CHAPTER 162
HB 85-FN - FINAL VERSION
6Feb2025... 0037h
05/15/2025 2180s
2025 SESSION
25-0114
09/06
HOUSE BILL 85-FN
AN ACT relative to temporary licensure for student respiratory therapists.
SPONSORS: Rep. C. McGuire, Merr. 27; Sen. Carson, Dist 14; Sen. Murphy, Dist 16
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill allows for the temporary licensure of student respiratory therapists and authorizes the office of professional licensure and certification, in consultation with the advisory board of respiratory care practitioners, to adopt rules governing this temporary licensure.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Feb2025... 0037h
05/15/2025 2180s 25-0114
09/06
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to temporary licensure for student respiratory therapists.
Be it Enacted by the Senate and House of Representatives in General Court convened:
162:1 New Paragraph; Respiratory Care Practice; Definitions. Amend RSA 326-E:1 by inserting after paragraph XII the following new paragraph:
XIII. "Respiratory care student" means a person who is enrolled in a respiratory care educational program.
162:2 New Paragraph; Respiratory Care Practice; Rulemaking. Amend RSA 326-E:2 by inserting after paragraph VI the following new paragraph:
VII. The temporary licensure and scope of practice of student respiratory therapists under RSA 326-E:3-a.
162:3 New Section; Respiratory Care Practice; Temporary Licensure for Student Respiratory Therapists. Amend RSA 326-E by inserting after section 3 the following new section:
326-E:3-a Temporary Licensure for Student Respiratory Therapists.
I. A student enrolled in a respiratory care educational program may apply for a temporary student license in accordance with rules adopted by the executive director, in consultation with the advisory board, pursuant to RSA 541-A. The student may only apply for licensure if he or she has fulfilled the didactic and clinical practicum educational requirements for his or her first full year. Such license shall only be valid for a maximum of 18 months from the date of issue or 6 months from the date of graduation, whichever is shorter.
II. The scope of practice of the student respiratory therapist is limited to those activities for which there is documented evidence of competency and only non-critical care procedures as defined by rule in consultation with and approval by the advisory board, pursuant to RSA 541-A.
III. A student who has obtained a temporary student license and who is employed in a healthcare setting may render respiratory care services only under the direct supervision of an on-site licensed respiratory care practitioner for a period of 2 months following the date of hire. After the 2 months of direct supervision have been completed, the student may render respiratory care services under the supervision of an on-site licensed physician, licensed respiratory care practitioner, advanced practice registered nurse, or physician assistant, as defined by rule in consultation with and approval by the advisory board, pursuant to RSA 541-A.
162:4 Respiratory Care Practice; Exemptions from Licensure. Amend RSA 326-E:6, I(a) to read as follows:
(a) A person matriculated in an education program approved by the board who is pursuing a degree in respiratory care or respiratory therapy from satisfying supervised clinical education requirements related to the person's respiratory care education while under direct supervision of a respiratory care practitioner or physician. Respiratory care services may be performed without a license by a student when these services are related to the clinical aspect of a student's course of study.
162:5 Respiratory Care Practice; Responsibilities of the Respiratory Care Practitioner. Amend RSA 326-E:8, III to read as follows:
III. Each licensee shall provide his or her employer with a copy of his or her license, conditional license, temporary student license, current renewal verification or proof of reinstatement of license. This copy shall be available for public review upon request. The employer shall maintain a list of all persons providing respiratory care at his or her facility for review by the executive director upon request.
162:6 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 15, 2025
Effective Date: September 13, 2025
| Date | Amendment |
|---|---|
| Jan. 29, 2025 | 2025-0037h |
| April 23, 2025 | 2025-1723s |
| May 15, 2025 | 2025-2180s |
| Date | Body | Type |
|---|---|---|
| Jan. 16, 2025 | House | Hearing |
| Jan. 16, 2025 | House | Exec Session |
| Jan. 22, 2025 | House | Floor Vote |
| March 26, 2025 | Senate | Hearing |
| May 1, 2025 | Senate | Floor Vote |
| May 1, 2025 | Senate | Floor Vote |
| May 1, 2025 | Senate | Floor Vote |
| May 15, 2025 | Senate | Floor Vote |
July 22, 2025: Signed by Governor Ayotte 07/15/2025; Chapter 162; eff. 09/13/2025 HJ 18
July 7, 2025: Enrolled (in recess of) 06/26/2025 HJ 18
July 3, 2025: Enrolled Adopted, VV, (In recess 06/26/2025); SJ 17
June 12, 2025: House Concurs with Senate Amendment 2025-2180s (Rep. C. McGuire): MA VV 06/12/2025 HJ 17 P. 9
May 15, 2025: Ought to Pass with Amendment #2025-2180s, MA, VV; OT3rdg; 05/15/2025; SJ 13
May 15, 2025: Sen. McGough Floor Amendment # 2025-2180s, AA, VV; 05/15/2025; SJ 13
May 15, 2025: Committee Amendment # 2025-1723s, AF, VV; 05/15/2025; SJ 13
May 1, 2025: Committee Report: Ought to Pass with Amendment # 2025-1723s, 05/15/2025, Vote 3-1; SJ 11
May 1, 2025: Special Order to 05/15/2025, Without Objection, MA; 05/01/2025 SJ 11
April 24, 2025: Committee Report: Ought to Pass with Amendment # 2025-1723s, 05/01/2025, Vote 3-1; SC 19
April 24, 2025: Committee Report: Ought to Pass with Amendment # 2025-1723s, 05/01/2025, Vote 3-1; SC 19
March 19, 2025: Hearing: 03/26/2025, Room 103, SH, 09:00 am; SC 14
March 12, 2025: Introduced 03/06/2025 and Referred to Executive Departments and Administration; SJ 7
Feb. 6, 2025: Ought to Pass with Amendment 2025-0037h: MA VV 02/06/2025 HJ 4 P. 4
Feb. 6, 2025: Amendment # 2025-0037h: AA VV 02/06/2025 HJ 4 P. 4
Jan. 29, 2025: Committee Report: Ought to Pass with Amendment # 2025-0037h 01/22/2025 (Vote 13-0; CC) HC 10 P. 3
Jan. 29, 2025: Executive Session: 01/16/2025 02:00 pm LOB 306-308
Jan. 8, 2025: Public Hearing: 01/16/2025 02:00 pm LOB 306-308
Dec. 23, 2024: Introduced 01/08/2025 and referred to Executive Departments and Administration HJ 2 P. 5