2024-1025h 03/13/2024 (Vote 20-0; CC) HC 12 P. 15


March 6, 2024: Executive Session: 03/13/2024 10:00 am LOB 306-308


Feb. 27, 2024: Subcommittee Work Session: 03/06/2024 10:00 am LOB 306-308


Feb. 13, 2024: Public Hearing: 02/20/2024 10:30 am LOB 307


Dec. 1, 2023: Introduced 01/03/2024 and referred to Executive Departments and Administration