HB 446-FN – AS INTRODUCED
2011 SESSION
10/05
HOUSE BILL 446-FN
AN ACT repealing the authority for regulation of certain professional occupations.
SPONSORS: Rep. Bowers, Sull 3; Rep. Kurk, Hills 7; Rep. Cohn, Merr 6; Rep. Pratt, Hills 7; Rep. Lambert, Hills 27
COMMITTEE: Executive Departments and Administration
This bill repeals the regulatory boards and authority for licensure or certification for barbering, cosmetology, and esthetics, including tanning facilities; landscape architecture; court reporting; athletic training; recreational therapy; family mediation; hunting and fishing guides; athlete agents; massage therapists; reflexologists, structural integrators, and Asian bodywork therapists; and hawkers, peddlers, and itinerant vendors.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0140
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT repealing the authority for regulation of certain professional occupations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Professional Occupations Regulation Repealed. The following are repealed:
I. RSA 313-A, relative to barbering, cosmetology, and esthetics.
II. RSA 310-A:140 through RSA 310-A:160, relative to landscape architects.
III. RSA 310-A:161 through RSA 310-A:181, relative to court reporting.
IV. RSA 326-G, relative to athletic trainers.
V. RSA 326-J, relative to recreational therapists.
VI. RSA 328-C, relative to family mediators.
VII. RSA 31:102-a, relative to local licensure of hawkers, peddlers, and itinerant vendors.
VIII. RSA 320, relative to state licensure of hawkers and peddlers.
IX. RSA 321, relative to state licensure of itinerant vendors.
X. RSA 215, relative to licensure of guides by the fish and game department.
XI. RSA 332-J, relative to athlete agents.
XII. RSA 328-B, relative to massage therapists and massage establishments.
XIII. RSA 328-H, relative to reflexologists, structural integrators, and Asian bodywork therapists.
2 Joint Board; References Deleted. Amend RSA 310-A:1 to read as follows:
310-A:1 Joint Board Established. There shall be a joint board of licensure and certification for professional engineers, architects, land surveyors, foresters, professional geologists, natural scientists, [landscape architects, court reporters,] and home inspectors consisting of each of the members of the board of professional engineers, board of architects, state board of licensure for land surveyors, foresters’ board, board of professional geologists, the board of natural scientists, [the board of landscape architects, the board of court reporters,] and the board of home inspectors. The joint board shall meet at least quarterly to carry out its duties established under this chapter.
3 Allied Health Professionals; Definitions. Amend RSA 328-F:2, II to read as follows:
II. “Governing boards” means individual licensing boards of [athletic trainers,] occupational therapy assistants, occupational therapists, [recreational therapists,] physical therapists, physical therapist assistants, respiratory care practitioners, and speech-language pathologists.
4 Allied Health Professionals; Definitions. Amend RSA 328-F:3, I to read as follows:
I. There shall be established governing boards of [athletic trainers,] occupational therapists, [recreational therapists,] respiratory care practitioners, physical therapists, and speech-language pathologists.
5 Allied Health Professionals; Renewal; Reference Deleted. Amend RSA 328-F:19, I to read as follows:
I. Initial licenses and renewals shall be valid for 2 years, except that timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until the governing board has acted on the renewal application. Licenses issued pursuant to RSA 328-A[, RSA 326-G, and RSA 326-J] shall expire in even-numbered years and licenses issued pursuant to RSA 326-C, RSA 326-E, and RSA 326-F shall expire in odd-numbered years.
6 Annulment, Divorce, and Separation; Definitions; Reference Deleted. Amend RSA 458:15-c, I(b) to read as follows:
(b) “Mediator” means a family mediator[, certified pursuant to RSA 328-C,] who has contracted with the court to participate in court-referred mediation under this section.
7 Annulment, Divorce, and Separation; Mediation Proceedings; Reference Deleted. Amend RSA 458:15-c, VII to read as follows:
VII. Mediation proceedings shall be held in private, and all communications, oral or written, made during the proceedings, which relate to the issues being mediated, whether made by the mediator, or a party, or any other person present, shall be privileged and confidential and shall not be disclosed and shall not be admissible in court[, except as provided in RSA 328-C:9].
8 Parental Rights and Responsibilities; Definitions; Reference Deleted. Amend RSA 461-A:1, III to read as follows:
III. “Mediator” means a family mediator[, certified pursuant to RSA 328-C,] who has contracted with the court to participate in court-referred mediation under this chapter.
9 Parental Rights and Responsibilities; Mediation Proceedings; Reference Deleted. Amend RSA 461-A:7, VII to read as follows:
VII. Mediation proceedings shall be held in private, and all communications, oral or written, made during the proceedings, which relate to the issues being mediated, whether made by the mediator, or a party, or any other person present, shall be privileged and confidential and shall not be disclosed and shall not be admissible in court[, except as provided in RSA 328-C:9].
10 Fish and Game Licenses; Reference to Guide License. Amend RSA 214:18-b to read as follows:
214:18-b Suspension or Revocation in Another Jurisdiction. Any person whose privilege to fish, hunt, trap, [guide,] take or land lobsters and crabs, or engage in commercial marine fishing activities has been suspended or revoked in any jurisdiction within the United States or Canada shall be prohibited from purchasing a license for such activity in this state during the period of revocation or suspension in the prosecuting jurisdiction provided the offense for which the person has been convicted is contained in title XVIII. If such person has previously purchased a license for such activity, said license shall become invalid and shall be suspended for the same period as determined in the prosecuting jurisdiction. Such person shall immediately return said license to the fish and game department. No person shall possess a license which has been suspended under this section. Any person who violates the provisions of this section shall be guilty of a violation.
11 Repeal.
I. RSA 326-I:7, IV(f) relative to an exemption for court reporters from licensure as an interpreter for the deaf or hard of hearing.
II. RSA 328-F:2, VI, relative to the definition of athletic training.
III. RSA 328-F:4, IV, relative to the athletic trainers governing board.
IV. RSA 328-F:2, IX, relative to the definition of recreational therapy.
V. RSA 328-F:4, IX, relative to recreational therapy governing board.
12 Effective Date. This act shall take effect July 1, 2011.
LBAO
11-0140
Revised 02/07/11
HB 446 FISCAL NOTE
AN ACT repealing the authority for regulation of certain professional occupations.
FISCAL IMPACT:
The Department of Health and Human Services states this bill will decrease state general fund expenditures $584,528 in FY 2012, $560,004 in FY 2013, $576,259 in FY 2014, and $593,502 in FY 2015, and decrease state general fund revenues $641,818 in FY 2012, $692,375 in FY 2013, $648,505 in FY 2014, and $707,375 in FY 2015. The Joint Board of Licensure and Certification states this bill will decrease state general fund expenditures by $12,000 in FY 2012 and each year thereafter, and decrease state general fund revenues by $24,000 in FY 2012, $27,000 in FY 2013, and $29,000 in FY 2014 and each year thereafter. The Judicial Council states this bill will decrease state general fund expenditures by $9,187 in FY 2012 and $9,196 in FY 2013, and decrease state general fund revenues by $11,484 in FY 2012 and $11,495 in FY 2013. The Secretary of State states this bill will decrease state general fund revenues by $25,000 in FY 2012 and each year thereafter. The Department of Fish and Game states this bill will decrease state fish and game fund revenue by $14,835 FY 2012 and each year thereafter. The Judicial Branch states this bill may increase state expenditures by an indeterminable amount in FY 2012 and each year thereafter. The New Hampshire Municipal Association is unable to determine the fiscal impact of this bill on local expenditures or revenues. There will be no fiscal impact on county expenditures, and county or local revenues.
METHODOLOGY:
This bill repeals the regulatory boards and authority for licensure or certification for barbering, cosmetology, and esthetics, including tanning facilities; landscape architecture; court reporting; athletic training; recreational therapy; family mediation; hunting and fishing guides; athletic agents; massage therapists; reflexologists, structural integrators, and Asian bodywork therapists; and hawkers, peddlers, and itinerant vendors.
The Department of Health and Human Services states the Board of Barbering, Cosmetology, and Esthetics; Board of Allied Health Professionals; Massage Therapy Advisory Board; and the Board of Reflexologists, Structural Integrators, and Asian Bodywork Therapists, are administratively attached to the Department. The Department states these boards will be eliminated as a result of the proposed legislation thereby decreasing state revenues generated from the licensing fees charged by the boards. The Department estimates the aggregate decrease in state revenues resulting from the elimination of these boards to be $641,818 in FY 2012, $692,375 in FY 2013, $648,505 in FY 2014, and $707,375 in FY 2015. The Department also notes state expenditures will be decreased by the costs associated with the aforementioned boards thereby decreasing state expenditures by $584,528 in FY 2012, $560,004 in FY 2013, $576,259 in FY 2014, and by $593,502 in FY 2015.
The Joint Board of Licensure and Certification states the licensure of landscape architects and court reporters currently falls under its jurisdiction. The Board states the proposed legislation’s elimination of the Boards authority to issue licenses for these professions will decrease state revenues by the amounts associated with the licensing fees and state expenditures by the associated administrative costs. The Board estimates the decrease in state revenues to be $24,000 in FY 2012, $27,000 in FY 2013, and $29,000 in FY 2014 and each year thereafter. The Board estimates the decrease in state expenditures to be $12,000 in FY 2012 and each year thereafter.
The Judicial Council states the proposed legislation will eliminate the Family Mediator Certification Board. The Council estimates the elimination of this board will decrease state revenues by the amounts associated with the board’s licensing fees, and state expenditures by the costs associated with the administration of the board. The Council estimates the proposed legislation will decrease state revenues by $11,484 in FY 2012 and by $11,495 in FY 2013. The Council estimates the proposed legislation will decrease state expenditures by $9,187 in FY 2012, and by $9,196 in FY 2013.
The Secretary of State states this bill will repeal its authority to regulate hawkers and peddlers, itinerant vendors, and athletic agents. The Secretary estimates loss of revenue from associated license fees would decrease state revenues by $25,000 in FY 2012 and each year thereafter. The Secretary notes there would be no corresponding decrease in state expenditures as a result of the proposed legislation.
The Department of Fish and Game states this bill eliminates the NH guide licenses which allow qualified persons to guide persons for the purpose of taking fish and wildlife. The Department estimates the loss of guide license revenue would decrease state fish and game fund revenue by $14,835 in FY 2012 and each year thereafter. The Department also states the proposed legislation may also have a fiscal impact on fish and game fund expenditures. Currently, guides are required to take a written test and undergo an oral review by the Department. Although, the elimination of the guide licenses would eliminate the associated expenditures, the Department states the resulting impact on the number of and quality of guides in the state may require increased enforcement efforts that would be likely to offset these savings. The Department is unable to estimate to what extent this would impact fish and game fund expenditures.
The Judicial Branch states this bill will have no direct fiscal impact on the Branch. However, the Branch notes court reporters are commonly hired by private attorneys to provide a record of depositions which in turn may be offered as evidence in court cases. The Branch states deregulation of court reporters could potentially have an adverse effect on the quality of these depositions and consequently an indeterminable fiscal impact on the Branch. The Branch also notes RSA 461-A:7 evidences legislative intent in favor of mediating family cases. The Branch states in the event that family mediators were deregulated by the proposed legislation, it would not preclude the Branch’s interest in ensuring that the mediators it appoints in family cases were qualified. Without the current regulatory mechanisms in place to assure the adequate qualifications of family mediators, the Branch would have to establish a means of vetting family mediators to assure they are properly qualified. The Branch is unable to determine the fiscal impact of implementing such a process.
The New Hampshire Municipal Association states although the proposed legislation does not affect the municipalities ability to adopt local ordinances regarding hawkers, peddlers, and itinerant vendors, and therefore does not impact local revenues; the repeal of the state licensing mechanism could potentially increase enforcement costs at the local level. The Association is unable to determine to what extent local expenditures may increase as a result of increased enforcement costs.