Revision: April 4, 2024, 11:50 a.m.
Rep. C. McGuire, Merr. 27
Rep. T. Lekas, Hills. 38
April 3, 2024
2024-1429h
11/08
Amendment to SB 318-FN
Amend the bill by replacing all after the enacting clause with the following:
1 Manufactured Housing Installation Standards; Advisory Board Established. Amend RSA 205-D:2 to read as follows:
205-D:2 Advisory Board Established; Members; Terms; Chairperson.
I. There is hereby created an installation standards advisory board consisting of [9] 3 members appointed by the [governor and council] office of professional licensure and certification in consultation with the board as follows:
(a) One installer of manufactured housing [, nominated by the New Hampshire Manufactured Housing Association].
(b) One structural engineer or architect licensed in this state for a minimum of 5 years [, nominated by the board of professional engineers established under RSA 310-A:3].
(c) One dealer or retailer [, nominated by the New Hampshire Manufactured Housing Association.
(d) Two owners or operators of a manufactured housing park with 100 or fewer lots, nominated by the New Hampshire Manufactured Housing Association.
(e) One owner or operator of a manufactured housing park with more than 100 lots, nominated by the New Hampshire Manufactured Housing Association.
(f) One member of a cooperative manufactured housing park, nominated by the Mobile/Manufactured Homeowner and Tenants Association of New Hampshire.
(g) One municipal building code official, nominated by the New Hampshire Building Officials Association.
(h) One municipal fire chief, nominated by the New Hampshire Association of Fire Chiefs.]
II. Each member shall serve a [3-year] 4-year term and until a successor is appointed and qualified and shall serve no more than 2 consecutive full terms. [If there is a vacancy on the board, the provisions of RSA 21:33-a and RSA 21:34 shall apply.]
III. The responsibility for implementation of this chapter shall be transferred to the office of professional licensure and certification. The office of professional licensure and certification shall consult with the advisory board established when implementing this chapter. Rules in effect upon the effective date of this section shall remain in effect until repealed by the office of professional licensure and certification or until the rules expire, whichever occurs first. [The board shall biennially elect a chairperson and vice-chairperson. Five members of the board shall constitute a quorum.
IV. Members of the board shall receive $25 for each day they are engaged in the duties of their office and shall be reimbursed for all actual travel, incidental, and clerical expenses incurred in carrying out the provisions of this chapter.
V. The board shall hold meetings as deemed necessary by the board or the chairperson.
VI. [Repealed.]]
2 Manufactured Housing Installation Standards; Duties of the Advisory Board. Amend the heading and introductory paragraph in RSA 205-D:3 to read as follows:
205-D:3 Duties of the Advisory Board.
The duties of the office of professional licensure and certification, in consultation with the advisory board, shall be to:
I. Assure compliance with the Federal Manufactured Housing Construction and Safety Standard, including compliance with the standard as amended by the Manufactured Housing Improvement Act of 2000, Public Law 106-569.
II. Establish uniform manufactured housing installation standards in order to protect the quality, durability, safety, and affordability of manufactured housing in this state.
III. Adopt rules to adequately license and train manufactured housing installers in order to ensure the proper performance of the house and protect the safety and welfare of the public.
IV. Ensure compliance with state installation standards by conducting appropriate inspections of the installation of manufactured housing.
V. Provide a fair and effective recourse for consumers relative to installation standards; and provide a dispute resolution program for timely resolution of disputes between manufacturers, retailers, and installers of manufactured houses regarding responsibility, and for the issuance of appropriate orders, for the correction or repair of defects in manufactured houses that are reported during the one year period beginning on the date of installation.
3 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.
4 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 of the office of professional licensure and certification or the executive director's designee orders the correction of a violation under subparagraph I(c), he or she shall immediately notify the [board] executive director.
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].
5 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.
6 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.
7 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.
8 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.]
9 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.
10 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.
11 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.
12 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.
13 Nursing Home Administrators; Functions and Duties of the Advisory Board. Amend RSA 151-A:4 to read as follows:
151-A:4 Functions and Duties of the Advisory Board.
I. It shall be the function and duty of the office of professional licensure and certification, in consultation with the board, to:
(a) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators; and
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards[;].
[(c) Issue licenses and registrations to qualified individuals and invoke disciplinary actions for violations of the provisions of licensure or practice under this chapter. The disciplinary actions may include revocation or suspension of a license or registration, imposition of a fine, or reprimand or censure of the licensee. All disciplinary proceedings by the board shall meet due process requirements for notice and hearings as provided in RSA 541-A.
(d) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards;
(e) [Repealed.]
(f) Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.]
II. [Repealed.]
III. [Repealed.]
14 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.]]
15 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.
16 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.]
17 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.
18 Nursing Home Administrators; Licenses. Amend RSA 151-A:7 to read as follows:
151-A:7 Licenses.
I. An applicant for a license as a nursing home administrator who has:
(a) Successfully complied with the requirements of RSA 151-A:5 and the standards provided for therein; and
(b) Passed the examination provided for in RSA 151-A:6 shall be issued a license [on a form provided for that purpose by the board, certifying that such applicant has met the requirements of the laws and rules entitling the applicant to serve, act, practice and otherwise hold such applicant out as a duly licensed nursing home administrator].
II. Under emergency conditions the office of professional licensure and certification [secretary of the board in the secretary's discretion subject to the confirmation of the board] may issue a non-renewable temporary emergency permit to a person of good character and suitability to act in the capacity of an administrator under the supervision of a licensed administrator pending [action by the board until] the next examination or not to exceed 6 months.
[II-a. If the board is satisfied that a candidate for licensure under the reciprocity provisions of RSA 151-A:9 meets all the requirements and needs only sit for the state examination, the board may, if an urgent need is demonstrated, provide the candidate with a temporary permit to work as an administrator in a nursing home within the state of New Hampshire. This temporary permit shall only be valid for a period of 6 months and shall not be renewable or reissued to the same candidate.]
III. If the [board] office of professional licensure and certification finds that programs of training and instruction conducted within the state are not sufficient in number or content to enable nursing home administrators to meet requirements established pursuant to this chapter, the [board] office may request the department of health and human services to institute and conduct or arrange with others to conduct one or more such programs, and shall make provision for their accessibility to residents of this state. The department of health and human services may approve programs conducted within and without this state as sufficient to meet education and training requirements established pursuant to this chapter. For purposes of this paragraph, the department of health and human services shall have the authority to receive and disburse state funds allocated for this purpose and federal funds received pursuant to section 1908(e)(1) of the Social Security Act.
19 Repeal. The following are repealed:
I. RSA 151-A:1, II, relative to definition of "secretary".
II. RSA 151-A:6, II, relative to examinations of nursing home administrators.
III. RSA 151-A:8, I, II, III, IV, and V, relative to registration.
IV. RSA 151-A:9, relative to reciprocity.
V. RSA 151-A:10, relative to injunctions.
VI. RSA 151-A:12, relative to restoration of licenses and registrations.
VII. RSA 151-A:13, relative to separability clause.
20 Repeals; Massage Therapists and Massage Establishments. The following are repealed:
I. RSA 328-B:4, VII(h), relative to procedures for temporary permits.
II. RSA 328-B:4, VII(k)-(l), relative to administrative fines.
III. RSA 328-B:5-a, relative to temporary licenses for massage therapists.
IV. RSA 328-B:6, relative to license issuance.
V. RSA 328-B:7, relative to license renewal.
VI. RSA 328-B:11-a, relative to administrative fines.
VII. RSA 328-B:15, relative to injunctive relief.
21 Reflexologists, Structural integrators, and Asian Bodywork Therapists; Renewal of Practitioner License; Reinstatement. Amend RSA 328-H:9, II to read as follows:
II. All licenses issued pursuant to this chapter shall be renewed biennially [on or before June 30] pursuant to RSA 310:8 upon approval by the executive director of the renewal application and submission of the required renewal fee.
22 Cross Reference Removed; Reflexology; Powers and Duties of the Executive Director. Amend RSA 328-H:5, VIII(i) to read as follows:
(i) A schedule of administrative fines which may be imposed under [RSA 328-H:15 for violation of this chapter or the] rules adopted [pursuant to it] under RSA 541-A and in accordance with RSA 310:12.
23 Repeal; Reflexologists, Structural integrators, and Asian Bodywork Therapists. The following are repealed:
I. RSA 328-H:15, relative to administrative fines.
II. RSA 328-H:16, relative to injunctive relief.
24 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.
25 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.
26 Effective Date. This act shall take effect 60 days after its passage.
2024-1429h
AMENDED ANALYSIS
This bill, at the request of the office of professional licensure and certification:
1. Converts the manufactured housing installations standards board into an advisory board and makes other amendments implementing this change.
2. 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.
3. Converts the board of examiners of nursing home administrators into an advisory board and makes other amendments implementing this change.
4. Eliminates medical technicians from professions permitted to provide telemedicine and telehealth services.