SB 277-FN - AS AMENDED BY THE HOUSE

4May2022... 1773h

2022 SESSION

22-2939

04/05

SENATE BILL 277-FN

AN ACT relative to emergency or temporary health care licenses.

SPONSORS: Sen. Hennessey, Dist 1; Sen. Birdsell, Dist 19; Sen. Watters, Dist 4; Sen. Bradley, Dist 3; Sen. Prentiss, Dist 5; Sen. Whitley, Dist 15; Sen. Rosenwald, Dist 13; Sen. Gray, Dist 6; Sen. Giuda, Dist 2; Sen. Avard, Dist 12; Sen. Carson, Dist 14; Sen. Sherman, Dist 24; Sen. Gannon, Dist 23; Sen. Morse, Dist 22; Sen. Daniels, Dist 11; Sen. Soucy, Dist 18; Rep. Alexander Jr., Hills. 6; Rep. Buco, Carr. 2; Rep. Rice, Hills. 37; Rep. Lang, Belk. 4

COMMITTEE: Finance

-----------------------------------------------------------------

AMENDED ANALYSIS

This bill extends the expiration date for the emergency licensing process and the emergency or temporary licensing of health care workers enacted in SB155-FN (2021), converts the temporary or emergency licenses issued to permanent licenses, and extends the repeal dates of those provisions.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4May2022... 1773h 22-2939

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

AN ACT relative to emergency or temporary health care licenses.

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

1  Office of Professional Licensure and Certification; Emergency Licenses Converted.  RSA 310-A:1-i is repealed and reenacted to read as follows:

310-A:1-i  Emergency Licenses Process.  Notwithstanding any other law to the contrary, the office of professional licensure and certification may issue emergency licenses to the following applicants:

I.  Any medical provider previously licensed in New Hampshire in the last 3 years whose license is no longer active, subject to the following:

(a)  The medical provider’s license was in good standing prior to being placed in inactive or lapsed status.  

(b)  A medical provider shall be required to present evidence that they are current with continuing education pursuant to the applicable statute as a condition of licensure.

II.  Any medical provider previously licensed to practice in another jurisdiction within the last 3 years whose license is no longer active, subject to the following:

(a)  The medical provider’s license was in good standing in another United States jurisdiction prior to being placed in inactive or lapsed status; and

(b)  The medical provider presents evidence to the office of professional licensure and certification that the medical provider was licensed and in good standing immediately prior to the change in licensure status.

(c)  A medical provider shall be required to present evidence that they are current with continuing education pursuant to the applicable statute as a condition of licensure.

III.  Any fellow enrolled in a New Hampshire program accredited by the Accreditation Council for Graduate Medical Education to practice within the fellow's core specialty, subject to the following:  

(a)  The fellow is American Board of Medical Specialties (ABMS) or American Osteopathic Association (AOA) board-eligible or certified in the core specialty.

(b)  The fellow is appointed to the medical staff at a sponsoring institution and will engage in practice consistent with the policies and procedures of the sponsoring institution and its participating sites.

(c)  The time spent in core specialty service is limited to 20 percent of the fellow’s annual education time in any academic year.

(d)  A fellow seeking to practice under this paragraph shall provide the office of professional licensure and certification with appropriate evidence that the required qualifications have been met.

IV.  Senior nursing students, who are scheduled to graduate within 5 months from the date of application, from a board of nursing approved registered nursing or practical nursing program, subject to the following:

(a)  The individual is employed by, or providing health care services at the direction of, a licensed health care facility or a licensed health care provider.

(b)  The individual is directly supervised while providing health care services.

(c)  The health care services are being provided in response to the COVID-19 pandemic.

V.  Any provider seeking an emergency license under this section shall submit his or her request on a form adopted by the office of professional licensure and certification for such purpose.

VI.  In this section, an applicant in good standing shall include medical providers who are subject to nondisciplinary conditions, but shall not include medical providers whose licenses have been revoked, canceled, surrendered, suspended, denied, or subject to disciplinary restrictions.

VII.  A license issued pursuant to this section on or before January 31, 2022 shall be converted to a permanent, single state license as of the effective date of this section.  For the purpose of license renewal, the date of original license issuance shall be used.

VIII.  Emergency licenses issued during the COVID-19 pandemic pursuant to the governor's executive order 2020-04 on or before January 31, 2022 shall not be deemed to have lapsed upon expiration of the state of emergency and shall be converted to a permanent license under this section on the effective date of this section.  

IX.  All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.

X.  The office of professional licensure and certification may issue guidance relative to the emergency licensing process established in this section, which may include guidance concerning the appropriate supervision of nursing students.  Any guidance shall be posted on the board's website.

2  Emergency or Temporary Health Care Licenses.  Amend 2021, 121:8 to read as follows:

121:8  Emergency or Temporary Healthcare [Licensees] Licenses.  Healthcare workers issued emergency or temporary licenses during the COVID-19 pandemic on or before January 31, 2022, including but not limited to those recruited for youth camps, organized recreation, and community-sponsored recreation, and who meet the requirements for such licensure, shall be allowed to continue in their professional capacity for so long as the emergency or temporary license remains valid.  The office of professional licensure and certification shall continue to offer and issue emergency or temporary licenses for healthcare workers; provided that any emergency or temporary licenses issued during the COVID-19 pandemic or in response to conditions occurring immediately thereafter shall expire no later than [January 31, 2022] June 30, 2023.

3  Repeal.  RSA 310-A:1-i, relative to the emergency license process, is repealed.

4  Effective Date.

I.  Section 3 of this act shall take effect June 30, 2023.

II.  The remainder of this act shall take effect upon its passage.

LBA

22-2939

12/7/21

SB 277-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to emergency or temporary health care licenses.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill extends the expiration date for the emergency licensing process, the licensing of out-of-state pharmacies as temporary mail-order facilities, and the emergency or temporary licensing of health care workers from January 31, 2022 to January 31, 2024.

The Office of Professional Licensure and Certification (OPLC) states the fiscal impact of this bill is an indeterminable loss in State revenue in FY 2022 and an indeterminable increase in State expenditures starting in FY 2022.  OPLC states there are currently 22,348 emergency licenses set to expire January 31, 2022.  OPLC assumes that 20% or 4,470 of those licenses would seek permanent licensure in FY 2022 upon expiration of the emergency license.  OPLC also states that the average shared cost of issuing a license, per biennium, is $155 per license.  Based on the average shared cost per biennium per license OPLC assumes a maximum loss in revenue in FY 2022 of $692,850 (4,470 x 155).  When the emergency license process ends January 31, 2024, it is assumed revenue in FY 2024 will increase by approximately $692,850 as 4,470 emergency licenses would be converted to permanent licenses.  The revenue impact will vary based on the amount of licensees who would have sought permanent licensure had the emergency licensing process expired.  OPLC also notes that they anticipate 300 individuals, who are not otherwise eligible for licensure, will see emergency licensure as retired healthcare workers or student nurses in each fiscal year under this bill.  Multiplying the average shared cost of $155 and the anticipated 300 additional emergency licenses would increase expenditures to a maximum fiscal impact of $46,500 a year.    

AGENCIES CONTACTED:

Office of Professional Licensure and Certification