Bill Text: NH SB334 | 2018 | Regular Session | Amended
Bill Title: Relative to temporary licensure of allied health professionals from nearby states, and reciprocal and temporary licensure for occupations and professions for persons from other states.
Spectrum: Bipartisan Bill
Status: (Passed) 2018-06-26 - II. Remainder Effective 08/20/2018 [SB334 Detail]
Download: New_Hampshire-2018-SB334-Amended.html
SB 334-FN - AS AMENDED BY THE HOUSE
01/18/2018 0094s
02/22/2018 0610s
2May2018... 1607h
2018 SESSION
18-2809
10/05
SENATE BILL 334-FN
SPONSORS: Sen. Kahn, Dist 10; Sen. Bradley, Dist 3; Sen. Hennessey, Dist 5; Rep. Hansen, Hills. 22; Rep. LeBrun, Hills. 32; Rep. Weber, Ches. 1; Rep. Campion, Graf. 12
COMMITTEE: Health and Human Services
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AMENDED ANALYSIS
This bill allows persons licensed for certain allied health professions in Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont to be granted a temporary license to practice in this state while applying for regular licensure. The bill also requires boards and commissions of regulated occupations and professions to allow for reciprocal and temporary licensure for an applicant for full licensure for 120 days while awaiting a determination for such licensure.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01/18/2018 0094s
02/22/2018 0610s
2May2018... 1607h 18-2809
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Allied Health Professionals; Rulemaking; Board of Directors; Temporary Licenses. Amend RSA 328-F:13 by inserting after paragraph IV the following new paragraph:
V. Procedures, forms, and fees for temporary licensure pursuant to RSA 328-F:18, VI.
2 New Paragraph; Allied Health Professionals; Temporary Licenses. Amend RSA 328-F:18 by inserting after paragraph V the following new paragraph:
VI. Occupational therapists, occupational therapist assistants, recreational therapists, speech pathologists, respiratory care practitioners, physical therapists, and physical therapist assistants from the states of Connecticut, Rhode Island, Massachusetts, Maine, New York, and Vermont, who are currently licensed, shall be eligible for temporary licensure for 120 days while the person makes application for licensure to the respective governing board under this chapter. An applicant for temporary licensure to practice, who is currently licensed or certified in Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont, shall:
(a) Hold an active unencumbered license; and
(b) Have committed no acts or omissions which are grounds for disciplinary action in another jurisdiction, or, if such acts have been committed, would be grounds for disciplinary action.
3 New Section; Occupations and Professions; General Provisions; Reciprocal and Temporary Licenses. Amend RSA 332-G by inserting after section 12 the following new section:
332-G:13 Reciprocal and Temporary Licenses.
I. Any board or commission regulating an occupation or profession which is a member of an interstate licensure compact, or which has, in statute or by administrative rules, a procedure for reciprocity or temporary licensure for individuals from other states, need not comply with this section for any license or certificate issued by the board or commission.
II. Any board or commission may determine that another state’s licensure is not comparable to New Hampshire’s in education, training, experience, or scope of practice, and if so shall publish this determination on its website. An individual from such other state possessing such a license shall not be granted temporary or reciprocal licensure under this section.
III. A person applying for a temporary license shall present to the office of professional licensure and certification:
(a) A current equivalent license from another jurisdiction in the United States.
(b) A statement of good standing from the licensing authority.
(c) Authorization for a criminal history records check, if required.
(d) A completed application.
(e) A certification that the person has committed no acts or omissions which are grounds for disciplinary action in another jurisdiction, or, if such acts have been committed, would be grounds for disciplinary action.
(f) Other information specifically required by the board.
(g) Payment of a fee, not to exceed $100.
IV. After verifying the completeness of the application and information under paragraph III, the office of professional licensure and certification shall issue a temporary license valid for 120 days. No more than one temporary license shall be issued to any individual.
V. The board or commission shall review the application and information, prior to the expiration date of the temporary license. The board or commission shall issue a full-term New Hampshire license upon payment by the temporary license holder of the applicable license fee, unless the board or commission determines that the information shows that the individual does not qualify for such license. If the disqualification is due to state requirements that are not comparable, this determination shall be published as provided in paragraph II. Upon a determination of disqualification, the board or commission shall identify the disqualification in writing, which shall invalidate the temporary license.
I. Section 3 of this act shall take effect January 1, 2019.
II. The remainder of this act shall take effect 60 days after its passage.
18-2809
Amended 3/7/18
SB 334-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2018-0610s)
AN ACT relative to temporary licenses for occupations and professions for persons from other states.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill would require those regulatory boards served by the Office of Professional Licensure and Certification (OPLC) that do not have a temporary licensing process in place either by statute or administrative rule to adopt rules as necessary to allow a temporary license or permit to be issued to a person who is currently licensed in any state of the United States or the District of Columbia for 120 days while the person has a pending application. The OPLC indicates this will be a time-intensive process to provide a temporary license for over 50 professions currently licensed by OPLC that do not currently have a temporary licensing process. This could create a significant workload increase for the existing OPLC licensing clerks affected by the change. The increase in licensing workload may create a need for additional staff but the number of extra staff needed is indeterminable. An unknown number of out-of-state applicants may apply for a license due to this legislation, therefore the extra revenue from existing license fees is indeterminable.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification
