CHAPTER 3

HB 94-FN - FINAL VERSION

 

 

2021 SESSION

21-0139

10/11

 

HOUSE BILL 94-FN

 

AN ACT relative to licensure renewal dates for certain governing boards under the office of professional licensure and certification.

 

SPONSORS: Rep. McGuire, Merr. 29; Rep. T. Lekas, Hills. 37

 

COMMITTEE: Executive Departments and Administration

 

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ANALYSIS

 

This bill revises the procedure and timeframe for license renewals of allied health professionals, body art practitioners, podiatrists, chiropractors, acupuncturists, and veterinarians.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

21-0139

10/11

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty One

 

AN ACT relative to licensure renewal dates for certain governing boards under the office of professional licensure and certification.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

3:1  New Section; Office of Professional Licensure and Registration; Renewals.  Amend RSA 310-A by inserting after section 1-g the following new section:

310-A:1-h License Renewals; Lapse.

I. This section shall apply to the following professions administered by the office of professional licensure and certification:

(a)  Body art establishments and booths regulated under RSA 314-A.

(b)  Podiatrists regulated under RSA 315.

(c)  Chiropractors regulated under RSA 316-A.

(d)  Occupational therapist and occupational therapy assistants regulated under RSA 326-C.

(e)  Respiratory care practitioners regulated under RSA 326-E.

(f) Speech-language pathologists and speech-language assistants regulated under RSA 326-F.

(g)  Athletic trainers regulated under RSA 326-G.

(h)  Recreational therapists regulated under RSA 326-J.

(i)  Genetic counselors regulated under RSA 326-K.

(j)  Physical therapists and physical therapist assistants regulated under RSA 328-A.

(k)  Acupuncturists regulated under RSA 328-G.

(l)  Veterinarians regulated under RSA 332-B.

II.  The executive director of the office of professional licensure and certification shall issue initial licenses meeting the eligibility requirements as defined in statute and rules adopted by each individual board to applicants who have completed the application procedure.

III. Initial licenses and renewals shall be valid for 2 years, except that timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until the board has acted on the renewal application.  Licenses issued shall expire on the last day of the month in the month the license was issued.

IV. Applicants shall submit completed applications for renewal, the renewal fee, and any supporting documents required for that renewal on or before the last day in the month of renewal.  Licenses shall lapse when completed renewal applications, renewal fee, and supporting documents have not been filed by the last day in the month of renewal, and the holders of a lapsed license are not authorized to practice until the licenses have been reinstated.

V. The office of professional licensure and certification shall provide licensees, at least 2 months before the date of expiration of their license, with notice of the need to complete their renewal applications.  Failure to receive notice shall not relieve any licensee of the obligation to renew their license, comply with the rules of the boards, or comply with this section.  Timeliness of submission of renewal applications shall be evidenced by postmark, for applications delivered by hand the by date stamp or other record made at the time of delivery, or for applications submitted electronically the electronic time stamp of submission.

VI. During the transition of renewing licenses from their original date of renewal to the date of the licensee’s month of licensure pursuant to this section the board will prorate the fees.  Prorated fees shall not exceed 11 months.

VII. Upon the request of a licensee who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty, the office of professional licensure and certification shall place the person's license on inactive status. The license may be reactivated within one year of the licensee's release from active status by payment of the renewal fee and with proof of completion of the most current continuing education requirement unless still within the renewal period.

3:2  Allied Health Professionals; License Renewals.  RSA 328-F:19 is repealed and reenacted to read as follows:

328-F:19  Renewal.  The procedure and timeframe for license renewals for persons licensed by a governing board established in RSA 328-F:4 shall be as described in RSA 310-A:1-h.

3:3  Chiropractic; Renewal Reference Removed.  Amend RSA 316-A:14-a to read as follows:

316-A:14-a  Licenses and Certificates.  Each applicant who qualifies under this chapter and who attains a minimum grade of 70 percent upon the examination given under RSA 316-A:13, I shall receive a license from the board as a chiropractor permitted to practice in New Hampshire.  The fee for an initial license and for a license renewal shall be $300.  [The initial license and renewal licenses shall be valid for the terms established under RSA 316-A:19.]

3:4  Chiropractic; License Renewals.  RSA 316-A:20 is repealed and reenacted to read as follows:

316-A:20  Renewal.  

I.  The procedure and timeframe for license renewals shall be as described in RSA 310-A:1-h.

II.  Each applicant for renewal shall submit satisfactory evidence that the applicant has completed at least 20 hours of continuing education approved by or conducted by the International Chiropractors Association, or the American Chiropractic Association, or the New Hampshire board of chiropractic examiners, or any state-chartered chiropractic school or college, within one year prior to the date of renewal.

3:5  Repeals; Chiropractic.  The following are repealed:

I.  RSA 316-A:14-b, relative to chiropractor license fees.

II.  RSA 316-A:19, relative to chiropractor license renewal fees.

3:6  Acupuncture; License Renewal.  RSA 328-G:9, IX is repealed and reenacted to read as follows:

IX.  The procedure and timeframe for license renewals shall be as described in RSA 310-A:1-h.

3:7  Podiatry; License Renewal.  RSA 315:11 is repealed and reenacted to read as follows:

315:11  License Renewal.  The procedure and timeframe for renewals shall be as described in RSA 310-A:1-h.  As a condition of renewal of license, each licensee shall show proof of having completed the continuing education units as required in rules adopted by the board.

3:8  Podiatry; License Renewals.  Amend RSA 315:12 to read as follows:

315:12  Neglect to Renew.  [Any licensee who fails to renew his or her license by June 30 of the year in which the licensee's renewal is set to occur, shall be required to pay double the renewal fee if paid within 90 days of the expiration date.] Any failure, neglect, or refusal on the part of any person licensed by the board to renew the license as provided in RSA 315:11 or this section shall automatically result in the lapse of the license.  Licenses lapsed under this section [for nonpayment within 90 days] shall not be reinstated except upon application and payment of a reinstatement fee as established in rules adopted by the [board] office of professional licensure and certification, and a showing of such evidence of professional competence as the board may reasonably require.

3:9  Podiatry; Reinstatement.  Amend RSA 315:13-a to read as follows:

315:13-a  Reinstatement.  Any person who has not renewed his or her license [within 90 days of the expiration date] shall only have his or her license restored upon the filing of a reinstatement application, accompanied by the reinstatement fee as established by the [board] office of professional licensure and certification, proof of satisfaction of continuing podiatric education requirements established by RSA 315:4, V, and such other evidence of professional competence as the board may reasonably require.

3:10  Repeal; Podiatry.  RSA 315:13, relative to notice of expiration of a license, is repealed.

3:11  Body Art Practitioners; Licensed Renewals.  RSA 314-A:2, II is repealed and reenacted to read as follows:

II.  The procedure and timeframe for license renewals shall be as described in RSA 310-A:1-h.

3:12  Veterinarians; Rulemaking; License Renewal.  Amend RSA 332-B:7-a, V to read as follows:

V.  [Dates and] Conditions for license renewal;

3:13  Veterinarians; License Renewal.  The section heading of RSA 332-B:13 and RSA 332-B:13, I are repealed and reenacted to read as follows:

332-B:13  License Renewal and Lapse.

I.  The procedure and timeframe for license renewals shall be as described in RSA 310-A:1-h.  Persons previously licensed who allow their license to lapse shall be required to file a reinstatement application containing such information as required by the board.  Persons who have allowed their license to lapse more than 5 years shall apply for reinstatement of licensure in accordance with RSA 332-B:17.

3:14  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: April 23, 2021

Effective Date: June 22, 2021