N.H. Code Admin. R. Ann. Sphc — Governing Board of Speech-Language Pathologists and Hearing Care Providers (renumbered from rules Spe and Hcp ).

Chapter Sphc 100 Organizational Rules

Part Sphc 101 Purpose and Scope

N.H. Code Admin. R. Ann. Sphc 101.01 Purpose {#sec-sphc-101.01 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 101.01}

These rules implement the statutory responsibilities pursuant to RSA 326-F and RSA 328-F of the governing board of speech-language pathologists and hearing care providers.

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 101.02 Scope {#sec-sphc-101.02 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 101.02}

Pursuant to RSA 326-F:2, I, these rules shall not apply to speech-language pathology students performing activities during their academic or supervised clinical practicum experience while under the supervision of a speech-language pathologist licensed in New Hampshire, and speech-language specialists certified under rules adopted by the board of education under the authority of RSA 21-N:9, II(s) unless such specialists are also licensed pursuant to RSA 326-F.

History

• #14193, eff 2-12-25

Part Sphc 102 Definitions

N.H. Code Admin. R. Ann. Sphc 102.01 American Speech-Language-Hearing Association (ASHA) {#sec-sphc-102.01 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.01}

"American Speech-Language-Hearing Association (ASHA)" means the national professional organization of speech-language pathologists and audiologists or its successors.

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.02 Audiologist {#sec-sphc-102.02 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.02}

"Audiologist" means “audiologist” as defined in RSA 326-F:1, I, namely, “any person who renders or offers to render to the public any service involving the application of principles, methods, and procedures for the measurement of testing, identification, appraisal, consultation, counseling, instruction, and research related to the development and disorders of hearing and vestibular function for the purpose of diagnosing, designing, and implementing programs for the amelioration of such disorders and conditions.”

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.03 Audiology {#sec-sphc-102.03 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.03}

"Audiology" means “audiology” as defined in RSA 326-F:1, II, namely, “the application of principles, methods, and procedures related to the development and disorders of human communication, which disorders shall include any and all conditions whether of organic or nonorganic origin, that impede the normal processes of human communication and balance including, but not limited to, disorders of hearing, vestibular function, and central auditory processing.”

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.04 Board {#sec-sphc-102.04 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.04}

"Board" means "board" as defined in RSA 326-F:1, III, namely, "the governing board of speech-language pathologists and hearing care providers established in RSA 328-F."

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.05 Certificate of Clinical Competence (CCC) {#sec-sphc-102.05 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.05}

"Certificate of Clinical Competence (CCC)" means the professional credential issued by the ASHA Council for Clinical Certification on the basis of successful completion of specified academic requirements, specified practicum requirements, an examination, and specified post-graduate professional experience.

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.06 Hearing aid {#sec-sphc-102.06 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.06}

"Hearing aid" means “hearing aid” as defined in RSA 326-F:1, IV, namely, “any wearable instrument or device designed for or offered for the purpose of or represented as aiding or compensating for impaired human hearing and any parts or attachments, including ear molds, but excluding batteries and cords or accessories thereto, or equipment, devices, and attachments used in conjunction with services provided by a public utility company.”

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.07 Hearing aid dealer {#sec-sphc-102.07 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.07}

"Hearing aid dealer" means “hearing aid dealer” as defined in RSA 326-F:1, V, namely, “any person engaged in the testing of human hearing for the purpose of selecting, fitting, or otherwise dealing in hearing aids.”

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.08 Otolaryngologist {#sec-sphc-102.08 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.08}

"Otolaryngologist" means “otolaryngologist” as defined in RSA 326-F:1, VI, namely, “a physician licensed in the state of New Hampshire who specializes in medical problems of the ear, nose, and throat, and is eligible for qualification by the American Board of Otolaryngology as an otolaryngologist.”

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.09 Practice of audiology {#sec-sphc-102.09 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.09}

“Practice of audiology” means “practice of audiology” as defined by RSA 326-F:1, VII, namely, it “means, but shall not be limited to:

(a) Screening, identifying, assessing, interpreting, diagnosing, rehabilitating, and preventing hearing disorders.

(b)

(b) Rendering to individuals or groups of individuals, who are suspected of having hearing disorders, basic and comprehensive audiological and vestibular site-of-lesion tests, including otoscopic examinations, electrophysiologic test procedures, and auditory evoked assessment.

(c) Rendering basic and comprehensive auditory and vestibular habilitative and rehabilitative services, including aural rehabilitative assessment and therapy, vestibular rehabilitative assessment and therapy, and speech and language screening.

(d) Providing basic and comprehensive audiological and psychoacoustic evaluations for the purpose of determining candidacy for amplification or assistive alerting/listening devices; providing tinnitus evaluations and therapy; providing hearing aid fitting and orientation; taking ear impressions; and providing hearing aid product dispensing, repair, and modification.

(e) Providing preoperative evaluation and selection of cochlear implant candidacy and post-implant rehabilitation.

(f) Providing occupational hearing conservation.”

History

• #14193, eff 2-12-25
• #14193, eff 2-12-25
• #14193, eff 2-12-25
• #14193, eff 2-12-25
• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.10 Rental or selling of hearing aids {#sec-sphc-102.10 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.10}

“Rental or selling of hearing aids” means “rental or selling of hearing aids” as defined by RSA 326-F:1, IX, namely, “the selection, adaptation, and sale or rental of hearing aids. Also included is the making of impressions for ear molds and instruction pertaining to the use of hearing aids;”.

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.11 Speech-language pathologist {#sec-sphc-102.11 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.11}

"Speech-language pathologist" means "speech-language pathologist" as defined in RSA 326-F:1, XII, namely, "any person who renders or offers to render to the public any service involving the application of principles, methods, and procedures for the measurement or testing, identification, appraisal, consultation, counseling, instruction and research related to the development and disorders of speech, voice or language for the purpose of diagnosing, designing, and implementing programs for the amelioration of such disorders and conditions."

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.12 Speech-language pathology {#sec-sphc-102.12 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.12}

"Speech-language pathology" means "speech-language pathology" as defined in RSA 326-F:1, XIII, namely, "the application of principles, methods, and procedures related to the development and disorders of human communication, which disorders shall include any and all conditions whether of organic or nonorganic origin, that impede the normal process of human communication including, but not limited to, disorders and related disorders of speech, articulation, fluency, voice, verbal and written language, auditory comprehension, cognition, communication, swallowing, and oral, pharyngeal or laryngeal sensorimotor competencies."

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.13 Sell {#sec-sphc-102.13 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.13}

“Sell” or “sale” means “sell” or “sale” as defined by RSA 326-F:1, X, namely, “any transfer of title or of the right of use by sale, conditional sales contract, lease bailments, hire-purchase or any other means, excluding wholesale transactions of dealers and distributors.”

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 102.14 Speech-language assistant {#sec-sphc-102.14 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 102.14}

"Speech-language assistant" means “speech-language assistant”, as defined in RSA 326-F:1, XI. The term includes speech-language pathology assistant.

History

• #14193, eff 2-12-25

Part Sphc 103 Description of the Board and Public Requests for Information

N.H. Code Admin. R. Ann. Sphc 103.01 Composition of the Board {#sec-sphc-103.01 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 103.01}

The board consists of 6 members and 4 alternate members appointed as specified in RSA 328-F:4,VIII.

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 103.02 Responsibilities of the Board {#sec-sphc-103.02 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 103.02}

The board’s responsibilities include, among other responsibilities:

(a) Establishing the requirements for conditionally licensing practitioners regulated by this chapter;

(b) Establishing the requirements for provisionally licensing practitioners regulated by this chapter;

(c) Establishing the requirements for the direction and supervision of those practicing with a provisional license regulated by the chapter; and

(d) Establishing the eligibility requirements, including any continuing competency requirements, for renewing and reinstating the licenses of practitioners regulated by this chapter.

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 103.03 Board Meetings and Quorum {#sec-sphc-103.03 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 103.03}

(a) The board shall meet a minimum of 6 times per year.

(b) No board action shall be taken without an affirmative vote of the majority of board members eligible to participate in the matter in question. Board members shall not be eligible to participate in a vote when the board member has recused themselves from participation due to a conflict of interest.

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 103.04 Attendance at Meetings By Members of the Public {#sec-sphc-103.04 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 103.04}

Pursuant to RSA 91-A:2, II, members of the public may attend and record board meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3.

History

• #14193, eff 2-12-25

N.H. Code Admin. R. Ann. Sphc 103.05 Other Organizational Rules {#sec-sphc-103.05 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 103.05}

The board is part of the office of professional licensure and certification. Information such as the board’s office location, address, and telephone number may be found at Plc 102.03. Information regarding the public’s access to minutes and other board records may be found at Plc 103.01 and Plc 103.02.

APPENDIX

Rule

Statute Implemented

Sphc 101.01

RSA 541-A:7, RSA 541-A:8

Sphc 101.02

RSA 326-F:2, I

Sphc 102

RSA 326-F:1

Sphc 103.01

RSA 328-F:4, VIII

Sphc 103.02(a)

RSA 328-F:11, I(d), RSA 326-F:4, VI

Sphc 103.02(b)

RSA 326-F:5, I

Sphc 103.02(c)

RSA 326-F:5, III

Sphc 103.02(d)

RSA 328-F:11, I(c)

Sphc 103.03 - Sphc 103.04

RSA 541-A:16, I

Sphc 103.05

RSA 541-A:16, I; RSA 328-F:3

History

• #14193, eff 2-12-25

Chapter Sphc 200 Rules of Practice and Procedures

Part Sphc 201 Practice and Procedure and Waiver of Rules

N.H. Code Admin. R. Ann. Sphc 201.01 Rules of Practice and Procedure {#sec-sphc-201.01 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 201.01}

The Plc 200 rules shall govern with regards to:

(a) Adjudicatory proceedings;

(b) Rulemaking submissions, considerations, and dispositions of rulemaking petitions;

(c) Public comment hearings;

(d) Declaratory rulings;

(e) Explanation of adopted rules;

(f) Voluntary surrender of licenses; and

(g) Waivers of administrative rules.

APPENDIX

Rule

Statute Implemented

Sphc 201

RSA 541-A:16(b)-(d), RSA 541

History

• #14192, eff 2-12-25

Chapter Sphc 500 Ethical Standards

Part Sphc 501 Definitions

N.H. Code Admin. R. Ann. Sphc 501.01 Definitions {#sec-sphc-501.01 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 501.01}

The following terms shall have the following meanings:

(a) "American Speech-Language-Hearing Association (ASHA)" means the national professional organization of speech-language pathologists and audiologists.

(b) "Certificate of Clinical Competence (CCC)" means the professional credential issued by the Council for Clinical Certification of ASHA on the basis of successful completion of specified academic requirements, specified practicum requirements, an examination, and specified post-graduate professional experience.

(c) “Licensing bureau” means the licensing bureau in office of professional licensure (OPLC) that receives and processes license applications.

History

• #14311, eff 7-10-25, EXPIRES: 7-10-35

Part Sphc 502 Scope

N.H. Code Admin. R. Ann. Sphc 502.01 Scope {#sec-sphc-502.01 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 502.01}

(a) The ethical standards in Sphc 503 shall apply to speech-language pathologists, whether or not they hold a CCC, and individuals certified as speech-language assistants.

(b) The ethical standards in Sphc 504 shall apply to audiologists and registered hearing aid dealers.

History

• #14311, eff 7-10-25, EXPIRES: 7-10-35

Part Sphc 503 Ethical Standards for Speech-Language Pathologists and Speech-Language Assistants

N.H. Code Admin. R. Ann. Sphc 503.01 Ethical Standards for Speech-Language Pathologists and Speech-Language Assistants {#sec-sphc-503.01 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 503.01}

The ethical standards for speech-language pathologists and speech-language assistants shall be the ASHA “Code of Ethics” effective March 1, 2023 with the modifications described in Sphc 503.02, available as noted in Appendix II at no cost.

History

• #14311, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Sphc 503.02 Modifications of the ASHA Code of Ethics {#sec-sphc-503.02 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 503.02}

Modifications to the ASHA“Code of Ethics” shall be as follows:

(a) The exclusion of the preamble to the ASHA “Code of Ethics” ;

(b) The exclusion of B under Principle of Ethics II; and

(c) The exclusion of F., G., Q., T., and U. under Principle of Ethics IV.

History

• #14311, eff 7-10-25, EXPIRES: 7-10-35

Part Sphc 504 Ethical Standards for Audiologists and Registered Hearing Aid Dealers

N.H. Code Admin. R. Ann. Sphc 504.01 Standards of Conduct {#sec-sphc-504.01 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 504.01}

A licensed audiologist or a registered hearing aid dealer shall:

(a) Submit only truthful, correct, and complete information in any application or other document filed with or statement made to the licensing bureau described in Sphc 501.01(c);

(b) Inform the licensing bureau of a principal business address to which all official board communications should be directed, and also of all addresses where the audiologist or hearing aid dealer is practicing;

(c) Report the establishment of a business address or the change or abandonment of a business address to the licensing bureau within 30 days;

(d) Refrain from revealing information acquired in the course of treating a patient unless the patient consents to the release of the information or the release is ordered by a court;

(e) Offer no assistance to any dishonest practice or scheme such as preparing or verifying reports which support feigned or exaggerated claims of physical disability or the concealment of physical disability, regardless of the purpose for which the report is offered;

(f) Provide each patient with the highest degree of skill and care which they are capable, and otherwise maintain the health and welfare of the patient as the paramount objective of their practice;

(g) Continually endeavor to improve their skill and knowledge in the field of audiology or hearing aid dispensing, as appropriate, keep abreast of new developments in the field, and offer the same good quality of care to each patient treated;

(h) Report to the licensing bureau persons who might attempt to practice audiology without a license or dispense hearing aids without registration, or otherwise violate the laws or rules pertaining to the practice of audiology or hearing aid dispensing in New Hampshire;

(i) Annually calibrate any and all equipment utilized for the purpose of testing or evaluating a person’s hearing. Calibration records shall be retained for a period of 5 years and available to the board upon demand; and

(j) Comply with the reporting requirements of the New Hampshire department of health and human services’ early hearing detection and intervention (EHDI) program as outlined in He-P 3008.15.

History

• #14311, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Sphc 504.02 Mandatory Medical Referral {#sec-sphc-504.02 omnilex-key=us-nh-regs-official--agency-sphc--Sphc 504.02}

(a) A licensed audiologist or registered hearing aid dealer shall refer a patient to a physician if the audiologist or hearing aid dealer determines by any method that the patient has or might have any of the following conditions:

(1) Visible congenital or traumatic deformity of the outer ear;

(2) History of active drainage from the ear within the previous 90 days;

(3) History of sudden or rapidly progressive hearing loss with the previous 90 days;

(4) Acute or chronic dizziness;

(5) Unilateral hearing loss of sudden or recent onset with the previous 90 days;

(6) Audiometric air-bone gap equal to or greater than 15 decibels at 500Hz, 1000Hz, and 2000Hz;

(7) Visible evidence of significant cerumen accumulation or a foreign body in the ear canal; or

(8) Pain or discomfort in the ear.

(b) An audiologist or hearing aid dealer shall have a duty to inquire or otherwise determine whether any of the conditions listed in (a) above are present.

APPENDIX A

Rule

Statute Implemented

Sphc 501 through Sphc 504

RSA 541-A:7, RSA 328-F:11, II(b)

Sphc 503.02

RSA 541-A:12, VII

APPENDIX B

INCORPORATION BY REFERENCE INFORMATION

Rule

Title

Obtain at:

Sphc 503.01

American Speech-Language Hearing Association Code of Ethics

Effective March 1, 2023

American Speech-Language Hearing Association

Obtain online www.asha.org/policy

Cost: None

History

• #14311, eff 7-10-25, EXPIRES: 7-10-35