SB 133-FN - AS INTRODUCED
2021 SESSION
21-0964
05/04
SENATE BILL 133-FN
AN ACT adopting omnibus legislation relative to occupational licensure.
SPONSORS: Sen. Carson, Dist 14
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill adopts legislation relative to:
I. Licensing places of assembly.
II. Establishing a limited plumbing specialist license.
III. Repealing the emergency medical services personnel licensure interstate compact.
IV. Hearings at the board of nursing.
V. Membership of the professional standards board.
VI. Adopting the Audiology and Speech-Language Pathology Compact and the Occupational
Therapy Licensure Compact.
VII. Licensure and regulation of music therapists.
VIII. The authority of the office of professional licensure and certification for administration,
rulemaking, and enforcement of investigations, hearings, and appeals.
IX. Skilled professional medical personnel.
X. Temporary licensure of certain licensed nursing assistants.
XI. The revocation of licensure for licensed emergency medical service units and emergency
medical service vehicles.
XII. Schools for barbering, cosmetology, and esthetics.
XIII. Telemedicine provided by out of state psychologists.
XIV. Sanitary production and distribution of food.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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 133-FN - AS INTRODUCED
21-0964
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT adopting omnibus legislation relative to occupational licensure.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 Sponsorship. This act consists of the following proposed legislation:
2 Part I: LSR 21-0964, relative to the definition of "licensing agency" for purposes of licensing
3 places of assembly, sponsored by Sen. Carson, Prime/Dist 14.
4 Part II: LSR 21-1009, establishing a limited plumbing specialist license, sponsored by Sen.
5 Giuda, Prime/Dist 2; Sen. Rosenwald, Dist 13, Sen. Prentiss, Dist 5; Rep. Alliegro, Graf. 7.
6 Part III: LSR 21-0506, repealing the emergency medical services personnel licensure interstate
7 compact, sponsored by Sen. Rosenwald, Prime/Dist 13, Sen. Cavanaugh, Dist 16; Sen. Carson, Dist
8 14; Rep. Goley, Hills. 8; Rep. Milz, Rock. 6; Rep. O'Brien, Hills. 36; Rep. S. Pearson, Rock. 6.
9 Part IV: LSR 21-0207, relative to hearings of the New Hampshire board of nursing, sponsored
10 by Sen. Ward, Prime/Dist 8.
11 Part V: LSR 21-0838, relative to membership of the professional standards board, sponsored by
12 Sen. Kahn, Prime/Dist 10; Sen. Prentiss, Dist 5.
13 Part VI: LSR 21-0846, adopting the Audiology and Speech-Language Pathology Compact and
14 the Occupational Therapy Licensure Compact, sponsored by Sen. Sherman, Prime/Dist 24; Sen.
15 Soucy, Dist 18; Sen. Carson, Dist 14; Rep. March, Carr. 8.
16 Part VII: LSR 21-0859, relative to the licensure and regulation of music therapists, sponsored by
17 Sen. Avard, Prime/Dist 12; Sen. Watters, Dist 4; Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen.
18 Kahn, Dist 10; Sen. Sherman, Dist 24; Sen. Prentiss, Dist 5; Sen. Perkins Kwoka, Dist 21; Rep.
19 McGhee, Hills. 27.
20 Part VIII: LSR 21-0899, relative to the authority of the office of professional licensure and
21 certification for administration, rulemaking, and enforcement of investigations, hearings, and
22 appeals, sponsored by Sen. Reagan, Prime/ Dist 17, Sen. Carson, Dist 14; Sen. French, Dist 7; Sen.
23 Kahn, Dist 10; Sen. Prentiss, Dist 5; Sen. Rosenwald, Dist 13; Sen. Bradley, Dist 3; Sen.
24 D'Allesandro, Dist 20; Sen. Ward, Dist 8; Sen. Soucy, Dist 18; Sen. Giuda, Dist 2; Rep. Spillane,
25 Rock. 2; Rep. McGuire, Merr. 29; Rep. Seaworth, Merr. 20.
26 Part IX: LSR 21-0928, relative to skilled professional medical personnel, sponsored by Sen.
27 Ward, Prime/Dist 8.
28 Part X: LSR 21-0973, relative to temporary licensure of certain licensed nursing assistants,
29 sponsored by Sen. Hennessey, Dist 1; Sen. Rosenwald, Dist 13; Rep. Dostie, Coos 1; Rep. Thompson,
30 Coos 1.
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1 Part XI: LSR 21-1011, relative to the revocation of licensure for licensed emergency medical
2 service units and emergency medical service vehicles, sponsored by Sen. Prentiss, Prime/Dist 5; Rep.
3 Merchant, Sull. 4; Rep. Goley, Hills. 8; Rep. McGuire, Merr. 29.
4 Part XII: LSR 21-1050, relative to schools for barbering, cosmetology, and esthetics, sponsored
5 by Sen. Reagan, Prime/Dist 17; Sen. Rosenwald, Dist 13; Sen. Prentiss, Dist 5; Sen. Carson, Dist 14;
6 Sen. Bradley, Dist 3; Sen. D'Allesandro, Dist 20; Sen. Gannon, Dist 23; Rep. McGuire, Merr. 29; Rep.
7 Roy, Rock. 32; Rep. Harrington, Straf. 3.
8 Part XIII: LSR 21-0277, relative to telemedicine provided by out of state psychologists,
9 sponsored by Sen. Reagan, Prime/Dist 17; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Prentiss,
10 Dist 5; Sen. French, Dist 7; Sen. Giuda, Dist 2; Sen. Hennessey, Dist 1; Sen. D'Allesandro, Dist 20;
11 Rep. Spillane, Rock. 2; Rep. Tudor, Rock. 1.
12 Part XIV: LSR 21-1049, establishing program rules within the department of health and human
13 services for sanitary production and distribution of food, sponsored by Sen. Giuda, Prime/Dist 2; Sen.
14 Gannon, Dist 23.
15 2 Legislation Enacted. The general court hereby enacts the following legislation:
16 PART I
17 Relative to the definition of "licensing agency" for purposes of licensing places of assembly.
18 1 Places of Assembly; Definition of Licensing Agency. Amend RSA 155:17, II to read as follows:
19 II. "Licensing agency" shall mean the chief of the fire department, the firewards or
20 engineers, if any, otherwise the selectmen of the town or the commissioners of village district as the
21 case may be, or the state fire marshal, as he or she deems necessary, in consultation with the
22 local licensing agency, if any.
23 2 Places of Assembly; License Required. Amend RSA 155:18 to read as follows:
24 155:18 License Required. No person shall own or operate a place of assembly within this state
25 unless licensed so to do by the licensing agency of the state, city, town, or village district where said
26 place of assembly is located, including assemblies occurring on state waters or ice formed on state
27 waters, in accordance with the regulations herein promulgated. In the application of this act to
28 existing places of assembly the licensing agency may modify such of its provisions as would require
29 structural changes if in his or her opinion adequate safety may be obtained otherwise and provided
30 that a permanent record is kept of such modifications and the reasons therefor.
31 3 Effective Date. Part I of this act shall take effect 60 days after its passage.
32 PART II
33 Establishing a limited plumbing specialist license.
34 1 New Paragraph; Mechanical Licensing Board; Definitions; Limited Plumbing Specialist.
35 Amend RSA 153:27 by inserting after paragraph XI the following new paragraph:
36 XI-a. "Limited plumbing specialist" means any person who is licensed to perform limited
37 plumbing services independently according to rules established by the board.
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1 2 Mechanical Licensing Board; Rulemaking. Amend the introductory paragraph of RSA 153:28,
2 I to read as follows:
3 I. Notwithstanding RSA 21-G:9, the board, with an affirmative vote of at least 4 of the
4 appointed board members, in consultation with the state fire marshal and [with the approval of the
5 commissioner of safety] the executive director of the office of professional licensure and
6 certification, shall adopt rules, pursuant to under RSA 541-A, necessary for the proper
7 implementation of the licensure requirements established in this subdivision, which shall include
8 the following:
9 3 Mechanical Licensing Board; Rulemaking; Limited Plumbing Specialist. Amend RSA 153:28,
10 I(a)(9) to read as follows:
11 (9) Limited plumbing specialist.
12 (10) Apprentice plumber.
13 4 Mechanical Licensing; Examinations; Licenses. Amend RSA 153:29, II(i) to read as follows:
14 (i) Limited plumbing specialist.
15 (j) Apprentice plumber.
16 5 Effective Date. Part II of this act shall take effect 180 days after its passage.
17 PART III
18 Repealing the emergency medical services personnel licensure interstate compact.
19 1 Repeal. The following are repealed:
20 I. RSA 153-A:36 and the subdivision heading preceding RSA 153-A:36, relative to the
21 emergency medical services personnel licensure interstate compact.
22 II. RSA 153-A:20, XXIV, relative to rulemaking by the department of safety regarding
23 implementation of the compact.
24 2 Effective Date. Part III of this act shall take effect 60 days after its passage.
25 PART IV
26 Relative to hearings of the New Hampshire board of nursing.
27 1 Board of Nursing; Adjudicative Hearings. Amend 326-B:38, VIII to read as follows:
28 VIII. The board may hold adjudicative hearings concerning allegations of misconduct or
29 other matters within the scope of this chapter. Such hearings shall be public proceedings. Any
30 member of the board [other than the public members], or any other qualified person appointed by the
31 board, shall have authority to preside at such a hearing and to issue oaths or affirmations to
32 witnesses.
33 2 Effective Date. Part IV of this act shall take effect upon its passage.
34 PART V
35 Relative to membership of the professional standards board.
36 1 State School Organization; Professional Standards Board. Amend RSA 186:60, I(c) to read as
37 follows:
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1 (c) 9 members, 3 representing higher education and 6 representing education
2 administration; and
3 2 Professional Standards Board. Amend RSA 186:60, III to read as follows:
4 III. The appointed members of the board shall serve for 3-year terms and may not serve for
5 more than 2 consecutive full terms.
6 3 Effective Date. Part V of this act shall take effect 60 days after its passage.
7 PART VI
8 Adopting the Audiology and Speech-Language Pathology Compact and the Occupational Therapy
9 Licensure Compact.
10 1 Chapter Heading Amended; Occupational Compacts. Amend the chapter heading of RSA 329-
11 D to read as follows:
12 [PSYCHOLOGY INTERJURISDICTIONAL COMPACT (PSYPACT)]
13 OCCUPATIONAL COMPACTS
14 2 New Sections; .Audiology and Speech-Language Pathology Compact; Occupational Therapy
15 Licensure Compact. Amend RSA 329-D by inserting after section 1 the following new sections:
16 329-D:2 Interstate Compact Adopted. The state of New Hampshire hereby adopts the provisions
17 of the Audiology and Speech-Language Pathology Compact as follows:
18 SECTION 1. PURPOSE
19 The purpose of this Compact is to facilitate interstate practice of audiology and speech-language
20 pathology with the goal of improving public access to audiology and speech-language pathology
21 services. The practice of audiology and speech-language pathology occurs in the state where the
22 patient/client/student is located at the time of the patient/client/student encounter. The Compact
23 preserves the regulatory authority of states to protect public health and safety through the current
24 system of state licensure.
25 This Compact is designed to achieve the following objectives:
26 1. Increase public access to audiology and speech-language pathology services by providing for
27 the mutual recognition of other member state licenses;
28 2. Enhance the states’ ability to protect the public’s health and safety;
29 3. Encourage the cooperation of member states in regulating multistate audiology and speech-
30 language pathology practice;
31 4. Support spouses of relocating active duty military personnel;
32 5. Enhance the exchange of licensure, investigative and disciplinary information between
33 member states;
34 6. Allow a remote state to hold a provider of services with a compact privilege in that state
35 accountable to that state’s practice standards; and
36 7. Allow for the use of telehealth technology to facilitate increased access to audiology and
37 speech-language pathology services.
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1 326-F:15 Interstate Compact Adopted. The state of New Hampshire hereby adopts the
2 provisions of the Audiology and Speech-Language Pathology Compact as follows:
3 SECTION 1: PURPOSE
4 The purpose of this Compact is to facilitate interstate practice of audiology and speech-language
5 pathology with the goal of improving public access to audiology and speech-language pathology
6 services. The practice of audiology and speech-language pathology occurs in the state where the
7 patient/client/student is located at the time of the patient/client/student encounter. The Compact
8 preserves the regulatory authority of states to protect public health and safety through the current
9 system of state licensure.
10 This Compact is designed to achieve the following objectives:
11 1. Increase public access to audiology and speech-language pathology services by providing for
12 the mutual recognition of other member state licenses;
13 2. Enhance the states’ ability to protect the public’s health and safety;
14 3. Encourage the cooperation of member states in regulating multistate audiology and speech-
15 language pathology practice;
16 4. Support spouses of relocating active duty military personnel;
17 5. Enhance the exchange of licensure, investigative and disciplinary information between
18 member states;
19 6. Allow a remote state to hold a provider of services with a compact privilege in that state
20 accountable to that state’s practice standards; and
21 7. Allow for the use of telehealth technology to facilitate increased access to audiology and
22 speech-language pathology services.
23 SECTION 2. DEFINITIONS
24 As used in this Compact, and except as otherwise provided, the following definitions shall apply:
25 A. “Active duty military” means full-time duty status in the active uniformed service of the
26 United States, including members of the National Guard and Reserve on active duty orders
27 pursuant to 10 U.S.C. Chapters 1209 and 1211.
28 B. “Adverse action” means any administrative, civil, equitable or criminal action permitted by a
29 state’s laws which is imposed by a licensing board or other authority against an audiologist or
30 speech-language pathologist, including actions against an individual’s license or privilege to practice
31 such as revocation, suspension, probation, monitoring of the licensee, or restriction on the licensee’s
32 practice.
33 C. “Alternative program” means a non-disciplinary monitoring process approved by an audiology
34 or speech-language pathology licensing board to address impaired practitioners.
35 D. “Audiologist” means an individual who is licensed by a state to practice audiology.
36 E. “Audiology” means the care and services provided by a licensed audiologist as set forth in the
37 member state’s statutes and rules.
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1 F. “Audiology and Speech-Language Pathology Compact Commission” or “Commission” means
2 the national administrative body whose membership consists of all states that have enacted the
3 Compact.
4 G. “Audiology and speech-language pathology licensing board,” “audiology licensing board,”
5 “speech-language pathology licensing board,” or “licensing board” means the agency of a state that is
6 responsible for the licensing and regulation of audiologists and/or speech-language pathologists.
7 H. “Compact privileg