Revision: Oct. 12, 2023, 10:35 a.m.
2024 SESSION
24-2056.0
09/05
HOUSE BILL [bill number]
AN ACT relative to the conversion, combination, and reorganization of boards and advisory boards.
SPONSORS: [sponsors]
COMMITTEE: [committee]
─────────────────────────────────────────────────────────────────
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 at 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. Eliminates the board of registration of medical technicians and makes other amendments implementing this change.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2056.0
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to the conversion, combination, and reorganization of boards and advisory boards.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Acupuncture; Findings and Purpose. Amend RSA 328-G:1 by inserting after paragraph II the following new paragraph:
III. To eliminate workforce barriers and 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 executive director shall establish an advisory board of acupuncture licensing consisting of 3 members. 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 executive director, 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; Rulemaking Authority. Amend RSA 328-G:7 to read as follows:
328-G:7 Rulemaking Authority.
The executive director, 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] executive director.
[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] executive director except physicians licensed under RSA 329 and doctors of naturopathic medicine certified under RSA 328-E:12.
II. The [board] executive director shall issue a license to any applicant who satisfies all of the following requirements:
(a) Has reached the age of majority.
(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] executive director through examination or Credentials Documentation Review.
(c) Has paid the required license application fee and filed the [board] executive director 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] executive director for an exemption to the licensure requirements of this chapter. The [board] executive director 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.
X. As a condition of renewal of license, the [board] executive director 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] executive director shall certify as an acupuncture detoxification specialist a qualified individual, not licensed by the [board] executive director as an acupuncturist, who has successfully completed NADA training or other training in acupuncture detoxification protocols as determined by the [board] executive director and complied with the rules of the [board] executive director adopted pursuant to [RSA 328-G:7, XIV] RSA 328-G:7, XIII.
II.(a) A "qualified individual" shall mean a licensed health care professional, recovery coach, peer counselor, or other [board] executive director 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] executive director, 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 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] executive director 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] executive director 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] executive director to practice acupuncture shall be permitted to provide services through the use of telemedicine. "Telemedicine" [means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment] shall be as defined in RSA 310:7, I(c).
8 Acupuncture; Powers and Duties of the Executive Director. Amend RSA 328-G:11 to read as follows:
328-G:11 Powers and Duties of the [Board] Executive Director.
I. The [board] executive director 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 [board] executive director 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 [of licensure and certification] and in accordance with the retention policy established by the office [of professional licensure and certification].
(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[ of professional licensure and certification].
(e) Keep all applications for licensure in accordance with the retention policy established by the office[ of professional licensure and certification].
(f) Maintain a record of the results of all examinations it gives in accordance with the retention policy established by the office [of professional licensure and certification].
(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 [of professional licensure and certification].
[(h) Keep the records of the board open to public inspection at all reasonable times.
(i) Adopt and use a seal, the imprint of which, together with the signatures of the chairperson or vice-chairperson and the secretary-treasurer of the board, shall evidence its official acts.]
II. The [board] executive director may appoint qualified personnel to administer any part or all of any examinations provided for under this chapter.
[III. The board shall have the power to subpoena witnesses and administer oaths in any hearing or disciplinary proceedings, and to compel, by subpoena duces tecum, the production of papers and records.
IV. Witnesses summoned before the board shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons shall have the same effect as though issued for appearance before such court.
V. [Repealed.]
VI. [Repealed.]]
9 Repeal. RSA 328-G:6, relative to acupuncture board meetings, is repealed.
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. To reduce workforce barriers and promote efficiency and economy, 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 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.
11 Family Mediators; Definitions. Amend RSA 328-C:2 to read as follows:
328-C:2 Definitions.
In this chapter:
I. "Board" means the advisory board of family mediator certification established by RSA 328-C:4.
II. "Certified family mediator" means a person certified under the provisions of this chapter to act as a family mediator.
III. "Certified family mediator training program" means a program that has been certified under this chapter to provide the instructional training required for certified family mediators.
IV. "Contracted supervisor" means a supervisor who has contracted with the court to participate in court-referred mediation.
V. "Family mediation" means a process by which an impartial third person or persons, with the consent of the parties, assists and enables the parties to a divorce or parental rights and responsibilities case to work together to reach a mutually satisfactory settlement of the issues involved in such case.
VI. "Family mediator" means an impartial third person who, with the consent of the parties to a divorce or parental rights and responsibilities case, assists and enables the parties to work together to reach a mutually satisfactory settlement of the issues in a dispute.
VII. "Qualified intern" means a person authorized under the provisions of this chapter to participate in mediation under the direct supervision of a certified family mediator.
VIII. "Supervisor" means a person who has been a certified family mediator for at least two years, has mediated at least thirty-six divorce cases, and commits to comply with [RSA 328-C:5, VI] RSA 328-C:5, V.
12 Family Mediators; Board. Amend RSA 328-C:4 to read as follows:
328-C:4 Board.
I. There shall be [a] an advisory board of family mediator certification consisting of the following 3 members, who shall advise the executive director of the office of professional licensure and certification on the implementation of this chapter:
(a) One judge who regularly sits in the circuit court family division, appointed by the [administrative judge of the circuit court. Their term length shall be at the discretion of the administrative judge] chief justice of the supreme court.
[(b) One member 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.
(c)] (b) One member of the New Hampshire Bar Association, specializing in family law matters appointed by the executive director [governor with the consent of the council].
[(d)] (c) [Three] One certified family [mediators] mediator, [nominated by the New Hampshire Conflict Resolution Association and appointed by the governor with the consent of the council] appointed by the executive director.
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 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.]
(b) If a member misses [2] 3 consecutive meetings [or their unavailability to attend 2 regular meetings in an 8-month period results in their cancellation due to lack of a quorum], the chairperson or vice chairperson shall inquire of the member as to their continued interest and availability and the member may be replaced by the member's appointing authority.
[(c) To allow the board to carry out its functions, at the request of the board, any member appointed by governor and council may be replaced by the governor and council if:
(1) The member is absent from at least 3 meetings of the board in any 8-month period; or
(2) The member's unavailability to attend 3 regular meetings in any 8-month period results in their cancellation due to lack of a quorum.
(d)] (c) Upon expiration of a member's term and absent a resignation, the member shall serve until a successor is qualified and appointed. The successor's term shall be 3 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment. Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term.
[III.(a) The board shall hold 6 regular meetings each year, one each in January, March, May, June or July or August, September, and November, and special meetings at such times as it may deem necessary. Annually, in January, the board shall establish a time of day and day of the month for the regular meetings.
(b) If a regular meeting cannot occur on the designated day because of a lack of a quorum, weather conditions, or an emergency, it shall be rescheduled within the specified month.
(c) A quorum shall be 3 members.]
III. The board shall elect its own chairman every 2 years by a majority vote.
13 Family Mediators; Duties of the Executive Director. Amend the heading and introductory paragraph in 328-C:4-a to read as follows:
328-C:4-a Duties of the [Board] Executive Director.
The executive director, in consultation with the advisory board, shall:
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 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 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.
(d) Submission of at least 3 recommendations satisfactory to the [board] office 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 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.]
15 Family Mediators; Confidentiality of Information. Amend RSA 328-C:5-a 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 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 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.
16 Family Mediators; Rulemaking Authority. Amend RSA 328-C:8 to read as follows:
328-C:8 Rulemaking Authority.
I. The executive director, with the advice of the board, shall adopt rules for family mediators and family mediator training programs pursuant to RSA 541-A, relative to the following:
(a) The eligibility requirements for certification, renewal of certification, recertification, and reinstatement of certification.
(b) Content of training programs and training equivalents allowed under RSA 328-C:5, III.
(c) Content of internships and duration and content of internship equivalents allowed under RSA 328-C:5, III.
(d) The ethical standards and standards of practice for family mediators certified in New Hampshire.
(e) Procedures for the reporting of activities conducted by certified family mediators and certified family mediator training programs.
(f) [Repealed.]
(g) Reporting requirements for certified training programs.
II. The executive director [board] may adopt rules for family mediators and family mediator training programs, pursuant to RSA 541-A, relative to the application requirements and criteria for temporary renewal of certification and conditional certification.
III. The executive director [board] may adopt rules for qualified interns pursuant to RSA 541-A, relative to all matters that it may for certified family mediators.
17 Annulment, Divorce and Separation; Mediation. Amend RSA 458:15-c, I(a) to read as follows:
(a) "Contracted supervisor" means a mediator meeting the requirements of RSA 328-C:2 [and RSA 328-C:5, VI] who has contracted with the court to participate in court-referred mediation under this chapter.
18 Parental Rights and Responsibilities; Definitions. Amend RSA 461-A:1, I to read as follows:
I. "Contracted supervisor" means a mediator meeting the requirements RSA 328-C:2 [and RSA 328-C:5, VI] who has contracted with the court to participate in court-referred mediation under this chapter.
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.
III. RSA 328-C:6, relative to continuing education.
20 Guardian Ad Litem Advisory Board. Amend the chapter title of RSA 490-C to read as follows:
GUARDIAN AD LITEM ADVISORY BOARD
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 executive director of the office of professional licensure and certification concerning the implementation of this chapter. To reduce workforce barriers and provide state supervision, 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 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.
22 Guardian Ad Litem Advisory Board; Membership. Amend RSA 490-C:2 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 the senate, appointed by the president of the senate.
(c) One member of the house, appointed by the speaker of the house.
(d) The executive director of the New Hampshire judicial council.
(e)] (b) One member of Court Appointed Special Advocates (CASA), nominated by the director of CASA and appointed by the [governor] executive director.
[(f) One member representing the division of children, youth, and families, or Casey family services, or another child protection agency in the state, appointed by the governor.
(g)] (c) One member representing the interests of guardians ad litem, appointed by the [governor] executive director.
[(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.
II. The members of the board shall serve without compensation.
III.] II. 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 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 executive director 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.
II. The office 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.
24 Guardian Ad Litem Advisory Board; Rulemaking Authority. Amend RSA 490-C:5 to read as follows:
490-C:5 Rulemaking Authority.
I. The executive director, with the advice of the advisory board, shall adopt rules, pursuant to RSA 541-A, relative to the following:
(a) The application criteria for certification, renewal of certification, recertification, and reinstatement of certification.
(b) Eligibility requirements and criteria for certification, recertification, reinstatement, and renewal of certification.
(c) Training requirements.
(d) Educational and continuing educational requirements.
(e) The ethical standards and standards of practice for guardians ad litem certified in New Hampshire.
[(f) [Repealed.]
(g) [Repealed.]
(h) [Repealed.]]
II. The executive director, with the advice of the advisory board, may adopt rules, pursuant to RSA 541-A, relative to the following:
(a) The application or certification requirements and criteria for temporary or conditional certification or both, including but not limited to procedures and requirements regarding the circumstances and manner in which individuals may be temporarily or conditionally certified or both, the term and duration of conditional or temporary certification or both, and the ethical standards and standards of practice applicable to persons so certified.
(b) Procedures for the reporting of activities conducted by guardians ad litem appointed in New Hampshire.
[(c) [Repealed.]
(d) [Repealed.]
(e) 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.
(f) [Repealed.]
(g) [Repealed.]]
25 Guardian ad Litem Advisory Board; Certification. Amend RSA 490-C:5-a to read as follows:
490-C:5-a Certification.
I. To be eligible for initial certification, recertification, reinstatement, or renewal of certification, as a guardian ad litem under this chapter, an applicant shall be of good character and shall meet such criteria or requirements as may be established by the executive director with the advice of the advisory board.
[II. Certification issued by the board shall be valid for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed or reissued pursuant to rules adopted by, and upon payment of fees established in, the rules of the board.
III. 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.
IV.] II. Conditional or temporary certification as a guardian ad litem under this chapter shall be according to such criteria, terms, requirements, and procedures, and for such duration, as may be established by the executive director with the advice of the advisory board.
26 Guardian Ad Litem Advisory Board; Confidentiality and Disclosure of Information. Amend RSA 490-C:5-b to read as follows:
490-C:5-b Confidentiality and Disclosure of Information.
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] executive director 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, 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, or drafts or portions thereof, and supporting materials submitted therewith.
(2) Information and records acquired by the [board] office 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] office, 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, 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] executive director, 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] executive director concludes that to do so would advance the effective and fair resolution of the matter, the [board] executive director, its representatives, or its agents may, without a specific court order allowing such disclosure, disclose to persons involved in matters before the [board] executive director, 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] executive director, 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] executive director, 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 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.
III. In the case of disclosures made in accordance with paragraph II, any statutory provisions prescribing penalties for the disclosure of confidential information, including but not limited to laws relative to the penalties for the disclosure of information in cases or proceedings in which a guardian ad litem may be involved, shall not apply to the disclosure to the extent that:
(a) It is made to the [board] executive director or its representatives or agents under subparagraph II(a), or to other persons in accordance with subparagraph II(c), in good faith; or
(b) It is made by the [board] executive director, a member of the advisory board, or the [board's] office's representatives or agents, in the good faith performance of official duties believed authorized under this chapter.
IV. Hearings and other proceedings held by the [board] executive director shall be open to the public unless closed, in whole or in part, by the [board] executive director. The [board] executive director shall close a hearing, proceeding, or matter, in whole or in part, if it concludes, in its discretion, that to open the hearing, proceeding, or matter, or a certain portion thereof, would be likely to:
(a) Result in the [board] executive director publicly hearing, or in the public dissemination of, information that arose in a court proceeding that was not open to the public;
(b) Result in the public dissemination of information in a manner prohibited by court order;
(c) Be contrary to the best interests of a recipient of guardian ad litem services;
(d) Cause unreasonable harm to one or more persons involved in any court proceeding or any proceeding or other matter before the [board] executive director, including but not limited to the guardian ad litem; or
(e) Be detrimental to the effective resolution of a matter pending before the [board] executive director.
V. In applying the provisions of paragraph IV, the [board] executive director shall, to the extent practicable under the circumstances, seek to open or close hearings, proceedings, or other matters in a manner that is consistent with any confidentiality laws, court rules, or known orders pertaining to the case out of which a complaint against a presently or formerly certified guardian ad litem or other matter, arose.
VI.(a) As an alternative to, or in conjunction with, the complete closure of a hearing, proceeding, or other matter, or of a part thereof, the [board] executive director may, in [its] his or her discretion, make such limitations, prohibitions, or instructions relative to the hearing, proceeding, or matter as it concludes are necessary to avoid:
(1) The likely public dissemination of information that arose in a court proceeding that was not open to the public;
(2) The likely public dissemination of information in a manner prohibited by court order;
(3) Probable detriment to the best interests of a recipient of services;
(4) Unreasonable harm to one or more persons involved in any court proceeding or any proceeding or other matter before the [board] executive director, including but not limited to the guardian ad litem; or
(5) Probable detriment to the effective resolution of a matter pending before the [board] executive director.
(b) Limitations, prohibitions, or instructions under subparagraph (a) may include, but need not be limited to, limitations or prohibitions on, or other instructions regarding, any one or more of the following:
(1) The attendance or participation of a person, or of persons, at a hearing, proceeding, or matter before the [board] executive director;
(2) The audiotaping, videotaping, or other recording of a hearing, proceeding, or matter by a person or persons present;
(3) The photographing of a hearing, proceeding, or matter before the [board] executive director; or
(4) The taking of notes at a hearing, proceeding, or matter before the [board] executive director.
(c) In hearings, proceedings, and other circumstances in which the [board] executive director has assigned a presiding officer, the presiding officer shall have the authority to issue limitations, prohibitions, or instructions under subparagraphs (a) and (b), provided that:
(1) Such limitations, prohibitions, or instructions may, at the request of an interested person or on the [board's] executive director's own action, be reviewed by and affirmed, modified, or reversed by the [board] executive director;
(2) Such limitations, prohibitions, or instructions shall not include the closure of a hearing, proceeding, or matter, or a part thereof, the authority for which shall, in the first instance, be with the [board] executive director according to the standards set forth in paragraphs IV and V; and
(3) Such limitations, prohibitions, or instructions shall not include the authority to make limitations or prohibitions on the disclosure or use of material in circumstances outside of a hearing or proceeding, the authority for which shall, in the first instance, be with the [board] executive director according to the standards set forth in paragraph VII.
VII.(a) The [board] executive director may limit or prohibit the disclosure or use outside of a hearing, proceeding, or other matter before the [board] executive director, or in other circumstances, of some or all of the evidence, testimony, documents, or other materials relating to the hearing, proceeding, or matter, or parts thereof, including but not limited to guardian ad litem reports, medical records, and school records.
(b) Limitations and prohibitions issued under subparagraph (a) shall be made in accordance with the considerations set forth in paragraphs IV and V and shall be applicable to such persons involved in the hearing, proceeding, or other matter as the [board] executive director may designate.
(c) The [board] executive director may issue limitations or prohibitions under subparagraph (a) regardless of whether a hearing, proceeding, or other matter is open or closed, in whole or in part, and regardless of whether any limitations, prohibitions, or instructions have been issued under paragraph VI.
VIII.(a) In addition to any other procedures, including those under paragraph VI, which the [board] executive director may apply at a hearing, proceeding, or other matter before the [board] executive director, the [board] executive director may also limit access to, or place limitations on, a person's use in a hearing, proceeding, or matter, of particular documents or materials if:
(1) The [board] executive director concludes that such limitation is necessary to prevent the potential disclosure of confidential material beyond those disclosures that are allowed by law, by court order, or by the [board's] executive director's limitations, prohibitions, or instructions under this chapter; and
(2) Such limitation will not result in a violation of due process of law.
(b) In hearings and proceedings in which the [board] executive director has assigned a presiding officer, the presiding officer shall have the authority to limit access, or place limitations on, a persons' use in a hearing or proceeding of particular documents or materials according to the standards set forth in subparagraph (a), provided that such limitations may, at the request of an interested person or on the [board's] executive director's own action, be reviewed by and affirmed, modified, or reversed by the [board] executive director.
IX. It shall be unlawful:
(a) For any person present during, or otherwise involved in, a disciplinary hearing or any other hearing, proceeding, or matter before the [board] executive director, which is closed to the public, either in whole or in part, to disclose any information concerning the hearing, proceeding, or matter, or the closed portions thereof, if that information may not, pursuant to this chapter or other law, or pursuant to a court order, be disclosed, or if that information:
(1) May serve to identify a parent or child in an abuse or neglect hearing, unless an order of the court allows such disclosure or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law; or
(2) Is subject to an order of the [board] executive director closing a hearing, proceeding, or matter for the reasons set forth in subparagraphs IV(c) through (e), unless prior permission to make such disclosure has been obtained from the [board] executive director or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law.
(b) For any person who has reviewed evidence, documents, or other materials under consideration by or in the possession of the [board] executive director, which are not subject to public disclosure, or parts of such items which are not subject to public disclosure, including but not limited to guardian ad litem reports, medical records, and school records, to disclose any information concerning the nonpublic portions of such documents, if that information may not, pursuant to this chapter or other law, or pursuant to a court order, be disclosed, or if that material:
(1) May serve to identify a parent or child in an abuse or neglect hearing, unless an order of the court allows such disclosure, or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law; or
(2) Is subject to an order of the [board] executive director closing a hearing or procedure for the reasons set forth in subparagraphs IV(c) through (e), unless prior permission to make such disclosure has been obtained from the [board] executive director or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law.
(c) For any person subject to a limitation or prohibition under paragraph VII to make a disclosure which is contrary to that limitation or prohibition, unless prior permission to make such disclosure has been obtained from the [board] executive director.
X. A person who violates paragraph IX shall be guilty of a misdemeanor.
27 Guardian Ad Litem Advisory Board; Court Appointed Special Advocates. Amend RSA 490-C:6 to read as follows:
490-C:6 Court Appointed Special Advocates. Court Appointed Special Advocates (CASA) of New Hampshire shall be accountable to the guardian ad litem advisory board for complying with the training requirements established by the board under RSA 490-C:5, I(d) and for the actions of its volunteer members who are appointed by the court as guardians ad litem.
28 Repeal. The following are repealed:
I. RSA 490-C:3, relative to terms of appointment and meetings.
II. RSA 490-C:5-c, relative to immunity from civil and criminal actions.
29 Manufactured Housing Installation Standards; Definitions. Amend RSA 205-D:1, II to read as follows:
II. "Board" means the installation standards advisory board.
30 New Paragraph; Manufactured Housing Installation Standards; Definitions. Amend RSA 205-D:1 by inserting after paragraph IV the following new paragraph:
IV-a. "Executive director" means the executive director of the office of professional licensure and certification.
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] executive director of the office of professional licensure and certification 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 term and until a successor is appointed and qualified and shall serve no more than 2 full terms. [If there is a vacancy on the board, the provisions of RSA 21:33-a and RSA 21:34 shall apply.]
III. To reduce workforce barriers and 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 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. [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.]]
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 executive director, in consultation with the advisory board, shall be to:
33 Manufactured Housing Installation Standards; Installation Standards. Amend RSA 205-D:4, III to read as follows:
III. Installers shall have the option of installing manufactured housing in accordance with one of the following standards:
(a) New Hampshire installation standards as developed by the executive director, in consultation with the advisory board.
(b) A design prepared by a registered professional engineer or architect for the site.
(c) The manufacturer's installation instructions, provided that such instructions meet or exceed the New Hampshire installation standards as developed by the executive director, in consultation with the advisory board.
34 Manufactured Housing Installation Standards; Inspectors. Amend RSA 205-D:5 to read as follows:
205-D:5 Inspectors.
I. The local enforcement agency, or if there is no local enforcement agency, the [board or the board's designee] executive director or the executive director's designee, shall:
(a) Conduct appropriate inspections to ensure compliance throughout the state with installation practices consistent with the provisions of this chapter and rules promulgated hereunder.
(b) Enter any premises on which an installation is being or has been completed subject to regulation under this chapter for the purpose of making such inspection as is necessary to carry out his or her duties under this chapter. Inspections shall be done prior to occupancy of the manufactured house.
(c) Order the correction of any violation of this chapter, or rule adopted under this chapter.
(d) Order any installer to discontinue installation until the violations are corrected.
(e) Approve the continuation of work on the installation upon being satisfied that violations have been corrected.
(f) Issue a certificate of compliance upon satisfaction that a manufactured house has been installed in compliance with this chapter and the rules promulgated under this chapter.
II. Whenever a local enforcement agency, or if there is no local enforcement agency, the [board or the board's designee] executive director or the executive director's designee orders the correction of a violation under subparagraph I(c), he or she shall immediately notify the [board] office.
III. A certificate of compliance shall be required for occupancy.
IV. Any installer aggrieved under the provisions of this section may file a complaint [in accordance with RSA 205-D:6].
35 Manufactured Housing Installation Standards; License Required. Amend RSA 205-D:7 to read as follows:
205-D:7 License Required. No person shall install any manufactured house subject to the provisions of this chapter without first obtaining a license from the [board] executive director of the office of professional licensure and certification as required by this chapter.
36 Manufactured Housing Installation Standards; Qualifications for License. Amend RSA 205-D:8 to read as follows:
205-D:8 Qualifications for License.
The [board] executive director shall issue a license to any applicant who at a minimum:
I. Has attained the age of 18;
II. Has 2 years experience as a manufactured housing installer or [proves to the board's satisfaction] equivalent installation experience as determined by rules adopted by the executive director pursuant to RSA 541-A;
III. Has successfully completed 6 hours of training on installation standards; and
IV. Complies with the requirements of RSA 205-D:10.
37 Manufactured Housing Installation Standards; Bond Required. Amend RSA 205-D:9, I to read as follows:
I. The [board] executive director shall not issue a license to any person unless the person or his or her employer on his or her behalf has posted a surety bond or letter of credit to be held by the state treasurer in an amount to be determined by the [board] executive director. No surety bond or letter of credit shall be accepted unless it is with a surety company authorized to do business in this state. The surety may cancel the bond or letter of credit at any time upon giving 30 days' written notice to the board.
38 Manufactured Housing Installation Standards; Application for License. Amend RSA 205-D:10 to read as follows:
205-D:10 Application for License.
I. Applications for licenses shall be made on forms adopted by the [board] executive director.
II. Applications for licensure shall be accompanied by proof of the surety bond required by this chapter, and payment of the license fee.
[III. The board may require each applicant to provide additional information about the applicant's background and trustworthiness as is reasonably necessary.]
39 Manufactured Housing Installation Standards; Expiration and Renewal. Amend RSA 205-D:11 to read as follows:
205-D:11 Expiration and Renewal.
I. [All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the third year following the year of issuance, but may be renewed during the following month, retroactive to the first day of the month. Upon failure to pay the renewal fee within the required period, a licensee may renew his or her license by submitting the required fee plus $10 before the last day of the second month following the month of his or her birth.
II.] Persons licensed as installers are eligible for renewal of their licenses if they:
(a) Are not in violation of this chapter;
(b) Meet any requirements for continuing education established by the [board] executive director in rules adopted pursuant to RSA 541-A; and
(c) Submit evidence that a surety bond required under RSA 205-D:9 is in force.
40 Manufactured Housing Installation Standards; Warranty Seal. Amend RSA 205-D:17 to read as follows:
205-D:17 Warranty Seal. In order to keep record of and verify the proper installation of manufactured homes, no manufactured house may be installed in this state until the manufacturer or an installer licensed by the [board] executive director has obtained a warranty seal from the [board] executive director and attached the seal to the manufactured house.
41 Manufactured Housing Installation Standards; Rulemaking Authority. Amend RSA 205-D:20 to read as follows:
205-D:20 Rulemaking Authority.
The executive director, with the advice of the advisory board, shall be authorized, pursuant to RSA 541-A, to adopt rules relative to:
I. The establishment of uniform manufactured housing installation standards.
[II. The design and content of all forms and applications required under this chapter.
III. The application procedure for a license to practice under this chapter.
IV.] II. The qualifications of license applicants set under this chapter.
[V.] III. How an applicant shall be trained, including the minimum education requirements and training standards.
[VI. How a license to practice under this chapter shall be renewed, including any requirements for continuing education.
VII. The establishment of fees required under this chapter.]
[VIII.] IV. Ethical and professional standards required to be met by each holder of a license to practice under this chapter and how disciplinary actions by the board shall be implemented for violations of these standards.
[IX. [Repealed.]
X. Procedures for the conduct of hearings consistent with the requirements of due process.
XI. The establishment of a program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured housing regarding responsibility, for the issuance of appropriate orders, and for the correction or repair of defects in manufactured houses that are reported during the one year period following the date of installation.]
[XII.] V. The establishment of bond and letter of credit requirements under RSA 205-D:9.
42 Repeal. The following are repealed:
I. RSA 205-D:12, relative to fees.
II. RSA 205-D:15, relative to penalty.
III. RSA 205-D:19, relative to federal funds and other funding sources.
43 Massage Therapists and Massage Establishments; Regulation of Massage Therapists and Massage Establishments. Amend RSA 328-B:1 to read as follows:
328-B:1 Regulation of Massage Therapists and Massage Establishments. The general court, to protect the health, safety, and welfare of the people of the state of New Hampshire, establishes a regulatory program for massage therapists, including establishing basic qualifications for licensure of massage therapists, individuals providing reflexology, structural integration, or Asian bodywork services. To promote efficiency and economy, eliminate redundancies in licensure requirements, reduce administrative costs, and facilitate customer service, the advisory boards previously established in RSA 328-B and RSA 328-H shall be combined to provide consultation to the executive director under one advisory board.
44 Massage Therapists and Massage Establishments; Definitions. Amend RSA 328-B:2 II to read as follows:
II. "Advisory board" means the advisory board of massage therapists, reflexology, structural integration, and Asian bodywork therapists.
45 Massage Therapists and Massage Establishments; Advisory Board of Massage Therapists, Reflexologists, Structural Integrators, and Asian Bodywork Therapists. Amend RSA 328-B:5 to read as follows:
328-B:5 Advisory Board of Massage Therapists, Reflexologists, Structural Integrators, and Asian Bodywork Therapists.
The executive director shall establish the advisory board of massage therapists, reflexologists, structural integrators, and Asian bodywork therapists. The board shall consist of [3] 2 massage therapists, 1 reflexologist, 1 structural integrator, and 1 Asian bodywork therapist, who are licensees in the state of New Hampshire. The members shall be appointed for 3 years, staggered so that the term of one member expires each year, and they shall hold office until successors are appointed, and shall serve on the board without any compensation. In no event shall a member serve more than 2 full consecutive terms. The board shall[:] advise the executive director regarding the implementation of this chapter and RSA 328-H.
[I. Review the qualifications of applicants for licenses.
II. Review the qualifications of individuals desiring to conduct massage workshops or seminars who are not licensed in this state.
III. Review the continuing education programs for licensees.
IV. Advise the executive director regarding the implementation of this chapter.]
46 Reflexologists, Structural Integrators, and Asian Bodywork Therapists; Definitions. Amend RSA 328-H:2, II to read as follows:
II. "Board" means the advisory board of massage therapy, reflexology, structural integration, and Asian bodywork therapy established in RSA 328-B:5.
47 Reflexologists, Structural Integrators, and Asian Bodywork Therapists; Powers and Duties of the Executive Director; Rulemaking. Amend RSA 328-H:5, VII to read as follows:
VII. Establish and appoint an advisory board of massage therapy, reflexology, structural integration, and Asian bodywork therapy, as provided in RSA 328-B:5 and RSA 328-H:6.
48 Reflexologists, Structural Integrators, and Asian Bodywork Therapists; Powers and Duties of the Executive Director; Rulemaking. Amend RSA 328-H:5, VIII to read as follows:
VIII. Pursuant to RSA 541-A, adopt rules relative to:
[(a) Late fees and reinstated license fees.
(b)] (a) The contents of license application forms.
[(c)] (b) The qualifications required for practitioners which shall include certification from national certifying agencies, provided that the certifying agencies has been approved by the executive director or as otherwise set forth in this chapter.
[(d) Procedures for licensing to include new, renewal, reinstated, and lapsed licenses.]
[(e)] (c) The form, content, deadlines, and retention of sworn reports required from licensees.
[(f)] (d) Exemptions from licensure under RSA 328-H:13.
[(g)] (e) Waiver provisions as necessary to implement this chapter.
[(h) Procedures for denial, suspension, revocation, and reinstatement of a license.
(i)] (f) 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.
[(j) Procedures for investigations and hearings held under this chapter.
(k) Procedures for criminal background checks.
(l) Disciplinary actions including penalties, sanctions, supplemental training requirements, and treatment and counseling requirements for licensees involved in violations of this chapter, which may include revocation of license, suspension of license, conditional license, administrative fines, and written reprimand.]
49 Reflexologists; Structural Integrators; and Asian Bodywork Therapists. RSA 328-H:6 is repealed and reenacted to read as follows:
328-H:6 Advisory Board of Massage Therapists, Reflexology, Structural Integration, and Asian Bodywork Therapy.
The executive director shall establish the advisory board of massage therapy, reflexology, structural integration, and Asian bodywork therapy, as set forth in RSA 328-B:5, which shall advise on the implementation of this chapter.
50 New Paragraph; Midwifery; Purpose. Amend RSA 326-D:1 by inserting after paragraph V the following new paragraph:
VI. To reduce workforce barriers and 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 council 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.
51 Midwifery; Definitions. Amend RSA 326-D:2, II to read as follows:
II. "Council" means the midwifery advisory council established in RSA 326-D:3.
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] 3 members to be appointed by the [governor with the advice and consent of the executive council] executive director of the office of professional licensure and certification. Members shall be appointed for 4-year terms. No member shall be appointed to more than 2 consecutive terms. Members of the council shall include 2 midwives certified pursuant to this chapter and one physician specializing in obstetrics or pediatrics with experience working with midwives certified pursuant to this chapter. [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 executive director, 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.
54 Midwifery; Certification. Amend RSA 326-D:6 to read as follows:
326-D:6 Certification.
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 of professional licensure and certification 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.
[II. Certification issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in accordance with rules adopted by the council and upon payment of a $110 renewal fee.
III.] II. The title "certified midwife" shall be used only by persons certified under this chapter. No person shall continue to represent himself or herself as a certified midwife after certification has been suspended under this chapter. Any person whose certification under this chapter has been suspended or revoked by the council for disciplinary action under RSA 326-D:8, shall not engage in the practice of midwifery unless and until the suspension or revocation of certification has been lifted.
[IV.] III. Any person who shall practice or attempt to practice as a certified midwife in this state without certification shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person. Any person violating any other provision of this chapter shall be guilty of a violation.
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] executive director, 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 of professional licensure and certification 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, 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.
VII. Present evidence of a passing grade on a certification examination approved by the council.
VIII. Pass both a written and an oral examination [administered] approved by the executive director, in consultation with the council. Such examinations shall include, but shall not be limited to, questions relative to New Hampshire laws and rules governing midwives.
56 Repeal. The following are repealed:
I. RSA 326-D:4, relative to powers and duties of the council.
II. RSA 326-D:11, relative to certificate renewal and continuing education.
III. RSA 326-D:13, relative to reciprocity.
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 eliminate workforce barriers and 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.
58 Septic System Evaluators; Definitions. Amend RSA 310-A:203, I to read as follows:
I. "Board" means the advisory board of septic system evaluators.
59 Septic System Evaluators; Standards of Practice. Amend RSA 310-A:204 to read as follows:
310-A:204 Standards of Practice. The executive director, in consultation with the advisory board, shall adopt, under RSA 541-A, minimum and uniform standards of practice which shall apply to New Hampshire septic system evaluators and be enforced by the board.
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 executive director 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 three-year terms and may not serve more than two consecutive terms. The advisory board shall advise the executive director on the implementation of this chapter.
61 Septic System Evaluators; Rulemaking Authority. Amend RSA 310-A:207 to read as follows:
310-A:207 Rulemaking Authority.
I. The executive director, in consultation with the advisory board, shall adopt rules, pursuant to RSA 541-A, relative to:
(a) The qualifications of applicants in addition to the requirements of this subdivision, including the qualifications for satisfactory evidence of good professional character.
[(b) Procedures for auditing applicants and license holders.
(c)] (b) The criteria for a license to be renewed or reinstated, including any requirements for continuing education.
[(d)] (c) Professional standards required to be met by each holder of a license under this subdivision and how disciplinary actions by the board shall be implemented for violations of these standards.
[(e) [Repealed.]
(f) Procedures for approving education courses for eligibility for licensure and for a continuing education program.
(g)] (d) How an applicant shall be examined, including the time, place, type, and form of the examination.
[(h) The design of an official seal.
(i)] (e) The establishment of administrative fines which may be levied in the administration of this subdivision.
II. The board shall adopt one eligibility examination required for licensure that is an independent recognized examination.
[III. At least 40 days prior to any hearing to be held pursuant to RSA 541-A:11, the board shall furnish a copy of any proposed rules or amendments thereto, to all affected professionals licensed by the board and the commissioner of the department of environmental services.]
62 Septic System Evaluators; License Required. Amend RSA 310-A:209 to read as follows:
310-A:209 License Required.
I. Beginning January 1, 2017, no person shall practice as a septic system evaluator or conduct septic system evaluations in this state without a septic system evaluator's license issued [by the board] under this subdivision, unless the person is eligible for licensure under RSA 310-A:210, II, III, or IV.
II. Beginning January 1, 2018, a person eligible for licensure under RSA 310-A:210, II, III, or IV may continue to practice as a septic system evaluator or conduct septic system evaluations in this state only if such person holds a septic system evaluator's license issued [by the board] under this subdivision.
63 Septic System Evaluators; Eligibility Requirements for Licensure as a Septic System Evaluator. Amend RSA 310-A:210 to read as follows:
310-A:210 Eligibility Requirements for Licensure as a Septic System Evaluator.
I. Each applicant for licensure as a septic system evaluator shall meet the following minimum requirements:
(a) Completion of classroom and field training at [a board-approved] an evaluator course approved by the executive director in consultation with the board.
(b) Proof of passing the [board-adopted] examination required for licensure in accordance with rules adopted by the executive director in consultation with the board, pursuant to RSA 541-A.
(c) Be at least 18 years of age.
II. A person who currently holds a Granite State septic system certified evaluator designation or other recognized designation determined to be acceptable by the executive director, in consultation with the advisory board, shall be eligible for licensure [by the board] without completion of the requirements of subparagraph I(a) or I(b). An applicant under this paragraph shall be issued a license by providing evidence satisfactory [to the board] of such designation.
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 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 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 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.
V. All applicants shall meet the requirement of subparagraph I(c), pay an initial fee, and fulfill all other license application requirements.
VI. The [board] executive director shall approve all education programs under subparagraph I(a) of organizations or education institutions providing acceptable education and training.
VII. The [board] executive director shall have the discretion to reject an applicant who is not of good professional character, as evidenced by:
(a) Misstatement of facts by the applicant in connection with the application;
(b) Violation of any of the standards of practice or code of ethics as they are set forth in this subdivision or in rules adopted by the board; or
(c) Practicing septic system evaluations without being licensed in violation of laws of the jurisdiction in which the practice took place.
64 Septic System Evaluators; License Applications. Amend RSA 310-A:211 to read as follows:
310-A:211 License Applications.
I. Applications for licensure made using the method prescribed and furnished by the office of professional licensure and certification.
II. Applicants shall include the following:
(a) Proof of required education.
(b) Proof of passing the eligibility testing requirements.
(c) Payment of applicable fees.
(d) Any other attachments as required by the executive director [board].
III. If the [board] executive director denies the issuance of a license to any applicant, any fee paid shall be retained as an application fee.
65 Septic System Evaluators; Continuing Education. Amend RSA 310-A:212 to read as follows:
310-A:212 Continuing Education. For renewal of a license issued under this subdivision, each licensee shall participate in a program of continuing education to insure continuing professional competence. Licensees shall complete in each 2-year renewal period a minimum of 6 continuing education units in approved evaluator courses for license renewal. The requirements established by the [board] executive director shall specify any reasonable approach to meeting this requirement, including but not limited to, the setting of hours, the setting of fees, and the conducting of random audits of licensees.
66 Septic System Evaluators; Issuance of Licenses. Amend RSA 310-A:213 to read as follows:
310-A:213 Issuance of Licenses. The [board] executive director shall issue a license upon payment of the license fee established by the office of professional licensure and certification, to any applicant who, in the opinion of the [board] executive director, has satisfactorily met all the requirements of this subdivision. Licenses shall show the full name of the license holder and have a serial number. The issuance of a license by the [board] executive director shall be prima facie evidence that the person named in the license is entitled to all the rights and privileges of a certified septic system evaluator while the license remains valid. It shall be a class B misdemeanor for the license holder to perform septic system evaluations after the license of the evaluator has expired or has been revoked, unless such license shall have been renewed, reinstated, or reissued.
67 Septic System Evaluators; Disciplinary Action. Amend RSA 310-A:216 to read as follows:
310-A:216 Disciplinary Action.
I. [Repealed.]
II. Misconduct sufficient to support disciplinary proceedings under this section shall include:
(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.
(b) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.
(c) Unfitness or incompetence by reason of negligence or other causes; or negligent or willful acts performed in a manner inconsistent with the interests of persons relying on the expertise of the license holder.
(d) Mental or physical incompetence to practice under this subdivision.
(e) Willful or repeated violation of the provisions of this subdivision.
(f) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.
(g) Violations of the code of ethics for septic system evaluators, or any other rule adopted by the [board] executive director.
(h) Providing false testimony before the [board] executive director.
(i) Failure to provide, within 30 calendar days of receipt of notice by certified mail, return receipt requested, information requested by the [board] executive director as a result of any formal complaint to the board alleging a violation of this subdivision.
(j) Knowingly making or signing any false statement, license, or affidavit in connection with the practice of septic system evaluations.
68 Septic System Evaluators; Violations; Penalty. Amend RSA 310-A:219, I(b) to read as follows:
(b) Give any false or forged evidence of any kind [to the board or to any board member] in obtaining a license;
69 Septic System Evaluators; Restraint of Violations. Amend RSA 310-A:220 to read as follows:
310-A:220 Restraint of Violations. The superior court shall have jurisdiction in equity to restrain violations of RSA 310-A:219 on proceedings brought by the attorney general or the [board] executive director.
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:215, relative to expiration and renewals.
IV. RSA 310-A:218, relative to reissuance of licenses.
71 Nursing Home Administrators; Definitions. Amend RSA 151-A:1, I to read as follows:
I. "Board" means the advisory board of examiners of nursing home administrators of the state of New Hampshire.
72 Nursing Home Administrators; Advisory Board of Examiners of Nursing Home Administrators. Amend RSA 151-A:3 to read as follows:
151-A:3 Advisory Board of Examiners of Nursing Home Administrators.
I. To reduce workforce barriers and 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.
II. There shall be [a] an advisory board of examiners of nursing home administrators, which [board] shall be composed of [9] 3 members[,] appointed by the executive director of the office of professional licensure and certification, who are [as follows: Four members shall be] nursing home administrators duly licensed and registered under this chapter; [four members shall be selected from other professions and institutions concerned with the care of chronically ill and infirm aged patients; and one member representative of the public at large; provided, however, that no more than 2 of the members of the board shall be officials or full time employees of state or local governments; and, provided further, that less than a majority of the board shall be representatives of a single profession or institutional category. All members of the board shall be citizens of the United States or shall have declared their intent to become citizens of the United States, and shall be residents of this state. The noninstitutional members shall have no direct financial interest in any nursing home.
II.] III. [Terms of Office. Three members of the initial board shall be appointed for a one-year term of office; 3 members of the initial board shall be appointed for a 2-year term of office; and 3 members of the initial board shall be appointed for a 3-year term of office. Thereafter,] The term of office for each member of the board shall be 3 years. No member shall serve more than 2 consecutive full terms.
[III. Nominations and Appointments.
(a) Appointments to the board shall be made by the governor after consultation with the associations and societies appropriate to the disciplines and professions representative of the vacancies to be filled.
(b) Each member of the board, before beginning the member's term of office, shall receive a certificate of appointment, and shall file the constitutional oath of office.
(c) The governor may remove any examiner for misconduct, incapacity, incompetence, or neglect of duty after the examiner so charged has been served with a written statement of charges and has been given an opportunity to be heard.
(d) [Repealed.]
(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.
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]]
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 executive director, 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;
(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.]
74 Nursing Home Administrators; Rulemaking. Amend RSA 151-A:4-a to read as follows:
151-A:4-a Rulemaking.
The executive director, in consultation with the board, shall adopt rules pursuant to RSA 541-A as may be necessary for the proper performance of its duties, and to take such other actions as may be necessary to enable the state:
I. To meet the requirements set forth in section 1908 of the Social Security Act and other federal requirements.
[II. To establish and collect fees for examination of applicants, for temporary and emergency permits, and for transcribing and transferring records and other services.
III.] II. To establish a schedule of fines.
[IV.] III. To establish criteria for disciplinary actions.
[V.] IV. To establish standards and criteria for licensing, application and examination of applicants, and criteria for granting waivers of experience pursuant to RSA 151-A:5, II.
[VI.] V. To establish criteria for review and approval of educational requirements, including formal educational requirements for licensure or renewal and practical training requirements.
[VII. [Repealed.]]
75 Nursing Home Administrators; Qualifications for Admission to Examination. Amend RSA 151-A:5 to read as follows:
151-A:5 Qualifications for Admission to Examination.
The [board] executive director shall admit to examination for licensure as a nursing home administrator any candidate who pays [a licensing] the required fee and submits evidence of good moral character and suitability prescribed by the executive director, in consultation with the board, and evidence that the candidate is at least 21 years old and has completed preliminary education satisfactory to the [board] executive director; provided:
I. That no applicant for licensure as a nursing home administrator shall be admitted to such licensing examination, nor shall such applicant be entitled to or be granted a license as a nursing home administrator unless such applicant shall submit written evidence[, on forms provided for such purpose by the board,] that the applicant has successfully completed a bachelor of science or bachelor of arts degree from an accredited school.
II. That no applicant for licensure as a nursing home administrator shall be admitted to such licensing examination, nor shall such applicant be entitled to or be granted a license as a nursing home administrator unless the applicant submits evidence [satisfactory to the board] that such applicant possesses such training or experience in the field of institutional administration as is required by the rules of the executive director, in consultation with the board, or has been granted a waiver by the executive director, in consultation with the board based on conditions established by rule.
76 Nursing Home Administrators; Examinations. Amend RSA 151-A:6 to read as follows:
151-A:6 Examinations.
[I.] The executive director, in consultation with the board, shall determine the subjects of examination for applicants for licensure as nursing home administrators, and the scope, content and format of such examinations which in any examination shall be the same for all candidates; provided, however, that such examinations shall include examination of the applicant to demonstrate the applicant's proficiency in the rules of the department of health and human services pertaining to health and safety.
[II. Examinations shall be held at least 2 times each year, at such times and places as the board shall designate.]
77 Nursing Home Administrators; Criminal History Record Checks. Amend RSA 151-A:6-a to read as follows:
151-A:6-a Criminal History Record Checks.
I. Every applicant for initial or reciprocity licensure or reinstatement shall submit to the [board] office of professional licensure and certification a criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the [board] office of professional licensure and certification.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The [board] office of professional licensure and certification shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the [board] office of professional licensure and certification.
[IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V.] IV. The applicant shall bear the cost of a criminal history record check.
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 executive director [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] executive director 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] executive director 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.
79 Repeal. The following are repealed:
I. RSA 151-A:1, II, relative to definition of "secretary".
II. RSA 151-A:8, I, II, III, IV, and V, relative to registration.
III. RSA 151-A:9, relative to reciprocity.
IV. RSA 151-A:10, relative to injunctions.
V. RSA 151-A:12, relative to restoration of licenses and registrations.
VI. RSA 151-A:13, relative to separability clause.
80 Registration of Medical Technicians. Amend the chapter title of RSA 328-I to read as follows:
[Board of] REGISTRATION OF MEDICAL TECHNICIANS
81 Registration of Medical Technicians; Rulemaking. Amend RSA 328-I:4 to read as follows:
328-I:4 Rulemaking. The [board] executive director of the office of professional licensure and certification shall adopt rules, pursuant to RSA 541-A, relative to:
I. Registration eligibility requirements.
II. Eligibility requirements for renewal or reinstatement of a registration to work as a medical technician.
[III. [Repealed.]
IV. [Repealed.]
V. Procedures for the approval or denial of an application.
VI. Procedures for sharing information with other in-state boards, the office of inspector general, department of health and human services, out-of-state boards, and law enforcement entities.]
82 Registration of Medical Technicians; Registration of Medical Technicians Required. Amend RSA 328-I:5 to read as follows:
328-I:5 Registration of Medical Technicians Required.
I. A person engaging in work as a medical technician, as defined in RSA 328-I:1, VI, in New Hampshire shall be registered in accordance with this chapter.
II. Any medical technician, as defined in RSA 328-I:1, VI, who is not registered under this chapter, and who advertises himself or herself as being a medical technician, practices as a medical technician, or engages in such acts after receiving notice that such person's registration has been revoked shall be guilty of a misdemeanor.
[III. The board, after hearing and upon making an affirmative finding under paragraph II, that the person is engaged in unlawful practice, may take action in any one or more of the following ways:
(a) A cease and desist order in accordance with paragraph IV.
(b) The imposition of an administrative fine not to exceed $50,000.
(c) The imposition of an administrative fine for continuation of unlawful practice in the amount of $1,000 for each day the activity continues after notice from the board that the activity shall cease.
(d) The denial or conditional denial of a license application, application for renewal, or application for reinstatement.
IV. The board is authorized to issue a cease and desist order against any person or entity engaged in unlawful practice. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the board, or the prosecuting attorney of any county or municipality where the act of unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to the board.]
[VI.] III. In addition, every health care facility and medical establishment employing medical technicians, shall ensure that such technicians are registered in compliance with this chapter. Any health care facility violating this paragraph shall be subject to appropriate fines and penalties pursuant to RSA 151.
83 Registration of Medical Technicians; Initial Registration; Application; Fees. Amend RSA 328-I:6 to read as follows:
328-I:6 Initial Registration; Application, Fees.
I. The [board] executive director may register any person who submits a completed application and pays the established fee.
II. Completed applications shall include:
(a) Payment of the non-refundable registration fee;
(b) Reports of any pending criminal charges, criminal convictions, plea agreements in lieu of convictions, or complaints made to or dispositions made by licensing, certification, or registration boards.
(c) A complete set of fingerprints and a criminal history record release form pursuant to RSA 328-I:7.
(d) The applicant's work history over the last 10 years.
III. All applications shall include at a minimum, the applicant's name, social security number, place and date of birth, place of employment in New Hampshire and the home address and shall be duly signed and verified. Applications shall be available for public inspection.
IV. Upon approval of the application by the [board] office, the applicant shall be registered as a medical technician for 2 years. Such registration shall take effect within 90 days after the filing of such completed application.
V. Any medical technician who changes his or her name, place or status of employment in New Hampshire, or residence shall notify the [board] office in writing within 30 days. For failure to report such a change within 30 days of such event, the [board] office may suspend the medical technician's registration.
VI. Once an application has been approved by the [board] office, a temporary registration may be issued, pending receipt of the criminal records check and fingerprint information.
84 Registration of Medical Technicians; Criminal History Record Checks. Amend RSA 328-I:7 to read as follows:
328-I:7 Criminal History Record Checks.
I. Every applicant for initial registration or reinstatement shall submit to the [board] office a criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the [board] office.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the [board] office may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The [board] office shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the [board] office.
IV. The [board] office shall review the criminal record information prior to making a registration decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
85 Registration of Medical Technicians; Renewal of Registration. Amend RSA 328-I:8 to read as follows:
328-I:8 Renewal of Registration. Certificates of registration issued under this chapter shall be subject to renewal every 2 years and shall expire unless renewed in the manner prescribed by the [board] executive director. Certificates of registration for medical technician shall be renewed upon the payment of the renewal fee.
86 Registration of Medical Technicians; Refusal to Issue or Renew Certificate; Return of Certificate. Amend RSA 328-I:9 to read as follows:
328-I:9 Refusal to Issue or Renew Certificate; Return of Certificate.
I. The [board] executive director may deny the application for registration or refuse to issue a renewal thereof if it is determined after hearing that such applicant or registrant:
(a) Has made a material false statement or concealed or omitted a material fact in connection with his or her application for registration;
(b) Had a registration issued under this chapter suspended previously;
(c) Has been convicted of a felony under the laws of the United States or any state or any offense involving moral turpitude;
(d) Has willfully or repeatedly failed to comply with any other provision of this chapter or any rules adopted by the [board] office; or
(e) Is a habitual user of drugs or intoxicants.
II. Upon the suspension or revocation of a certificate of registration by the [board] office and the issuance of a notice thereof, the registrant shall within 5 days, not including Sundays and holidays, deliver to the [board] office the certificate of registration. If surrendered by mail, the certificate of registration shall be sent by registered or certified mail, postmarked no later than 3 days, not including Sundays and holidays, following notice of suspension or revocation. Failure to return a certificate of registration which has been revoked or suspended hereunder within the prescribed time shall constitute a misdemeanor.
87 Registration of Medical Technicians; Disciplinary Action; Remedial Proceedings. Amend RSA 328-I:10 to read as follows:
328-I:10 Disciplinary Action; Remedial Proceedings.
[I. The board is authorized to undertake investigations and disciplinary proceedings upon:
(a) The board's initiative.
(b) A written complaint made by any person complaining that a registrant has committed an act of misconduct and specifying the nature of the misconduct.
(c) A written complaint made by any person that a person is engaged in unauthorized practice.
(d) Notification by a licensing or certifying agency of this state that a registrant has been disciplined by that agency.
(e) Notification by the regulatory authority of another domestic or foreign jurisdiction that a registrant has been disciplined in that jurisdiction.
(f) A report made pursuant to the obligation to report imposed by this chapter.
II. [Repealed.]
III.] I. Every facility administrator, or designee, for any licensed hospital, health clinic, ambulatory surgical center, or other health care facility within the state shall report to the [board] office any disciplinary or action related to disruptive conduct, professional incompetence or violation of an organizational rule or procedure involving controlled substances, or any adverse action which results in the termination of an employment relationship, within 30 days after such action is taken, including situations in which allegations of misconduct are settled by voluntary resignation without adverse action, against a person registered by the [board] office. Disciplinary or adverse action shall include the requirement that a registrant undergo counseling or be subject to any policy with regard to disruptive behavior.
[IV. [Repealed.]
V.] II. The [board] executive director, after hearing, may take disciplinary action against any person registered by it upon finding that the person:
(a) Has knowingly provided false information during any application for registration or employment, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application.
(b) Is a habitual user of drugs or intoxicants.
(c) Has engaged in dishonest or unprofessional conduct, or has negligently or intentionally injured a patient while practicing as a medical technician or performing such ancillary activities.
(d) Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the board.
(e) Has been convicted of a felony under the laws of the United States or any state.
[VI. The board may take non-disciplinary remedial action against any person registered by it upon finding that the person is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Upon making an affirmative finding, the board, may take non-disciplinary remedial action:
(a) By suspension, limitation, or restriction of a registration for a period of time as determined reasonable by the board.
(b) By revocation of registration.
(c) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the board.
(d) By requiring the person to practice under the direction of a physician in a public institution, public or private health care program, or private practice for a period of time specified by the board.
VII. [Repealed.]
VIII. [Repealed.]
IX. [Repealed.]
X. No civil action shall be maintained against the board or any member of the board or its agents or employees with regard to any action or activity taken in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any organization or its members or against any other person for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.
XI. [Repealed.]
XII. [Repealed.]
XIII. [Repealed.]]
88 Residential Care and Health Facility Licensing; Verification of Medical Technician Registration. Amend RSA 151:3-d to read as follows:
151:3-d Verification of Medical Technician Registration. Every facility administrator, or designee, for any health care facility licensed under this chapter shall verify with the [board of registration of medical technicians established under RSA 328-I:2] office of professional licensure and certification, prior to employing a medical technician, as defined in RSA 328-I:1, VI, that such medical technician is registered with the [board] office.
89 Repeal. The following are repealed:
I. RSA 328-I:1, I, relative to definition of "board".
II. RSA 328-I:2, relative to the board of registration of medical technicians.
III. RSA 328-I:3, relative to powers and duties of the board.
90 Office of Professional Licensure and Certification; Definitions; Establishment. RSA 310:2, II is repealed and reenacted to read as follows:
II. The office of professional licensure and certification shall consist of the division of licensing and board administration and the division of enforcement, under the executive director as the administrative head of the agency. The boards within the office of professional licensure and certification shall consist of:
(a) Advisory board of acupuncture licensing under RSA 328-G.
(b) Advisory board of body art practitioners under RSA 314-A.
(c) Advisory board of court reporters under RSA 310-A:163.
(d) Advisory board of family mediator certification under RSA 328-C.
(e) Advisory guardian ad litem board under RSA 490-C.
(f) Advisory board of massage therapists, reflexologists, structural integrators, and Asian bodywork therapists under RSA 328-B and RSA 328-H.
(g) Advisory board of medical imaging and radiation therapy under RSA 328-J.
(h) Advisory board of examiners of nursing home administrators under RSA 151-A.
(i) Advisory board of recreational therapists established under RSA 326-J.
(j) Advisory board of respiratory care practitioners established under RSA 326-E.
(k) Advisory board of septic system evaluators under RSA 310-A:206.
(l) Board of accountancy under RSA 309-B.
(m) Board of architects under RSA 310-A:29.
(n) Board of barbering, cosmetology, and esthetics under RSA 313-A.
(o) Board of chiropractic examiners under RSA 316-A.
(p) Board of dental examiners under RSA 317-A.
(q) Board of directors, office of licensed allied health professionals under RSA 328-F.
(r) Board of home inspectors under RSA 310-A:186.
(s) Board of landscape architects under RSA 310-A:142.
(t) Board of licensed dietitians under RSA 326-H.
(u) Board of licensing for alcohol and other drug use professionals under RSA 330-C.
(v) Board of licensing for foresters under RSA 310-A:100.
(w) Board of manufactured housing under RSA 205-A:25.
(x) Board of medicine under RSA 329.
(y) Board of mental health practice under RSA 330-A.
(z) Board of natural scientists under RSA 310-A:81.
(aa) Board of nursing under RSA 326-B.
(bb) Board of pharmacy under RSA 318.
(cc) Board of podiatry under RSA 315.
(dd) Board of psychologists under RSA 329-B:3.
(ee) Board of professional engineers and land surveyors under RSA 310-A:3 and RSA 310-A:55.
(ff) Board of professional geologists under RSA 310-A:120.
(gg) Board of psychologists under RSA 329-B.
(hh) Board of registration of funeral directors and embalmers under RSA 325.
(ii) Board of registration in optometry under RSA 327.
(jj) Registration of medical technicians under RSA 328-I.
(kk) Board of veterinary medicine under RSA 332-B.
(ll) Boxing and Wrestling Commission under RSA 285.
(mm) Electricians’ board under RSA 319-C.
(nn) Electrology advisory committee under RSA 314.
(oo) Genetic counselors governing board established under RSA 328-F and RSA 326-K.
(pp) Governing board of athletic trainers established under RSA 328-F and RSA 326-G.
(qq) Installation standards advisory board under RSA 205-D.
(rr) Mechanical licensing board under RSA 153:27-a.
(ss) Midwifery advisory council under RSA 326-D.
(tt) Naturopathic board of examiners under RSA 328-E.
(uu) Occupational therapy governing board established under RSA 326-F; and RSA 326-C.
(vv) Physical therapy governing board established under RSA 328-F and 328-A.
(ww) Real estate appraiser board under RSA 310-B.
(xx) Real estate commission under RSA 331-A.
(yy) Registration of ophthalmic dispensers under RSA 327-A.
(zz) Speech-language pathology and hearing care provider governing board established under RSA 328-F and 326-F.
(aaa) Assessing certification board under RSA 310-C.
91 Effective Date. This act shall take effect 60 days after its passage.