Bill Text: NH HB1410 | 2024 | Regular Session | Amended
Bill Title: Relative to certain professional licenses and relative to the board of optometry and the regulation of optometry.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2024-05-30 - Lay HB1410 on Table (Rep. Nagel): Motion Adopted DV 192-170 05/30/2024 House Journal 15 P. 16 [HB1410 Detail]
Download: New_Hampshire-2024-HB1410-Amended.html
HB 1410-FN - AS AMENDED BY THE SENATE
15Feb2024... 0534h
05/15/2024 1849s
2024 SESSION
24-2690
09/05
HOUSE BILL 1410-FN
AN ACT relative to certain professional licenses.
SPONSORS: Rep. Osborne, Rock. 2; Rep. T. Lekas, Hills. 38
COMMITTEE: Executive Departments and Administration
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AMENDED ANALYSIS
This bill eliminates the board of registration of medical technicians and transfers authority over the registration of medical technicians to the office of professional licensure and certification. This bill further makes changes to the nurse practice act.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
15Feb2024... 0534h
05/15/2024 1849s 24-2690
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to certain professional licenses.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Nurse Practice Act; Board of Nursing. Amend RSA 326-B:3, II to read as follows:
II. Each APRN or RN member shall be a resident of this state, licensed in good standing under the provisions of this chapter, and currently engaged in the practice of nursing as an RN and shall have no fewer than 5 years of experience as an RN, at least 3 of which shall have immediately preceded appointment. RN members of the board shall represent the various areas of nursing practice including education, administration, and clinical practice.
2 Nurse Practice Act; Powers and Duties of the Board. Amend RSA 326-B:4 to read as follows:
326-B:4 Powers and Duties of the Board. The board may:
I. Establish reasonable and uniform standards for nursing practice consistent with the criteria identified by the National Council of State Boards of Nursing.
[II. Provide consultation regarding nursing practice for institutions and agencies.]
[III. Examine, license, and renew the licenses of duly qualified individuals.]
II. Establish eligibility criteria for licensure and renewal of licensure, including examination requirements and continuing education requirements. The board shall select an appropriate nationally approved licensing examination.
[IV. Gather and report to the public statistical information regarding, but not limited to, the education and licensure of registered and practical nurses.
V. [Repealed.]
VI. [Repealed.]]
[VII.] III. Determine and enforce appropriate disciplinary action against all individuals found guilty of violating this chapter or the rules adopted under this chapter.
[VIII.] IV. Deny or withdraw approval of nursing and nursing assistant educational programs that do not meet the minimum requirements of this chapter.
[IX. Maintain records of proceedings as required by the laws of New Hampshire.
X. Conduct conferences, forums, studies, and research on nursing practice and education.
XI. [Repealed.]
XII. [Repealed.]
XIII. Establish and collect fees, under rules adopted by the board under RSA 541-A, relative to applicants seeking any type of license issued by the board under this chapter, including fees for applications for temporary licenses, reinstatement of inactive licenses, licenses by examination, and renewal of licenses, as well as fees for verifying license status, program graduation, or computerized lists, and fees for site visits associated with nursing education programs under RSA 326-B:32.]
[XIV.] V. In accordance with state due process laws, limit the multistate licensure privilege of any registered nurse or licensed practical nurse to practice in New Hampshire and may take any other actions under applicable state laws necessary to protect the health and safety of New Hampshire citizens. If the board does take such action, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any such action taken by the state of New Hampshire.
[XV.] VI. Establish a liaison committee, a practice and education committee, and such additional subcommittees as may be appropriate to assist the board in the performance of its duties.
3 Nurse Practice Act; Rulemaking Authority. Amend RSA 326-B:9 to read as follows:
326-B:9 Rulemaking Authority. The board shall adopt rules, in accordance with RSA 541-A, relative to the following:
I. Eligibility requirements for the issuance of all initial, temporary, and renewal licenses, specialty licenses, and certificates issued [by the board] under this chapter, including the issuance of such licenses to applicants holding a currently valid license or other authorization to practice in another jurisdiction.
II. Eligibility requirements for the reinstatement of licenses after lapse and after disciplinary action.
III. Recognition of national certifying bodies issuing specialty certifications required for licensure as an APRN which shall also be recognized by the National Council of State Boards of Nursing.
IV. The standards to be met by, and the process for approval of, education programs designed to prepare applicants to qualify for licensure or certification in any of the disciplines regulated by the board under RSA 326-B:32, including the time period within which noncompliance must be corrected before such approval is withdrawn.
V. The standards to be met by, and the process for approval of, education programs designed to prepare LPNs in intravenous therapy and by programs designed to prepare LNAs to perform tasks not addressed in the basic curriculum required for licensure.
VI. The determination of disciplinary sanctions authorized by this chapter, including the determination of administrative fines.
VII. The administration of examinations authorized by this chapter, and the manner in which information regarding the contents of any licensing examinations may be disclosed, solicited, or compiled.
VIII. Ethical standards for the practice of nursing and nursing-related activities.
IX. Continuing competence requirements.
X. Designations that may be used by persons regulated by the board and retired persons regulated by the board.
XI. The implementation and coordination of the nurse licensure compact adopted in RSA 326-B:46. The board shall use model rules developed for the nurse licensure compact by the National Council of State Boards of Nursing as the basis for adopting rules which shall be modified as necessary to comply with state statutes.
XII. Prescribing controlled drugs pursuant to RSA 318-B:41.
XIII. A process for registering practitioners who have been granted a special registration to prescribe controlled substances via telemedicine pursuant to 21 U.S.C. section 831(h).
XIV. The implementation of strategies and procedures necessary to increase the acceptance of military training and experience towards licensure for military veterans seeking to be licensed as a nurse. For the purposes of this subparagraph, "veterans" means veterans as defined in 38 U.S.C. section 101(2).
XV. Implementation of the nursing assistant registry pursuant to 42 C.F.R. section 483.156, including placement of qualified individuals on the nursing assistant registry.
XVI. The requirements for approval of a nurse aide training and competency evaluation program pursuant to 42 C.F.R. sections 483.151-152 and nurse aide competency evaluations pursuant to 42 C.F.R. section 483.154.
4 Nurse Practice Act; Criminal History Record Checks. Amend RSA 326-B:15, I to read as follows:
I. Every applicant for initial licensure shall submit to the [board] office a criminal history record release form, as provided by the New Hampshire division of state police, department of safety, which authorizes the release of his or her criminal history record, if any, to the [board] office.
5 Nurse Practice Act; Licensure; All Applicants. Amend RSA 326-B:16, I to read as follows:
I. Submit a completed application and fees [as established by the board].
6 Nurse Practice Act; Modified License; Registered Nurse or Licensed Practical Nurse. Amend RSA 326-B:25 to read as follows:
326-B:25 Modified License; Registered Nurse or Licensed Practical Nurse. The [board] office may issue a modified license to an individual who has met licensure requirements and who is able to practice without compromising public safety within a modified scope of practice or with accommodations or both as specified by the board.
7 Nurse Practice Act; Certificate of Medication Administration for Licensed Nursing Assistants. Amend RSA 326-B:27, I to read as follows:
I. The [board] office may issue a certificate of medication administration to a current LNA who:
(a) Has participated in and completed a board-approved medication administration education program;
(b) Has passed an examination approved by the board; and
(c) Has paid the certification fee.
8 Registration of Medical Technicians. Amend the chapter name of RSA 328-I to read as follows:
[BOARD OF] REGISTRATION OF MEDICAL TECHNICIANS
9 Registration of Medical Technicians, Definitions. Amend RSA 328-I:1, I to read as follows:
I. ["Board" means the board of registration of medical technicians.] “Executive Director” means the executive director of the office of professional licensure and certification.
10 Registration of Medical Technicians; Powers and Duties of the Executive Director. RSA 328-I:3 is repealed and reenacted to read as follows:
328-I:3 Powers and Duties of the Executive Director.
The powers and duties of the executive director under this chapter shall include:
I. Accepting applications for registration pursuant to RSA 310:4.
II. Conducting disciplinary proceedings in accordance with RSA 310:10.
III. Adopting rules pursuant to RSA 328-I:4.
IV. Other duties necessary to carry out the purposes of this chapter in accordance with RSA 310.
11 Registration of Medical Technicians; Rulemaking. RSA 328-I:4 is repealed and reenacted to read as follows:
328-I:4 Rulemaking.
The executive director shall adopt rules, pursuant to RSA 541-A, relative to:
I. Registration eligibility requirements for initial, renewal, and reinstatement of registration.
II. Adopting such rules as are necessary to carry out the purposes of this chapter in accordance with RSA 310:6.
III. Procedures for sharing information with other in-state boards, the office inspector general, department of health and human services, out-of-state boards, and law enforcement entities.
12 Registration of Medical Technicians; Registration of Medical Technicians Required. Amend RSA 328-I:5, III-V to read as follows:
III. The [board] executive director, after hearing and upon making an affirmative finding under paragraph II, that the person is engaged in unlawful practice, may take action in any one or more of the following ways:
(a) A cease and desist order in accordance with paragraph IV.
(b) The imposition of an administrative fine not to exceed $50,000.
(c) The imposition of an administrative fine for continuation of unlawful practice in the amount of $1,000 for each day the activity continues after notice from the [board] executive director that the activity shall cease.
(d) The denial or conditional denial of a license application, application for renewal, or application for reinstatement.
(e) The imposition of other sanctions permitted by RSA 310:12.
IV. The [board] executive director is authorized to issue a cease and desist order against any person or entity engaged in unlawful practice. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the [board] executive director, or the prosecuting attorney of any county or municipality where the act of unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to the [board] executive director.
13 Registration of Medical Technicians; Initial Registration; Application, Fees. Amend RSA 328-I:6 to read as follows:
328-I:6 Initial Registration; Application, Fees.
I. The [board] executive director may register any person who submits a completed application and pays the established fee.
II. Completed applications shall include:
(a) Payment of the non-refundable registration fee;
(b) Reports of any pending criminal charges, criminal convictions, plea agreements in lieu of convictions, or complaints made to or dispositions made by licensing, certification, or registration boards, or other appropriate licensing authorities.
(c) A complete set of fingerprints and a criminal history record release form pursuant to RSA 328-I:7.
(d) The applicant's work history over the last 10 years.
III. All applications shall include at a minimum, the applicant's name, social security number, place and date of birth, place of employment in New Hampshire and the home address and shall be duly signed and verified. Applications shall be available for public inspection.
IV. Upon approval of the application [by the board], the applicant shall be registered as a medical technician for 2 years in accordance with RSA 310:8. [Such registration shall take effect within 90 days after the filing of such completed application.]
V. Any medical technician who changes his or her name, place or status of employment in New Hampshire, or residence shall notify the [board] executive director in writing within 30 days. For failure to report such a change within 30 days of such event, the [board] executive director may suspend the medical technician's registration.
VI. Once an application has been approved [by the board], a temporary registration may be issued, pending receipt of the criminal records check and fingerprint information.
14 Registration of Medical Technicians; Criminal History Record Checks. Amend RSA 328-I:7 to read as follows:
328-I:7 Criminal History Record Checks.
I. Every applicant for initial registration or reinstatement shall submit [to the board] 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] executive director.
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] executive director 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] executive director 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] executive director.
IV. The [board] executive director shall review the criminal record information prior to making a registration decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.
15 Registration of Medical Technicians; Renewal of Registration. Amend RSA 328-I:8 to read as follows:
328-I:8 Renewal of Registration. Certificates of registration issued under this chapter shall be subject to renewal every 2 years in accordance with RSA 310:8 and shall expire unless renewed in the manner prescribed by the [board] executive director. Certificates of registration for medical technician shall be renewed upon the payment of the renewal fee.
16 Registration of Medical Technicians; Refusal to Issue or Renew Certificate. Amend RSA 328-I:9 to read as follows:
328-I:9 Refusal to Issue or Renew Certificate[; Return of Certificate].
[I.] The [board] executive director may deny the application for registration or refuse to issue a renewal thereof if it is determined after hearing that such applicant or registrant:
[(a)] I. Has made a material false statement or concealed or omitted a material fact in connection with his or her application for registration;
[(b)] II. Had a registration issued under this chapter suspended previously;
[(c)] III. Has been convicted of a felony under the laws of the United States or any state or any offense involving moral turpitude;
[(d)] IV. Has willfully or repeatedly failed to comply with any other provision of this chapter or any rules adopted by the [board] executive director; or
[(e)] V. Is a habitual user of drugs or intoxicants.
[II. Upon the suspension or revocation of a certificate of registration by the board and the issuance of a notice thereof, the registrant shall within 5 days, not including Sundays and holidays, deliver to the board the certificate of registration. If surrendered by mail, the certificate of registration shall be sent by registered or certified mail, postmarked no later than 3 days, not including Sundays and holidays, following notice of suspension or revocation. Failure to return a certificate of registration which has been revoked or suspended hereunder within the prescribed time shall constitute a misdemeanor.]
17 Registration of Medical Technicians; Disciplinary Action; Remedial Proceedings. RSA 328-I:10 is repealed and reenacted to read as follows:
328-I:10 Disciplinary Action; Remedial Proceedings.
I. The executive director is authorized to undertake investigations and disciplinary proceedings upon:
(a) The executive director’s initiative.
(b) A written complaint made by any person complaining that a registrant has committed an act of misconduct and specifying the nature of the misconduct.
(c) A written complaint made by any person that a person is engaged in unauthorized practice.
(d) Notification by a licensing or certifying agency of this state that a registrant has been disciplined by that agency.
(e) Notification by the regulatory authority of another domestic or foreign jurisdiction that a registrant has been disciplined in that jurisdiction.
(f) A report made pursuant to the obligation to report imposed by this chapter.
II. Every facility administrator, or designee, for any licensed hospital, health clinic, ambulatory surgical center, or other health care facility within the state shall report to the executive director any disciplinary or action related to disruptive conduct, professional incompetence, or violation of an organizational rule or procedure involving controlled substances, or any adverse action which results in the termination of an employment relationship, within 30 days after such action is taken, including situations in which allegations of misconduct are settled by voluntary resignation without adverse action, against a person registered as a medical technician. Disciplinary or adverse action shall include the requirement that a registrant undergo counseling or be subject to any policy with regard to disruptive behavior.
III. The executive director, after hearing, may take disciplinary action against any person registered by the executive director upon finding that the person:
(a) Has knowingly provided false information during any application for registration or employment, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application.
(b) Is a habitual user of drugs or intoxicants.
(c) Has engaged in dishonest or unprofessional conduct, or has negligently or intentionally injured a patient while practicing as a medical technician or performing such ancillary activities.
(d) Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the executive director.
(e) Has been convicted of a felony under the laws of the United States or any state.
IV. The executive director may take non-disciplinary remedial action against any person registered by the executive director upon finding that the person is afflicted with a physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Upon making an affirmative finding, the executive director, may take non-disciplinary remedial action:
(a) By suspension, limitation, or restriction of a registration for a period of time as determined reasonable by the executive director.
(b) By revocation of registration.
(c) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the executive director.
(d) By requiring the person to practice under the direction of a physician in a public institution, public or private health care program, or private practice for a period of time specified by the executive director.
(e) By imposition of any sanction permitted pursuant to RSA 310:12.
18 Registration of Medical Technicians; Telemedicine. Amend RSA 328-I:16 to read as follows:
328-I:16 Telemedicine. Medical technicians registered by the [board] executive director shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
19 Residential Care and Health Facility Licensing; Verification of Medical Technician Registration. Amend RSA 151:3-d to read as follows:
151:3-d Verification of Medical Technician Registration. Every facility administrator, or designee, for any health care facility licensed under this chapter shall verify with the executive director of the office of professional licensure and certification [board of registration of medical technicians established under RSA 328-I:2,] prior to employing a medical technician, as defined in RSA 328-I:1, VI, that such medical technician is registered [with the board].
20 Office of Professional Licensure and Certification; Definitions; Establishment. Amend RSA 310:2, II(jj) to read as follows:
(jj) [Board of] Registration of medical technicians under RSA 328-I.
21 Repeal. The following are repealed:
I. RSA 326-B:3, IX-XI, relative to the board of nursing.
II. RSA 326-B:6, relative to collection and expenditure of funds.
III. RSA 326-B:8, relative to fees and charges.
IV. RSA 326-B:21, relative to licensure by endorsement for licensed nursing assistants.
V. RSA 326-B:22, relative to license renewal.
VI. RSA 326-B:23, relative to license reinstatement.
VII. RSA 328-I:2, relative to the board of registration of medical technicians.
22 Effective Date. This act shall take effect 60 days after its passage.
24-2690
Amended 2/29/24
HB 1410-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2024-0534h)
AN ACT relative to certain professional licenses.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | ($23,825) to $0 Depending on when the bill is passed | ($95,300) | ($71,475) | Indeterminable decrease to $0 | ||
Revenue Fund(s) | Office of Professional Licensure and Certification Fund | |||||
Expenditures | $0 | $0 | $0 | $0 | ||
Funding Source(s) | Office of Professional Licensure and Certification Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None | |||||
• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] N/A | ||||||
METHODOLOGY:
This bill repeals the chapter on the board of registration of medical technicians. Additionally, it amends certain provision of the nurse practice act under RSA 326-B to reflect the intent of RSA 310 as well as redefines licensing and fees within the act.
The Office of Professional Licensure and Certification (OPLC) currently has 1,733 licensed medical technicians, with a license fee of $110, estimating the total revenue to be $95,300. To calculate the fiscal impact of eliminating the licensing of the medical technicians, the OPLC assumed a consistent biennial renewal rate with no new initial licensing fees generated. In FY 2024 the OPLC assumed a 25% impact on licenses to account for the partial year remaining after passage equaling a loss of $23,825 in licensing fees, FY 2025 was assumed at 100% for a loss of $95,300 in licensing fees, and FY 2026 was assumed to be an impact of 75% for a loss of $71,475 in licensing fees. Eliminating the license and board would minimally impact overhead costs, as the Office already supports other boards administratively. While administering fewer boards yields savings, a shared board administrator serving multiple boards ensures no staff reduction.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification
