HB624: relative to penalties in certain health and health-related professions.

CHAPTER 76

HB 624-FN – FINAL VERSION

18Jan2006… 0201h

2006 SESSION

05-0351

08/10

HOUSE BILL 624-FN

AN ACT relative to penalties in certain health and health-related professions.

SPONSORS: Rep. Hunt, Ches 7; Rep. O’Neil, Rock 15

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill increases penalties in certain health and health-related professions.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

18Jan2006… 0201h

05-0351

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to penalties in certain health and health-related professions.

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

76:1 Audiologist; Penalties. RSA 137-F:32 is repealed and reenacted to read as follows:

137-F:32 Penalties.

I. Any person who shall practice or attempt to practice as an audiologist or hearing aid dealer in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.

II. Any person who violates any other provision of this chapter or any rule adopted by the board under this chapter, or who knowingly makes a false statement in an application for licensure or in response to any inquiry of the board shall be guilty of a violation. Upon conviction of a second or subsequent violation under this chapter, the person shall be guilty of a class A misdemeanor.

76:2 Child Day Care Provider; Penalties. RSA 170-E:21 is repealed and reenacted to read as follows:

170-E:21 Penalty.

I. Any natural person shall be guilty of a class A misdemeanor, and any other person shall be guilty of a felony, who conducts, operates, or acts as a child day care agency without a license or permit to do so in violation of RSA 170-E:4, I.

II. Any person shall be guilty of a misdemeanor who:

(a) Makes materially false statements to obtain or retain a license or permit.

(b) Fails to keep the records and make the reports required under this subdivision.

(c) Is required to obtain a license or permit under this subdivision and who advertises or causes to be published an advertisement soliciting a child for child day care which is not authorized by any license or permit held.

(d) Violates any other provision of this subdivision or any rule adopted under RSA 541-A by the commissioner for the enforcement of this subdivision.

III. Each day a violation continues to exist shall constitute a separate offense.

76:3 Barbering, Cosmetology, and Esthetics; Penalties. RSA 313-A:9 is repealed and reenacted to read as follows:

313-A:9 Licensure Required.

I. It shall be a class A misdemeanor for any natural person, and a felony for any other person, to engage in any practice regulated by this chapter without the appropriate license.

II. It shall be a misdemeanor for any person to:

(a) Operate a barbershop, salon, or school unless such establishment is at all times under the direct supervision and management of a professional licensed under this chapter.

(b) Hire or employ any person to engage in a practice regulated by this chapter, unless such person then holds a valid license or a temporary permit issued by the board to practice the respective profession.

(c) Operate a school, unless it has been licensed by the board and is operated according to rules adopted by the board.

(d) Engage in the instructing of any activity licensed by this chapter without holding an appropriate license issued under this chapter.

76:4 Body Art; Penalties. RSA 314-A:12 is repealed and reenacted to read as follows:

314-A:12 Violations; Penalty.

I. Any person who shall practice or attempt to practice body piercing, branding, or tattooing in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.

II. Any person who violates any other provision of this chapter, or rules adopted pursuant to this chapter, shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person, for a first offense. A person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, for any subsequent offense. Each day of violation after the first day of violation shall be considered a subsequent violation.

76:5 Chiropractors; Penalties. Amend RSA 316-A:25, II to read as follows:

II. No person shall practice chiropractic as defined in this chapter without first obtaining a license from the board; provided that nothing in this chapter shall prohibit persons licensed under any other provision of New Hampshire law from performing activities within the scope of such a license. Any natural person who violates this paragraph shall be guilty of a class A misdemeanor and any other person shall be guilty of a felony.

76:6 Embalmers and Funeral Director; Penalties. RSA 325:43 is repealed and reenacted to read as follows:

325:43 Penalty.

I. A person shall be guilty of a class A misdemeanor if a natural person, or a felony if any other person, who:

(a) Performs embalming without being licensed under this chapter.

(b) Makes funeral arrangements, unless such person is a funeral director, next-of-kin as defined in RSA 290:16, IV, or designated agent under RSA 290:17.

II. A person shall be guilty of a class B misdemeanor if a natural person, or a felony if any other person, who:

(a) Being in the funeral business, employs an unlicensed person, other than an apprentice, to make funeral arrangements or perform embalming, unless the person is exempted under this chapter.

(b) Fraudulently procures a license under this chapter.

(c) Violates any provision of this chapter or rule adopted by the board.

76:7 Nursing; Practicing Without a License. Amend RSA 326-B:41, II to read as follows:

II. Practice as a licensee without a license or when the license to do so has been revoked or suspended or when the license to do so has lapsed.

76:8 New Section; Nursing Practice Act; Penalties. Amend RSA 326-B by inserting after section 41 the following new section:

326-B:41-a Penalty.

I. Any person who shall practice or attempt to practice as a registered nurse, advanced registered nurse practitioner, licensed practical nurse, or licensed nursing assistant in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.

II. Any person who violates any of the other provisions of this chapter shall be guilty of a misdemeanor.

76:9 Certified Midwifery; Penalties. Amend RSA 326-D:6, III to read as follows:

III. The title “certified midwife” shall be used only by persons certified under this chapter. No person shall continue to represent himself or herself as a certified midwife after certification has been suspended under this chapter. Any person whose certification under this chapter has been suspended or revoked by the council for disciplinary action under RSA 326-D:8, shall not engage in the practice of midwifery unless and until the suspension or revocation of certification has been lifted. [Any person violating any provision of this chapter shall be guilty of a violation.]

IV. Any person who shall practice or attempt to practice as a certified midwife in this state without certification shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person. Any person violating any other provision of this chapter shall be guilty of a violation.

76:10 Licensed Dietitions; Offenses. RSA 326-H:19 is repealed and reenacted to read as follows:

326-H:19 Offenses.

I. It shall be a class A misdemeanor for any natural person, and a felony for any other person to:

(a) Practice as a licensed dietitian under the guise of any diploma, permit, certificate, license, or record illegally or fraudulently obtained or issued.

(b) Impersonate in any manner a licensed dietitian by use of any title that contains the word “dietitian”, use of the abbreviation “LD”, or use any words, signs, symbols, or devices which represent a person licensed under this chapter.

II. It shall be a class B misdemeanor for any person to:

(a) Sell, fraudulently obtain, or furnish any license established under this chapter or aid and abet such conduct.

(b) Fail to notify the board of the suspension, probation, or revocation of any past or present license, certification, or registration required to practice as a dietitian in this or any other jurisdiction.

(c) Make false representations or impersonate or act as proxy for another person or allow or aid any person to impersonate him or her in connection with any examination or application for licensure or request to be licensed.

(d) Violate any other provision of this chapter.

76:11 Interpreters for the Deaf; Penalties RSA 326-I:18 is repealed and reenacted to read as follows:

326-I:18 Penalties.

I. Any person who shall practice or attempt to practice as an interpreter for the deaf and hard of hearing in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.

II. Any person who violates any other provision of this chapter or any rule adopted by the board under this chapter, or who knowingly makes a false statement in an application for licensure or in response to any inquiry of the board shall be guilty of a violation. Upon conviction of a second or subsequent violation under this chapter, the person shall be guilty of a class A misdemeanor and may, in addition, be subject to a civil penalty of up to $2,000 per offense or, in the case of a continuing offense, $250 for each day the violation continues.

76:12 Optometry; Licenses. Amend RSA 327:6 to read as follows:

327:6 Licenses; Qualifications. No person, except as otherwise provided in this chapter, shall practice optometry without a license. The board shall not issue a license to any applicant until the person has passed an examination approved by the board, and has presented satisfactory evidence in the form of affidavits properly sworn to, that the person is over 18 years of age and of good moral character, has completed a minimum of 2 years at a college of arts and sciences and has graduated from a school or college of optometry approved by the board, maintaining a minimum of 4 years in optometric training. Persons who submit an application which demonstrates that they meet the eligibility requirements of this chapter and any rules adopted by the board pursuant to RSA 541-A shall be licensed by the board.

76:13 Optometry; Penalties. Amend RSA 327:30, I to read as follows:

I. Any natural person who shall violate any of the provisions of this chapter shall be guilty of a class A misdemeanor, or guilty of a felony if any other person.

76:14 Physician Assistants; Penalties. Amend RSA 328-D:13 to read as follows:

328-D:13 Penalty.

I. Any person who, not being licensed or otherwise authorized according to the law of this state, shall advertise oneself or hold oneself out as a physician assistant, or any person who does such act after receiving notice that such person’s license has been revoked, shall be guilty of a misdemeanor.

II. Any person who shall practice or attempt to practice as a physician assistant in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.

76:15 Naturopathetic Practice; Penalties. Amend RSA 328-E:14, I to read as follows:

I. Whoever, not being licensed as provided in this chapter, shall advertise oneself or in any way hold oneself out as qualified to practice naturopathy, or shall practice naturopathy, or whoever does so after receiving notice that one’s license has been revoked, and whoever, being licensed as provided in this chapter, shall advertise or call oneself or allow oneself to be advertised or called a physician or a doctor, or use any physician’s or doctor’s insignia as such, except “Doctor (name of naturopath), naturopath,” or (name) “doctor of naturopathy”, or (name) “naturopathic doctor,” or (name) “doctor of naturopathic medicine,” shall be guilty of a class A misdemeanor if a natural person and guilty of a felony if any other person and, upon conviction, shall, if licensed, have such license revoked.

76:16 Allied Health Professionals; Penalties. Amend RSA 328-F:27, III to read as follows:

III. Unauthorized practice is punishable as a class A misdemeanor [on the first offense by an individual or entity, as a misdemeanor on subsequent offenses] by an individual, and as a felony [on subsequent offenses] by an entity.

76:17 Acupuncture; Penalties. Amend RSA 328-G:14 to read as follows:

328-G:14 Penalties. It shall be a class [B] A misdemeanor for any natural person, and a felony if any other person, to violate RSA 328-G:9.

76:18 Physicians; Penalties. Amend RSA 329:24 to read as follows:

329:24 Unlawful Practice. Whoever, not being licensed or otherwise authorized according to the law of this state, shall advertise oneself as practicing medicine, or shall practice medicine, according to the meaning of RSA 329, or in any way hold oneself out as qualified so to do, or call oneself a “physician,” or whoever does any such acts after receiving notice that such person’s license has been revoked, [shall be guilty of a misdemeanor for the first offense; and for any subsequent offense, the person] shall be guilty of a class A misdemeanor if a natural person, or guilty of a felony if any other person.

76:19 Mental Health Professionals; Penalties. Amend RSA 330-A:23, II to read as follows:

II. Except as otherwise provided in this chapter, any person who violates paragraph I or paragraph III of this section or who violates any of the other provisions of this chapter relating to psychology, pastoral psychotherapy, clinical social work, clinical mental health counseling, or marriage and family therapy, or, having had his or her license suspended or revoked, shall continue to represent himself or herself as a licensed psychologist, pastoral psychotherapist, clinical social worker, clinical mental health counselor, or marriage and family therapist, or as a psychotherapist, shall be guilty of a class [B] A misdemeanor if a natural person, and a felony if any other person, and each violation shall be deemed a separate offense.

76:20 Alcohol and Drug Counselor; Penalties. Amend RSA 330-C:4, II-III to read as follows:

II. No person shall represent oneself, or practice as a licensed alcohol and drug counselor or as a licensed clinical supervisor unless such person holds the appropriate license issued under this chapter.

III. A person who violates the provisions of this section shall be guilty of a class A misdemeanor if a natural person, and guilty of a felony if any other person, and each violation shall be deemed a separate offense. The board may enforce the provisions of paragraph II by seeking injunctive relief from the superior court.

76:21 New Subparagraph; Interpreters For The Deaf And Hard Of Hearing; Exemptions. Amend RSA 326-I:7, IV by inserting after subparagraph (e) the following new subparagraph:

(f) Court reporters certified under RSA 331-B while employed as court reporters as defined in RSA 331-B:2, III.

76:22 Effective Date. This act shall take effect July 1, 2006.

Approved: May 2, 2006

Effective: July 1, 2006