HB 1676-FN - AS INTRODUCED
2024 SESSION
24-2683
09/10
HOUSE BILL 1676-FN
SPONSORS: Rep. T. Lekas, Hills. 38; Rep. Osborne, Rock. 2; Rep. C. McGuire, Merr. 27
COMMITTEE: Executive Departments and Administration
-----------------------------------------------------------------
ANALYSIS
This bill establishes a sunset commission to evaluate the need for or any improvements to various occupational boards and commissions within the office of professional licensure and certification, as well as the least restrictive regulation they can adopt. The bill further repeals various occupational boards and commissions each year through 2031.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2683
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose. The protection of health and safety is of utmost importance to New Hampshire state government and the consumers of this state. At the same time, the general court recognizes that overregulation is a barrier to obtaining a license and can prevent qualified individuals from entering or remaining in their field. The purpose of this act is to require the legislature to reexamine the licensing boards of this state to determine if it is in the best interest of the consumers and the health and safety of this state to renew their authority.
2 New Section; Office of Professional Licensure and Certification; Sunset Commission Established. Amend RSA 310 by inserting after section 17 the following new section:
310:18 Sunset Commission Established.
I. There is hereby a sunset commission established to evaluate the need for, performance of,
and improvements to the boards and commissions under review and the proper type of laws and rules regulating occupations. The findings shall be condensed into a report and shall be delivered to the governor, senate president, and speaker of the house of representatives, as well as the relevant policy committees as determined by legislative leadership, at least one year prior to the sunset dates. The members of the commission shall be as follows:
(a) Two members appointed by the governor.
(b) Three members appointed by the senate president.
(c) Three members appointed by the speaker of the house of representatives.
(d) The executive director of the office of professional licensure and certification, or designee.
(e) Three public members appointed by the governor.
II. The commission shall be responsible for investigating the need for, performance of, and improvements to licensing statutes, administrative rules, and boards scheduled to sunset under this act. In addition to the report, the chair and vice chair of the commission shall be expected to present the findings of their report to the relevant policy committees.
III. The commission’s analysis may include the law’s effects on opportunities for workers, consumer choices, costs and benefits, general unemployment, market competition, governmental costs, and other effects. Its analysis also may compare the law to whether and how other states regulate the occupation, including the occupation’s scope of practice that other states use, the personal qualifications other states require, and the penalties that other states impose for violating the occupational regulation. The commission also may consider research or other credible evidence concerning whether an existing regulation directly helps consumers to avoid present, significant, and recognizable harm.
IV. The right of an individual to pursue a lawful occupation is a fundamental right. Where the commission finds it is necessary to restrict that right, it shall recommend the least restrictive regulation to protect consumers from present, significant, and substantiated harms by providers of services that threaten consumers' health and safety. In this section, "least restrictive regulation” means, from least to most restrictive:
(1) Market competition,
(2) Third-party or consumer-created ratings and reviews,
(3) Private certification,
(4) Voluntary bonding or insurance,
(5) Specific private civil cause of action to remedy consumer harm,
(6) Deceptive trade practice act,
(7) Mandatory disclosure of attributes of the specific good or service,
(8) Regulation of the process of providing the specific good or service,
(9) Regulation of the facility where the specific good or service is sold,
(10) Inspection,
(11) Bonding,
(12) Insurance,
(13) Government registration,
(14) Government certification,
(15) Specialty voluntary occupational certification solely for medical reimbursement, and
(16) Occupational license.
V. The commission's report shall include its findings and recommendations to the legislature to enact legislation that:
(a) Repeals the occupational licenses;
(b) Converts the occupational license to a less restrictive regulation;
(c) Instructs the relevant licensing board or agency to promulgate revised administrative rules using less restrictive alternatives to occupational licenses;
(d) Changes the requisite personal qualifications of an occupational license;
(e) Redefines the scope of practice in an occupational license;
(f) Changes the penalties for violating an occupational license;
(g) Reflects other recommendations to the legislature; or
(h) Makes no changes to state law.
VI. The commission also may comment on each licensing board’s composition and the authority the law delegates to promulgate administrative rules, particularly rules relating to establishing:
(a) The occupation’s scope of practice, and
(b) The personal qualifications required to gain an occupational license.
VII. The commission's comment may include analysis of the exposure to antitrust litigation that existing laws may cause because of excessive or ambiguous delegation of authority to each licensing board to promulgate and enforce administrative rules.
3 Sunset Provisions; Occupational Licensing Boards Repealed; Schedule.
I. The following chapters are hereby repealed in 2025:
(a) Board of acupuncture licensing under RSA 328-G;
(b) Advisory board of body art practitioners under RSA 314-A;
(c) Board of family mediator certification under RSA 328-C;
(d) Board of guardians ad litem under RSA 490-C;
(e) Advisory boards of massage therapists and reflexology, structural integration, and Asian bodywork therapy under RSA 328-B and RSA 328-H; and
(f) Board of examiners of nursing home administrators under RSA 151-A.
II. The following chapters are hereby repealed in 2026:
(a) Advisory board of recreational therapists established under RSA 326-J;
(b) Advisory board of respiratory care practitioners established under RSA 326-E;
(c) Assessing certification advisory board under 310-C;
(d) Board of accountancy under RSA 309-B;
(e) Board of architects under RSA 310-A:29;
(f) Board of barbering, cosmetology, and esthetics under RSA 313-A; and
(g) Board of chiropractic examiners under RSA 316-A.
III. The following chapters are hereby repealed in 2027:
(a) Board of dental examiners under RSA 317-A;
(b) Board of home inspectors under RSA 310-A:186;
(c) Board of licensing for interpreters for the deaf, deafblind, and hard of hearing under RSA 326-I;
(d) Board of licensed dietitians under RSA 326-H;
(e) Board of medicine under RSA 329;
(f) Board of mental health practice under RSA 330-A; and
(g) Board of nursing under RSA 326-B.
IV. The following chapters are hereby repealed in 2028:
(a) Board of pharmacy under RSA 318;
(b) Boards of professional engineers and land surveyors under RSA 310-A:3 and 310-A:55;
(c) Board of professional geologists under RSA 310-A:120;
(d) Board of registration of funeral directors and embalmers under RSA 325;
(e) Board of registration in optometry under RSA 327;
(f) Board of veterinary medicine under RSA 332-B; and
(g) Boxing and wrestling commission under RSA 285.
V. The following chapters are hereby repealed in 2029:
(a) Electricians’ board under RSA 319-C;
(b) Electrology advisory committee under RSA 314;
(c) Genetic counselors governing board established under RSA 328-F and RSA 326-K;
(d) Governing board of athletic trainers established under RSA 328-F and RSA 326-G;
(e) Installation standards board under RSA 205-D; and
(f) Mechanical licensing board under RSA 153:27-a.
VI. The following chapters are hereby repealed in 2030:
(a) Midwifery council under RSA 326-D;
(b) Naturopathic board of examiners under RSA 328-E;
(c) Occupational therapy governing board established under RSA 326-F; and RSA 326-C;
(d) Physical therapy governing board established under RSA 328-F and 328-A;
(e) Professional bondsmen under RSA 598-A;
(f) Real estate appraiser board under RSA 310-B; and
(g) Real estate commission under RSA 331-A.
VII. The following chapters are hereby repealed in 2031:
(a) Registration of ophthalmic dispensers under RSA 327-A;
(b) Speech-language pathology and hearing care provider governing board established under RSA 328-F and 326-F; and
(c) State board of auctioneers under RSA 311-B.
I. Paragraph I of section 3 of this act shall take effect July 1, 2025.
II. Paragraph II of section 3 of this act shall take effect July 1, 2026.
III. Paragraph III of section 3 of this act shall take effect July 1, 2027.
IV. Paragraph IV of section 3 of this act shall take effect July 1, 2028.
V. Paragraph V of section 3 of this act shall take effect July 1, 2029.
VI. Paragraph VI of section 3 of this act shall take effect July 1, 2030.
VII. Paragraph VII of section 3 of this act shall take effect July 1, 2031.
VIII. The remainder of this act shall take effect upon its passage.
24-2683
12/12/23
HB 1676-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||||
Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | ($187,670) - $0.00 | ($1,862,139) - $0.00 | ||
Revenue Fund(s) | Office of Professional Licensure and Certification Fund | |||||
Expenditures | $0 | $0 | ($209,628) - $0.00 | ($2,077,252) - $0.00 | ||
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 establishes a sunset commission to evaluate the need for or any improvements to various occupational boards and commissions within the office of professional licensure and certification, as well as the least restrictive regulation they can adopt. The bill further repeals various occupational boards and commissions each year through 2031.
The Office of Professional Licensure and Certification (OPLC) states this bill creates a sunset commission and a schedule to repeal a number of boards. In the tables below, the OPLC provides a list of the boards to be repealed in FY 2026 and FY 2027 along with the projected revenue and expenditure impact. The OPLC notes to the extent new legislation is filed to not repeal the stated boards or just certain boards the fiscal impact would be modified.
Fiscal Year 2026
Projected Revenue Loss and Expenditure Decrease by Board Repeals
Board | Projected Revenue Loss | Projected Expenditure Decrease |
Acupuncture | $8,910.00 | $13,726.00 |
Body Art | $33,110.00 | $46,243.00 |
Family Mediators | $4,800.00 | $2,757.00 |
Guardians ad Litem | $1,200.00 | $2,748.00 |
Massage Therapy | $108,680.00 | $114,742.00 |
Nursing Home Administrators | $28,000.00 | $29,412.00 |
Reflexology, Structural Integration, etc. | $2,970.00 | $0.00 |
Total Revenue Loss | $187,670.00 | $209,628.00 |
Fiscal Year 2027
Projected Revenue Loss and Expenditure Decrease by Board Repeals
Board | Projected Revenue Loss | Projected Expenditure Decrease |
Accountancy | $579,656.00 | $348,139.00 |
Acupuncture | $13,664.05 | $13,726.00 |
Architects | $230,045.00 | $175,870.00 |
Assessing Certification | $0.00 | Indeterminable (not established) |
Barbering, Cosmetology & Esthetics | $715,685.00 | $1,254,537.00 |
Body Art | $46,168.30 | $46,243.00 |
Chiropractic Examiners | $105,368.00 | $33,462.00 |
Family Mediators | $2,091.00 | $2,757.00 |
Guardians ad Litem | $1,717.00 | $2,748.00 |
Massage Therapy | $101,594.00 | $114,742.00 |
Nursing Home Administrators | $24,506.00 | $29,412.00 |
Recreational Therapy | $6,838.00 | $5,222.00 |
Reflexology, Structural Integration, etc. | $674.00 | $0.00 |
Respiratory Care Practitioners | $34,133.00 | $50,394.00 |
Total Revenue Loss | $1,862,139.35 | $2,077,252.00 |
AGENCIES CONTACTED:
Office of Professional Licensure and Certification
| Date | Body | Type |
|---|---|---|
| Jan. 25, 2024 | House | Hearing |
| Feb. 7, 2024 | House | Exec Session |
| Feb. 7, 2024 | House | Exec Session |
Feb. 15, 2024: Refer for Interim Study: MA VV 02/15/2024 HJ 5 P. 11
Feb. 8, 2024: Committee Report: Refer for Interim Study 02/07/2024 (Vote 20-0; CC) HC 6 P. 6
Jan. 31, 2024: Executive Session: 02/07/2024 10:30 am LOB 306-308
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. 29, 2024: Subcommittee Work Session: 02/02/2024 11:00 am LOB 306-308
Jan. 17, 2024: Public Hearing: 01/25/2024 01:30 pm LOB 306-308
Dec. 15, 2023: Introduced 01/03/2024 and referred to Executive Departments and Administration HJ 1