Bill Text: NH HJR4 | 2011 | Regular Session | Introduced
Bill Title: Prohibiting the implementation of certain rules of the board of medicine.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Engrossed - Dead) 2011-05-25 - Senate Sen. De Blois Moved Laid on Table, Motion Adopted, Voice Vote; Senate Journal 18, Pg.384 [HJR4 Detail]
Download: New_Hampshire-2011-HJR4-Introduced.html
HJR 4 – AS INTRODUCED
2011 SESSION
10/01
HOUSE JOINT RESOLUTION 4
A RESOLUTION prohibiting the implementation of certain rules of the board of medicine.
SPONSORS: Rep. B. Patten, Carr 4; Rep. Manuse, Rock 5; Rep. C. McGuire, Merr 8; Sen. Merrill, Dist 21; Sen. Groen, Dist 6
COMMITTEE: Executive Departments and Administration
This joint resolution prohibits the implementation of rules of the board of medicine contained in Final Proposal 2010-70.
11-1088
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
A RESOLUTION prohibiting the implementation of certain rules of the board of medicine.
Be it Enacted by the Senate and House of Representatives in General Court convened:
Whereas, the New Hampshire board of medicine proposed rules relating to definitions, practice and procedure, licensure of physicians and physician assistants, ethics and other matters in Final Proposal 2010-70 containing rules Med 100-600; and
Whereas, on February 18, 2011, the joint legislative committee on administrative rules (committee) voted to enter a revised objection to the Final Proposal 2010-70; and
Whereas, on March 18, 2011, the committee voted to enter a final objection to Final Proposal 2010-70 as amended by the revised objection response of the board of medicine; and
Whereas, the committee objected that Med 412.03(d) and Med 413.02(f) are, pursuant to committee rules 402.02(b)(2) and 403.01(d), contrary to legislative intent by leading to oral rulemaking in violation of RSA 541-A:22, I and contrary to the public interest by being unclear. In the view of the committee, the rules do not adequately specify the criteria under which the board of medicine shall take certain actions; and
Whereas, proposed rules Med 412.03(d) and Med 413.02(f) address the exemption of allegations by the board’s hearing counsel from the public disclosure provisions under RSA 91-A in the cases, respectively, of voluntary surrender of a license or of a settlement agreement. In the Final Proposal, both rules had contained the sentence that: “The board may disclose such information to law enforcement or health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders”; and
Whereas, the committee noted that the rules had paraphrased similar language in RSA 329:18, I where the general court thereby had granted authority to the board to decide whether and under what criteria to disclose such information. The committee had made a revised objection that the use of the word “may” was improper for a rule on agency discretionary decisions and left it unclear under what circumstances the information shall be disclosed; and
Whereas, in response to the revised objection the board removed the sentence from both rules on the basis that the rule repeated the statute. With the deletion of this language, however, the committee determined that the underlying problem was not addressed. In the view of the committee, Med 412.03(d) and Med 413.02(f) remain unclear under what criteria the board shall continue to disclose information to law enforcement or other agencies. In the view of the committee, this could result in oral rulemaking, in violation of RSA 541-A:22, I, relative to such criteria, since RSA 329:18, I by itself was not specific; and
Whereas, on March 18, 2011 the introduction of a joint resolution was entered; now, therefore, be it
Resolved by the Senate and House of Representatives in General Court convened:
That the general court of the state of New Hampshire hereby prohibits the board of medicine from adopting proposed rules Med 412.03(d) and Med 413.02(f) as contained in Final Proposal 2010-70; and
That the general court shall clarify by legislation the criteria of the board of medicine for record retention and disclosure of confidential information; and
That the board of medicine shall not disclose confidential information until RSA 329:18 is amended by legislation adopted by the general court.
