New Hampshire - March 2022

Page 4 • New Hampshire Nursing News March, April, May 2022
LEGISLATIVE UPDATE
Legislative Advocacy and The Annual Town Hall Update
The second year of the biennial New Hampshire Legislative process began in
earnest in the fall of 2021 with the submission of over 2000 pieces of legislation
submitted for House and Senate consideration. The work of the Commission
on Government Affairs initially reviewed and prioritized over 800 pieces of
legislation with our lobbyist Shaun Thomas of the Demers and Prasol Firm.
With this preparation, the Commission on Government Affairs (CGA) held
their annual Legislative Advocacy Training to lay the groundwork for the 2022
legislative hearings. The Legislative Advocacy Committees (LACs) played a key
role in planning the Annual Town Hall and advocacy and education efforts. The
four LAC’s (see related article) culled the bills initially prioritized to just over 50
pieces of legislation for review. As expected, the majority of the bills reviewed
were related to vaccination, specifically COVID-19 mandates. During their first
work session, over 57 CGA and LAC members contributed to narrowing the
number of bills to 21 for presentation at the January 18, 2022, NHNA Legislative
Town Forum (Table 1). Each piece of legislation was thoroughly vetted, scanning
for scientific evidence to develop NHNAs position always keeping in mind the
mission and vision of NHNA in protecting the public’s health.
Facilitated by Pamela DiNapoli, NHNA Executive Director and Marcy Doyle,
Chair of the Commission on Government Affairs, the Annual Legislative Town
Hall was held virtually on January 18th from 5:30-8:00 with 120 participants in
attendance. NHNA recognizes that attendance was lower than previous years
owing to the demands on the nursing workforce. Another reason for lower
attendance was fewer student attendees whose semester had not yet started.
There is a Zoom recording of the forum available on the NHNA website for
those interested.
The session opened with a brief review for attendees of the legislative process
given by Shaun Thomas and Dr. Doyle. A review of the American Nurses
Association’s (ANA) federal legislative priorities was provided by Mary
Benke, and Marsha Davidson. Ms. Benke and Ms. Davidson were NHNA’s
representatives to ANA’s 2021 Advocacy Institute. The two highlighted the
Future Advancement of Academic Nursing (FAAN) Act (S.246/H.R. 851), and
the important Lorna Breen Health Care Protection Act (S.610/H.R.1667). The
first piece of legislation would invest $1 billion into nursing schools, including
schools in medically underserved communities, health professional shortage
areas, and minority serving institutions. Ms. Davidson highlighted the need for
such investment noting that the “Bureau of Labor Statistics projects the need
for RNs to increase 7% and for APRNs to increase 45% by 2029.” Ms. Benke
presented the second piece that will promote mental and behavioral health
among nurses and other health care professionals specifically this ACT will:
• identify and disseminate best practices to reduce and prevent mental and
behavioral health conditions, suicide, and burnout
• increase access to evidence-based treatment for nurses and other health care
professionals
• encourage health care workers to seek assistance when needed
As we are entering the third year of the Covid-19 pandemic, it is no surprise
that the NH Legislature has filed many bills that address aspects of our public
health system. The Public Health LAC, with co-leads Katie Lajoie and Polly
Campion, was challenged with sorting through the more than 30 vaccine related
bills, as well as many others addressing potential requirements regarding invasive
testing, hospital visitation, remote access to meetings of public bodies and a
dental benefit for Medicaid beneficiaries. Each presentation aimed to share
the substance of each bill, or set of bills, in a manner that balanced the goal
of protecting human health and lives of individuals, families, communities and
populations with the potentially conflicting right to personal autonomy. The
other LACs had fewer but no less important bills to present impacting maternal
and child health, licensure, and behavioral health. Table 1 represents a list of all
the bills presented. At the conclusion of the forum attendees were asked to rank
in order of importance (1=least – 10=most) to guide CGA and LAC efforts going
forward on behalf of the membership.
TABLE 1: Legislative Town Hall Forum Bill Rankings
Bill TITLE LAC
HB1017/2013
HB1633/2049
HB1224/2361
HB1233/2426
HB1351/2631
establishing criminal penalties for
harming or threatening to harm an
essential worker.
relative to requiring COVID-19
vaccination for school attendance.
prohibiting state and local governments
from adopting certain mandates in
response to COVID-19; and prohibiting
employers and places of public
accommodation from discriminating on
the basis of vaccination status.
prohibiting higher education institutions
receiving state funds from requiring face
masks and COVID-19 vaccinations for
attendance.
prohibiting certain employers from
requiring a COVID-19 vaccination as a
condition of employment.
Mental Health/
Behavioral Health
Maternal and
Child
NHNA
Position
Support 8.36
Support 7.03
Public Health Oppose 6.92
Public Health Oppose 6.89
Public Health Oppose 6.77
Ranking
(most important
to least)
HB255
HB 1210
HB1604/2142
SB 422/HB 103
HB1332/2458
HB1014/2054
SB277/2939
HB1659
HB1030/2372
HB1260/2141
HB1379/2527
HB1358/2789
SB222/2896
HB1606/2150
HB1035/2182
relative to prohibiting vaccine mandates
by New Hampshire employers. -
RETAINED
relative to exemptions from vaccine
mandates.
including state medical facilities in the
statute providing medical freedom in
immunizations.
an act establishing an adult dental
benefit under the state Medicaid
program.
excepting public universities and
colleges from requirements under
medical freedom in immunizations.
allowing public meetings to be
conducted virtually.
relative to emergency or temporary
health care licenses.
relative to criminal history background
checks for certain health care workers.
relative to licensure by alternate
experience for licensed nursing assistant.
making immunization status a protected
class.
relative to the department of health and
human services' rulemaking authority
regarding immunization requirements.
requiring public and private employers
to establish procedures and exceptions
for the use of mandatory intrusive testing
as a condition of new or continued
employment.
permitting licensing boards to conduct
remote meetings.
making the state vaccine registry an optin
program.
relative to exemptions from school
vaccine mandates.
Public Health Oppose 6.69
Public Health Oppose 6.62
Public Health Oppose 6.57
Public Health Support 6.52
Public Health Support 6.47
Public Health Support 6.42
Practice Support 6.31
Practice Support 6.2
Practice Support 6.19
Public Health Oppose 6.18
Public Health Oppose 6.1
Public Health Oppose 6.05
Public Health Support 6
Maternal and
Child
Maternal and
Child
Oppose 5.83
Oppose 5.74
HB1439/2492 relative to hospital visitation policies. Public Health Support 4.69
Following a report on current bills, the participants were asked to opine on two issues
that NHNA has not historically advocated legislating. While NHNA has published
statements regarding these issues to inform individual member decision making, we
have not offered testimony or advocated for support or opposition. These two issues
are Cannabis and Reproductive Rights.
Reproductive Rights
Historically, right to abortion in NH has had bipartisan support. Gov. Sununu ran on a
pro-choice platform. New abortion law was signed and tied with state budget for 2022
which allowed for abortion to be ruled a felony after 24 weeks with no exception
made for rape or incest or fetal abnormalities. Further it mandates that an ultrasound
be performed to verify gestational age prior to abortion. As a result, NH Executive
Council defunded Planned Parenthood and family planning centers, which includes
sexually transmitted infection screening, contraceptive care, and cancer screening for
men and women. These current laws and actions disproportionally affect vulnerable
women, women of low socioeconomic status, Medicaid recipients, and women
of minority population. Seventy five percent of women obtaining an abortion are at
or below the federal poverty level yet NH Medicaid will not cover services for an
abortion, the ultrasound, or procedure.
Two relevant pieces of legislation have been introduced including:
• CACR18
• This is a constitutional amendment that the right to make reproductive
medical decisions is inviolate and prohibits the state and its political
subdivisions from infringing upon or unduly inconveniencing this right.
AND
• SB399
• This senate bill repeals the fetal health protection act (prohibits a health care
provider from performing an abortion after 24 weeks except in the case of a
medical emergency.) Further the bill removes felony offense which will save
the state time, money, and resources in legal and judicial fees. This reverts to
the legal status of abortions in 2021.
NHNA has not taken a formal position; however, NHNA supports legislation that is
congruent with the ANA code of ethics.
ANA statement for reproductive health issues, “Healthcare clients have the right
to privacy and the right to make decisions about personal health care based on full
information and without coercion.”
The ANA Code of Ethics provision three states that “nurses promote, advocates for, and
protects the rights, health and safety of the patient.” Provision eight and nine further state
nurses must “promote human rights, health diplomacy” and “social justice.”