Revision: March 26, 2026, 10:46 a.m.
Sen. Rochefort, Dist 1
March 20, 2026
2026-1240s
09/05
Floor Amendment to SB 470-FN
Amend the bill by replacing section 1 with the following:
1 New Section; Office of Professional Licensure and Certification; Expungement of Disciplinary Action. Amend RSA 310 by inserting after section 12 the following new section:
310:12-a Expungement of Disciplinary Action.
I. Any current or past licensee of a board or the office who has been subject to disciplinary action by the board for conduct not involving criminal acts, fraud, deceit, patient safety, public safety, or acts impacting the integrity of the profession may file a petition with the office to have it determine if the records from such action should be classified as confidential, not for public release, and considered expunged for reporting purposes if:
(a) The application is submitted more than 7 years after the subject disciplinary action occurred;
(b) The disciplinary action did not include post-adjudicative suspension or permanent revocation of license;
(c) The licensee has had no further disciplinary action against their license since the disciplinary action identified in the application occurred;
(d) The licensee has completed all requirements of the disciplinary action;
(e) The office has no pending investigations against the licensee; and
(f) The licensee's license is currently in good standing.
II. Petitions that involve disciplinary action that only included a reprimand, administrative fine, reasonable cost of investigation and prosecution, or a combination thereof shall be granted if they meet the requirements in paragraph I.
III. All other petitions may be granted if they meet the requirements in paragraph I and the petitioner also demonstrates that expungement will assist in the licensee's rehabilitation and is consistent with protecting the public welfare. In making this determination, the office shall consider the nature of the conduct that resulted in the disciplinary action; the nature of the disciplinary action; and the current circumstances of the petitioner, including but not limited to their rehabilitation, completion of the requirements of the disciplinary action, amount of time that has passed since completion of the disciplinary action, testimonials, employment history, and employment aspirations.
IV. Any licensee who has their petition denied by the office shall have the right to a hearing before the appropriate board or, if no such board exists, the office in accordance with RSA 310. Requests for a hearing shall be made in writing to the appropriate board within 30 days of receipt of the original final decision.
V. The executive director may adopt rules in accordance with RSA 541-A to implement this section.
2026-1240s
AMENDED ANALYSIS
This bill allows licensees subject to certain disciplinary matters that did not involve criminal acts, fraud, deceit, patient safety, public safety, or acts impacting the integrity of the profession, and that did not include suspension or permanent revocation of license, to petition to have the disciplinary records expunged.