Revision: March 20, 2024, 2:57 p.m.
Rep. T. Lekas, Hills. 38
March 20, 2024
2024-1248h
05/09
Amendment to HB 1271
Amend the bill by replacing sections 1-10 with the following:
1 New Paragraph; Acupuncture; Findings and Purpose. Amend RSA 328-G:1 by inserting after paragraph II the following new paragraph:
III. To provide state supervision over regulatory bodies comprised of active market participants, the responsibility for implementation of this chapter shall be transferred to the executive director of the office of professional licensure and certification. The executive director shall consult with the advisory board when implementing this chapter. Rules in effect upon the effective date of this section shall remain in effect until repealed by the executive director of the office of professional licensure and certification or until the rules expire, whichever occurs first.
2 Acupuncture; Definitions. Amend RSA 328-G:2, III to read as follows:
III. "Board" means the advisory board of acupuncture licensing established under RSA 328-G:3.
3 Acupuncture; Board Established. RSA 328-G:3 is repealed and reenacted to read as follows:
328-G:3 Advisory Board Established.
I. The office of professional licensure and certification shall establish an advisory board of acupuncture licensing consisting of 3 members appointed by the executive director. One member shall be a certified acupuncture detoxification specialist. Two members shall be licensed acupuncturists. Each member shall be appointed to a term of 3 years. No member shall serve more than 2 consecutive full terms. The board shall advise the executive director regarding the implementation of this chapter.
II. The office of professional licensure and certification, in consultation with the board, shall adopt rules pursuant to RSA 541-A relative to the practice of acupuncture and acupuncture detoxification, including rules regarding the procedure for granting, revoking, and reinstating a license.
4 Acupuncture; Meetings; Rulemaking Authority. Amend RSA 328-G:6 and 328-G:7 to read as follows:
328-G:6 Organization and Meetings. The board shall hold regular meetings at least semi-annually and shall give notice to its members of the time and place for holding all regular and special meetings. A quorum of the board shall consist of a majority of the members of the board [who have been approved by the governor and council]. The board shall biennially elect a chairperson[, a vice-chairperson, and a secretary from among its members].
328-G:7 Rulemaking Authority.
The office of professional licensure and certification, in consultation with the board, shall adopt rules, under RSA 541-A, relative to:
I. Eligibility requirements for an acupuncture license.
II. Scope of practice.
III. Eligibility requirements for license renewal, including continuing education requirements, testing, peer review, and methods to ensure compliance with such requirements.
IV. [Repealed.]
V. Establishing and enforcing ethical and professional standards to be met by each licensee including, as necessary, requirements for proficiency in specialty practice.
VI. Maintaining a register of approved acupuncture schools.
VII. [Repealed.]
VIII. The definition of acupuncture consistent with RSA 328-G:2, I.
IX. Methods for ensuring appropriate display of licenses, including, but not limited to, signs and other forms of advertising.
X. A student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the [board] office of professional licensure and certification.
[XI. Temporary licensure of a visiting acupuncture teacher.
XII.] XI. Establishing a schedule of administrative fines.
[XIII.] XII. Requirements relative to student observers and office assistants.
[XIV.] XIII.(a) Eligibility requirements for certification as an acupuncture detoxification specialist.
(b) Renewal, revocation, or suspension of certification of an acupuncture detoxification specialist.
5 Acupuncture; Licensure Required; Renewal; Reissuance; Continuing Education. Amend RSA 328-G:9 to read as follows:
328-G:9 Licensure Required; Renewal; Reissuance; Continuing Education.
I. No person shall practice acupuncture within this state without first obtaining a license from the [board] office of professional licensure and certification except physicians licensed under RSA 329 and doctors of naturopathic medicine certified under RSA 328-E:12.
II. The [board] office of professional licensure and certification shall issue a license to any applicant who satisfies all of the following requirements:
(a) Has reached the age of [majority] 18 years.
(b) Has current, active NCCAOM certification, or prior NCCAOM certification with documentation of continuing education pursuant to paragraph X of this section, or equivalent certification approved by the [board] office of professional licensure and certification through examination or Credentials Documentation Review.
(c) Has paid the required license application fee and filed the [board] approved licensure application.
(d) Is of good professional character.
(e)(1) Has earned a baccalaureate, registered nurse, or physician's assistant degree from an accredited institution, and has a current, valid license to practice acupuncture from another state whose requirements are substantially equal to or exceed the requirements of RSA 328-G:9, II; or
(2) Has successfully completed a post-secondary acupuncture college program which is approved by the Accreditation Commission for Acupuncture and Herbal Medicine ("ACAHM"), including its successors or predecessors, or the board; or
(3) Has successfully completed an apprenticeship program that, at the time of completion, was in compliance with certification standards set by NCCAOM, including its successors or predecessors. All applicants seeking licensure via apprenticeship route who have not graduated from an accredited acupuncture school must be able to meet all NCCAOM standards for certification or hold a valid license to practice acupuncture from another state whose requirements are substantially similar to or exceed the requirements of RSA 328-G:9, II.
III. Only a person licensed under this chapter, or a physician licensed under RSA 329, or a doctor of naturopathic medicine certified under RSA 328-E:12, shall hold out to members of the public that such person is practicing acupuncture, or use a title or description which suggests such, including any of the following:
(a) C.A. or Certified Acupuncturist.
(b) Acupuncturist.
(c) M.D., C.A. or M.D., Certified Acupuncturist.
(d) Any other letters or words denoting that the person practices acupuncture.
IV. Notwithstanding paragraph III, the title, "Licensed Acupuncturist", and its abbreviations, "L.Ac." or "Lic. Ac.", shall be used only by persons licensed under this chapter.
V.(a) Whoever, not being licensed or exempted as provided in this chapter, shall advertise oneself or in any way hold oneself out as qualified to practice acupuncture, or shall practice acupuncture, or whoever does so after receiving notice that one's license has been revoked, and whoever, being licensed as provided in this chapter, shall advertise or call oneself or allow oneself to be advertised or called a physician or a doctor in such a way as to imply that such credential relates to the provision of acupuncture services, or use any physician's or doctor's insignia for such purposes shall be in violation of this chapter.
(b) Notwithstanding subparagraph (a), the only persons licensed under this chapter that shall be allowed to call themselves a doctor shall be those who have earned a doctoral degree in the practice of acupuncture from an accredited educational institution or other program approved by the board pursuant to administrative rules.
VI. Persons licensed pursuant to this chapter who engage in the practice of acupuncture without complying with this chapter shall be subject to refused renewal, limitation, revocation, or suspension of their license.
VII. Nothing in this chapter is intended to limit, interfere with, or prevent any other licensed health care professionals from practicing within the scope of their licenses as defined by each profession's New Hampshire licensing statutes, but they shall not hold themselves out to the public or any private group of business by any title or description of services that includes any of the terms in paragraphs III or IV unless they are licensed under this chapter, RSA 329, or RSA 328-E:12.
VIII. Notwithstanding any other provisions of law to the contrary, those health care professionals licensed under RSA 316-A who are practicing acupuncture as of July 1, 1997 may petition the [board] office of professional licensure and certification for an exemption to the licensure requirements of this chapter. The [board] office shall consider the educational qualifications and the clinical experience of those individuals licensed under RSA 316-A seeking exemption to the licensure requirements of this chapter.
IX. The procedure and timeframe for license renewals shall be as described in [RSA 310] RSA 310:8.
X. As a condition of renewal of license, the [board] office shall require each licensee to show proof of having completed for each biennial period continuing education units at approved institutions or as approved by the board in accordance with rules adopted by the board. Maintaining continuous NCCAOM certification shall fulfill the continuing education requirement.
6 Acupuncture; Certified Acupuncture Detoxification Specialist. Amend RSA 328-G:9-a to read as follows:
328-G:9-a Certified Acupuncture Detoxification Specialist.
I. The [board] office of professional licensure and certification shall certify as an acupuncture detoxification specialist a qualified individual, not licensed by the [board] office as an acupuncturist, who has successfully completed NADA training or other training in acupuncture detoxification protocols as determined by the board and complied with the rules of the board adopted pursuant to RSA 328-G:7, XIV.
II.(a) A "qualified individual" shall mean a licensed health care professional, recovery coach, peer counselor, or other [board] office of professional licensure and certification approved professional, trained in acu-detox, a standardized auricular acupuncture protocol developed by the NADA, or a training that meets or exceeds the NADA training, as determined by the [board] office, provided she or he is under the general supervision of a licensed acupuncturist, trained in the NADA protocol or equivalent for the purposes of behavioral health applications, including addictions, mental health, and disaster and emotional trauma.
(b) "General supervision" shall be provided by site visit, phone, or other electronic means during business hours with at least 2 site visits per year by [a licensed] an acupuncturist currently licensed in New Hampshire pursuant to RSA 328-G:9. The supervising licensed acupuncturist shall not be required to be on site for direction and supervision, but shall be available at least by telecommunications.
III. Nothing in this chapter is intended to limit, interfere with, or prevent an acupuncture detoxification specialist certified by the [board] office of professional licensure and certification from practicing within the scope of his or her certification.
7 Acupuncture; Scope of Practice. Amend RSA 328-G:10 to read as follows:
328-G:10 Scope of Practice.
I. Under this chapter the scope of practice of acupuncture shall include the allied techniques and modalities of Asian medicine, both traditional and modern. The scope of practice shall include: diagnostic procedures; electrical and magnetic stimulation; moxibustion and other forms of heat therapy; cupping and scraping techniques; dietary, nutritional, and herbal therapies; lifestyle counseling; acupressure; and massage.
II. Notwithstanding paragraph I, the scope of practice may be further defined by the [board] office of professional licensure and certification in accordance with RSA 541-A.
III. Nothing in this section is intended to limit, interfere with, or prevent any other health care professionals from practicing within their defined scopes of practice, including professionals licensed under RSA 316-A using limited adjunctive procedures.
IV. Needles used in acupuncture practice shall be sterile, disposable, one-use needles.
V. Persons licensed by the [board] office of professional licensure and certification to practice acupuncture shall be permitted to provide services through the use of "telemedicine," as defined in RSA 310:7. [telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.]
8 Acupuncture; Powers and Duties of the Executive Director. RSA 328-G:11 and RSA 328-G:12 are repealed and reenacted to read as follows:
328-G:11 Powers and Duties of the Office of Professional Licensure and Certification.
I. The office of professional licensure and certification shall:
(a) Ensure that licensed acupuncturists serving the public meet minimum standards of proficiency and competency to protect the health, safety, and welfare of the public.
(b) Administer and enforce all provisions of this chapter, which pertain to licensees and applicants, and all rules adopted by the office under the authority granted in this chapter.
(c) Maintain an accurate account of all receipts, expenditures, and refunds granted under this chapter through the office and in accordance with the retention policy established by the office.
(d) Maintain a record of its acts and proceedings, including the issuance, refusal, suspension, or revocation of licenses in accordance with the retention policy established by the office.
(e) Keep all applications for licensure in accordance with the retention policy established by the office.
(f) Maintain a record of the results of all examinations it gives in accordance with the retention policy established by the office.
(g) Keep all examination records including written examination records and tape recordings of the questions and answers in oral examinations in accordance with the retention policy established by the office.
II. The office of professional licensure and certification may appoint qualified personnel to administer any part or all of any examinations provided for under this chapter.
328-G:12 Misconduct. Misconduct sufficient to support disciplinary proceedings under RSA 310:10 shall include:
I. The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.
II. Conviction of any crime which demonstrates unfitness to practice acupuncture.
III. Violation of the standards adopted under RSA 328-G:7, V.
IV. Demonstrable gross incompetence of the licensee.
V. Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this chapter.
VI. A legal finding of mental incompetence.
VII. Willful or repeated violation of the provisions of this chapter.
VIII. Suspension or revocation without subsequent reinstatement of a license, similar to one issued under this chapter, in another jurisdiction.
9 Repeal. The following are repealed:
I. RSA 328-G:6, relative to acupuncture board meetings.
II. RSA 328-G:8, disposition of receipts.
10 Family Mediators; Purpose. Amend RSA 328-C:1 to read as follows:
328-C:1 Purpose. The purpose of this chapter is to protect and assist the public by providing standards for the practice of family mediation, training and continuing education for certified family mediators and certified family mediator training programs, and disciplinary procedures for violating ethical rules and requirements. The responsibility for implementation of this chapter shall be transferred to the office of professional licensure and certification. The office shall consult with the advisory board established when implementing this chapter. Rules in effect upon the effective date of this section shall remain in effect until repealed by the office of professional licensure and certification or until the rules expire, whichever occurs first.
Amend RSA 328-C:4, II(a) as inserted by section 12 of the bill by replacing it with the following:
II.(a) Members shall be appointed for 3-year terms and not more than 2 terms shall expire in any calendar year. No member shall be appointed to more than 2 consecutive full terms. [One mediator term shall expire each year, on December 31. The public member and lawyer terms shall expire on June 30 of different years. Appointments for terms of less than 3 years shall be made in order to comply with these provisions. No member appointed by the governor shall be eligible to serve more than 3 full consecutive terms, provided that for this purpose only a period actually served which exceeds 25 months shall be deemed a full term.]
Amend the bill by replacing sections 14-15 with the following:
14 Family Mediators; Qualifications. Amend RSA 328-C:5 to read as follows:
328-C:5 Qualifications.
I. To be eligible for certification, conditional certification, reinstatement of certification, renewal of certification and temporary renewal of certification as a family mediator, an applicant shall be of good character.
II. To be eligible for certification or conditional certification as a family mediator, an applicant shall meet the following requirements:
(a) Satisfactory completion of a program of instruction approved by the [board] office of professional licensure and certification and at least 48 hours in length, including at least 8 hours in domestic violence, and components in family dynamics and relevant law.
(b) Completion of an internship approved by the [board] office of professional licensure and certification and at least 20 hours in length with a certified family mediator or certified family mediation program.
(c) Submission of a completed application to the [board] office of professional licensure and certification.
(d) Submission of at least 3 recommendations satisfactory to the [board] office of professional licensure and certification from persons who have participated with the applicant in family mediation work. These recommendations shall meet any additional requirements established by rules adopted by the board pursuant to RSA 541-A.
III. Notwithstanding subparagraphs II(a) and (b), the [board] office of professional licensure and certification may accept applicants found to have training and internship experience equivalent to the programs of instruction and internship approved by the [board] office.
IV. Qualified interns shall meet the requirements of RSA 328-C:5, I and II(a) and (c).
V. A supervisor shall plan the responsibilities of the intern prior to beginning a mediation and spend time with the intern in pre-mediation planning and post-mediation debriefing. The debriefing shall include a critique of the intern's part in the mediation.
VI. Certification of a mediator or a mediator training program shall be valid [for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed pursuant to rules adopted by the board pursuant to RSA 541-A.
VII. If timely and sufficient application has been made in accordance with board rules for renewal of certification, the existing certification shall not expire until the board has taken final action on the application for renewal. If the application is either untimely or insufficient, it shall lapse and be subject to reinstatement in accordance with rules adopted by the board pursuant to RSA 541-A.] for the duration established by RSA 310:8.
15 Family Mediators; Confidentiality of Information. Amend RSA 328-C:5-a through 328-C:6 to read as follows:
328-C:5-a Confidentiality of Information.
I. Unless waived by the person to whom the information pertains, the following information relative to certified family mediators, applicants for certification, qualified interns, and formerly certified family mediators which may be in the possession of the [board] office of professional licensure and certification shall be confidential and shall not be subject to disclosure, except as provided in paragraph II, absent an order of the court:
(a) The person's date of birth, social security number, residence address, and home telephone number.
(b) The person's reason for leaving any past employment or the facts giving rise to any reprimand, censure, license revocation or suspension, disbarment, disqualification, or discipline given by any professional organization or entity supervising or overseeing a profession, other than the board.
(c) Whether or not the person has been a defendant in any criminal proceeding, information concerning such proceedings, any executed criminal records release, and the results of any criminal records check.
(d) The addresses and telephone numbers of the individuals who have submitted letters of reference in support of any application for certification.
(e) Any photograph identification card or other document issued by a governmental agency submitted in support of an application that includes an applicant's date of birth, social security number, residence address, or home telephone number.
(f) Any information deemed confidential under RSA 91-A or other applicable law.
II. Notwithstanding paragraph I and RSA 91-A, the [board] office of professional licensure and certification may disclose to any New Hampshire court with the authority to appoint a family mediator, or which possesses oversight authority over the professional activities of individuals who may serve as family mediators, any records, documents, or information in the possession of the board relating to a certified family mediator, an applicant for certification, or a formerly certified family mediator, except for his or her social security number.
328-C:5-b Immunity From Civil Action. No civil action shall be maintained against the board or any member of the board or its agents or employees, against any organization or its members, or against any other person for, or by reason of any statement, report, communication, or testimony to the board or any determination, action, statement, report, communication, disclosure or testimony by the board in relation to any proceeding or communication under this chapter.
328-C:6 Continuing Education. [To renew a certification,] Each family mediator shall [provide evidence of attendance within the last 3 years of at] complete least 24 hours of continuing education approved by the board as a condition of renewal. A certified family mediator training program seeking renewal shall provide evidence that it has met any reporting requirements established under RSA 328-C:4-a and that each of the family mediators associated with the program has met the annual continuing education requirements.
Amend the bill by replacing section 19 with the following:
19 Repeal. The following are repealed:
I. RSA 328-C:4-a, I, relative to duties of the board.
II. RSA 328-C:5-b, relative to immunity from liability.
Amend the bill by replacing sections 21-23 with the following:
21 Guardian Ad Litem Advisory Board; Advisory Board Established. Amend RSA 490-C:1 to read as follows:
490-C:1 Advisory Board Established. There is hereby established a guardian ad litem advisory board which shall be responsible for [overseeing the credentialing and activities, and discipline of guardians ad litem in New Hampshire who are or have been certified by the board.] advising the office of professional licensure and certification concerning the implementation of this chapter. The responsibility for implementation of this chapter shall be transferred to the office of professional licensure and certification. The office shall consult with the advisory board established when implementing this chapter. Rules in effect upon the effective date of this section shall remain in effect until repealed by the office of professional licensure and certification or until the rules expire, whichever occurs first.
22 Guardian Ad Litem Advisory Board; Membership. RSA 490-C:2 is repealed and reenacted to read as follows:
490-C:2 Membership.
I. The advisory board shall consist of the following members:
(a) One member representing the New Hampshire supreme court, appointed by the chief justice of the New Hampshire supreme court.
(b) One member of Court Appointed Special Advocates (CASA), nominated by the director of CASA and appointed by the executive director.
(c) One member representing a child protection organization in the state, appointed by the executive director.
(d) One member who is a member of the New Hampshire Bar Association and who is experienced as an appointed guardian ad litem, appointed by the executive director.
(e) One member of the general public who is a parent representing the interests of those individuals receiving the services of guardians ad litem, appointed by the executive director. The public member 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.
II. The members of the board shall serve without compensation.
III. All members of the board shall be New Hampshire residents. Each appointment shall be valid for 3 years and until a successor is appointed; provided, however, that the term of the member representing CASA shall expire if he or she ceases to be a member of CASA. Members shall serve no more than 2 full terms. Any member who is absent from at least 3 consecutive meetings of the advisory board may be replaced by such member's appointing authority.
23 Guardian Ad Litem Advisory Board; Duties of the Board and Office. RSA 490-C:4 is repealed and reenacted to read as follows:
490-C:4 Duties of the Advisory Board and Office.
I. The advisory board shall advise the office of professional licensure and certification regarding the following:
(a) Recommended legislative changes and changes to the current cost and fee structure established under New Hampshire supreme court rules 48 and 48-A.
(b) Eligibility requirements for the certification, recertification, reinstatement, and renewal of certification of guardians ad litem, including requirements for temporary or conditional certification.
(c) Educational requirements for licensure, including continuing educational requirements.
(d) Ethical standards and standards of practice for certified guardians ad litem.
(e) The office of professional licensure and certification shall notify the appropriate court of receipt of a complaint received pursuant to RSA 310:9 relating to a trial or judicial proceeding in process. The complaint shall be stayed pending the conclusion of the proceeding, unless the office decides to proceed immediately with such complaint for good cause. The court shall notify the office of professional licensure and certification upon conclusion of the proceeding.
II. The office of professional licensure and certification may, with the advice of the advisory board:
(a) Commission the participation of appropriate in-state educational institutions to provide training for guardians ad litem on a tuition basis.
(b) Disclose to and communicate with any courts that appoint guardians ad litem or oversee individuals serving as guardians ad litem, or any other entity or group which possesses oversight authority over any type of professional activity of persons who may serve as a guardian ad litem, about any discipline imposed upon guardians ad litem, grants and denials of certification, the content of any of the office's files or records on guardians ad litem, whether or not presently certified, or applicants for certification, and other activities of, or information held by, the office. In assessing whether to make a disclosure or engage in a communication under this subparagraph, consideration shall be given to whether it is likely that information conveyed will be further disseminated in a manner contrary to New Hampshire law.
Amend RSA 490-C:5-b, I-II, as inserted by section 26 of the bill by replacing it with the following:
I.(a) Unless waived by the person to whom the information pertains, the following information, if any, relative to certified guardians ad litem, applicants for certification, and formerly certified guardians ad litem which may be submitted to the [board] office of professional licensure and certification on or in conjunction with application, supplemental application, application renewal, recertification, and reinstatement forms shall be confidential and exempt from the disclosure requirements of RSA 91-A, unless disclosure is required pursuant to an order of the court:
(1) The person's date of birth, social security number, residence address, unless that address is also the person's business address, and home telephone number, unless that number is also the person's business phone number.
(2) The person's reason for leaving any past employment or the facts giving rise to any reprimand, censure, license revocation or suspension, disbarment, disqualification, or discipline given by any professional organization or entity supervising or overseeing a profession, other than the board.
(3) Whether or not the person has been a defendant in any criminal proceeding, information concerning such proceedings, any executed criminal records release, and the results of any criminal records check.
(4) The addresses and telephone numbers of the individuals who have submitted letters of reference in support of any application for certification as a guardian ad litem.
(5) Any photograph identification card or other document issued by a governmental agency submitted in support of an application that includes an applicant's date of birth, social security number, residence address, or home telephone number.
(6) Any information submitted on or in conjunction with the forms noted above that is otherwise deemed confidential under RSA 91-A or other applicable law.
(b) The provisions of subparagraph (a) shall not prohibit disclosure of such information in the circumstances described in paragraph II and shall not apply to such material disclosed, without prohibition, limitation, or other instruction, at a hearing, proceeding, or other matter before the [board] office of professional licensure and certification, or a portion thereof, that is open to the public.
(c) The following information shall also be held confidential and shall be specifically exempt from the disclosure requirements of RSA 91-A, unless required to be disclosed by court order or disclosed, without limitation, at a hearing, proceeding, or other matter, or a portion thereof, that is open to the public:
(1) Allegations of misconduct or executed complaint forms received by the [board] office of professional licensure and certification, or drafts or portions thereof, and supporting materials submitted therewith.
(2) Information and records acquired by the [board] office of professional licensure and certification or its representatives during its investigation of any complaint, including any answer submitted by a guardian ad litem in response to a complaint, or drafts or portions thereof, and supporting materials submitted therewith.
(3) Reports and records made by the [board] the office of professional licensure and certification, the advisory board, or its agents, representatives, or employees as a result of its investigation.
(4) Case or client records, including written or oral guardian ad litem reports, files, and oral and written information from which the identity of recipients of services or other persons whose identities are protected from disclosure can be derived.
(d) The provisions of subparagraph (c) shall not prohibit disclosure of information in the circumstances described in paragraph II.
II. Notwithstanding paragraph I, and notwithstanding the provisions of any other law relative to confidentiality, including but not limited to confidentiality provisions applicable to any case out of which an allegation or complaint against a guardian ad litem may arise:
(a) Persons involved in matters before the [board] office of professional licensure and certification, or persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, may, without a specific court order allowing such disclosure, disclose to the [board] office, its representatives, or its agents, records, documents, or information in their possession, whether oral or in writing, relating to a guardian ad litem, an applicant for certification as a guardian ad litem, or cases in which a guardian ad litem is or has been involved, unless such disclosure is prohibited by court order.
(b) If the [board] office concludes that to do so would advance the effective and fair resolution of the matter, the [board] office, its representatives, or its agents may, without a specific court order allowing such disclosure, disclose to persons involved in matters before the [board] office, or to persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, any records, documents, or information in its possession, whether oral or in writing, that have a bearing upon the matter, unless such disclosure is prohibited by court order.
(c) Persons involved in matters before the [board] office of professional licensure and certification, or persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, may, without a specific court order allowing such disclosure, disclose to other persons involved in the matter documents or information in their possession, whether oral or in writing, to the extent, and only to the extent, that such disclosure is necessary in order to comply with the procedures of the [board] office, unless such disclosure is prohibited by a court order.
(d) The [board] office of professional licensure and certification, its representatives, or its agents may, without a specific court order, disclose to any court that appoints or oversees guardians ad litem, or any other entity or group which possesses oversight authority over any type of professional activity of persons who may serve as a guardian ad litem, any records, documents, or information in the possession of the office of professional licensure and certification or advisory board, whether oral or in writing, including but not limited to that information described in RSA 490-C:4, II(b), unless such disclosure is prohibited by court order. In assessing whether or not to make a disclosure or engage in a communication under this subparagraph, consideration shall be given to whether or not it is likely that information conveyed will be further disseminated in a manner contrary to New Hampshire law.
Amend the bill by replacing section 31 with the following:
31 Manufactured Housing Installation Standards; Advisory Board Established. Amend RSA 205-D:2 to read as follows:
205-D:2 Advisory Board Established; Members; Terms; Chairperson.
I. There is hereby created an installation standards advisory board consisting of [9] 3 members appointed by the [governor and council] office of professional licensure and certification in consultation with the board as follows:
(a) One installer of manufactured housing[, nominated by the New Hampshire Manufactured Housing Association].
(b) One structural engineer or architect licensed in this state for a minimum of 5 years[, nominated by the board of professional engineers established under RSA 310-A:3].
(c) One dealer or retailer[, nominated by the New Hampshire Manufactured Housing Association.
(d) Two owners or operators of a manufactured housing park with 100 or fewer lots, nominated by the New Hampshire Manufactured Housing Association.
(e) One owner or operator of a manufactured housing park with more than 100 lots, nominated by the New Hampshire Manufactured Housing Association.
(f) One member of a cooperative manufactured housing park, nominated by the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire.
(g) One municipal building code official, nominated by the New Hampshire Building Officials Association.
(h) One municipal fire chief, nominated by the New Hampshire Association of Fire Chiefs.]
II. Each member shall serve a [3-year] 4-year term and until a successor is appointed and qualified and shall serve no more than 2 consecutive full terms. [If there is a vacancy on the board, the provisions of RSA 21:33-a and RSA 21:34 shall apply.]
III. The responsibility for implementation of this chapter shall be transferred to the office of professional licensure and certification. The office of professional licensure and certification shall consult with the advisory board established when implementing this chapter. Rules in effect upon the effective date of this section shall remain in effect until repealed by the office of professional licensure and certification or until the rules expire, whichever occurs first. [The board shall biennially elect a chairperson and vice-chairperson. Five members of the board shall constitute a quorum.
IV. Members of the board shall receive $25 for each day they are engaged in the duties of their office and shall be reimbursed for all actual travel, incidental, and clerical expenses incurred in carrying out the provisions of this chapter.
V. The board shall hold meetings as deemed necessary by the board or the chairperson.
VI. [Repealed.]]
Amend the bill by replacing section 32 with the following:
32 Manufactured Housing Installation Standards; Duties of the Advisory Board. Amend the heading and introductory paragraph in RSA 205-D:3 to read as follows:
205-D:3 Duties of the Advisory Board.
The duties of the office of professional licensure and certification, in consultation with the advisory board, shall be to:
I. Assure compliance with the Federal Manufactured Housing Construction and Safety Standard, including compliance with the standard as amended by the Manufactured Housing Improvement Act of 2000, Public Law 106-569.
II. Establish uniform manufactured housing installation standards in order to protect the quality, durability, safety, and affordability of manufactured housing in this state.
III. Adopt rules to adequately license and train manufactured housing installers in order to ensure the proper performance of the house and protect the safety and welfare of the public.
IV. Ensure compliance with state installation standards by conducting appropriate inspections of the installation of manufactured housing.
V. Provide a fair and effective recourse for consumers relative to installation standards; and provide a dispute resolution program for timely resolution of disputes between manufacturers, retailers, and installers of manufactured houses regarding responsibility, and for the issuance of appropriate orders, for the correction or repair of defects in manufactured houses that are reported during the one year period beginning on the date of installation.
Amend RSA 205-D:5, II as inserted by section 34 of the bill by replacing it with the following:
II. Whenever a local enforcement agency, or if there is no local enforcement agency, the [board or the board's designee] executive director of the office of professional licensure and certification or the executive director's designee orders the correction of a violation under subparagraph I(c), he or she shall immediately notify the [board] executive director.
Amend the bill by replacing section 50 with the following:
50 New Paragraph; Midwifery; Purpose. Amend RSA 326-D:1 by inserting after paragraph V the following new paragraph:
VI. To provide state supervision over regulatory bodies comprised of active market participants, the responsibility for implementation of this chapter shall be transferred to the office of professional licensure and certification. The office shall consult with the advisory council established when implementing this chapter. Rules in effect upon the effective date of this section shall remain in effect until repealed by the office of professional licensure and certification or until the rules expire, whichever occurs first.
Amend the bill by replacing sections 52 and 53 with the following:
52 Midwifery; Council Established. Amend RSA 326-D:3 to read as follows:
326-D:3 Council Established.
[I.] There shall be a midwifery advisory council consisting of [6] 5 members to be appointed by the [governor with the advice and consent of the executive council] office of professional licensure and certification in consultation with the council. Members shall be appointed for 4-year terms. No member shall be appointed to more than 2 full consecutive terms. [All] Members of the council [shall have been residents of this state for at least 5 years preceding appointment and] shall include:
(a) An obstetrician licensed to practice medicine under RSA 329 with experience in working with midwives certified pursuant to this chapter.
(b) A pediatrician licensed to practice medicine under RSA 329 with experience in working with midwives certified pursuant to this chapter.
(c) Three midwives certified under this chapter, who have each attended at least 50 deliveries as midwives.
[(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.
II. Members appointed to the council shall serve without compensation.
III. [Repealed.]
IV. Members of the council shall elect a chairperson annually from among their members. The council shall meet at least quarterly and may hold additional meetings at such times as it may deem necessary. A quorum of the council shall consist of a majority of the members of the council who have been approved by the governor and council.]
53 Midwifery; Rulemaking. Amend RSA 326-D:5, I to read as follows:
I. The office of professional licensure and certification, in consultation with the advisory council, shall adopt rules, pursuant to RSA 541-A, relative to:
(a) Qualifications for the practice of midwifery.
(b) The teaching of midwifery.
(c) The scope of practice and procedures in the practice of midwifery, including policies for professional direction and supervision.
(d) Eligibility requirements for the certification of midwives [and the issuance of certificates of midwifery, including procedures for provisional certification and recertification after certification has lapsed].
(e) Renewal eligibility requirements, including requirements for continuing education and peer review.
(f) Diagnostic and laboratory tests midwives may administer and perform and the proper administration of RSA 326-D:12.
[(g) Standards for reciprocity.
(h)] (g) Establishing all administrative fines authorized under RSA 326-D:8, III(a)(4).
[(i)] (h) Reporting requirements relative to client information and notification of transfers.
Amend RSA 326-D:6, I as inserted by section 54 of the bill by replacing it with the following:
I. No person shall practice midwifery in this state without first obtaining certification from the [council] office of professional licensure and certification. The [council] office shall certify for the practice of midwifery any person applying for such certification who meets the qualifications adopted under RSA 326-D:5, I(a) and who submits [a $110] the requisite certification fee.
Amend the bill by replacing section 55 with the following:
55 Midwifery; Qualifications. Amend RSA 326-D:7 to read as follows:
326-D:7 Qualifications. In order to be certified as a midwife by the [council] office of professional licensure and certification, a person shall:
I. Have completed high school or its equivalent.
II. Complete one college-level course in human anatomy and physiology, or pass a college-level equivalency program or credit by exam.
III. Express an intent to engage in the active practice of midwifery in the state.
IV. Submit an affidavit disclosing any criminal convictions. If the [council] office determines that such conviction has a direct bearing on the applicant's ability to serve as a midwife, such conviction may serve as a basis for denial of certification.
V. Meet practical experience requirements prescribed by the [council] office, including specific numbers of prenatal visits, post-partum follow-up exams, attendance at live births as an observer and primary birth attendant under supervision, performance of newborn examinations, performance of laceration repairs, performance of postpartum visits, and observation of in-hospital births.
VI. Present evidence of technical skills as prescribed by the [council] office.
VII. Present evidence of a passing grade on a certification examination approved by the [council] office.
VIII. Pass [both] a written [and an oral] examination [administered] approved by the [council] office. Such examinations shall include, but shall not be limited to, questions relative to New Hampshire laws and rules governing midwives.
Amend the bill by replacing section 57 with the following:
57 Septic System Evaluators; Purpose. Amend RSA 310-A:202 to read as follows:
310-A:202 Purpose. The purpose of this subdivision is to assure that a septic system evaluator performs professional services only when the septic system evaluator is qualified by education and training in the specific technical areas involved. To provide state supervision over regulatory bodies comprised of active market participants, the responsibility for implementation of this chapter shall be transferred to the office of professional licensure and certification. The office shall consult with the advisory board when implementing this chapter. Rules in effect upon the effective date of this section shall remain in effect until repealed by the office of professional licensure and certification or until the rules expire, whichever occurs first.
Amend the bill by replacing section 60 with the following:
60 Septic System Evaluators; Advisory Board of Septic System Evaluators. RSA 310-A:206 is repealed and reenacted to read as follows:
310-A:206 Advisory Board of Septic System Evaluators.
The office of professional licensure and certification shall establish an advisory board of septic system evaluators. The board shall consist of a septic system installer, a septic system designer, and a septic system evaluator. Board members shall serve for 3-year terms and may not serve more than 2 consecutive full terms. The advisory board shall advise the office of professional licensure and certification on the implementation of this chapter.
Amend RSA 310-A:210, III-IV as inserted by section 63 of the bill by replacing it with the following:
III. A person who was actively engaged in the business of septic system evaluation in this state as a means of his or her livelihood for at least 5 years and who provides the [board] office of professional licensure and certification with a sworn affidavit that he or she has performed a minimum of 25 septic evaluations preceding the effective date of this subdivision shall be eligible for licensure [by the board] without completion of the requirements of subparagraph I(a) or I(b). An application for licensure under this paragraph shall be made within one year following the effective date of this subdivision. The applicant shall be issued a license by providing evidence satisfactory to the [board] office of professional licensure and certification of the knowledge and experience equivalent to the requirements of subparagraphs I(a) and I(b).
IV. A person who currently holds a New Hampshire septic designer permit and who provides the [board] office of professional licensure and certification with a sworn affidavit that he or she has performed a minimum of 25 septic evaluations preceding the effective date of this subdivision shall be issued a license [by the board] without completion of the requirements of subparagraph I(a) or I(b) upon request of the applicant. An application for licensure under this paragraph shall be made within one year following the effective date of this subdivision.
Amend the bill by replacing section 70 with the following:
70 Repeal. The following are repealed:
I. RSA 310-A:208, relative to fees.
II. RSA 310-A:214, relative to reciprocity.
III. RSA 310-A:218, relative to reissuance of licenses.
IV. RSA 310-A:220, restraint of violations by septic system evaluators.
Amend RSA 151-A:3, I as inserted by section 72 of the bill by replacing it with the following:
I. To provide state supervision over regulatory bodies comprised of active market participants, the responsibility for implementation of this chapter shall be transferred to the executive director of the office of professional licensure and certification effective July 1, 2024. The executive director shall consult with the advisory board established when implementing this chapter. Rules in effect upon the effective date of this section shall remain in effect until repealed by the executive director of the office of professional licensure and certification or until the rules expire, whichever occurs first.
Amend the bill by replacing section 73 with the following:
73 Nursing Home Administrators; Functions and Duties of the Advisory Board. Amend RSA 151-A:4 to read as follows:
151-A:4 Functions and Duties of the Advisory Board.
I. It shall be the function and duty of the office of professional licensure and certification, in consultation with the board, to:
(a) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators; and
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards[;].
[(c) Issue licenses and registrations to qualified individuals and invoke disciplinary actions for violations of the provisions of licensure or practice under this chapter. The disciplinary actions may include revocation or suspension of a license or registration, imposition of a fine, or reprimand or censure of the licensee. All disciplinary proceedings by the board shall meet due process requirements for notice and hearings as provided in RSA 541-A.
(d) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards;
(e) [Repealed.]
(f) Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.]
II. [Repealed.]
III. [Repealed.]
Amend the bill by replacing section 78 with the following:
78 Nursing Home Administrators; Licenses. Amend RSA 151-A:7 to read as follows:
151-A:7 Licenses.
I. An applicant for a license as a nursing home administrator who has:
(a) Successfully complied with the requirements of RSA 151-A:5 and the standards provided for therein; and
(b) Passed the examination provided for in RSA 151-A:6 shall be issued a license [on a form provided for that purpose by the board, certifying that such applicant has met the requirements of the laws and rules entitling the applicant to serve, act, practice and otherwise hold such applicant out as a duly licensed nursing home administrator].
II. Under emergency conditions the office of professional licensure and certification [secretary of the board in the secretary's discretion subject to the confirmation of the board] may issue a non-renewable temporary emergency permit to a person of good character and suitability to act in the capacity of an administrator under the supervision of a licensed administrator pending [action by the board until] the next examination or not to exceed 6 months.
[II-a. If the board is satisfied that a candidate for licensure under the reciprocity provisions of RSA 151-A:9 meets all the requirements and needs only sit for the state examination, the board may, if an urgent need is demonstrated, provide the candidate with a temporary permit to work as an administrator in a nursing home within the state of New Hampshire. This temporary permit shall only be valid for a period of 6 months and shall not be renewable or reissued to the same candidate.]
III. If the [board] office of professional licensure and certification finds that programs of training and instruction conducted within the state are not sufficient in number or content to enable nursing home administrators to meet requirements established pursuant to this chapter, the [board] office may request the department of health and human services to institute and conduct or arrange with others to conduct one or more such programs, and shall make provision for their accessibility to residents of this state. The department of health and human services may approve programs conducted within and without this state as sufficient to meet education and training requirements established pursuant to this chapter. For purposes of this paragraph, the department of health and human services shall have the authority to receive and disburse state funds allocated for this purpose and federal funds received pursuant to section 1908(e)(1) of the Social Security Act.
Amend section 79 of the bill by inserting after paragraph VI the following new paragraph:
VII. RSA 151-A:6, II, relative to examinations of nursing home administrators.
Amend the bill by deleting section 80-89 and renumbering the original sections 90-91 to read as 80-81, respectively.
Amend RSA 310:1, II(jj) as inserted by section 80 of the bill by deleting subparagraph (jj) and renumbering the remaining subparagraphs (kk) - (aaa) to read as (jj) - (zz), respectively.
Amend the bill by replacing all after section 80 with the following:
81 Repeals; Massage Therapists and Massage Establishments. The following are repealed:
I. RSA 328-B:4, VII(h), relative to procedures for temporary permits.
II. RSA 328-B:4, VII(k)-(l), relative to administrative fines.
III. RSA 328-B:5-a, relative to temporary licenses for massage therapists.
IV. RSA 328-B:6, relative to license issuance.
V. RSA 328-B:7, relative to license renewal.
VI. RSA 328-B:11-a, relative to administrative fines.
VII. RSA 328-B:15, relative to injunctive relief.
82 Reflexologists, Structural integrators, and Asian Bodywork Therapists; Renewal of Practitioner License; Reinstatement. Amend RSA 328-H:9, II to read as follows:
II. All licenses issued pursuant to this chapter shall be renewed biennially [on or before June 30] pursuant to RSA 310:8 upon approval by the executive director of the renewal application and submission of the required renewal fee.
83 Cross Reference Removed; Reflexology; Powers and Duties of the Executive Director. Amend RSA 328-H:5, VIII(i) to read as follows:
(i) A schedule of administrative fines which may be imposed under [RSA 328-H:15 for violation of this chapter or the] rules adopted [pursuant to it] under RSA 541-A and in accordance with RSA 310:12.
84 Repeal; Reflexologists, Structural integrators, and Asian Bodywork Therapists. The following are repealed:
I. RSA 328-H:15, relative to administrative fines.
II. RSA 328-H:16, relative to injunctive relief.
85 Midwifery; Telemedicine. Amend RSA 326-D:12-a to read as follows:
326-D:12-a Telemedicine. A midwife certified under this chapter shall be permitted to provide services through the use of [telemedicine] "telemedicine," as defined in RSA 310:7. ["Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.]
86 Septic System Evaluators; Expiration and Renewals. Amend RSA 310-A:215 to read as follows:
310-A:215 Expiration and Renewals.
I. [The board shall send, by mail or otherwise, notification of the impending license expiration to each license holder at least one month prior to the expiration of the license, along with a request for payment of a renewal fee]. License holders in good standing may renew their licenses by paying the renewal fee prior to the expiration date of the license, and by presenting evidence satisfactory to the [board] office of professional licensure and certification of completion of the continuing education requirements. If properly renewed, a license shall remain in effect continuously from the date of issuance, unless suspended or revoked by the [board] office of professional licensure and certification for just cause.
II. All licenses issued by the [board] office of professional licensure and certification shall expire [on the last day of the license holder's month of birth in the second year following the year of issuance, or upon such other biennial date as the board may adopt. If the renewal fee is not submitted within 12 months after the expiration date, the license holder's name shall be removed from current status, and application for reinstatement shall be required to return to current status provided that the license holder provides satisfactory proof that all required continuing education requirements have been met. The board shall charge a 20 percent late fee for each month or fraction of a month the renewal is late, up to 12 months, in addition to the renewal fee. Any renewal application received 12 months after the expiration date shall be rejected, unless accompanied by proof of successful completion of the examination required by the board. If a license holder fails to renew such license within the 12 months after the date of expiration, it shall become null and void and the license holder shall be required to reapply and to be re-examined for licensure] in accordance with RSA 310:8.
[III. License holders who have been activated by the military shall be exempt from any penalties or fees for renewal or reinstatement due to their absence, as approved by the board.]
87 Office of Professional Licensure and Certification; Telemedicine and Telehealth Services. 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; or RSA 332-B 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.
88 Repeal. The following are repealed:
I. RSA 328-I, relative to the board of registration of medical technicians.
II. RSA 151:3-d, relative to verification of medical technician registration.
89 Effective Date. This act shall take effect 60 days after its passage.
2024-1248h
AMENDED ANALYSIS
This bill, at the request of the office of professional licensure and certification:
1. Converts the board of acupuncture licensing into an advisory board and makes other amendments implementing this change.
2. Converts the board of family mediator certification into an advisory board and makes other amendments implementing this change.
3. Converts the guardian ad litem board into an advisory board and makes other amendments implementing this change.
4. Converts the manufactured housing installations standards board into an advisory board and makes other amendments implementing this change.
5. Combines the advisory board of massage therapists with the advisory board of reflexology, structural integration, and Asian bodywork therapy and makes other amendments implementing this change.
6. Converts the midwifery council into an advisory council and makes other amendments implementing this change.
7. Converts the board of septic system evaluators into an advisory board and makes other amendments implementing this change.
8. Converts the board of examiners of nursing home administrators into an advisory board and makes other amendments implementing this change.
9. Repeals the board of registration of medical technicians.