HB 665 - AS INTRODUCED
2001 SESSION
08/10
HOUSE BILL 665
AN ACT protecting licensed professionals from retaliation from their licensing boards for criticism of board practices.
COMMITTEE: Executive Departments and Administration
This bill provides that a licensing board may not refuse to renew, or deny, revoke or suspend a license of a licensed professional on the basis of the licensed professional having criticized the licensing 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
01-0680
08/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand One
AN ACT protecting licensed professionals from retaliation from their licensing boards for criticism of board practices.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraphs; Whistleblowers' Protection Act; Definitions. Amend RSA 275-E:1 by inserting after paragraph III the following new paragraphs:
IV. "License" means a license, privilege, certification, registration, bar membership, permit, or other document evidencing admission to or granting authority to engage in a profession, occupation, or business.
V. "Licensed professional" means any individual holding a license, as defined in paragraph IV.
VI. "Licensing board" means any department, bureau, board, commission, bar association, state agency, or other licensor that has authority to issue licenses authorizing a person to engage in a profession, occupation, or business.
2 New Section; Whistleblowers' Protection Act; Protection of Licensed Professionals. Amend RSA 275-E by inserting after section 3 the following new section:
275-E:3-a Protection of Licensed Professionals. No licensing board shall refuse to renew, or deny, revoke or suspend a license of a licensed professional on the basis of the licensed professional having verbally or in writing criticized the licensing board or any practice of the licensing board.
3 Whistleblowers' Protection Act; Rights and Remedies. Amend RSA 275-E:4, I to read as follows:
I. Any employee who alleges a violation of rights under RSA 275-E:2 or 3 or any licensed professional who alleges a violation of rights under RSA 275-E:3-a, and who has first made a reasonable effort to maintain or restore such employee's or licensed professional's rights through any grievance procedure or similar process available at such employee's place of employment or with such licensed professional's licensing board, may obtain a hearing with the commissioner of labor or a designee appointed by the commissioner. Following such hearing, the labor commissioner or the designee appointed by such commissioner shall render a judgment on such matter, and shall order, as the commissioner or his designee considers appropriate, reinstatement of the employee, the payment of back pay, fringe benefits and seniority rights, renewal or reinstatement of a license, any appropriate injunctive relief, or any combination of these remedies.
4 Effective Date. This act shall take effect January 1, 2002.