New Hampshire-2020-SB729-Amended - LegiScan

SB 729-FN - AS AMENDED BY THE SENATE

03/11/2020 1083s

2020 SESSION

20-2838

10/05

SENATE BILL 729-FN

AN ACT relative to the board of medical imaging and radiation therapy.

SPONSORS: Sen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Bradley, Dist 3; Rep. P. Schmidt, Straf. 19; Rep. Grote, Rock. 24

COMMITTEE: Executive Departments and Administration

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ANALYSIS

This bill adds cardiac electrophysiology specialist and cardiovascular invasive specialist to the licenses administered by the medical imaging and radiation therapy board. The bill also adds a requirement for a criminal history records check for medical imaging and radiation therapy license applicants, and modifies procedures for the board.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/11/2020 1083s 20-2838

10/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to the board of medical imaging and radiation therapy.

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

1 New Paragraphs; Definitions Added; Medical Imaging and Radiation Therapy. Amend RSA 328-J:1 by inserting after paragraph I the following new paragraphs:

I-a. “Cardiac electrophysiology specialist” means the individual who assists a physician with diagnosing and treating the electrical activities of the heart, including procedures involving invasive (intracardiac) catheter recording of spontaneous activity as well as of cardiac responses to programmed electrical stimulation (PES).

I-b. “Cardiovascular invasive specialist” means the individual who assists a physician with cardiac catheterization procedures which can determine if a blockage exists in the blood vessels that supply the heart muscle and can help diagnose and treat other problems.

2 Board; Quorum. Amend RSA 328-J:6 to read as follows:

328-J:6 Organization and Meetings. The board shall hold meetings at least 2 times per year. Other meetings of the board shall be held at such times and upon such notice as the rules of the board provide. [Four members shall constitute] A quorum of the board shall be described in RSA 21:15.

3 New Sections; Criminal History Records; Disciplinary History. Amend RSA 328-J by inserting after section 7 the following new sections:

328-J:7-a Criminal History Record Checks.

I. The board of medical imaging and radiation therapy shall require criminal background checks for initial licensure, reinstatement of licensure or temporary licensure using a criminal history record release form, as provided by the New Hampshire division of state police which authorizes the release of his or her criminal history record, if any, to the board of medical imaging and radiation therapy.

(a) The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board of medical imaging and radiation therapy may, in lieu of the criminal history records check, accept police clearances from every city, town or county where the person has lived during the past 5 years.

(b) The board of medical imaging and radiation therapy shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the public conviction criminal history records to the board of medical imaging and radiation therapy.

II. The board of medical imaging and radiation therapy shall review the criminal record information prior to making a decision on licensure and shall maintain the confidentiality of all criminal history records received pursuant to this section.

III. The applicant shall bear the cost of all criminal history record checks.

IV. The board shall consider military security clearance for an individual actively serving in any component of the Department of Defense in lieu of criminal background checks.

328-J:7-b Records of Licensees and Disciplinary History.

I. The board shall maintain an electronic record of living or deceased persons who have ever been licensed to practice. The list shall show the last known place of employment, the last known place of residence, the number of the license, the most recent date of issuance, renewal, or reinstatement of the license, and the date the license lapsed if applicable. No information shall be put on a list to be transferred to another entity for commercial use without the permission of the person to whom the information applies.

II. The board shall maintain a list of persons against whom the board has taken any disciplinary action. This list shall include the name of the person, the reason for the disciplinary action, the date of the disciplinary action, and the nature of the disciplinary action.

4 New Paragraphs; Medical Imaging and Radiation Therapy; Licenses Added. Amend RSA 328-J:11 by inserting after paragraph VII the following new paragraphs:

VIII. Cardiac electrophysiology specialist licensure. To qualify for a license as a cardiac electrophysiology specialist, an applicant shall meet the following requirements:

(a) Be at least 18 years of age;

(b) Have obtained a high school diploma or have passed an approved equivalency test;

(c) Successfully complete a course of study in cardiac electrophysiology approved by the board; and

(d) Possess current certification in cardiac electrophysiology from Cardiovascular Credentialing International or a certifying organization approved by the board.

IX. Cardiovascular invasive specialist license. To qualify for a license as a cardiovascular invasive specialist, an applicant shall meet the following requirements:

(a) Be at least 18 years of age;

(b) Have obtained a high school diploma or have passed an approved equivalency test;

(c) Successfully complete a course of study in cardiovascular invasive procedures approved by the board; and

(d) Possess current certification in cardiovascular invasive procedures from Cardiovascular Credentialing International or a certifying organization approved by the board.

X. Computed tomography license. To qualify for a license in computed tomography, an applicant shall meet the following requirements:

(a) Be at least 18 years of age;

(b) Have obtained a high school diploma or have passed an approved equivalency test;

(c) Successfully complete a course of study in computed tomography approved by the board; and

(d) Possess current certification and registration in tomography from the American Registry of Radiologic Technologists or a certification organization approved by the board.

5 Applications; Temporary Licensure. Amend RSA 328-J:13 to read as follows:

328-J:13 Applications; Temporary License.

I. Applications for licensure or for a temporary license shall be [on forms] in the manner prescribed [and furnished by the board] by the office of professional licensure and certification, shall contain statements made under oath, showing the applicant's education and a detailed summary of the applicant's technical work. The [board] office of professional licensure and certification shall establish fees for application and any examination required under this chapter. If the board denies the issuance of a license or a temporary permit to any applicant, any initial fee deposited shall be retained as an application fee.

II. The board may issue a temporary license to any person whose certification and registration is pending [or when issuance is for the purpose of providing medical imaging or radiation therapy services to medically underserved areas as determined by the board] for a period not to exceed 120 days. A temporary license shall be issued only if the board finds that it will not violate the purpose of this chapter or endanger the public health and safety. [A temporary license shall expire 90 days after the date of the next examination if the applicant is required to take an examination. If the applicant does not take the examination on the scheduled date, the temporary license shall expire. In all other cases, a temporary license shall expire when the determination is made either to issue or deny the applicant a regular license. A temporary license shall not be issued for a period longer than 180 days.]

II-a. If an applicant is required to take an examination, the board may issue a temporary license for a period not to exceed 90 days after the date of the next examination. If the applicant does not take the examination on the scheduled date, the temporary license shall expire.

II-b. In all other cases, a temporary license shall expire when the determination is made either to issue or deny the applicant a regular license.

III. New graduates awaiting national certification and registration may be issued a temporary license for employment purposes for a period not to exceed one year.

IV. Any person issued a license under this chapter shall display the official license document or a verified copy in each place of regular employment.

6 Effective Date. This act shall take effect 60 days after its passage.

LBAO

20-2838

Revised 1/28/20

SB 729-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the board of medical imaging and radiation therapy.

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

METHODOLOGY:

This bill creates 2 new licensure categories, cardiac electrophysiology specialist and cardiovascular invasive specialist, under the umbrella of the Board of Medical Imaging and Radiation Therapy. The Office of Professional Licensure and Certification (OPLC) states the individuals who would be licensed under these categories are already licensed under a different category within the Board's jurisdiction, so there would be no net change to the number of total licensed individuals and no net change to revenues or expenditures. The bill also provides all licensees with the option to select a criminal history background check from the Department of Safety, Division of State Police. Currently, applicants must provide an original criminal offender record report from each state where the applicant has resided or been licensed in the last 6 years pursuant to administrative rule Mirt 302.04. The cost for both types of criminal background checks are born by the applicant, so there is no cost to the OPLC.

The Department of Safety cannot estimate the number of individuals who would apply to obtain a criminal history records check, therefore the possible impact on revenues or expenditures is indeterminable. The Criminal Records Unit is implementing an online portal for criminal history records checks within the next 12 to 18 months, which would greatly limit the fiscal impact of such requirements on the Criminal Records Unit.

It is assumed the fiscal impact of this bill will not occur until FY 2021.

AGENCIES CONTACTED:

Office of Professional Licensure and Certification and Department of Safety