SB 58 - AS INTRODUCED
2021 SESSION
21-0935
10/04
SENATE BILL 58
AN ACT relative to the administration of occupational regulation by the office of
professional licensure and certification.
SPONSORS: Sen. Carson, Dist 14; Sen. Giuda, Dist 2
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill makes changes to the statutory provisions governing the regulatory boards and
commissions for technical professions and health professions in order to conform to oversight and
administration by the office of professional licensure and regulation.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
 SB 58 - AS INTRODUCED
21-0935
10/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to the administration of occupational regulation by the office of
professional licensure and certification.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Administration of the Office. Amend RSA 310-A:1-d to read as follows:
2 310-A:1-d Administration of the Office of Professional Licensure and Certification.
3 I. The office of professional licensure and certification shall operate under the supervision of
4 the executive director appointed under RSA 310-A:1-b. The office may employ such clerical or other
5 assistants as are necessary for the proper performance of its work, and may make expenditures for
6 any purpose which are reasonably necessary, according to the executive director, for the proper
7 performance of its duties under this chapter. The office may contract for the services of
8 investigators, hearing officers, legal counsel and experts as necessary.
9 II. The executive director of the office of professional licensure and certification shall be
10 responsible for:
11 (a) Supervision of the division directors;
12 (b) The performance of the administrative, clerical, and business processing
13 responsibilities of the boards, commissions, and councils;
14 (c) Employment of such personnel needed to carry out the functions of the boards;
15 (d) The issuance of a license or certification to any applicant who has met the
16 requirements for licensure or certification and denying a license or certification to applicants who do
17 not meet the minimum qualifications;
18 (e) Maintenance of the official record of all applicants and licensees in accordance
19 with the retention policy established by the office of professional licensure and
20 certification;
21 (f) Supervision, coordination, and assistance to the boards, commissions, and councils in
22 rulemaking, pursuant to RSA 541-A;
23 (g) Maintaining the confidentiality of information, documents, and files in accordance
24 with RSA 91-A;
25 (h) Establishing by rule, pursuant to RSA 541-A:
26 (1) All fees authorized by statute for all boards, commissions, [and] councils, and
27 programs within the office of professional licensure and certification, in consultation with the
28 affected boards, commissions, and councils on a biennial basis in conjunction with the preparation of
29 the biennial budget;[and]
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1 (2) Such organizational and procedural rules necessary to administer the boards,
2 commissions, [and] councils, and programs in the office of professional licensure and certification,
3 including rules governing the administration of complaints and investigations, payment processing
4 procedures, and application procedures;
5 (3) The rate of per diem compensation and reimbursable expenses for all
6 boards, commissions, councils, and programs within the office of professional licensure
7 and certification; and
8 (4) Rules governing the professionals’ health program as set forth in RSA
9 310-A:1-e; and
10 (i) Submitting, by November 1, to the speaker of the house of representatives, the
11 president of the senate, the chairpersons of the house and senate executive departments and
12 administration committees, and the governor, an annual report summarizing the transactions of the
13 preceding fiscal year and a complete statement of the receipts and expenditures of the office of
14 professional licensure and certification. Such report shall satisfy the requirements for any annual or
15 biennial report imposed by statute on any board, commission, or council administered by the office of
16 professional licensure and certification. The report shall be posted on the website of the office of
17 professional licensure and certification immediately upon submission.
18 2 Acupuncture; Quorum. Amend RSA 328-G:6 to read as follows:
19 328-G:6 Organization and Meetings. The board shall hold regular meetings at least semi-
20 annually and shall give notice to its members of the time and place for holding all regular and
21 special meetings. A quorum of the board shall consist of [not less than 3 members] a majority of
22 the members of the board who have been approved by the governor and council. The board
23 shall biennially elect a chairperson, a vice-chairperson, and a secretary from among its members.
24 3 Acupuncture; Rulemaking. Amend RSA 328-G:7, I-III to read as follows:
25 I. [Procedures and forms for application] Eligibility requirements for an acupuncture
26 license.
27 II. Scope of practice [and fees for applications].
28 III. [Procedures] Eligibility requirements for license renewal, including continuing
29 education requirements, testing, peer review, [or other appropriate procedures,] and methods to
30 ensure compliance with such requirements.
31 4 Acupuncture; Rulemaking. Amend RSA 328-G:7, XIV to read as follows:
32 XIV.(a) [Procedures and forms for application] Eligibility requirements for certification as
33 an acupuncture detoxification specialist.
34 (b) Renewal, revocation, or suspension of certification of an acupuncture detoxification
35 specialist.
36 [(c) Any fees required under subparagraphs (a) and (b).
37 (d) Maintaining a register of persons certified as acupuncture detoxification specialists.]
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1 5 Acupuncture; Powers of the Board. Amend RSA 328-G:11, I to read as follows:
2 I. The board shall:
3 (a) [Insure] Ensure that licensed acupuncturists serving the public meet minimum
4 standards of proficiency and competency to protect the health, safety, and welfare of the public.
5 (b) Administer and enforce all provisions of this chapter, which pertain to licensees and
6 applicants, and all rules adopted by the board under the authority granted in this chapter.
7 (c) Maintain an accurate account of all receipts, expenditures, and refunds granted
8 under this chapter through the office of licensure and certification and in accordance with the
9 retention policy established by the office of professional licensure and certification.
10 (d) Maintain a record of its acts and proceedings, including the issuance, refusal,
11 suspension, or revocation of licenses in accordance with the retention policy established by the
12 office of professional licensure and certification.
13 (e) [Maintain a roster of all acupuncturists licensed under this chapter which indicates:
14 (1) The name of the licensee.
15 (2) Current professional office address.
16 (3) The date of issuance and the number of the licensee's license.
17 (4) Whether the licensee is in good standing.
18 (f)] Keep all applications for licensure [as a permanent record] in accordance with the
19 retention policy established by the office of professional licensure and certification.
20 [(g)] (f) Maintain a [permanent] record of the results of all examinations it gives in
21 accordance with the retention policy established by the office of professional licensure and
22 certification.
23 [(h)] (g) Keep all examination records including written examination records and tape
24 recordings of the questions and answers in oral examinations in accordance with the retention
25 policy established by the office of professional licensure and certification.
26 [(i)] (h) Keep the records of the board open to public inspection at all reasonable times.
27 [(j)] (i) Adopt and use a seal, the imprint of which, together with the signatures of the
28 chairperson or vice-chairperson and the secretary-treasurer of the board, shall evidence its official
29 acts.
30 [(k) Annually compile and publish a directory.]
31 6 Acupuncture; Disciplinary Hearings; Rules. Amend RSA 328-G:12, III(b) to read as follows:
32 (b) Disciplinary action taken under this paragraph may be ordered by the board in a
33 decision made after a hearing in the manner provided by the rules adopted by the [board] office of
34 professional licensure and certification and reviewed in accordance with RSA 541.
35 7 Repeals; Acupuncture. The following are repealed:
36 I. RSA 328-G:5, relative to mileage for the board of acupuncture licensing.
37 II. RSA 328-G:7, IV and VII, relative to rulemaking on a register and hearings.
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1 8 Alcohol and Other Drug Use Professionals; Board; Quorum. Amend RSA 330-C:3, IX to read
2 as follows:
3 IX. The board shall elect a chairperson annually from among its membership. [Four
4 members] A majority of the members of the board who have been approved by the governor
5 and council shall constitute a quorum.
6 9 Alcohol and Other Drug Use Professionals; Board; Removal. Amend RSA 330-C:3, XIII to read
7 as follows:
8 XIII. The governor may remove any member from the board for neglect of any duty under
9 RSA 330-C:5 or for incompetence, or unprofessional or dishonorable conduct. Any person may file a
10 complaint against a board member or board members with the executive director of the office of
11 professional licensure and certification. Upon receipt of a complaint, the [commissioner] executive
12 director shall conduct an investigation and take any appropriate action and report his or her
13 findings to the complainant. The provisions of RSA 4:1 controlling the removal of public officials
14 from office shall be followed in dismissing board members.
15 10 Alcohol and Other Drug Use Professionals; Board; Duties. Amend RSA 330-C:5, VIII to read
16 as follows:
17 VIII. Maintain records of proceedings as required by the laws of New Hampshire and as set
18 forth by the retention policy established by the office of professional licensure and
19 certification.
20 11 Alcohol and Other Drug Use Professionals; Records. RSA 330-C:7 is repealed and reenacted
21 to read as follows:
22 330-C:7 Records. A true record of all of the board's official acts shall be made and preserved by
23 the board through the office of professional licensure and certification in accordance with the
24 retention policy established by the office. The records shall be public and shall be open to inspection
25 at all reasonable times, except for records compiled in connection with disciplinary investigations
26 and records otherwise exempt from disclosure under RSA 91-A or other applicable statutes.
27 12 Alcohol and Other Drug Use Professionals; Rulemaking. Amend RSA 330-C:9, I - V-b to read
28 as follows:
29 I. [Application procedures and] Eligibility requirements for the issuance of all initial and
30 renewal licenses issued by the board, including without limitation:
31 (a) The eligibility requirements for the issuance of LADC licenses to applicants
32 holding a currently valid license or other authorization to practice substance use counseling in
33 another jurisdiction;
34 (b) The eligibility requirements for the issuance of MLADC licenses to applicants
35 holding a currently valid license or other authorization to practice substance use counseling and co-
36 occurring disorder counseling in another jurisdiction;
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1 (c) The eligibility requirements for the issuance of such licenses to applicants holding
2 a current license issued by the board of nursing or the board of medicine; and
3 (d) The eligibility requirements for the issuance of a MLADC license under RSA 330-
4 C:16.
5 II. [Application procedures and] Eligibility requirements for the reinstatement of licenses
6 after lapse and after disciplinary action.
7 III. [Application procedures] Eligibility requirements, training requirements, and other
8 criteria for the issuance of certification, renewal of certification, and reinstatement of certification
9 for certified recovery support workers and certified recovery support worker supervisors.
10 IV. [The establishment of license and certificate application, late renewal, and
11 reinstatement fees required under this chapter.
12 V.] The process standards for approval of education programs for the continuing education
13 requirements of this chapter and providers of such programs, and the process for approval of
14 providers engaged in clinical supervision.
15 [V-a.] V. The process standards for approval of individuals engaged in clinical supervision.
16 [V-b] V-a. The requirements for clinical supervision and the documentation of clinical
17 supervision hours.
18 13 Alcohol and Other Drug Use Professionals; Applications. Amend RSA 330-C:15, I(a) to read
19 as follows:
20 (a) Submit a completed application and pay fees established by the [board] office of
21 professional licensure and certification;
22 14 Alcohol and Other Drug Use Professionals; Applicants From Other States. Amend RSA 330-
23 C:21, I-a to read as follows:
24 I-a. An applicant whose state licensure meets the requirements in paragraph I shall be
25 deemed able to practice in this state not more than 60 days after the application is received by the
26 board pending final approval or denial for other reason by the board. [The board shall adopt rules
27 under RSA 541-A to ensure the timely review and approval of applications under this section.]
28 15 Alcohol and Other Drug Use Professionals; Hearings. Amend RSA 330-C:29, I to read as
29 follows:
30 I. The board may hold adjudicative hearings concerning allegations of misconduct or other
31 matters within the scope of this chapter. Such hearings shall be public proceedings. Any member of
32 the board [other than the public members], or any other qualified person appointed by the board,
33 shall have authority to preside at such a hearing and to issue oaths or affirmations to witnesses.
34 16 Repeals; Alcohol and Other Drug Use Professionals. The following are repealed:
35 I. RSA 330-C:3, XI, relative to mileage for board members.
36 II. RSA 330-C:9, IX, relative to rules for the conduct of hearings.
37 III. RSA 330-C:28, II, relative to retaining experts for investigations or hearings.
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1 17 Allied Health Professionals; Legal Counsel. Amend RSA 328-F:3, II to read as follows:
2 II. The governing boards' chairpersons or their appointees shall make up the board of
3 directors of the office of licensed allied health professionals. [The board of directors shall contract for
4 the services of investigators and legal counsel retained through the office of professional licensure
5 and certification]. The board of directors shall have the authority to delegate to the person in the
6 supervisory position matters of administrative and personnel management.
7 18 Allied Health Professionals; Records. Amend RSA 328-F:9 to read as follows:
8 328-F:9 Records of the Boards. A true record of all of each board's official acts shall be made
9 and preserved in accordance with the retention policy established by the office of
10 professional licensure and certification. The records shall be public and shall be open to
11 inspection at all reasonable times, except for records compiled in connection w