HB 1410-FN - AS AMENDED BY THE HOUSE
15Feb2024... 0534h
2024 SESSION
24-2690
09/05
HOUSE BILL 1410-FN
AN ACT relative to certain professional licenses.
SPONSORS: Rep. Osborne, Rock. 2; Rep. T. Lekas, Hills. 38
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill repeals the chapter on the board of registration of medical technicians. This bill further makes changes to the nurse practice act.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2024... 0534h 24-2690
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to certain professional licenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Nurse Practice Act; Board of Nursing. Amend RSA 326-B:3, II to read as follows:
II. Each APRN or RN member shall be a resident of this state, licensed in good standing under the provisions of this chapter, and currently engaged in the practice of nursing as an RN and shall have no fewer than 5 years of experience as an RN, at least 3 of which shall have immediately preceded appointment. RN members of the board shall represent the various areas of nursing practice including education, administration, and clinical practice.
2 Nurse Practice Act; Powers and Duties of the Board. Amend RSA 326-B:4 to read as follows:
326-B:4 Powers and Duties of the Board. The board may:
I. Establish reasonable and uniform standards for nursing practice consistent with the criteria identified by the National Council of State Boards of Nursing.
[II. Provide consultation regarding nursing practice for institutions and agencies.]
[III. Examine, license, and renew the licenses of duly qualified individuals.]
II. Establish eligibility criteria for licensure and renewal of licensure, including examination requirements and continuing education requirements. The board shall select an appropriate nationally approved licensing examination.
[IV. Gather and report to the public statistical information regarding, but not limited to, the education and licensure of registered and practical nurses.
V. [Repealed.]
VI. [Repealed.]]
[VII.] III. Determine and enforce appropriate disciplinary action against all individuals found guilty of violating this chapter or the rules adopted under this chapter.
[VIII.] IV. Deny or withdraw approval of nursing and nursing assistant educational programs that do not meet the minimum requirements of this chapter.
[IX. Maintain records of proceedings as required by the laws of New Hampshire.
X. Conduct conferences, forums, studies, and research on nursing practice and education.
XI. [Repealed.]
XII. [Repealed.]
XIII. Establish and collect fees, under rules adopted by the board under RSA 541-A, relative to applicants seeking any type of license issued by the board under this chapter, including fees for applications for temporary licenses, reinstatement of inactive licenses, licenses by examination, and renewal of licenses, as well as fees for verifying license status, program graduation, or computerized lists, and fees for site visits associated with nursing education programs under RSA 326-B:32.]
[XIV.] V. In accordance with state due process laws, limit the multistate licensure privilege of any registered nurse or licensed practical nurse to practice in New Hampshire and may take any other actions under applicable state laws necessary to protect the health and safety of New Hampshire citizens. If the board does take such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such action taken by the state of New Hampshire.
[XV.] VI. Establish a liaison committee, a practice and education committee, and such additional subcommittees as may be appropriate to assist the board in the performance of its duties.
3 Nurse Practice Act; Rulemaking Authority. Amend RSA 326-B:9 to read as follows:
326-B:9 Rulemaking Authority. The board shall adopt rules, in accordance with RSA 541-A, relative to the following:
I. Eligibility requirements for the issuance of all initial, temporary, and renewal licenses, specialty licenses, and certificates issued [by the board] under this chapter, including the issuance of such licenses to applicants holding a currently valid license or other authorization to practice in another jurisdiction.
II. Eligibility requirements for the reinstatement of licenses after lapse and after disciplinary action.
III. Recognition of national certifying bodies issuing specialty certifications required for licensure as an APRN which shall also be recognized by the National Council of State Boards of Nursing.
IV. The standards to be met by, and the process for approval of, education programs designed to prepare applicants to qualify for licensure or certification in any of the disciplines regulated by the board under RSA 326-B:32, including the time period within which noncompliance must be corrected before such approval is withdrawn.
V. The standards to be met by, and the process for approval of, education programs designed to prepare LPNs in intravenous therapy and by programs designed to prepare LNAs to perform tasks not addressed in the basic curriculum required for licensure.
VI. The determination of disciplinary sanctions authorized by this chapter, including the determination of administrative fines.
VII. The administration of examinations authorized by this chapter, and the manner in which information regarding the contents of any licensing examinations may be disclosed, solicited, or compiled.
VIII. Ethical standards for the practice of nursing and nursing-related activities.
IX. Continuing competence requirements.
X. Designations that may be used by persons regulated by the board and retired persons regulated by the board.
XI. The implementation and coordination of the nurse licensure compact adopted in RSA 326-B:46. The board shall use model rules developed for the nurse licensure compact by the National Council of State Boards of Nursing as the basis for adopting rules which shall be modified as necessary to comply with state statutes.
XII. Prescribing controlled drugs pursuant to RSA 318-B:41.
XIII. A process for registering practitioners who have been granted a special registration to prescribe controlled substances via telemedicine pursuant to 21 U.S.C. section 831(h).
XIV. The implementation of strategies and procedures necessary to increase the acceptance of military training and experience towards licensure for military veterans seeking to be licensed as a nurse. For the purposes of this subparagraph, "veterans" means veterans as defined in 38 U.S.C. section 101(2).
XV. Implementation of the nursing assistant registry pursuant to 42 C.F.R. section 483.156, including placement of qualified individuals on the nursing assistant registry.
XVI. The requirements for approval of a nurse aide training and competency evaluation program pursuant to 42 C.F.R. sections 483.151-152 and nurse aide competency evaluations pursuant to 42 C.F.R. section 483.154.
4 Nurse Practice Act; Criminal History Record Checks. Amend RSA 326-B:15, I to read as follows:
I. Every applicant for initial licensure shall submit to the [board] office a criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the [board] office.
5 Nurse Practice Act; Licensure; All Applicants. Amend RSA 326-B:16, I to read as follows:
I. Submit a completed application and fees [as established by the board].
6 Nurse Practice Act; Modified License; Registered Nurse or Licensed Practical Nurse. Amend RSA 326-B:25 to read as follows:
326-B:25 Modified License; Registered Nurse or Licensed Practical Nurse. The [board] office may issue a modified license to an individual who has met licensure requirements and who is able to practice without compromising public safety within a modified scope of practice or with accommodations or both as specified by the board.
7 Nurse Practice Act; Certificate of Medication Administration for Licensed Nursing Assistants. Amend RSA 326-B:27, I to read as follows:
I. The [board] office may issue a certificate of medication administration to a current LNA who:
(a) Has participated in and completed a board-approved medication administration education program;
(b) Has passed an examination approved by the board; and
(c) Has paid the certification fee.
8 Office of Professional Licensure and Certification; Telemedicine and Telehealth Services. Amend RSA 310:7, II to read as follows:
II. Individuals licensed, certified, or registered pursuant to RSA 137-F; RSA 151-A; RSA 315; RSA 316-A; RSA 317-A; RSA 326-B; RSA 326-D; RSA 326-H; RSA 327; RSA 328-D; RSA 328-E; RSA 328-F; RSA 328-G; RSA 329-B; RSA 330-A; RSA 330-C; RSA 327-A; RSA 329; RSA 326-B; RSA 318; [RSA 328-I;] RSA 328-J; or RSA 332-B may provide services through telemedicine or telehealth, provided the services rendered are authorized by scope of practice. Nothing in this provision shall be construed to expand the scope of practice for individuals regulated under this chapter.
9 Repeal. The following are repealed:
I. RSA 328-I, relative to the board of registration of medical technicians.
II. RSA 151:3-d, relative to verification of medical technician registration.
III. RSA 310:2, II(jj), relative to the board of registration of medical technicians.
IV. RSA 326-B:3, IX-XI, relative to the board of nursing.
V. RSA 326-B:6, relative to collection and expenditure of funds.
VI. RSA 326-B:8, relative to fees and charges.
VII. RSA 326-B:21, relative to licensure by endorsement for licensed nursing assistants.
VIII. RSA 326-B:22, relative to license renewal.
IX. RSA 326-B:23, relative to license reinstatement.
10 Effective Date. This act shall take effect 60 days after its passage.
24-2690
Amended 2/29/24
HB 1410-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0534h)
AN ACT relative to certain professional licenses.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | ($23,825) to $0 Depending on when the bill is passed | ($95,300) | ($71,475) | Indeterminable decrease to $0 | ||
Revenue Fund(s) | Office of Professional Licensure and Certification Fund | |||||
Expenditures | $0 | $0 | $0 | $0 | ||
Funding Source(s) | Office of Professional Licensure and Certification Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
METHODOLOGY:
This bill repeals the chapter on the board of registration of medical technicians. Additionally, it amends certain provision of the nurse practice act under RSA 326-B to reflect the intent of RSA 310 as well as redefines licensing and fees within the act.
The Office of Professional Licensure and Certification (OPLC) currently has 1,733 licensed medical technicians, with a license fee of $110, estimating the total revenue to be $95,300. To calculate the fiscal impact of eliminating the licensing of the medical technicians, the OPLC assumed a consistent biennial renewal rate with no new initial licensing fees generated. In FY 2024 the OPLC assumed a 25% impact on licenses to account for the partial year remaining after passage equaling a loss of $23,825 in licensing fees, FY 2025 was assumed at 100% for a loss of $95,300 in licensing fees, and FY 2026 was assumed to be an impact of 75% for a loss of $71,475 in licensing fees. Eliminating the license and board would minimally impact overhead costs, as the Office already supports other boards administratively. While administering fewer boards yields savings, a shared board administrator serving multiple boards ensures no staff reduction.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification
| Date | Amendment |
|---|---|
| Feb. 8, 2024 | 2024-0534h |
| Date | Body | Type |
|---|---|---|
| Jan. 17, 2024 | House | Hearing |
| Feb. 7, 2024 | House | Exec Session |
| Feb. 7, 2024 | House | Exec Session |
| Feb. 7, 2024 | House | Floor Vote |
| March 5, 2024 | House | Hearing |
| March 6, 2024 | House | Exec Session |
| March 6, 2024 | House | Exec Session |
| March 6, 2024 | House | Floor Vote |
| April 17, 2024 | Senate | Hearing |
April 3, 2024: Hearing: 04/17/2024, Room 103, SH, 09:15 am; SC 14
March 26, 2024: Introduced 03/21/2024 and Referred to Executive Departments and Administration; SJ 8
March 21, 2024: Ought to Pass: MA VV 03/21/2024 HJ 9
March 15, 2024: Committee Report: Ought to Pass 03/06/2024 (Vote 20-0; CC)
Feb. 28, 2024: Executive Session: 03/06/2024 01:30 pm LOB 202-204
Feb. 28, 2024: Executive Session: 03/06/2024 01:30 pm LOB 202-204
Feb. 28, 2024: Full Committee Work Session: 03/06/2024 09:30 am LOB 202-204
Feb. 28, 2024: Public Hearing: 03/05/2024 10:00 am LOB 202-204
Feb. 15, 2024: Referred to Ways and Means 02/15/2024 HJ 5 P. 11
Feb. 15, 2024: Ought to Pass with Amendment 2024-0534h: MA VV 02/15/2024 HJ 5 P. 8
Feb. 15, 2024: Amendment # 2024-0534h: AA VV 02/15/2024 HJ 5 P. 8
Feb. 8, 2024: Committee Report: Ought to Pass with Amendment # 2024-0534h 02/07/2024 (Vote 19-0; CC) HC 6 P. 5
Jan. 31, 2024: Executive Session: 02/07/2024 10:30 am LOB 306-308
Feb. 5, 2024: Subcommittee Work Session: 02/07/2024 09:00 am LOB 306-308
Jan. 31, 2024: Executive Session: 02/07/2024 10:30 am LOB 306-308
Jan. 29, 2024: Subcommittee Work Session: 02/02/2024 10:30 am LOB 306-308
Jan. 19, 2024: Subcommittee Work Session: 01/26/2024 01:00 pm LOB 306-308
Jan. 5, 2024: Public Hearing: 01/17/2024 11:30 am LOB 306-308
Dec. 6, 2023: Introduced 01/03/2024 and referred to Executive Departments and Administration HJ 1