Threats to Professional Licensure: State List

New Hampshire

Legislation requiring the review and analysis of licensing requirements, resulting in recommendations to remove any unnecessary or overly burdensome licensing requirements. This piece of legislation does not specifically target professional engineers.
Legislative/Executive Order/Regulatory:
Legislative
Bill Number:
Status:
3/7/2018: Passed House.
3/22/2018: Ruled inexpedient to legislate by the Senate Executive Departments and Administration Committee.
Summary:

This measure seeks to create an Occupational Regulation Review Commission to determine if regulatory boards utilize the least restrictive regulations. The commission would review:

  • Occupational laws and determine which regulatory schemes, if any, shall be reformed;
  • Develop mechanisms for mandatory disclosure to consumers when a practitioner has chosen not to be licensed;
  • Provide a mechanism of enforcement if the disclosure to consumers is not properly made by an unlicensed practitioner;
  • Develop necessary legislation and report findings annually.

This bill also permits individuals with criminal records to petition a licensing board, agency, department or other state or local issuer of occupational licenses for a determination of whether the individual's record will disqualify the individual from obtaining state recognition.

On March 1st, the House Committee on Executive Departments voted 9-8 against the bill, but that recommendation was overturned on March 7th by the full House by a vote of 177-148.

On March 22nd, the Senate Executive Departments and Administration Committee voted the measure “inexpedient to legislate” which is a means to kill the measure. The measure can be overturned by the full Senate.

NSPE continues to monitor the legislation and will collaborate with the New Hampshire Society of Professional Engineers to oppose the measure.

 

“Right to Engage in a Lawful Occupation Act.” This kind of legislation seeks to establish the least restrictive means of regulating an occupation. It often proposes the elimination of licensure requirements for certain professions but does not specifically target professional engineers.
Legislative/Executive Order/Regulatory:
Legislative
Bill Number:
Status:
Ruled "inexpedient to legislate" in the House Executive Departments and Administration Committee on 2/27/2018.
Summary:

This measure establishes that all individuals should be permitted to enter any profession or occupation unless there is a demonstrated need for the state to protect the interests of the public by restricting entry into the profession or occupation. If such a need is identified, the form of regulation adopted by the state shall be the least restrictive form of regulation necessary to protect the public interest.

The measure also establishes criteria and standards for the review or enactment of professional or occupational regulation by the state to be administered by the Office of Professional Licensure and Certification. A profession or occupation shall be regulated by the state only when:

(a) It can be demonstrated that the unregulated practice of the profession or occupation can clearly harm or endanger the health, safety, or welfare of the public, and the potential for the harm is recognizable and not remote or speculative;

(b) The public can reasonably be expected to benefit from an assurance of initial and continuing professional ability; and

(c) The public cannot be effectively protected by other means.

The measure was ruled "inexpedient to legislate" during the February 27th Committee Meeting which is a means to kill the measure. If deemed so, the House of Representatives can override the committee decision. 

NSPE will continue to work with the New Hampshire Society of Professional Engineers to ensure that this legislation is defeated. 

Elimination of other occupational licenses, not including engineers.
Legislative/Executive Order/Regulatory:
Legislative
Bill Number:
Status:
Voted inexpedient to legislate on 3/8/2017.
Summary:

Establishes a committee to review occupational licensing and determine which licenses could be made optional for practitioners. The Executive Departments and Administration Committee deemed the bill inexpedient to legislate and died in committee. NSPE communicated with the New Hampshire Society of Professional Engineers to ensure the professional engineer was protected. The professional engineering community in New Hampshire was critical in defeating passage of this bill and protecting the integrity of the PE license. This measure is eligible for reconsideration during the 2018 Legislative Session.