SB 185-FN - AS AMENDED BY THE SENATE
03/06/2025 0512s
2025 SESSION
25-0964
09/05
SENATE BILL 185-FN
AN ACT relative to office of professional licensure and certification investigations.
SPONSORS: Sen. Pearl, Dist 17; Sen. Lang, Dist 2; Sen. Reardon, Dist 15; Sen. Innis, Dist 7; Sen. Rochefort, Dist 1; Sen. Rosenwald, Dist 13; Sen. McGough, Dist 11; Sen. Watters, Dist 4; Sen. Murphy, Dist 16; Sen. Perkins Kwoka, Dist 21; Sen. Ricciardi, Dist 9; Rep. C. McGuire, Merr. 27; Rep. Grote, Rock. 24; Rep. Moffett, Merr. 4; Rep. See, Merr. 26; Rep. Cambrils, Merr. 4
COMMITTEE: Executive Departments and Administration
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ANALYSIS
This bill puts time limitations on investigations conducted by the office of professional licensure and certification in response to allegations of professional misconduct.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/06/2025 0512s 25-0964
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Five
AN ACT relative to office of professional licensure and certification investigations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Office of Professional Licensure and Certification; Complaints and Investigations. Amend RSA 310:9, II through III to read as follows:
II. Upon receipt of an allegation of professional misconduct, within 30 days, the office shall determine whether the allegation states a claim of professional misconduct on its face.
(a) If the office determines that the allegation does not state a claim, it shall make a recommendation to the board at its next regularly scheduled meeting for dismissal. The board shall review the office's recommendation and dismiss the allegation if it agrees with the office's recommendation. Each board shall dismiss a complaint if the board concludes that the allegations do not state a claim of professional misconduct.
(b) If the office determines that the allegation does state a claim on its face, the office shall proceed under paragraph III.
III. Notwithstanding any other law to the contrary, the office shall investigate allegations of misconduct by licensees (a) upon its own initiative or (b) upon confirmation that a written complaint alleging misconduct of a licensed or unlicensed individual or entity of a profession regulated under the office should be investigated. The office shall have 90 days to complete the investigation and report to the board at its next regularly scheduled meeting. If the investigation is incomplete, the board at its own discretion may either instruct the office to continue with its investigation or make a final determination on the claim within 60 days of receipt.
I. RSA 310:9, III as inserted by section 1 of this act shall take effect March 1, 2026.
II. The remainder of this act shall take effect 60 days after its passage.
25-0964
Revised 3/21/25
SB 185-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2025-0512s)
AN ACT relative to office of professional licensure and certification investigations.
FISCAL IMPACT: This bill does not provide funding, nor does it authorize new positions.
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Estimated State Impact | |||||||
| FY 2025 | FY 2026 | FY 2027 | FY 2028 | |||
Revenue | $0 | Indeterminable | Indeterminable | Indeterminable | |||
Revenue Fund(s) | Office of Professional Licensure and Certification Fund | ||||||
Expenditures* | $0 | Indeterminable Increase ($500,000 to $1,000,000) | Indeterminable Increase ($500,000 to $1,000,000) | Indeterminable Increase ($500,000 to $1,000,000) | |||
Funding Source(s) | Office of Professional Licensure and Certification Fund | ||||||
Appropriations* | $0 | $0 | $0 | $0 | |||
Funding Source(s) | None | ||||||
*Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill | |||||||
METHODOLOGY:
This bill puts time limitations on investigations conducted by the Office of Professional Licensure and Certification (OPLC) in response to allegations of professional misconduct. Within 30 days of receiving an allegation of professional misconduct, the OPLC shall determine whether the allegation constitutes a claim of professional misconduct. If the Board agrees it does constitute a claim, the OPLC has 90 days to complete an investigation and report to the Board it's findings by the Board's next regularly scheduled meeting. The Board has the ability to make a final determination or extend the investigation if the investigation is incomplete after the 60 days.
The OPLC indicates that in order to comply with the statutory time limits in this legislation they would need to add five new investigative paralegals, one paralegal, and an off-schedule physician investigator for the Board of Medicine. However, legislation does not provide funding nor does it authorize new positions.
Additionally, the OPLC anticipates having to raise fees for all boards by an indeterminable increase to offset the costs of the new positions. The anticipated fiscal impact from the OPLC is in the amount of $500,000 to $1,000,000.
The position salaries are estimated as follows with the additional cost of $50,000 total for equipment and other office supplies as well as an off-schedule physician investigator with the estimated starting salary at approximately $140,114.
INVESTIGATIVE PARALEGAL(S) | |||
| FY 2026 | FY 2027 | FY 2028 |
Total Salary and Benefits (Rounded) | $117,000 | $118,000 | $123,000 |
Total Number of Positions | 5 | 5 | 5 |
Total Cost for All Positions | $585,000 | $590,000 | $615,000 |
PARALEGAL II | |||
| FY 2026 | FY 2027 | FY 2028 |
Total Salary and Benefits (Rounded) | $96,000 | $98,000 | $101,000 |
Total Number of Positions | 1 | 1 | 1 |
Total Cost for All Positions | $96,000 | $98,000 | $101,000 |
It is assumed that any fiscal impact would occur after FY 2025.
AGENCIES CONTACTED:
Office of Professional Licensure and Certification