Revision: April 30, 2024, 1:26 p.m.
Rep. Simon, Graf. 1
April 29, 2024
2024-1671h
09/02
Amendment to SB 371-FN
Amend the title of the bill by replacing it with the following:
AN ACT relative to the licensing and regulation of physicians.
Amend the bill by replacing all after the enacting clause with the following:
1 Physicians and Surgeons; Examining Board; Board; Duties. Amend RSA 329:2, II(a) to read as follows:
(a) [Evaluate] Establish criteria for persons [who] to apply for the authority to practice medicine in New Hampshire [and license to those who are found qualified] under the standards of this chapter.
2 Physicians and Surgeons; Examining Board; Board; Duties. Amend RSA 329:2, II(d) to read as follows:
(d) Assess[, compromise, and collect] civil penalties against persons engaged in the unauthorized practice of medicine or other violations of this chapter.
3 Physicians and Surgeons; Examining Board; Rulemaking Authority. Amend RSA 329:9, XV to read as follows:
XV. [Procedural and] Substantive requirements for assessing[, compromising and collecting] administrative fines against licensees as authorized under [RSA 329:17, VII(g)] RSA 310:12 and against licensees and nonlicensees as authorized by RSA 329:2, II(d).
4 Physicians and Surgeons; Examinations and Licenses; Criminal History Record Checks. Amend RSA 329:11-a, I-IV to read as follows:
I. Every applicant for initial permanent licensure or reinstatement shall submit to the [board of medicine] 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.
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 licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
5 Physicians and Surgeons; Examinations and Licenses; Qualifications of Licensees. Amend RSA 329:12, I(a) through the introductory subparagraph of (d) to read as follows:
(a) Pay a fee established by the [board] office of professional licensure and certification.
(b) Submit an application [in a form prescribed by the board] which shall be verified by oath.
(c) Submit a complete set of fingerprints and a criminal history record release form pursuant to RSA 329:11-a.
(d) Demonstrate to the reasonable satisfaction of the [board] office that the applicant:
6 Physicians and Surgeons; Examinations and Licenses; Qualifications of Licensees; Waiver of Examination Requirement. Amend RSA 329:12, II to read as follows:
II. The [board may] office shall waive the examination requirement for any applicant who has satisfactorily passed all examinations and requirements to become board certified by the American Board of Medical Specialties (ABMS) or by the American Osteopathic Association (AOA).
7 Physicians and Surgeons; Examinations and Licenses; Action on License Applications. Amend RSA 329:14 to read as follows:
329:14 Action on License Applications.
I. The [board] office of professional licensure and certification shall make [no final decision concerning the qualifications of a new or reinstatement applicant until it has received the results of all required examinations, criminal history record checks, and all third-party certifications required to be submitted with the license application, and the time periods specified by RSA 541-A:29 shall be calculated from the date the last of the required documents is received by the board] decisions on applications in accordance with RSA 310:4, II(c).
II. No application shall be granted unless the [board] office finds that the applicant possesses the necessary educational, character and other professional qualifications to practice medicine, and that no circumstances exist which would be grounds for disciplinary action against a licensed physician pursuant to RSA 329:17, I, or other applicable statute.
III. The [board] office shall grant an unrestricted permanent license to persons it finds to have the necessary professional qualifications. The [board] office may also, in consultation with the board, by consent or after notice and the opportunity to be heard, resolve issues concerning professional qualifications or circumstances that would be grounds for non-disciplinary remedial action against a licensed physician by granting a temporary license, or a temporary or permanent license with restrictions.
IV. [Repealed.]
V.(a) The [board] office shall issue special training licenses to persons of good professional character who are enrolled in a regular residency or graduate fellowship training program accredited by the Council on Graduate Medical Education, and who possess such further education and training as the board may require by rule.
(b) Persons holding training licenses shall be subject to the disciplinary provisions of RSA 329:17 and such additional professional character and competency requirements as the board may require by rule.
(c) Training licenses shall be confined to activities performed in the course of the qualifying residency or graduate fellowship training program, shall expire automatically upon the licensee's separation from the residency or graduate fellowship training program for any reason, and may be issued on a restricted or conditional basis.
VI. The [board] office may issue special licenses containing conditions, limitations, or restrictions, including licenses limited to specific periods of time in accordance with rules adopted under RSA 329:9, VIII.
VII. The [board] office may issue courtesy licenses authorizing the practice of medicine under limited conditions as defined by the board by rule. Courtesy licenses shall not exceed 100 days and shall be limited in location. All applicants shall hold an active[, unrestricted license in another state and] license in good standing from another jurisdiction that has substantially similar licensing requirements to New Hampshire’s licensing requirements. Applicants shall also meet the same character qualifications as other licensees.
VIII. The [board] office may issue licenses authorizing the practice of medicine limited to administrative medicine for physicians whose practice does not include the provision of clinical services to patients.
8 Physicians and Surgeons; Renewal of Licenses; Renewal. Amend RSA 329:16-a to read as follows:
329:16-a Renewal. Every person licensed to practice under this chapter, except as provided in RSA 329:16-c, shall apply [to the board on a biennial basis] for renewal of license in accordance with RSA 310:8 on forms provided by the [board] office of professional licensure and certification and shall pay a renewal fee as established by the [board] office. [If a person applies to the board for a renewal of license by June 30 of the year in which the licensee's renewal is set to occur, the person's license shall not expire until the board has taken final action upon the application for renewal.]
9 Physicians and Surgeons; Renewal of Licenses; Inactive Status. Amend RSA 329:16-c to read as follows:
329:16-c Inactive Status. A [person licensed by the board] licensee who does not intend to engage in such licensed profession in this state, upon written request to the [board] office of professional licensure and certification, may have one's name transferred to inactive status and shall not be required to renew such license or pay any renewal fee as long as the person remains inactive.
10 Physicians and Surgeons; Renewal of Licenses; License Notice Requirements. Amend RSA 329:16-f to read as follows:
329:16-f License Notice Requirements.
I. All licensees shall maintain their current business address on file with the [board] office of professional licensure and certification, or if licensees have no business address, licensees shall provide their current home address [shall be provided]. Any changes in the address, including the closing of an office shall be promptly provided to the [board] office or, in any event, no later than 30 days from the date of the change.
II. All licensees shall provide the [board] office with a copy of any notice of complaint, action for medical injury, or claim received from, or disciplinary action taken in a jurisdiction outside of this state within 30 days of receipt of such notice or action.
11 Physicians and Surgeons; Renewal of Licenses; Reinstatement. Amend RSA 329:16-h to read as follows:
329:16-h Reinstatement. Any person whose name has been placed on the inactive list may be restored to active status upon the filing of a written request for reinstatement of license, accompanied by the reinstatement fee as established by the [board] office of professional licensure and certification, proof of satisfaction of continuing medical education requirements established by RSA 329:16-g, and such other evidence of professional competence as the board may reasonably require.
12 Physicians and Surgeons; Disciplinary Proceedings; Denial or Revocation of License. Amend RSA 329:17-c to read as follows:
329:17-c Denial or Revocation of License. Upon receipt of an administratively final order from the licensing authority of another jurisdiction which imposes disciplinary sanctions against a licensee of the board, or a person applying for such license, the board may issue an order directing the licensee or applicant to appear and show cause why similar disciplinary sanctions or, in the case of an applicant, license denial or restriction, should not be imposed in the state. In any such proceeding, the decision of the foreign licensing authority may not be collaterally attacked, but the licensee or applicant shall be given the opportunity to demonstrate why a lesser sanction should be imposed. The board may issue any disciplinary sanction or take any action with regard to a license application pursuant to this section otherwise permitted by this chapter, or other applicable law, including sanctions or actions which are more stringent [then] than those imposed by the foreign jurisdiction. The [board] office of professional licensure and certification may adopt summary procedures for handling proceedings brought under this chapter, but shall furnish the respondent at least 10 days' written notice and a reasonable opportunity to be heard. The board may require a licensee to suspend practice in this state as a condition of postponing a hearing date established for allegations brought under this section.
13 Repeal. The following are repealed:
I. RSA 329:9, XXI, relative to rulemaking authority concerning a process for registering certain practitioners.
II. RSA 329:16-d, relative to notice of renewal.
III. RSA 329:16-e, relative to neglect to renew.
IV. RSA 329:29, relative to proceedings of the medical review subcommittee.
14 Effective Date. This act shall take effect 60 days after its passage.
2024-1671h
AMENDED ANALYSIS
This bill makes various changes regarding the licensing of and regulation of physicians, including transferring certain authority from the board of medicine to the office of professional licensure and certification.