Bill Text: NH HB586 | 2017 | Regular Session | Introduced


Bill Title: Relative to the regulation of certain professions by the office of professional licensure and certification.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-05-18 - House Concurs with Senate Amendment 1312s (Rep. McGuire): Motion Adopted Voice Vote 05/18/2017 [HB586 Detail]

Download: New_Hampshire-2017-HB586-Introduced.html

HB 586-FN - AS INTRODUCED

 

 

2017 SESSION

17-0364

10/09

 

HOUSE BILL 586-FN

 

AN ACT relative to the regulation of certain professions by the office of professional licensure and certification.

 

SPONSORS: Rep. P. Schmidt, Straf. 19; Rep. Patten, Merr. 17

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill makes various changes to the licensure and regulation of body art practitioners, electrologists,  massage therapists, and ophthalmic dispensers, including establishing a facility license for body piercing, branding, or tattooing facilities.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0364

10/09

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to the regulation of certain professions by the office of professional licensure and certification.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Office of Professional Licensure and Certification.  Amend the introductory paragraph of RSA 310-A:1-a, II to read as follows:

II.  The division of health professions shall consist of each of the boards, councils, [and] commissions, and practices of:

2  Body Art; Definitions; Executive Director; Facility  RSA 314-A:2, III is repealed and reenacted to read as follows:

III.  “Executive director” means the executive director of the office of professional licensure and certification.

III-a.  “Facility” means facility, shop, or other place kept open for the business of tattooing, branding, or body piercing.

3  Body Art; Licensure.  Amend RSA 314-A:2, II and III to read as follows:

II.  The fee for an initial license and a renewal license shall be $110.  The license shall be renewed biennially on [or before June 30] the last day of the licensee’s birth month in odd-numbered years upon payment of the $110 renewal fee.

III.  Licenses shall be issued to any person who:

(a)  Makes application on a form prescribed by the [commissioner] executive director;

(b)  Makes payment of fees required under RSA 314-A:6, III;

(c)  Has been practicing body piercing, branding, or tattooing in an establishment, under the supervision of a person practicing body piercing, branding, or tattooing in compliance with the applicable statutes and rules of the state for not less than 3 years.  Out-of-state applicants shall provide proof of at least 3 years experience as a licensed practitioner in another state; and

(d)  Has completed a course approved by the [department] executive director in methods and techniques for the proper sterilization of instruments and materials used in body piercing, branding, or tattooing.

4  New Section; Body Art; Facility Licensure.  Amend RSA 314-A:3 by inserting after section  the following new section:

314-A:3-a  Facility Licensure.  

I.  It shall be a misdemeanor for any person, as owner, manager, or agent, to open, establish, conduct, or maintain a facility for tattooing, branding, or piercing, without first having obtained a facility license from the office of professional licensure and certification.  Application for such facility license shall be made to the executive director in writing along with application fee and shall state the name and address of each owner of such facility and the facility physical address.  All licenses under this section shall be posted in a conspicuous place for the public to view within the facility.

II.  In the event of a change of location of any licensed facility and upon notice thereof, the executive director shall issue a transfer of licensure of such shop to its new location, provided such location meets the requirements of this section.

III.  The office of professional licensure and certification may issue a facility license to an owner of a facility who is not personally licensed to engage in tattooing, branding, or body piercing, provided that the facility shall fulfill all requirements set forth in the rules of adopted by the executive director and provided further that the owner has paid the required license fee and employs a licensed tattoo artist, body piercing, or branding practitioner as a manager in the facility. However, this section shall not authorize the owner to personally engage or practice tattooing, branding, or body piercing.

5  Body Art; Rulemaking.  Amend the introductory paragraph of RSA 314-A:6 to read as follows:

314-A:6  Rulemaking.  The [commissioner] executive director shall adopt rules, under RSA 541-A, relative to the practice of body piercing, branding, and tattooing and the licensure and operations of tattoo and body piercing [establishments] facilities. Such rules shall include:

6  Body Art; Prohibited Acts.  Amend RSA 314-A:7, II to read as follows:

II.  Fail to comply with any rule adopted pursuant to this chapter, order of the [commissioner] executive director, or any other provision of this chapter.

7  Body Art; License Revocation or Suspension.  Amend RSA 314-A:9 to read as follows:

314-A:9  License Revocation or Suspension.  After notice and hearing the [commissioner] executive director may revoke or suspend any license issued under this chapter if the licensee:

I.  Violates any provision of this chapter or rule or order adopted or issued under it[;].

II. Knowingly makes any false statement on any application or any report required by the [commissioner; or] executive director.

III.  Fails to respond to any lawful inquiry of the[commissioner] executive director.

IV.  Uses alcohol or other habit-forming drugs to a degree which renders the person unfit to practice under this chapter.

V.  Has a mental health condition which renders the person unfit to practice under this chapter.

VI.  Is under a suspension or revocation of a license, similar to one issued under this chapter, in another jurisdiction and not reinstated.

8  Body Art; Administrative Fines; Actions by the Executive Director.  Amend RSA 314-A:10 and 11 to read as follows:

314-A:10 Administrative Fines.  The [commissioner] executive director, after notice and hearing pursuant to rules adopted under RSA 541-A, may impose fines upon any person who violates any provision of this chapter or rules adopted pursuant to this chapter, in an amount not to exceed $2,000.  Rehearings and appeals from a decision of the [commissioner] executive director shall be in accordance with RSA 541.  Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative fines under this chapter.

314-A:11  Actions by [Department] the Executive Director.  The [department] executive director may, in accordance with applicable law, maintain an action in the name of the state against any person, partnership, association, or corporation for practicing body piercing, marking, branding, or tattooing or operating an establishment in which these activities are conducted within the meaning of this chapter without first obtaining a license.  In charging any defendant in a complaint in such action, it shall be sufficient to charge that such defendant did, upon a certain day and in a certain county, practice or operate an establishment without having a license to do so, without averring any further or more particular facts concerning the same.

9  New Sections; Inspector; Advisory Board.  Amend RSA 314-A by inserting after section 13 the following new sections:

314-A:14  Inspector.

I.  The department shall employ an inspector, classified at labor grade 22, and authorize the inspector to enter and make reasonable examination of any facility during business hours for the purpose of ascertaining whether or not the administrative rules and the provisions of this chapter are being adhered to.  The inspector shall file a report with the office of professional licensure and certification of findings with respect for each inspection conducted.

II.  The executive director shall adopt rules relative to the qualifications for the inspector under this section.

III.   Sanitation, disinfection, and sterilization inspections of a facility shall be made at least once per year and when needed to follow up on previous violations or written complaint.

314-A:15  Advisory Board of Body Art Practitioners.  The executive director shall establish the advisory board of body art practitioners.  The board shall consist of 3 body art practitioners who are licensees in the state of New Hampshire.  Each member shall be appointed to a term of 3 years.  No member shall serve more than 2 consecutive full terms.  Each member of the advisory board shall receive as compensation the sum of $45 for each day actually devoted to the work of the advisory board and shall be reimbursed for necessary traveling expenses incurred in the discharge of such duty.  The advisory board shall:

I.  Review the qualifications and requirements of applicants for licensure.

II.  Review the disinfection and sterilization requirements for licensees.

III.  Review the continuing education requirements for licensees.

IV.  Advise the executive director regarding the implementation of this chapter.

10  Electrologists; Rulemaking.  Amend RSA 314:8, XVIII to read as follows:

XVIII. Office inspections for [new] licensees.

11  Massage Therapists; Definition.  Amend RSA 328-B:2, I to read as follows:

I.  "Applicant'' means a person who has submitted to the [commissioner] executive director an application for a license pursuant to this chapter.

12  Massage Therapists; Prohibited Acts.  Amend RSA 328-B:3, III and IV to read as follows:

III.  Fail to comply with an order of the [commissioner] executive director issued pursuant to this chapter.

IV.  Fail to comply with a rule adopted by the [commissioner] executive director pursuant to this chapter.

13  Temporary License for Massage Therapists.  Amend RSA 328-B:5-a, I to read as follows:

I.  The [commissioner] executive director shall issue a temporary license to any person who has attended a massage therapy program in another state who does not currently meet the requirements for licensure, provided that he or she:

(a)  Is at least 21 years of age on the date of the application;

(b)  [Submits documentation of New Hampshire residency;

(c)]  Has met the requirements of RSA 328-B:6, I(a) and (c);

[(d)] (c)  Has completed a massage therapy program with a minimum of 500 educational hours; and

[(e)] (d)  Provides documentation of practicing as a massage therapist in another state for at least [3 of the preceding 5 years] one year.

14  Massage Therapists; Reciprocity; Renewal; Revocation.  Amend RSA 328-B:6 through RSA 328-B:8 to read as follows:

328-B:6  License Issuance; Reciprocity.

I.  The [commissioner] executive director shall issue a massage therapist's license to each qualified applicant who:

(a)  Submits the required application form and $110 licensing fee.

(b)  Is at least 18 years of age on the date of the application.

(c)  Has not been convicted in New Hampshire or in any other state of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime.

(d)  Submits written evidence of being in good mental and physical health.

II.  [Repealed.]

III.  Except for the requirements of subparagraphs I(b) and (c) of this section, the [commissioner] executive director may waive any requirements for licensure for any applicant for a massage therapist's license who, on the date of application hereunder, holds a valid license issued by any other state or country, but only if the other licensing body's requirements are substantially equivalent to or not less than the requirements under this chapter.

328-B:7  License Renewal.  All licenses issued pursuant to this chapter shall [be renewed biennially on or before June 30] expire on the last day of the birth month of the licensee in the even-numbered year, upon approval of the [commissioner] executive director of the renewal application and submission of the required $110 renewal fee.

328-B:8  License Revocation or Suspension.  After notice and opportunity for hearing, as provided for under RSA 541-A, the [commissioner] executive director may revoke or suspend any license issued pursuant to this chapter if the licensee:

I.  Violates this chapter or any rule or order adopted or issued under it;

II.  Knowingly makes any false statement regarding the application or license or in any report the [commissioner] executive director requires to be made;

III.  Fails to respond to any lawful inquiry of the [commissioner] executive director; or

IV.  Is convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime or a crime involving moral turpitude.

V.  [Repealed.]

15  Massage Therapists; Injunctive Relief.  Amend RSA 328-B:12 to read as follows:

328-B:12  Injunctive Relief.  The practice of massage by a person without a license issued under this chapter or whose license has been suspended or revoked, or has expired is declared to be a danger to the public health and welfare.  In addition to any other civil, criminal, or disciplinary remedy, the attorney general, the [commissioner] executive director, the prosecuting attorney of any county or municipality where the person is practicing or purporting to accordance with the laws of this state, maintain an action to enjoin that person from practicing massage until such person secures a valid license.  An injunction without bond is available to the [commissioner] executive director for enforcement of this chapter.

16  References Amended; Ophthalmic Dispensing; Executive Director.  Amend the following RSA provisions by replacing the word "commissioner" with "executive director":  327-A:3; 327-A:9, introductory paragraph; 327-A:9, V; 327-A:10; 327-A:11, I; 327-A:14.

17  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

17-0364

1/20/17

 

HB 586-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the regulation of certain professions by the office of professional licensure and certification.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

Indeterminable

Indeterminable

Indeterminable

Indeterminable

   Expenditures

$72,000

$76,000

$79,000

$83,000

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other

 

 

 

 

 

METHODOLOGY:

This bill makes changes to the licensure and regulation of body art practitioners, electrologists, massage therapists, and opthalmic dispensers and directs the Executive Director of the Office of Professional Licensure and Certification to establish an advisory board of body art practitioners.  The bill establishes a facility license for body piercing, branding, or tattooing facilities and imposes a misdemeanor for any person, as owner, manager, or agent, to open, establish, conduct, or maintain a facility for these services without first having obtained a facility license.  The bill also creates a full-time classified inspector position to regulate the profession.

 

The Office of Professional Licensure and Certification states the number of facilities subject to the new facility license and amount of the fee are indeterminable.  The Office estimates that the inspector position would be filled with an investigative paralegal, labor grade 22, step 1, with salary and benefits of $69,000 for FY 2018, $73,000 for FY 2019, $76,000 for FY 2020, and $80,000 for FY 2021.  The expenses for the new board are estimated for 3 board members x $45 per diem x 12 meetings per year = $1,620 plus $1,380 in mileage payments over 12 months for a combined total of $3,000 in total annual board expenses.

 

The Department of Health and Human Services states this bill would amend the Body Art and Opthalmic Dispensing  statutes to reflect the change in licensing responsibility brought about by Chapter 276, Laws of 2015, which established the Office of Professional Licensure and Certification.  The Department states there is no fiscal impact to the Department as result of this bill because the licensing responsibility was transferred by the prior law.

 

This bill contains a misdemeanor penalty that may have an impact on the New Hampshire judicial system.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures.  However, the Judicial Branch has indicated that the potential cost associated with a Class B misdemeanor case is $49 in FY 2018 and $50 in FY 2019, and the cost of an appeal varies.  Many offenses are prosecuted by local and county prosecutors.  When the Department of Justice has prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget.  If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.  

 

AGENCIES CONTACTED:

Department of Health and Human Services and the Office of Professional Licensure and Certification

 

 

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