Amendment 2025-0512s to SB185 (2025)

Relative to office of professional licensure and certification investigations.


Revision: Feb. 19, 2025, 4:41 p.m.

Senate Executive Departments and Administration

February 19, 2025

2025-0512s

09/08

 

 

Amendment to SB 185-FN

 

Amend the bill by replacing all after the enacting clause with the following:

 

1  Office of Professional Licensure and Certification; Complaints and Investigations.  Amend RSA 310:9, II through III to read as follows:

II. Upon receipt of an allegation of professional misconduct, within 30 days, the office shall determine whether the allegation states a claim of professional misconduct on its face.

(a) If the office determines that the allegation does not state a claim, it shall make a recommendation to the board at its next regularly scheduled meeting for dismissal. The board shall review the office's recommendation and dismiss the allegation if it agrees with the office's recommendation. Each board shall dismiss a complaint if the board concludes that the allegations do not state a claim of professional misconduct.

(b) If the office determines that the allegation does state a claim on its face, the office shall proceed under paragraph III.

III. Notwithstanding any other law to the contrary, the office shall investigate allegations of misconduct by licensees (a) upon its own initiative or (b) upon confirmation that a written complaint alleging misconduct of a licensed or unlicensed individual or entity of a profession regulated under the office should be investigated. The office shall have 90 days to complete the investigation and report to the board at its next regularly scheduled meeting.  If the investigation is incomplete, the board at its own discretion may either instruct the office to continue with its investigation or make a final determination on the claim within 60 days of receipt.

2  Effective Date.

I.  RSA 310:9, III as inserted by section 1 of this act shall take effect March 1, 2026.

II. The remainder of this act shall take effect 60 days after its passage.