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HB 1271 - AS INTRODUCED SESSION 24-2056 09/05 HOUSE BILL 1271 AN ACT relative to the conversion, combination, and reorganization of boards and advisory boards.
SPONSORS:
C.
McGuire, Merr.
27;
Rep.
38;
38 March 20, 2024 2024-1248h 05/09 Amendment to HB 1271 Amend the bill by replacing sections 1-10 with the following:
Sen.
3 1 New Paragraph;
Pearl, Dist 17 COMMITTEE:
Executive Departments and Administration ───────────────────────────────────────────────────────────────── ANALYSIS This bill, at the request of the office of professional licensure and certification:
1.
Converts the board of acupuncture licensing into an advisory board and makes other amendments implementing this change.
2.
Converts the board of family mediator certification into an advisory board and makes other amendments implementing this change.
3.
Converts the guardian at litem board into an advisory board and makes other amendments implementing this change.
4.
Converts the manufactured housing installations standards board into an advisory board and makes other amendments implementing this change.
5.
Combines the advisory board of massage therapists with the advisory board of reflexology, structural integration, and Asian bodywork therapy and makes other amendments implementing this change.
6.
Converts the midwifery council into an advisory council and makes other amendments implementing this change.
7.
Converts the board of septic system evaluators into an advisory board and makes other amendments implementing this change.
8.
Converts the board of examiners of nursing home administrators into an advisory board and makes other amendments implementing this change.
9.
Eliminates the board of registration of medical technicians and makes other amendments implementing this change.
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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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
HB 1271 - AS INTRODUCED 24-2056 09/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to the conversion, combination, and reorganization of boards and advisory boards.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph;
To eliminate workforce barriers and provide state supervision over regulatory bodies comprised of active market participants, the responsibility for implementation of this chapter shall be transferred to the executive director of the office of professional licensure and certification.
To provide state supervision over regulatory bodies comprised of active market participants, the responsibility for implementation of this chapter shall be transferred to the executive director of the office of professional licensure and certification.
The executive director shall establish an advisory board of acupuncture licensing consisting of 3 members.
The office of professional licensure and certification shall establish an advisory board of acupuncture licensing consisting of 3 members appointed by the executive director.
The executive director, in consultation with the board, shall adopt rules pursuant to RSA 541-A relative to the practice of acupuncture and acupuncture detoxification, including rules regarding the procedure for granting, revoking, and reinstating a license.
The office of professional licensure and certification, in consultation with the board, shall adopt rules pursuant to RSA 541-A relative to the practice of acupuncture and acupuncture detoxification, including rules regarding the procedure for granting, revoking, and reinstating a license.
Meetings;
Amend RSA 328-G:7 to read as follows:
Amend RSA 328-G:6 and 328-G:7 to read as follows:
328-G:7 Rulemaking Authority.
328-G:6 Organization and Meetings.
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The executive director, in consultation with the board, shall adopt rules, under RSA 541-A, relative to:
The board shall hold regular meetings at least semi- annually and shall give notice to its members of the time and place for holding all regular and special meetings.
A quorum of the board shall consist of a majority of the members of the board [who have been approved by the governor and council].
The board shall biennially elect a chairperson[, a vice-chairperson, and a secretary from among its members].
Amendment to HB 1271 - Page 2 - 328-G:7 Rulemaking Authority.
The office of professional licensure and certification, in consultation with the board, shall adopt rules, under RSA 541-A, relative to:
HB 1271 - AS INTRODUCED - Page 2 - IV.
IV.
A student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the [board] executive director.
A student practicing acupuncture under the direct supervision of a licensed acupuncturist as part of a course of study approved by the [board] office of professional licensure and certification.
No person shall practice acupuncture within this state without first obtaining a license from the [board] executive director except physicians licensed under RSA 329 and doctors of naturopathic medicine certified under RSA 328-E:12.
No person shall practice acupuncture within this state without first obtaining a license from the [board] office of professional licensure and certification except physicians licensed under RSA 329 and doctors of naturopathic medicine certified under RSA 328-E:12.
The [board] executive director shall issue a license to any applicant who satisfies all of the following requirements:
The [board] office of professional licensure and certification shall issue a license to any applicant who satisfies all of the following requirements:
(a) Has reached the age of majority.
(a) Has reached the age of [majority] 18 years.
(b) Has current, active NCCAOM certification, or prior NCCAOM certification with documentation of continuing education pursuant to paragraph X of this section, or equivalent certification approved by the [board] executive director through examination or Credentials Documentation Review.
(b) Has current, active NCCAOM certification, or prior NCCAOM certification with documentation of continuing education pursuant to paragraph X of this section, or equivalent Amendment to HB 1271 - Page 3 - certification approved by the [board] office of professional licensure and certification through examination or Credentials Documentation Review.
(c) Has paid the required license application fee and filed the [board] executive director approved licensure application.
(c) Has paid the required license application fee and filed the [board] approved licensure application.
or HB 1271 - AS INTRODUCED - Page 3 - (2) Has successfully completed a post-secondary acupuncture college program which is approved by the Accreditation Commission for Acupuncture and Herbal Medicine ("ACAHM"), including its successors or predecessors, or the board;
or (2) Has successfully completed a post-secondary acupuncture college program which is approved by the Accreditation Commission for Acupuncture and Herbal Medicine ("ACAHM"), including its successors or predecessors, or the board;
Only a person licensed under this chapter or a physician licensed under RSA 329 or a doctor of naturopathic medicine certified under RSA 328-E:12, shall hold out to members of the public that such person is practicing acupuncture, or use a title or description which suggests such, including any of the following:
Only a person licensed under this chapter, or a physician licensed under RSA 329, or a doctor of naturopathic medicine certified under RSA 328-E:12, shall hold out to members of the public that such person is practicing acupuncture, or use a title or description which suggests such, including any of the following:
(b) Notwithstanding subparagraph (a), the only persons licensed under this chapter that shall be allowed to call themselves a doctor shall be those who have earned a doctoral degree in the practice of acupuncture from an accredited educational institution or other program approved by the board pursuant to administrative rules.
(b) Notwithstanding subparagraph (a), the only persons licensed under this chapter that shall be allowed to call themselves a doctor shall be those who have earned a doctoral degree in the Amendment to HB 1271 - Page 4 - practice of acupuncture from an accredited educational institution or other program approved by the board pursuant to administrative rules.
Nothing in this chapter is intended to limit, interfere with, or prevent any other licensed health care professionals from practicing within the scope of their licenses as defined by each profession's New Hampshire licensing statutes, but they shall not hold themselves out to the public or any private group of business by any title or description of services that includes any of the HB 1271 - AS INTRODUCED - Page 4 - terms in paragraphs III or IV unless they are licensed under this chapter, RSA 329, or RSA 328- E:12.
Nothing in this chapter is intended to limit, interfere with, or prevent any other licensed health care professionals from practicing within the scope of their licenses as defined by each profession's New Hampshire licensing statutes, but they shall not hold themselves out to the public or any private group of business by any title or description of services that includes any of the terms in paragraphs III or IV unless they are licensed under this chapter, RSA 329, or RSA 328- E:12.
Notwithstanding any other provisions of law to the contrary, those health care professionals licensed under RSA 316-A who are practicing acupuncture as of July 1, 1997 may petition the [board] executive director for an exemption to the licensure requirements of this chapter.
Notwithstanding any other provisions of law to the contrary, those health care professionals licensed under RSA 316-A who are practicing acupuncture as of July 1, 1997 may petition the [board] office of professional licensure and certification for an exemption to the licensure requirements of this chapter.
The [board] executive director shall consider the educational qualifications and the clinical experience of those individuals licensed under RSA 316-A seeking exemption to the licensure requirements of this chapter.
The [board] office shall consider the educational qualifications and the clinical experience of those individuals licensed under RSA 316-A seeking exemption to the licensure requirements of this chapter.
The procedure and timeframe for license renewals shall be as described in RSA 310.
The procedure and timeframe for license renewals shall be as described in [RSA 310] RSA 310:8.
As a condition of renewal of license, the [board] executive director shall require each licensee to show proof of having completed for each biennial period continuing education units at approved institutions or as approved by the board in accordance with rules adopted by the board.
As a condition of renewal of license, the [board] office shall require each licensee to show proof of having completed for each biennial period continuing education units at approved institutions or as approved by the board in accordance with rules adopted by the board.
The [board] executive director shall certify as an acupuncture detoxification specialist a qualified individual, not licensed by the [board] executive director as an acupuncturist, who has successfully completed NADA training or other training in acupuncture detoxification protocols as determined by the [board] executive director and complied with the rules of the [board] executive director adopted pursuant to [RSA 328-G:7, XIV] RSA 328-G:7, XIII.
The [board] office of professional licensure and certification shall certify as an acupuncture detoxification specialist a qualified individual, not licensed by the [board] office as an acupuncturist, who has successfully completed NADA training or other training in acupuncture detoxification protocols as determined by the board and complied with the rules of the board adopted pursuant to RSA 328-G:7, XIV.
II.(a) A "qualified individual" shall mean a licensed health care professional, recovery coach, peer counselor, or other [board] executive director approved professional, trained in acu-detox, a standardized auricular acupuncture protocol developed by the NADA, or a training that meets or exceeds the NADA training, as determined by the [board] executive director, provided she or he is under the general supervision of a licensed acupuncturist, trained in the NADA protocol or equivalent for the purposes of behavioral health applications, including addictions, mental health, and disaster and emotional trauma.
II.(a) A "qualified individual" shall mean a licensed health care professional, recovery coach, peer counselor, or other [board] office of professional licensure and certification approved professional, trained in acu-detox, a standardized auricular acupuncture protocol developed by the NADA, or a training that meets or exceeds the NADA training, as determined by the [board] office, provided she or he is under the general supervision of a licensed acupuncturist, trained in the NADA Amendment to HB 1271 - Page 5 - protocol or equivalent for the purposes of behavioral health applications, including addictions, mental health, and disaster and emotional trauma.
(b) "General supervision" shall be provided by site visit, phone, or other electronic means during business hours with at least 2 site visits per year by a licensed acupuncturist currently licensed in New Hampshire pursuant to RSA 328-G:9.
(b) "General supervision" shall be provided by site visit, phone, or other electronic means during business hours with at least 2 site visits per year by [a licensed] an acupuncturist currently licensed in New Hampshire pursuant to RSA 328-G:9.
Nothing in this chapter is intended to limit, interfere with, or prevent an acupuncture detoxification specialist certified by the [board] executive director from practicing within the scope of his or her certification.
Nothing in this chapter is intended to limit, interfere with, or prevent an acupuncture detoxification specialist certified by the [board] office of professional licensure and certification from practicing within the scope of his or her certification.
HB 1271 - AS INTRODUCED - Page 5 - 328-G:10 Scope of Practice.
328-G:10 Scope of Practice.
Notwithstanding paragraph I, the scope of practice may be further defined by the [board] executive director in accordance with RSA 541-A.
Notwithstanding paragraph I, the scope of practice may be further defined by the [board] office of professional licensure and certification in accordance with RSA 541-A.
Persons licensed by the [board] executive director to practice acupuncture shall be permitted to provide services through the use of telemedicine.
Persons licensed by the [board] office of professional licensure and certification to practice acupuncture shall be permitted to provide services through the use of "telemedicine," as defined in RSA 310:7.
"Telemedicine" [means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment] shall be as defined in RSA 310:7, I(c).
[telemedicine.
8 Acupuncture;
"Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.] 8 Acupuncture;
Amend RSA 328-G:11 to read as follows:
RSA 328-G:11 and RSA 328-G:12 are repealed and reenacted to read as follows:
328-G:11 Powers and Duties of the [Board] Executive Director.
328-G:11 Powers and Duties of the Office of Professional Licensure and Certification.
The [board] executive director shall:
The office of professional licensure and certification shall:
(b) Administer and enforce all provisions of this chapter, which pertain to licensees and applicants, and all rules adopted by the [board] executive director under the authority granted in this chapter.
(b) Administer and enforce all provisions of this chapter, which pertain to licensees and applicants, and all rules adopted by the office under the authority granted in this chapter.
(c) Maintain an accurate account of all receipts, expenditures, and refunds granted under this chapter through the office [of licensure and certification] and in accordance with the retention policy established by the office [of professional licensure and certification].
Amendment to HB 1271 - Page 6 - (c) Maintain an accurate account of all receipts, expenditures, and refunds granted under this chapter through the office and in accordance with the retention policy established by the office.
(d) Maintain a record of its acts and proceedings, including the issuance, refusal, suspension, or revocation of licenses in accordance with the retention policy established by the office[ of professional licensure and certification].
(d) Maintain a record of its acts and proceedings, including the issuance, refusal, suspension, or revocation of licenses in accordance with the retention policy established by the office.
(e) Keep all applications for licensure in accordance with the retention policy established by the office[ of professional licensure and certification].
(e) Keep all applications for licensure in accordance with the retention policy established by the office.
(f) Maintain a record of the results of all examinations it gives in accordance with the retention policy established by the office [of professional licensure and certification].
(f) Maintain a record of the results of all examinations it gives in accordance with the retention policy established by the office.
HB 1271 - AS INTRODUCED - Page 6 - (g) Keep all examination records including written examination records and tape recordings of the questions and answers in oral examinations in accordance with the retention policy established by the office [of professional licensure and certification.
(g) Keep all examination records including written examination records and tape recordings of the questions and answers in oral examinations in accordance with the retention policy established by the office.
(h) Keep the records of the board open to public inspection at all reasonable times.
II.
(i) Adopt and use a seal, the imprint of which, together with the signatures of the chairperson or vice-chairperson and the secretary-treasurer of the board, shall evidence its official acts.] II.
The office of professional licensure and certification may appoint qualified personnel to administer any part or all of any examinations provided for under this chapter.
The [board] executive director may appoint qualified personnel to administer any part or all of any examinations provided for under this chapter.
328-G:12 Misconduct.
[III.
Misconduct sufficient to support disciplinary proceedings under RSA 310:10 shall include:
The board shall have the power to subpoena witnesses and administer oaths in any hearing or disciplinary proceedings, and to compel, by subpoena duces tecum, the production of papers and records.
IV.
Witnesses summoned before the board shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons shall have the same effect as though issued for appearance before such court.
V.
[Repealed.] VI.
[Repealed.]] 9 Repeal.
RSA 328-G:6, relative to acupuncture board meetings, is repealed.
10 Family Mediators;
Purpose.
Amend RSA 328-C:1 to read as follows:
328-C:1 Purpose.
The purpose of this chapter is to protect and assist the public by providing standards for the practice of family mediation, training and continuing education for certified family mediators and certified family mediator training programs, and disciplinary procedures for violating ethical rules and requirements.
To reduce workforce barriers and promote efficiency and economy, the responsibility for implementation of this chapter shall be transferred to the executive director of the office of professional licensure and certification.
The executive director shall consult with the advisory board established when implementing this chapter.
Rules in effect upon the effective date of this section shall remain in effect until repealed by the executive director of the office of professional licensure and certification or until the rules expire, whichever occurs first.
11 Family Mediators;
Definitions.
Amend RSA 328-C:2 to read as follows:
328-C:2 Definitions.
In this chapter:
"Board" means the advisory board of family mediator certification established by RSA 328-C:4.
The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.
"Certified family mediator" means a person certified under the provisions of this chapter to act as a family mediator.
Conviction of any crime which demonstrates unfitness to practice acupuncture.
HB 1271 - AS INTRODUCED - Page 7 - III.
III.
"Certified family mediator training program" means a program that has been certified under this chapter to provide the instructional training required for certified family mediators.
Violation of the standards adopted under RSA 328-G:7, V.
"Contracted supervisor" means a supervisor who has contracted with the court to participate in court-referred mediation.
Demonstrable gross incompetence of the licensee.
"Family mediation" means a process by which an impartial third person or persons, with the consent of the parties, assists and enables the parties to a divorce or parental rights and responsibilities case to work together to reach a mutually satisfactory settlement of the issues involved in such case.
Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the licensee unfit to practice under this chapter.
"Family mediator" means an impartial third person who, with the consent of the parties to a divorce or parental rights and responsibilities case, assists and enables the parties to work together to reach a mutually satisfactory settlement of the issues in a dispute.
A legal finding of mental incompetence.
"Qualified intern" means a person authorized under the provisions of this chapter to participate in mediation under the direct supervision of a certified family mediator.
Willful or repeated violation of the provisions of this chapter.
"Supervisor" means a person who has been a certified family mediator for at least two years, has mediated at least thirty-six divorce cases, and commits to comply with [RSA 328-C:5, VI] RSA 328-C:5, V.
Suspension or revocation without subsequent reinstatement of a license, similar to one issued under this chapter, in another jurisdiction.
12 Family Mediators;
9 Repeal.
Board.
The following are repealed:
Amend RSA 328-C:4 to read as follows:
328-C:4 Board.
There shall be [a] an advisory board of family mediator certification consisting of the following 3 members, who shall advise the executive director of the office of professional licensure and certification on the implementation of this chapter:
RSA 328-G:6, relative to acupuncture board meetings.
(a) One judge who regularly sits in the circuit court family division, appointed by the [administrative judge of the circuit court.Their term length shall be at the discretion of the administrative judge] chief justice of the supreme court.
II.
[(b) One member of the public, appointed by the governor with the consent of the council.
RSA 328-G:8, disposition of receipts.
The public members shall be residents of the state of New Hampshire who are not, and never have been, members of the family mediation profession or the spouse of any such person.
10 Family Mediators;
The public members shall not have, and shall never have had, a material financial interest in either the provision of family mediation services or an activity directly related to family mediation, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
Purpose.
(c)] (b) One member of the New Hampshire Bar Association, specializing in family law matters appointed by the executive director [governor with the consent of the council].
Amend RSA 328-C:1 to read as follows:
[(d)] (c) [Three] One certified family [mediators] mediator, [nominated by the New Hampshire Conflict Resolution Association and appointed by the governor with the consent of the council] appointed by the executive director.
328-C:1 Purpose.
HB 1271 - AS INTRODUCED - Page 8 - II.(a) Members shall be appointed for 3-year terms and not more than 2 terms shall expire in any calendar year.
The purpose of this chapter is to protect and assist the public by providing standards for the practice of family mediation, training and continuing education for certified family mediators and certified family mediator training programs, and disciplinary procedures for violating ethical rules and requirements.
No member shall be appointed to more than 2 consecutive terms.
The responsibility for implementation of this chapter shall be transferred to the office of professional licensure and certification.
The office shall consult with the advisory board established when implementing this chapter.
Rules in effect upon Amendment to HB 1271 - Page 7 - the effective date of this section shall remain in effect until repealed by the office of professional licensure and certification or until the rules expire, whichever occurs first.
4 Amend RSA 328-C:4, II(a) as inserted by section 12 of the bill by replacing it with the following:
6 II.(a) Members shall be appointed for 3-year terms and not more than 2 terms shall expire in any calendar year.
No member shall be appointed to more than 2 consecutive full terms.
No member appointed by the governor shall be eligible to serve more than 3 full consecutive terms, provided that for this purpose only a period actually served which exceeds 25 months shall be deemed a full term.] (b) If a member misses [2] 3 consecutive meetings [or their unavailability to attend 2 regular meetings in an 8-month period results in their cancellation due to lack of a quorum], the chairperson or vice chairperson shall inquire of the member as to their continued interest and availability and the member may be replaced by the member's appointing authority.
No member appointed by the governor shall be eligible to serve more than 3 full consecutive terms, provided that for this purpose only a period actually served which exceeds 25 months shall be deemed a full term.] Amend the bill by replacing sections 14-15 with the following:
[(c) To allow the board to carry out its functions, at the request of the board, any member appointed by governor and council may be replaced by the governor and council if:
(1) The member is absent from at least 3 meetings of the board in any 8-month period;
or (2) The member's unavailability to attend 3 regular meetings in any 8-month period results in their cancellation due to lack of a quorum.
(d)] (c) Upon expiration of a member's term and absent a resignation, the member shall serve until a successor is qualified and appointed.
The successor's term shall be 3 years from the date of expiration of the predecessor's appointment, regardless of the date of the successor's appointment.
Vacancies occurring prior to the expiration of a specific term shall be filled by appointment for the unexpired term.
[III.(a) The board shall hold 6 regular meetings each year, one each in January, March, May, June or July or August, September, and November, and special meetings at such times as it may deem necessary.
Annually, in January, the board shall establish a time of day and day of the month for the regular meetings.
(b) If a regular meeting cannot occur on the designated day because of a lack of a quorum, weather conditions, or an emergency, it shall be rescheduled within the specified month.
(c) A quorum shall be 3 members.] III.
The board shall elect its own chairman every 2 years by a majority vote.
13 Family Mediators;
Duties of the Executive Director.
Amend the heading and introductory paragraph in 328-C:4-a to read as follows:
328-C:4-a Duties of the [Board] Executive Director.
The executive director, in consultation with the advisory board, shall:
HB 1271 - AS INTRODUCED - Page 9 - I.
I.
(a) Satisfactory completion of a program of instruction approved by the [board] office and at least 48 hours in length, including at least 8 hours in domestic violence, and components in family dynamics and relevant law.
(a) Satisfactory completion of a program of instruction approved by the [board] office of professional licensure and certification and at least 48 hours in length, including at least 8 hours in domestic violence, and components in family dynamics and relevant law.
(b) Completion of an internship approved by the [board] office and at least 20 hours in length with a certified family mediator or certified family mediation program.
(b) Completion of an internship approved by the [board] office of professional licensure and certification and at least 20 hours in length with a certified family mediator or certified family mediation program.
(c) Submission of a completed application to the [board] office.
(c) Submission of a completed application to the [board] office of professional licensure and certification.
(d) Submission of at least 3 recommendations satisfactory to the [board] office from persons who have participated with the applicant in family mediation work.
(d) Submission of at least 3 recommendations satisfactory to the [board] office of professional licensure and certification from persons who have participated with the applicant in family mediation work.
Notwithstanding subparagraphs II(a) and (b), the [board] office may accept applicants found to have training and internship experience equivalent to the programs of instruction and internship approved by the [board] office.
Notwithstanding subparagraphs II(a) and (b), the [board] office of professional licensure and certification may accept applicants found to have training and internship experience equivalent to the programs of instruction and internship approved by the [board] office.
IV.
Amendment to HB 1271 - Page 8 - IV.
A supervisor shall plan the responsibilities of the intern prior to beginning a mediation and spend time with the intern in pre-mediation planning and post-mediation debriefinThe debriefing shall include a critique of the intern's part in the mediation.
A supervisor shall plan the responsibilities of the intern prior to beginning a mediation and spend time with the intern in pre-mediation planning and post-mediation debriefing.
[VI.
The debriefing shall include a critique of the intern's part in the mediation.
Certification of a mediator or a mediator training program shall be valid for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed pursuant to rules adopted by the board pursuant to RSA 541-A.
VI.
Certification of a mediator or a mediator training program shall be valid [for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed pursuant to rules adopted by the board pursuant to RSA 541-A.
If the application is either untimely or insufficient, it shall lapse and be subject to reinstatement in accordance with rules adopted by the board pursuant to RSA 541-A.] 15 Family Mediators;
If the application is either untimely or insufficient, it shall lapse and be subject to reinstatement in accordance with rules adopted by the board pursuant to RSA 541-A.] for the duration established by RSA 310:8.
15 Family Mediators;
Amend RSA 328-C:5-a to read as follows:
Amend RSA 328-C:5-a through 328-C:6 to read as follows:
Unless waived by the person to whom the information pertains, the following information relative to certified family mediators, applicants for certification, qualified interns, and formerly certified family mediators which may be in the possession of the [board] office shall be confidential and shall not be subject to disclosure, except as provided in paragraph II, absent an order of the court:
Unless waived by the person to whom the information pertains, the following information relative to certified family mediators, applicants for certification, qualified interns, and formerly certified family mediators which may be in the possession of the [board] office of professional licensure and certification shall be confidential and shall not be subject to disclosure, except as provided in paragraph II, absent an order of the court:
HB 1271 - AS INTRODUCED - Page 10 - (a) The person's date of birth, social security number, residence address, and home telephone number.
(a) The person's date of birth, social security number, residence address, and home telephone number.
Notwithstanding paragraph I and RSA 91-A, the [board] office may disclose to any New Hampshire court with the authority to appoint a family mediator, or which possesses oversight authority over the professional activities of individuals who may serve as family mediators, any records, documents, or information in the possession of the board relating to a certified family mediator, an applicant for certification, or a formerly certified family mediator, except for his or her social security number.
Notwithstanding paragraph I and RSA 91-A, the [board] office of professional licensure and certification may disclose to any New Hampshire court with the authority to Amendment to HB 1271 - Page 9 - appoint a family mediator, or which possesses oversight authority over the professional activities of individuals who may serve as family mediators, any records, documents, or information in the possession of the board relating to a certified family mediator, an applicant for certification, or a formerly certified family mediator, except for his or her social security number.
16 Family Mediators;
328-C:5-b Immunity From Civil Action.
Rulemaking Authority.
No civil action shall be maintained against the board or any member of the board or its agents or employees, against any organization or its members, or against any other person for, or by reason of any statement, report, communication, or testimony to the board or any determination, action, statement, report, communication, disclosure or testimony by the board in relation to any proceeding or communication under this chapter.
Amend RSA 328-C:8 to read as follows:
328-C:6 Continuing Education.
328-C:8 Rulemaking Authority.
[To renew a certification,] Each family mediator shall [provide evidence of attendance within the last 3 years of at] complete least 24 hours of continuing education approved by the board as a condition of renewal.
I.
A certified family mediator training program seeking renewal shall provide evidence that it has met any reporting requirements established under RSA 328-C:4-a and that each of the family mediators associated with the program has met the annual continuing education requirements.
The executive director, with the advice of the board, shall adopt rules for family mediators and family mediator training programs pursuant to RSA 541-A, relative to the following:
Amend the bill by replacing section 19 with the following:
(a) The eligibility requirements for certification, renewal of certification, recertification, and reinstatement of certification.
(b) Content of training programs and training equivalents allowed under RSA 328-C:5, III.
(c) Content of internships and duration and content of internship equivalents allowed under RSA 328-C:5, III.
(d) The ethical standards and standards of practice for family mediators certified in New Hampshire.
(e) Procedures for the reporting of activities conducted by certified family mediators and certified family mediator training programs.
(f) [Repealed.] (g) Reporting requirements for certified training programs.
HB 1271 - AS INTRODUCED - Page 11 - II.
The executive director [board] may adopt rules for family mediators and family mediator training programs, pursuant to RSA 541-A, relative to the application requirements and criteria for temporary renewal of certification and conditional certification.
III.
The executive director [board] may adopt rules for qualified interns pursuant to RSA 541-A, relative to all matters that it may for certified family mediators.
17 Annulment, Divorce and Separation;
Mediation.
Amend RSA 458:15-c, I(a) to read as follows:
(a) "Contracted supervisor" means a mediator meeting the requirements of RSA 328-C:2 [and RSA 328-C:5, VI] who has contracted with the court to participate in court-referred mediation under this chapter.
18 Parental Rights and Responsibilities;
Definitions.
Amend RSA 461-A:1, I to read as follows:
I.
"Contracted supervisor" means a mediator meeting the requirements RSA 328-C:2 [and RSA 328-C:5, VI] who has contracted with the court to participate in court-referred mediation under this chapter.
III.
Amend the bill by replacing sections 21-23 with the following:
RSA 328-C:6, relative to continuing education.
21 Guardian Ad Litem Advisory Board;
20 Guardian Ad Litem Advisory Board.
Amend the chapter title of RSA 490-C to read as follows:
GUARDIAN AD LITEM ADVISORY BOARD 21 Guardian Ad Litem Advisory Board;
There is hereby established a guardian ad litem advisory board which shall be responsible for [overseeing the credentialing and activities, and discipline of guardians ad litem in New Hampshire who are or have been certified by the board.] advising the executive director of the office of professional licensure and certification concerning the implementation of this chapter.
There is hereby established a guardian ad litem advisory board which shall be responsible for [overseeing the credentialing and activities, and discipline of guardians ad litem in New Hampshire who are or have been certified by the board.] advising the office of professional licensure and certification concerning the implementation of this chapter.
To reduce workforce barriers and provide state supervision, the responsibility for implementation of this chapter shall be transferred to the executive director of the office of professional licensure and certification.
The responsibility for implementation of this chapter shall be transferred to the office of professional licensure and certification.
The executive director shall consult with the advisory board established when implementing this chapter.
The office shall consult with the advisory board established when implementing this chapter.
Rules in effect upon the effective date of this section shall remain in effect until repealed by the executive director of the office of professional licensure and certification or until the rules expire, whichever occurs first.
Rules in effect upon the effective date of this section shall remain in effect until repealed by the office of professional licensure and certification or until the rules expire, whichever occurs first.
22 Guardian Ad Litem Advisory Board;
Amendment to HB 1271 - Page 10 - 22 Guardian Ad Litem Advisory Board;
Amend RSA 490-C:2 to read as follows:
RSA 490-C:2 is repealed and reenacted to read as follows:
HB 1271 - AS INTRODUCED - Page 12 - (a) One member representing the New Hampshire supreme court, appointed by the chief justice of the New Hampshire supreme court.
(a) One member representing the New Hampshire supreme court, appointed by the chief justice of the New Hampshire supreme court.
[(b) One member of the senate, appointed by the president of the senate.
(b) One member of Court Appointed Special Advocates (CASA), nominated by the director of CASA and appointed by the executive director.
(c) One member of the house, appointed by the speaker of the house.
(c) One member representing a child protection organization in the state, appointed by the executive director.
(d) The executive director of the New Hampshire judicial council.
(d) One member who is a member of the New Hampshire Bar Association and who is experienced as an appointed guardian ad litem, appointed by the executive director.
(e)] (b) One member of Court Appointed Special Advocates (CASA), nominated by the director of CASA and appointed by the [governor] executive director.
(e) One member of the general public who is a parent representing the interests of those individuals receiving the services of guardians ad litem, appointed by the executive director.
[(f) One member representing the division of children, youth, and families, or Casey family services, or another child protection agency in the state, appointed by the governor.
The public member shall not have, and shall never have had, a material financial interest in either the provision of guardian ad litem services or an activity directly related to guardian ad litem services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
(g)] (c) One member representing the interests of guardians ad litem, appointed by the [governor] executive director.
[(h) Two members of the general public representing the interests of those individuals receiving the services of guardians ad litem, appointed by the governor.
The public members shall be individuals who are not, and never have been, members of the guardian ad litem profession or the spouse of any such person.
The public members shall not have, and shall never have had, a material financial interest in either the provision of guardian ad litem services or an activity directly related to guardian ad litem services, including the representation of the board or its predecessor or the profession for a fee at any time during the 5 years preceding the date of appointment.
III.] II.
III.
Members shall serve no more than 2 terms.
Members shall serve no more than 2 full terms.
Any member who is absent from at least 3 consecutive meetings of the advisory board may be replaced by such member’s appointing authority.
Any member who is absent from at least 3 consecutive meetings of the advisory board may be replaced by such member's appointing authority.
490-C:4 Duties of the Advisory Board and Office I.
490-C:4 Duties of the Advisory Board and Office.
The advisory board shall advise the executive director regarding the following:
I.
The advisory board shall advise the office of professional licensure and certification regarding the following:
HB 1271 - AS INTRODUCED - Page 13 - II.
Amendment to HB 1271 - Page 11 - (e) The office of professional licensure and certification shall notify the appropriate court of receipt of a complaint received pursuant to RSA 310:9 relating to a trial or judicial proceeding in process.
The office may, with the advice of the advisory board:
The complaint shall be stayed pending the conclusion of the proceeding, unless the office decides to proceed immediately with such complaint for good cause.
The court shall notify the office of professional licensure and certification upon conclusion of the proceeding.
II.
The office of professional licensure and certification may, with the advice of the advisory board:
24 Guardian Ad Litem Advisory Board;
Amend RSA 490-C:5-b, I-II, as inserted by section 26 of the bill by replacing it with the following:
Rulemaking Authority.
I.(a) Unless waived by the person to whom the information pertains, the following information, if any, relative to certified guardians ad litem, applicants for certification, and formerly certified guardians ad litem which may be submitted to the [board] office of professional licensure and certification on or in conjunction with application, supplemental application, application renewal, recertification, and reinstatement forms shall be confidential and exempt from the disclosure requirements of RSA 91-A, unless disclosure is required pursuant to an order of the court:
Amend RSA 490-C:5 to read as follows:
490-C:5 Rulemaking Authority.
I.
The executive director, with the advice of the advisory board, shall adopt rules, pursuant to RSA 541-A, relative to the following:
(a) The application criteria for certification, renewal of certification, recertification, and reinstatement of certification.
(b) Eligibility requirements and criteria for certification, recertification, reinstatement, and renewal of certification.
(c) Training requirements.
(d) Educational and continuing educational requirements.
(e) The ethical standards and standards of practice for guardians ad litem certified in New Hampshire.
[(f) [Repealed.] (g) [Repealed.] (h) [Repealed.]] II.
The executive director, with the advice of the advisory board, may adopt rules, pursuant to RSA 541-A, relative to the following:
(a) The application or certification requirements and criteria for temporary or conditional certification or both, including but not limited to procedures and requirements regarding the circumstances and manner in which individuals may be temporarily or conditionally certified or both, the term and duration of conditional or temporary certification or both, and the ethical standards and standards of practice applicable to persons so certified.
(b) Procedures for the reporting of activities conducted by guardians ad litem appointed in New Hampshire.
HB 1271 - AS INTRODUCED - Page 14 - [(c) [Repealed.] (d) [Repealed.] (e) Requirements relating to the resignation or surrender of certification, including but not limited to the circumstances or conditions under which a certified guardian ad litem may resign or surrender his or her certification.
(f) [Repealed.] (g) [Repealed.]] 25 Guardian ad Litem Advisory Board;
Certification.
Amend RSA 490-C:5-a to read as follows:
490-C:5-a Certification.
I.
To be eligible for initial certification, recertification, reinstatement, or renewal of certification, as a guardian ad litem under this chapter, an applicant shall be of good character and shall meet such criteria or requirements as may be established by the executive director with the advice of the advisory board.
[II.
Certification issued by the board shall be valid for 3 years from the date of issuance, and shall expire 3 years from the date of issuance, unless renewed or reissued pursuant to rules adopted by, and upon payment of fees established in, the rules of the board.
III.
If timely and sufficient application has been made in accordance with board rules for renewal of certification, the existing certification shall not expire until the board has taken final action on the application for renewal.
IV.] II.
Conditional or temporary certification as a guardian ad litem under this chapter shall be according to such criteria, terms, requirements, and procedures, and for such duration, as may be established by the executive director with the advice of the advisory board.
26 Guardian Ad Litem Advisory Board;
Confidentiality and Disclosure of Information.
Amend RSA 490-C:5-b to read as follows:
490-C:5-b Confidentiality and Disclosure of Information.
I.(a) Unless waived by the person to whom the information pertains, the following information, if any, relative to certified guardians ad litem, applicants for certification, and formerly certified guardians ad litem which may be submitted to the [board] executive director on or in conjunction with application, supplemental application, application renewal, recertification, and reinstatement forms shall be confidential and exempt from the disclosure requirements of RSA 91-A, unless disclosure is required pursuant to an order of the court:
(2) The person's reason for leaving any past employment or the facts giving rise to any reprimand, censure, license revocation or suspension, disbarment, disqualification, or discipline HB 1271 - AS INTRODUCED - Page 15 - given by any professional organization or entity supervising or overseeing a profession, other than the board.
(2) The person's reason for leaving any past employment or the facts giving rise to any reprimand, censure, license revocation or suspension, disbarment, disqualification, or discipline given by any professional organization or entity supervising or overseeing a profession, other than the board.
(3) Whether or not the person has been a defendant in any criminal proceeding, information concerning such proceedings, any executed criminal records release, and the results of any criminal records check.
Amendment to HB 1271 - Page 12 - (3) Whether or not the person has been a defendant in any criminal proceeding, information concerning such proceedings, any executed criminal records release, and the results of any criminal records check.
(b) The provisions of subparagraph (a) shall not prohibit disclosure of such information in the circumstances described in paragraph II and shall not apply to such material disclosed, without prohibition, limitation, or other instruction, at a hearing, proceeding, or other matter before the [board] office, or a portion thereof, that is open to the public.
(b) The provisions of subparagraph (a) shall not prohibit disclosure of such information in the circumstances described in paragraph II and shall not apply to such material disclosed, without prohibition, limitation, or other instruction, at a hearing, proceeding, or other matter before the [board] office of professional licensure and certification, or a portion thereof, that is open to the public.
(1) Allegations of misconduct or executed complaint forms received by the [board] office, or drafts or portions thereof, and supporting materials submitted therewith.
(1) Allegations of misconduct or executed complaint forms received by the [board] office of professional licensure and certification, or drafts or portions thereof, and supporting materials submitted therewith.
(2) Information and records acquired by the [board] office or its representatives during its investigation of any complaint, including any answer submitted by a guardian ad litem in response to a complaint, or drafts or portions thereof, and supporting materials submitted therewith.
(2) Information and records acquired by the [board] office of professional licensure and certification or its representatives during its investigation of any complaint, including any answer submitted by a guardian ad litem in response to a complaint, or drafts or portions thereof, and supporting materials submitted therewith.
(3) Reports and records made by the [board] office, the advisory board, or its agents, representatives, or employees as a result of its investigation.
(3) Reports and records made by the [board] the office of professional licensure and certification, the advisory board, or its agents, representatives, or employees as a result of its investigation.
(a) Persons involved in matters before the [board] office, or persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, may, without a HB 1271 - AS INTRODUCED - Page 16 - specific court order allowing such disclosure, disclose to the [board] executive director, its representatives, or its agents, records, documents, or information in their possession, whether oral or in writing, relating to a guardian ad litem, an applicant for certification as a guardian ad litem, or cases in which a guardian ad litem is or has been involved, unless such disclosure is prohibited by court order.
Amendment to HB 1271 - Page 13 - (a) Persons involved in matters before the [board] office of professional licensure and certification, or persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, may, without a specific court order allowing such disclosure, disclose to the [board] office, its representatives, or its agents, records, documents, or information in their possession, whether oral or in writing, relating to a guardian ad litem, an applicant for certification as a guardian ad litem, or cases in which a guardian ad litem is or has been involved, unless such disclosure is prohibited by court order.
(b) If the [board] executive director concludes that to do so would advance the effective and fair resolution of the matter, the [board] executive director, its representatives, or its agents may, without a specific court order allowing such disclosure, disclose to persons involved in matters before the [board] executive director, or to persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, any records, documents, or information in its possession, whether oral or in writing, that have a bearing upon the matter, unless such disclosure is prohibited by court order.
(b) If the [board] office concludes that to do so would advance the effective and fair resolution of the matter, the [board] office, its representatives, or its agents may, without a specific court order allowing such disclosure, disclose to persons involved in matters before the [board] office, or to persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, any records, documents, or information in its possession, whether oral or in writing, that have a bearing upon the matter, unless such disclosure is prohibited by court order.
(c) Persons involved in matters before the [board] executive director, or persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, may, without a specific court order allowing such disclosure, disclose to other persons involved in the matter documents or information in their possession, whether oral or in writing, to the extent, and only to the extent, that such disclosure is necessary in order to comply with the procedures of the [board] office, unless such disclosure is prohibited by a court order.
(c) Persons involved in matters before the [board] office of professional licensure and certification, or persons seeking to address or respond to issues involving a guardian ad litem's misconduct or certification, may, without a specific court order allowing such disclosure, disclose to other persons involved in the matter documents or information in their possession, whether oral or in writing, to the extent, and only to the extent, that such disclosure is necessary in order to comply with the procedures of the [board] office, unless such disclosure is prohibited by a court order.
(d) The [board] executive director, its representatives, or its agents may, without a specific court order, disclose to any court that appoints or oversees guardians ad litem, or any other entity or group which possesses oversight authority over any type of professional activity of persons who may serve as a guardian ad litem, any records, documents, or information in the possession of the office or advisory board, whether oral or in writing, including but not limited to that information described in RSA 490-C:4, II(b), unless such disclosure is prohibited by court order.
(d) The [board] office of professional licensure and certification, its representatives, or its agents may, without a specific court order, disclose to any court that appoints or oversees guardians ad litem, or any other entity or group which possesses oversight authority over any type of professional activity of persons who may serve as a guardian ad litem, any records, documents, or information in the possession of the office of professional licensure and certification or advisory board, whether oral or in writing, including but not limited to that information described in RSA 490-C:4, II(b), unless such disclosure is prohibited by court order.
III.
Amend the bill by replacing section 31 with the following:
In the case of disclosures made in accordance with paragraph II, any statutory provisions prescribing penalties for the disclosure of confidential information, including but not limited to laws relative to the penalties for the disclosure of information in cases or proceedings in which a guardian ad litem may be involved, shall not apply to the disclosure to the extent that:
(a) It is made to the [board] executive director or its representatives or agents under subparagraph II(a), or to other persons in accordance with subparagraph II(c), in good faith;
or (b) It is made by the [board] executive director, a member of the advisory board, or the [board's] office's representatives or agents, in the good faith performance of official duties believed authorized under this chapter.
HB 1271 - AS INTRODUCED - Page 17 - IV.
Hearings and other proceedings held by the [board] executive director shall be open to the public unless closed, in whole or in part, by the [board] executive director.
The [board] executive director shall close a hearing, proceeding, or matter, in whole or in part, if it concludes, in its discretion, that to open the hearing, proceeding, or matter, or a certain portion thereof, would be likely to:
(a) Result in the [board] executive director publicly hearing, or in the public dissemination of, information that arose in a court proceeding that was not open to the public;
(b) Result in the public dissemination of information in a manner prohibited by court order;
(c) Be contrary to the best interests of a recipient of guardian ad litem services;
(d) Cause unreasonable harm to one or more persons involved in any court proceeding or any proceeding or other matter before the [board] executive director, including but not limited to the guardian ad litem;
or (e) Be detrimental to the effective resolution of a matter pending before the [board] executive director.
V.
In applying the provisions of paragraph IV, the [board] executive director shall, to the extent practicable under the circumstances, seek to open or close hearings, proceedings, or other matters in a manner that is consistent with any confidentiality laws, court rules, or known orders pertaining to the case out of which a complaint against a presently or formerly certified guardian ad litem or other matter, arose.
VI.(a) As an alternative to, or in conjunction with, the complete closure of a hearing, proceeding, or other matter, or of a part thereof, the [board] executive director may, in [its] his or her discretion, make such limitations, prohibitions, or instructions relative to the hearing, proceeding, or matter as it concludes are necessary to avoid:
(1) The likely public dissemination of information that arose in a court proceeding that was not open to the public;
(2) The likely public dissemination of information in a manner prohibited by court order;
(3) Probable detriment to the best interests of a recipient of services;
(4) Unreasonable harm to one or more persons involved in any court proceeding or any proceeding or other matter before the [board] executive director, including but not limited to the guardian ad litem;
or (5) Probable detriment to the effective resolution of a matter pending before the [board] executive director.
(b) Limitations, prohibitions, or instructions under subparagraph (a) may include, but need not be limited to, limitations or prohibitions on, or other instructions regarding, any one or more of the following:
HB 1271 - AS INTRODUCED - Page 18 - (1) The attendance or participation of a person, or of persons, at a hearing, proceeding, or matter before the [board] executive director;
(2) The audiotaping, videotaping, or other recording of a hearing, proceeding, or matter by a person or persons present;
(3) The photographing of a hearing, proceeding, or matter before the [board] executive director;
or (4) The taking of notes at a hearing, proceeding, or matter before the [board] executive director.
(c) In hearings, proceedings, and other circumstances in which the [board] executive director has assigned a presiding officer, the presiding officer shall have the authority to issue limitations, prohibitions, or instructions under subparagraphs (a) and (b), provided that:
(1) Such limitations, prohibitions, or instructions may, at the request of an interested person or on the [board's] executive director's own action, be reviewed by and affirmed, modified, or reversed by the [board] executive director;
(2) Such limitations, prohibitions, or instructions shall not include the closure of a hearing, proceeding, or matter, or a part thereof, the authority for which shall, in the first instance, be with the [board] executive director according to the standards set forth in paragraphs IV and V;
and (3) Such limitations, prohibitions, or instructions shall not include the authority to make limitations or prohibitions on the disclosure or use of material in circumstances outside of a hearing or proceeding, the authority for which shall, in the first instance, be with the [board] executive director according to the standards set forth in paragraph VII.
VII.(a) The [board] executive director may limit or prohibit the disclosure or use outside of a hearing, proceeding, or other matter before the [board] executive director, or in other circumstances, of some or all of the evidence, testimony, documents, or other materials relating to the hearing, proceeding, or matter, or parts thereof, including but not limited to guardian ad litem reports, medical records, and school records.
(b) Limitations and prohibitions issued under subparagraph (a) shall be made in accordance with the considerations set forth in paragraphs IV and V and shall be applicable to such persons involved in the hearing, proceeding, or other matter as the [board] executive director may designate.
(c) The [board] executive director may issue limitations or prohibitions under subparagraph (a) regardless of whether a hearing, proceeding, or other matter is open or closed, in whole or in part, and regardless of whether any limitations, prohibitions, or instructions have been issued under paragraph VI.
VIII.(a) In addition to any other procedures, including those under paragraph VI, which the [board] executive director may apply at a hearing, proceeding, or other matter before the [board] HB 1271 - AS INTRODUCED - Page 19 - executive director, the [board] executive director may also limit access to, or place limitations on, a person's use in a hearing, proceeding, or matter, of particular documents or materials if:
(1) The [board] executive director concludes that such limitation is necessary to prevent the potential disclosure of confidential material beyond those disclosures that are allowed by law, by court order, or by the [board's] executive director's limitations, prohibitions, or instructions under this chapter;
and (2) Such limitation will not result in a violation of due process of law.
(b) In hearings and proceedings in which the [board] executive director has assigned a presiding officer, the presiding officer shall have the authority to limit access, or place limitations on, a persons' use in a hearing or proceeding of particular documents or materials according to the standards set forth in subparagraph (a), provided that such limitations may, at the request of an interested person or on the [board's] executive director's own action, be reviewed by and affirmed, modified, or reversed by the [board] executive director.
IX.
It shall be unlawful:
(a) For any person present during, or otherwise involved in, a disciplinary hearing or any other hearing, proceeding, or matter before the [board] executive director, which is closed to the public, either in whole or in part, to disclose any information concerning the hearing, proceeding, or matter, or the closed portions thereof, if that information may not, pursuant to this chapter or other law, or pursuant to a court order, be disclosed, or if that information:
(1) May serve to identify a parent or child in an abuse or neglect hearing, unless an order of the court allows such disclosure or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law;
or (2) Is subject to an order of the [board] executive director closing a hearing, proceeding, or matter for the reasons set forth in subparagraphs IV(c) through (e), unless prior permission to make such disclosure has been obtained from the [board] executive director or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law.
(b) For any person who has reviewed evidence, documents, or other materials under consideration by or in the possession of the [board] executive director, which are not subject to public disclosure, or parts of such items which are not subject to public disclosure, including but not limited to guardian ad litem reports, medical records, and school records, to disclose any information concerning the nonpublic portions of such documents, if that information may not, pursuant to this chapter or other law, or pursuant to a court order, be disclosed, or if that material:
(1) May serve to identify a parent or child in an abuse or neglect hearing, unless an order of the court allows such disclosure, or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law;
or (2) Is subject to an order of the [board] executive director closing a hearing or procedure for the reasons set forth in subparagraphs IV(c) through (e), unless prior permission to HB 1271 - AS INTRODUCED - Page 20 - make such disclosure has been obtained from the [board] executive director or the disclosure is allowed under paragraph II, other provisions of this chapter, or other law.
(c) For any person subject to a limitation or prohibition under paragraph VII to make a disclosure which is contrary to that limitation or prohibition, unless prior permission to make such disclosure has been obtained from the [board] executive director.
X.
A person who violates paragraph IX shall be guilty of a misdemeanor.
27 Guardian Ad Litem Advisory Board;
Court Appointed Special Advocates.
Amend RSA 490- C:6 to read as follows:
490-C:6 Court Appointed Special Advocates.
Court Appointed Special Advocates (CASA) of New Hampshire shall be accountable to the guardian ad litem advisory board for complying with the training requirements established by the board under RSA 490-C:5, I(d) and for the actions of its volunteer members who are appointed by the court as guardians ad litem.
28 Repeal.
The following are repealed:
I.
RSA 490-C:3, relative to terms of appointment and meetings.
II.
RSA 490-C:5-c, relative to immunity from civil and criminal actions.
29 Manufactured Housing Installation Standards;
Definitions.
Amend RSA 205-D:1, II to read as follows:
II.
"Board" means the installation standards advisory board.
30 New Paragraph;
Manufactured Housing Installation Standards;
Definitions.
Amend RSA 205-D:1 by inserting after paragraph IV the following new paragraph:
IV-a.
"Executive director" means the executive director of the office of professional licensure and certification.
I.
Amendment to HB 1271 - Page 14 - I.
There is hereby created an installation standards advisory board consisting of [9] 3 members appointed by the [governor and council] executive director of the office of professional licensure and certification as follows:
There is hereby created an installation standards advisory board consisting of [9] 3 members appointed by the [governor and council] office of professional licensure and certification in consultation with the board as follows:
HB 1271 - AS INTRODUCED - Page 21 - (e) One owner or operator of a manufactured housing park with more than 100 lots, nominated by the New Hampshire Manufactured Housing Association.
(e) One owner or operator of a manufactured housing park with more than 100 lots, nominated by the New Hampshire Manufactured Housing Association.
Each member shall serve a 3-year term and until a successor is appointed and qualified and shall serve no more than 2 full terms.
Each member shall serve a [3-year] 4-year term and until a successor is appointed and qualified and shall serve no more than 2 consecutive full terms.
To reduce workforce barriers and provide state supervision over regulatory bodies comprised of active market participants, the responsibility for implementation of this chapter shall be transferred to the executive director of the office of professional licensure and certification.
The responsibility for implementation of this chapter shall be transferred to the office of professional licensure and certification.
The executive director shall consult with the advisory board established when implementing this chapter.
The office of professional licensure and certification shall consult with the advisory board established when implementing this chapter.
Rules in effect upon the effective date of this section shall remain in effect until repealed by the executive director of the office of professional licensure and certification or until the rules expire, whichever occurs first.
Rules in effect upon the effective date of this section shall remain in effect until repealed by the office of professional licensure and certification or until the rules expire, whichever occurs first.
[Repealed.]] 32 Manufactured Housing Installation Standards;
[Repealed.]] Amend the bill by replacing section 32 with the following:
Amendment to HB 1271 - Page 15 - 32 Manufactured Housing Installation Standards;
The duties of the executive director, in consultation with the advisory board, shall be to:
The duties of the office of professional licensure and certification, in consultation with the advisory board, shall be to:
33 Manufactured Housing Installation Standards;
Installation Standards.
Amend RSA 205-D:4, III to read as follows:
III.
Installers shall have the option of installing manufactured housing in accordance with one of the following standards:
(a) New Hampshire installation standards as developed by the executive director, in consultation with the advisory board.
(b) A design prepared by a registered professional engineer or architect for the site.
HB 1271 - AS INTRODUCED - Page 22 - (c) The manufacturer's installation instructions, provided that such instructions meet or exceed the New Hampshire installation standards as developed by the executive director, in consultation with the advisory board.
34 Manufactured Housing Installation Standards;
Inspectors.
Amend RSA 205-D:5 to read as follows:
205-D:5 Inspectors.
The local enforcement agency, or if there is no local enforcement agency, the [board or the board's designee] executive director or the executive director's designee, shall:
Assure compliance with the Federal Manufactured Housing Construction and Safety Standard, including compliance with the standard as amended by the Manufactured Housing Improvement Act of 2000, Public Law 106-569.
(a) Conduct appropriate inspections to ensure compliance throughout the state with installation practices consistent with the provisions of this chapter and rules promulgated hereunder.
(b) Enter any premises on which an installation is being or has been completed subject to regulation under this chapter for the purpose of making such inspection as is necessary to carry out his or her duties under this chapter.
Inspections shall be done prior to occupancy of the manufactured house.
(c) Order the correction of any violation of this chapter, or rule adopted under this chapter.
(d) Order any installer to discontinue installation until the violations are corrected.
(e) Approve the continuation of work on the installation upon being satisfied that violations have been corrected.
(f) Issue a certificate of compliance upon satisfaction that a manufactured house has been installed in compliance with this chapter and the rules promulgated under this chapter.
Whenever a local enforcement agency, or if there is no local enforcement agency, the [board or the board's designee] executive director or the executive director's designee orders the correction of a violation under subparagraph I(c), he or she shall immediately notify the [board] office.
Establish uniform manufactured housing installation standards in order to protect the quality, durability, safety, and affordability of manufactured housing in this state.
A certificate of compliance shall be required for occupancy.
Adopt rules to adequately license and train manufactured housing installers in order to ensure the proper performance of the house and protect the safety and welfare of the public.
Any installer aggrieved under the provisions of this section may file a complaint [in accordance with RSA 205-D:6].
Ensure compliance with state installation standards by conducting appropriate inspections of the installation of manufactured housing.
35 Manufactured Housing Installation Standards;
V.
License Required.
Provide a fair and effective recourse for consumers relative to installation standards;
Amend RSA 205-D:7 to read as follows:
and provide a dispute resolution program for timely resolution of disputes between manufacturers, retailers, and installers of manufactured houses regarding responsibility, and for the issuance of appropriate orders, for the correction or repair of defects in manufactured houses that are reported during the one year period beginning on the date of installation.
205-D:7 License Required.
Amend RSA 205-D:5, II as inserted by section 34 of the bill by replacing it with the following:
No person shall install any manufactured house subject to the provisions of this chapter without first obtaining a license from the [board] executive director of the office of professional licensure and certification as required by this chapter.
36 Manufactured Housing Installation Standards;
Qualifications for License.
Amend RSA 205- D:8 to read as follows:
205-D:8 Qualifications for License.
HB 1271 - AS INTRODUCED - Page 23 - The [board] executive director shall issue a license to any applicant who at a minimum:
I.
Has attained the age of 18;
Has 2 years experience as a manufactured housing installer or [proves to the board's satisfaction] equivalent installation experience as determined by rules adopted by the executive director pursuant to RSA 541-A;
Whenever a local enforcement agency, or if there is no local enforcement agency, the [board or the board's designee] executive director of the office of professional licensure and certification or the executive director's designee orders the correction of a violation under subparagraph I(c), he or she shall immediately notify the [board] executive director.
III.
Amend the bill by replacing section 50 with the following:
Has successfully completed 6 hours of training on installation standards;
and IV.
Complies with the requirements of RSA 205-D:10.
37 Manufactured Housing Installation Standards;
Bond Required.
Amend RSA 205-D:9, I to read as follows:
I.
The [board] executive director shall not issue a license to any person unless the person or his or her employer on his or her behalf has posted a surety bond or letter of credit to be held by the state treasurer in an amount to be determined by the [board] executive director.
No surety bond or letter of credit shall be accepted unless it is with a surety company authorized to do business in this state.
The surety may cancel the bond or letter of credit at any time upon giving 30 days' written notice to the board.
38 Manufactured Housing Installation Standards;
Application for License.
Amend RSA 205- D:10 to read as follows:
205-D:10 Application for License.
I.
Applications for licenses shall be made on forms adopted by the [board] executive director.
II.
Applications for licensure shall be accompanied by proof of the surety bond required by this chapter, and payment of the license fee.
[III.
The board may require each applicant to provide additional information about the applicant's background and trustworthiness as is reasonably necessary.] 39 Manufactured Housing Installation Standards;
Expiration and Renewal.
Amend RSA 205- D:11 to read as follows:
205-D:11 Expiration and Renewal.
I.
[All licenses issued by the board shall expire on the last day of the month of the licensee's birth in the third year following the year of issuance, but may be renewed during the following month, retroactive to the first day of the month.
Upon failure to pay the renewal fee within the required period, a licensee may renew his or her license by submitting the required fee plus $10 before the last day of the second month following the month of his or her birth.
II.] Persons licensed as installers are eligible for renewal of their licenses if they:
(a) Are not in violation of this chapter;
(b) Meet any requirements for continuing education established by the [board] executive director in rules adopted pursuant to RSA 541-A;
and (c) Submit evidence that a surety bond required under RSA 205-D:9 is in force.
HB 1271 - AS INTRODUCED - Page 24 - 40 Manufactured Housing Installation Standards;
Warranty Seal.
Amend RSA 205-D:17 to read as follows:
205-D:17 Warranty Seal.
In order to keep record of and verify the proper installation of manufactured homes, no manufactured house may be installed in this state until the manufacturer or an installer licensed by the [board] executive director has obtained a warranty seal from the [board] executive director and attached the seal to the manufactured house.
41 Manufactured Housing Installation Standards;
Rulemaking Authority.
Amend RSA 205- D:20 to read as follows:
205-D:20 Rulemaking Authority.
The executive director, with the advice of the advisory board, shall be authorized, pursuant to RSA 541-A, to adopt rules relative to:
I.
The establishment of uniform manufactured housing installation standards.
[II.
The design and content of all forms and applications required under this chapter.
III.
The application procedure for a license to practice under this chapter.
IV.] II.
The qualifications of license applicants set under this chapter.
[V.] III.
How an applicant shall be trained, including the minimum education requirements and training standards.
[VI.
How a license to practice under this chapter shall be renewed, including any requirements for continuing education.
VII.
The establishment of fees required under this chapter.] [VIII.] IV.
Ethical and professional standards required to be met by each holder of a license to practice under this chapter and how disciplinary actions by the board shall be implemented for violations of these standards.
[IX.
[Repealed.] X.
Procedures for the conduct of hearings consistent with the requirements of due process.
XI.
The establishment of a program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured housing regarding responsibility, for the issuance of appropriate orders, and for the correction or repair of defects in manufactured houses that are reported during the one year period following the date of installation.] [XII.] V.
The establishment of bond and letter of credit requirements under RSA 205-D:9.
42 Repeal.
The following are repealed:
I.
RSA 205-D:12, relative to fees.
II.
RSA 205-D:15, relative to penalty.
III.
RSA 205-D:19, relative to federal funds and other funding sources.
43 Massage Therapists and Massage Establishments;
Regulation of Massage Therapists and Massage Establishments.
Amend RSA 328-B:1 to read as follows:
HB 1271 - AS INTRODUCED - Page 25 - 328-B:1 Regulation of Massage Therapists and Massage Establishments.
The general court, to protect the health, safety, and welfare of the people of the state of New Hampshire, establishes a regulatory program for massage therapists, including establishing basic qualifications for licensure of massage therapists, individuals providing reflexology, structural integration, or Asian bodywork services.
To promote efficiency and economy, eliminate redundancies in licensure requirements, reduce administrative costs, and facilitate customer service, the advisory boards previously established in RSA 328-B and RSA 328-H shall be combined to provide consultation to the executive director under one advisory board.
44 Massage Therapists and Massage Establishments;
Definitions.
Amend RSA 328-B:2 II to read as follows:
II.
"Advisory board" means the advisory board of massage therapists, reflexology, structural integration, and Asian bodywork therapists.
45 Massage Therapists and Massage Establishments;
Advisory Board of Massage Therapists, Reflexologists, Structural Integrators, and Asian Bodywork Therapists.
Amend RSA 328-B:5 to read as follows:
328-B:5 Advisory Board of Massage Therapists, Reflexologists, Structural Integrators, and Asian Bodywork Therapists.
The executive director shall establish the advisory board of massage therapists, reflexologists, structural integrators, and Asian bodywork therapists.
The board shall consist of [3] 2 massage therapists, 1 reflexologist, 1 structural integrator, and 1 Asian bodywork therapist, who are licensees in the state of New Hampshire.
The members shall be appointed for 3 years, staggered so that the term of one member expires each year, and they shall hold office until successors are appointed, and shall serve on the board without any compensation.
In no event shall a member serve more than 2 full consecutive terms.
The board shall[:] advise the executive director regarding the implementation of this chapter and RSA 328-H.
[I.
Review the qualifications of applicants for licenses.
II.
Review the qualifications of individuals desiring to conduct massage workshops or seminars who are not licensed in this state.
III.
Review the continuing education programs for licensees.
IV.
Advise the executive director regarding the implementation of this chapter.] 46 Reflexologists, Structural Integrators, and Asian Bodywork Therapists;
Definitions.
Amend RSA 328-H:2, II to read as follows:
II.
"Board" means the advisory board of massage therapy, reflexology, structural integration, and Asian bodywork therapy established in RSA 328-B:5.
47 Reflexologists, Structural Integrators, and Asian Bodywork Therapists;
Powers and Duties of the Executive Director;
Rulemaking.
Amend RSA 328-H:5, VII to read as follows:
HB 1271 - AS INTRODUCED - Page 26 - VII.
Establish and appoint an advisory board of massage therapy, reflexology, structural integration, and Asian bodywork therapy, as provided in RSA 328-B:5 and RSA 328-H:6.
48 Reflexologists, Structural Integrators, and Asian Bodywork Therapists;
Powers and Duties of the Executive Director;
Rulemaking.
Amend RSA 328-H:5, VIII to read as follows:
VIII.
Pursuant to RSA 541-A, adopt rules relative to:
[(a) Late fees and reinstated license fees.
(b)] (a) The contents of license application forms.
[(c)] (b) The qualifications required for practitioners which shall include certification from national certifying agencies, provided that the certifying agencies has been approved by the executive director or as otherwise set forth in this chapter.
[(d) Procedures for licensing to include new, renewal, reinstated, and lapsed licenses.] [(e)] (c) The form, content, deadlines, and retention of sworn reports required from licensees.
[(f)] (d) Exemptions from licensure under RSA 328-H:13.
[(g)] (e) Waiver provisions as necessary to implement this chapter.
[(h) Procedures for denial, suspension, revocation, and reinstatement of a license.
(i)] (f) A schedule of administrative fines which may be imposed under RSA 328-H:15 for violation of this chapter or the rules adopted pursuant to it.