SB 155-FN - AS INTRODUCED
2021 SESSION
21-1080
05/10
SENATE BILL 155-FN
AN ACT codifying provisions included in select emergency orders issued by the governor in
response to the COVID-19 pandemic.
SPONSORS: Sen. Bradley, Dist 3
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill:
I. Establishes the position of temporary health partner.
II. Authorizes emergency licensing of medical providers.
III. Authorizes COVID-19 testing and vaccination by pharmacists and pharmacy technicians.
IV. Authorizes temporary emergency remote or hybrid learning in schools.
V. Provides reimbursement to private bus school bus owners delivering free and reduced price
lunch services to students learning remotely.
VI. Authorizes school bus operators to use warning signals when delivering food, supplies, and
other materials to students learning remotely.
VII. Establishes a remote learning verification program in the department of health and human
services.
VIII. Temporarily expands eligibility for one-year teaching certificates.
IX. Addresses insurance coverage for medical services provided at alternative care sites.
X. Waives signature requirements for receipt of certain prescriptions.
XI. Permits out-of-state pharmacies providing investigational drugs to clinical trial participants
in New Hampshire to be temporarily licensed as mail-order pharmacies.
XII. Allows the commissioner of the department of health and human services to add additional
members to the ethics committee under RSA 141-C.
XIII. Protects the pre-existing, non-conforming use status of summer camps that were unable to
operate during the summer of 2020 due to COVID-19.
XIV. Authorizes the director of the division of motor vehicles to minimize in-person contact
within the division.
XV. Allows driver education programs to provide classroom instruction remotely.
 SB 155-FN - AS INTRODUCED
XVI. Temporarily suspends the physical presence and location requirements for a public
meeting under RSA 91-A.
XVII. Suspends certain signature requirements by the department of health and human
services.
XVIII. Suspends the collection of premiums for participation in the MEAD program.
XIX. Allows for the acceptance and use of electronic records by local governing bodies.
XX. Waives certain hearing requirements for municipalities that postponed town meetings or
elections.
XXI. Establishes procedures to allow construction to continue during the pandemic.
XXII. Establishes temporary procedures for the swearing in of local officers and officials.
XXIII. Allows municipalities to adopt social distancing policies and practices.
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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 155-FN - AS INTRODUCED
21-1080
05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT codifying provisions included in select emergency orders issued by the governor in
response to the COVID-19 pandemic.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 1 New Section; Nurse Practice Act; Temporary Health Partner. Amend RSA 326-B by inserting
2 after section 14 the following new section:
3 326-B:14-a Temporary Health Partner.
4 I. To address staffing shortages at long-term care facilities and meet the needs of some of
5 New Hampshire's most vulnerable populations, the position of temporary health partner (THP) is
6 hereby authorized to work in a skilled nursing facility, notwithstanding any provision of RSA 326-
7 B:14, provided that:
8 (a) The THP completes training of no less than 8 hours, provided by a national
9 association such as the American Health Care Association or by a New Hampshire educational
10 program.
11 (b) THPs shall work under the supervision of an RN, APRN, or LPN, as is required of
12 LNAs under RSA 326-B:14.
13 (c) The scope of work authorized to be performed by THPs is limited to the work set
14 forth in this section and shall be performed in accordance with the resident care plan.
15 (d) The THP has demonstrated competency, as determined by the employing long-term
16 care facility, prior to performing any of the activities set forth in this section.
17 II. Scope of work for a temporary health partner (THP):
18 (a) The THP is a temporary position limited to assist LNAs and nurses in their daily
19 tasks. Each of these tasks shall not be performed without proper training and demonstrating
20 competency in such tasks. The THP shall work under the direction and supervision of licensed
21 nurses to assist nurses and LNAs to provide services set forth in each resident care plan. Before
22 performing any tasks described in subparagraph (b), the THP shall have been trained and
23 demonstrated competency to perform such tasks, and shall review and adhere to the resident care
24 plan. The facility shall provide direction and oversight to the THP.
25 (b) After the employing facility ensures skill competency, the THP may perform any of
26 the following activities:
27 (1) Nutrition and elimination assistance. Assist with elimination, including toileting
28 and peri-care, and assist with routine ostomy care.
29 (2) Comfort care and end-of-life care. Assist with promoting comfort and sleep,
30 assist with end-of-life care, and assist with physical care of body after death.
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1 (3) Activities of daily living. Assist with bathing, oral care, denture care, grooming,
2 shaving, nail care, and dressing and undressing.
3 (4) Infection control practices. Assist with hand hygiene, standard and
4 transmission-based precautions, cleaning and disinfection, utilization of personal protective
5 equipment (PPE).
6 (5) Positioning, moving, and restorative care. Assist with ambulation or walking
7 and occupied bedmaking.
8 III. The position of THP shall not be considered a substitute for licensure as an LNA under
9 RSA 326-B:14 but is intended to assist the work of LNAs. The THP shall not perform services
10 independently and shall be supervised by licensed nurses at all times.
11 2 New Section; Office of Professional Licensure and Certification; Emergency Licensing Process.
12 Amend RSA 310-A by inserting after section 1-g the following new section:
13 310-A:1-h Emergency Licensing Process. Notwithstanding any other law to the contrary, the
14 office of professional licensure and certification may issue emergency licenses to the following
15 applicants:
16 I. Any medical provider previously licensed in New Hampshire in the last 3 years whose
17 license is no longer active, subject to the following:
18 (a) The medical provider’s license was in good standing prior to being placed in inactive
19 or lapsed status.
20 (b) Notwithstanding any law or rule to the contrary, a medical provider shall not be
21 required to complete continuing education as a condition precedent to reactivating their license
22 pursuant to this section.
23 II. Any medical provider previously licensed to practice in another jurisdiction within the
24 last 3 years whose license is no longer active, subject to the following:
25 (a) The medical provider’s license was in good standing in another United States
26 jurisdiction prior to being placed in inactive or lapsed status; and
27 (b) The medical provider presents evidence to the office of professional licensure and
28 certification that the medical provider was licensed and in good standing immediately prior to the
29 change in licensure status.
30 (c) Notwithstanding any law or rule to the contrary, a medical provider shall not be
31 required to complete continuing education as a condition precedent to receive an emergency license
32 pursuant to this section.
33 III. Any fellow enrolled in a New Hampshire program accredited by the Accreditation
34 Council for Graduate Medical Education to practice within the fellow's core specialty, subject to the
35 following:
36 (a) The fellow is American Board of Medical Specialties (ABMS) or American
37 Osteopathic Association (AOA) board-eligible or certified in the core specialty.
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1 (b) The fellow is appointed to the medical staff at a sponsoring institution and will
2 engage in practice consistent with the policies and procedures of the sponsoring institution and its
3 participating sites.
4 (c) The time spent in core specialty service is limited to 20 percent of the fellow’s annual
5 education time in any academic year.
6 (d) A fellow seeking to practice under this paragraph shall provide the office of
7 professional licensure and certification with appropriate evidence that the required qualifications
8 have been met.
9 IV. Senior nursing students, who are scheduled to graduate within 5 months from the date
10 of application, from a board of nursing approved registered nursing or practical nursing program,
11 subject to the following:
12 (a) The individual is employed by or providing health care services at the direction of, a
13 licensed health care facility or a licensed health care provider.
14 (b) The individual is directly supervised while providing health care services.
15 (c) The health care services are being provided in response to the COVID-19 pandemic.
16 IV. Current and former military service members who have been assigned a military
17 occupational specialty code of 68W (Army) or 4N0X1 (Air Force), with or without additional skill
18 identifiers, and who, as part of their service in the military, have utilized their military occupational
19 specialty within the last 3 years, may apply for a license as a nursing assistant in New Hampshire.
20 V. An individual licensed as an EMT-Basic, Advanced EMT, or Paramedic in any United
21 States jurisdiction who presently holds a certification from the National Registry of Emergency
22 Medical Technicians (NREMT), may apply for an emergency license as a licensed nursing assistant.
23 VI. Any provider seeking an emergency license under this section shall submit his or her
24 request on a form adopted by the office of professional licensure and certification for such purpose.
25 VII. In this section, an applicant in good standing shall include medical providers who are
26 subject to nondisciplinary conditions, but shall not include medical providers whose licenses have
27 been revoked, canceled, surrendered, suspended, denied, or subject to disciplinary restrictions.
28 VIII. Licenses issued pursuant to this section shall be on a temporary basis and shall expire
29 on or before January 31, 2022.
30 IX. All individuals licensed under this section shall be subject to the jurisdiction of the state
31 licensing body for that profession.
32 X. The office of professional licensure and certification may issue guidance relative to the
33 emergency licensing process established in this section, which may include guidance concerning the
34 appropriate supervision of nursing students. Any guidance shall be posted on the board's website.
35 3 Pharmacists and Pharmacies; Definition of the Practice of Pharmacy. Amend RSA 318:1, XIV
36 to read as follows:
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1 XIV. "Practice of pharmacy" means the professional acts performed by a pharmacist and
2 shall include the interpretation and evaluation of prescription orders; the administration,
3 compounding, dispensing, labeling and distribution of drugs and devices; the participation in drug
4 selection and drug-related device selection; drug evaluation; utilization or regimen review; the
5 monitoring of drug therapy and use; medication therapy management in accordance with
6 collaborative pharmacy practice agreements; the proper and safe storage and distribution of drugs
7 and devices, and the proper maintenance of proper records; the responsibility of advising, when
8 necessary or when regulated, of therapeutic values, hazards, and use of drugs and devices; the
9 initiating, ordering, administering, and analyzing of FDA approved Emergency Use
10 Authorization SARS-CoV-2 (COVID-19) point-of-care diagnostic kits (COVID-19 tests or test
11 kits) to detect SARS-CoV-2 or its antibodies, so long as the pharmacist has received the
12 adequate education and training to do so; and the offering or performing of these acts, services,
13 operations, or transactions necessary in the conduct, operation, management, and control of
14 pharmacy.
15 4 New Section; Pharmacists and Pharmacies; COVID-19 Testing. Amend RSA 318 by inserting
16 after section 14-a the following new section:
17 318:14-b COVID-19 Testing. Pharmacists may administer COVID-19 testing if the following
18 conditions are met:
19 I. The pharmacist received adequate education and training to initiate, order, administer,
20 and analyze COVID-19 test kits.
21 II. The COVID-19 tests are administered at a pharmacy that holds the appropriate clinical
22 laboratory improvement amendments (CLIA) certificate and a New Hampshire laboratory license
23 issued by the department of health and human services (DHHS) or DHHS waiver.
24 III. The pharmacy creates and implements policies and procedures to address the collection,
25 storage, transport, and analysis of samples collected as a result of administering and analyzing
26 COVID-19 test kits. Such policies and procedures shall be in accordance with the manufacturer’s
27 instructions and supplemented as needed.
28 5 New Section; Pharmacists and Pharmacies; Pharmacy Technician Administration of COVID-
29 19 Vaccines. Amend RSA 318 by inserting after section 16-e the following new section:
30 318:16-f Pharmacy Technician Administration of COVID-19 Vaccines. New Hampshire
31 registered and certified pharmacy technicians may administer COVID-19 vaccines to persons 3 years
32 of age or older while under the supervision of a New Hampshire licensed pharmacist, if the following
33 conditions are met:
34 I. The vaccination is ordered by the supervising pharmacist.
35 II. The supervising pharmacist is readily and immediately available to the immunizing
36 registered or certified pharmacy technician.
37 III. The COVID-19 vaccine is FDA-authorized or FDA-licensed.
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1 IV. The COVID-19 vaccine is ordered and administered according to the Advisory
2 Committee on Immunization Practices (ACIP) COVID-19 vaccine recommendations.
3 V. The registered or certified pharmacy technician has completed a practical training
4 program approved by the Accreditation Council for Pharmacy Education (ACPE). This training
5 program shall include hands-on injection technique and the recognition and treatment of emergency
6 reactions to vaccines.
7 VI. The registered or certified pharmacy technician has a current certificate in basic
8 cardiopulmonary resuscitation.
9 VII. The registered or certified pharmacy technician shall complete a minimum of 2 hours of
10 ACPE-approved, immunization-related continuing pharmacy education during the relevant state
11 licensing period.
12 VIII. The supervising pharmacist shall comply with all recordkeeping and reporting
13 requirements.
14 IX. The supervising pharmacist shall be responsible for complying with requirements
15 related to reporting adverse events.
16 X. The supervising pharmacist shall review the vaccine registry or other vaccination records
17 before ordering the registered or certified pharmacy technician to administer the vaccination.
18 XI. If the patient is 18 years of age or younger, the registered or certified pharmacy
19 technician shall inform the patient and the adult caregiver accompanying the patient of the
20 importance of a well-child visit with a pediatrician or other licensed primary-care provider and refer
21 the patient as appropriate.
22 XII. The supervising pharmacist shall comply with any applicable requirements or
23 conditions of use as set forth in the CDC's COVID-19 vaccination provider agreement and any other
24 federal requirements that apply to the administration of COVID-19