N.H. Code Admin. R. Ann. Plc — Executive Director, Office of Professional Licensure and Certification (See also He-P 6000 on ophthalmic dispensers with rulemaking authority in RSA 327-A:5, VI, RSA 327-A:12, and RSA 327-A:17, transferred pursuant to 2015, 276:45 and 93, effective 7-1-15.)

Chapter Plc 100 Organizational Rules

Part Plc 101 Purpose and Applicability

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

The purpose of this chapter is to:

(a) Adopt the rules required by RSA 541-A:16, I(a), namely a description of the office of professional licensure and certification (OPLC) and the methods by which the public may obtain information from, or make submissions or requests to, the OPLC; and

(b) Establish definitions of terms that apply throughout the Plc rules.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 101.05); ss by #14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 101.02 Applicability {#sec-plc-101.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 101.02}

These rules shall apply to all persons who interact with the OPLC.

History

#13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 101.01); ss by #14135, eff 12-1-24

Part Plc 102 Definitions

N.H. Code Admin. R. Ann. Plc 102.01 Advisory board {#sec-plc-102.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.01}

“Advisory board” means a board for a profession for which the practice act confers regulatory authority on the executive director in consultation with a board.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23; ss by #14135, eff 12-1-24 (formerly Plc 202.02)

N.H. Code Admin. R. Ann. Plc 102.02 Applicable board {#sec-plc-102.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.02}

“Applicable board” means the board that regulates the profession for which any application related to licensure is made, or in which an inspection, investigation, disciplinary proceeding, or non-disciplinary remedial proceeding is initiated, provided that for those professions for which the applicable board is advisory, the term means the executive director in consultation with the advisory board, and for any profession for which no board exists, the term means the executive director.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23; ss by #14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.03 Applicable law {#sec-plc-102.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.03}

“Applicable law” means the state and federal statute(s), rules, standing orders, and case law, if any, that apply to regulate a profession in New Hampshire.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 ; ss by #14135, eff 12-1-24 (formerly Plc 202.04)

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

“Board” means “board” as defined in RSA 310:2, I(a), reprinted in Appendix B. The term includes the executive director for any board that is advisory and for any profession for which the practice act does not establish a board or otherwise confers authority on the executive director.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23; ss by #14135, eff 12-1-24 (formerly Plc 202.05)

N.H. Code Admin. R. Ann. Plc 102.05 Contact information {#sec-plc-102.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.05}

“Contact information” means:

(a) For an individual, the individual’s designated email address, home or other personal telephone number, home physical address, and home mailing address if not the same as the physical address; and

(b) For a legal entity, the legal entity’s designated email address, telephone number, physical address, and mailing address if not the same as the physical address.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 102.06); ss by #14135, eff 12-1-24i

N.H. Code Admin. R. Ann. Plc 102.06 Cooperate {#sec-plc-102.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.06}

“Cooperate” means to provide the OPLC with any information requested during an inspection or investigation and to answer any questions posed that relate to a licensee’s practices in the profession in order to enable the OPLC to determine compliance with applicable law.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 102.04); ss by #14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.07 Continuing competence {#sec-plc-102.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.07}

“Continuing competence” means the requirements established in applicable law for activities or education, or both, that are intended to strengthen a licensee’s knowledge and skills in the regulated profession. The term includes “continuing education”, “continuing professional education”, and any other terms used in applicable law to mean the same thing.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 102.05); ss by #14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.08 Criminal records check {#sec-plc-102.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.08}

“Criminal records check” means the process undertaken by the NH department of safety (NHDOS) that requires live scanned prints to be taken digitally and submitted electronically to the NH criminal records unit and the FBI. The term includes a “criminal history record” and “criminal history records check” but does not include an “online NH criminal conviction check”.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23 (formerly Plc 102.04); ss by #14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.09 Designated email address {#sec-plc-102.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.09}

“Designated email address” means the email address identified by an applicant or licensee as the address for the OPLC to use when sending notifications and licenses.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.10 Executive director {#sec-plc-102.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.10}

“Executive director” means the executive director of the OPLC or designee.

History

#14135, eff 12-1-24 (formerly Plc 101.02)

N.H. Code Admin. R. Ann. Plc 102.11 Expire {#sec-plc-102.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.11}

“Expire” as applied to a license means “expire” as defined in RSA 310:2, I(b), reprinted in Appendix B.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.12 Good standing {#sec-plc-102.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.12}

“Good standing” means “good standing” as defined in RSA 310:2, I(d), reprinted in Appendix B.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.13 Inspection {#sec-plc-102.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.13}

“Inspection” means an examination of the conditions and records at a regulated place of business to determine compliance with applicable law, that is not undertaken to investigate a complaint or other information received by the OPLC suggesting that conditions do not meet requirements. The term includes “routine inspection”.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.14 Inspection assignment coordinator (IAC) {#sec-plc-102.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.14}

“Inspection assignment coordinator (IAC)” means any individual designated by the executive director to assign inspectors to conduct inspections.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.15 Inspector {#sec-plc-102.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.15}

“Inspector” means an individual designated by the executive director via the IAC to conduct an inspection.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.16 Investigation {#sec-plc-102.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.16}

“Investigation” means “investigation” as defined in RSA 310:2, I(c), reprinted in Appendix B.

History

#14135, eff 12-1-24 (formerly Plc 202.17)

N.H. Code Admin. R. Ann. Plc 102.17 Investigator {#sec-plc-102.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.17}

“Investigator” means an individual authorized by the executive director via the director of the division of enforcement to conduct an investigation into allegations of potential violations by a licensee of applicable law.

History

#14135, eff 12-1-24 (formerly Plc 202.18)

N.H. Code Admin. R. Ann. Plc 102.18 Lapse {#sec-plc-102.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.18}

“Lapse” means “lapse” as defined in RSA 310:2, I(e), reprinted in Appendix B.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.19 License {#sec-plc-102.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.19}

“License” means “license” as defined in RSA 310:2, I(f), reprinted in Appendix B. The term includes initial, renewal, conditional, and temporary licenses issued to practitioners or apprentices, and any similar form of approval required to practice a regulated profession in any jurisdiction.

History

#14135, eff 12-1-24 (formerly Plc 202.19)

N.H. Code Admin. R. Ann. Plc 102.20 Licensee {#sec-plc-102.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.20}

“Licensee” means a person who holds a permit, license, certification, registration, or other form of approval required by law to engage in a profession regulated by a board . The term includes the authorized representative of a licensee that is an entity and any other term, such as “permit holder”, used in an applicable board’s rules to mean the same thing.

History

#14135, eff 12-1-24 (formerly Plc 202.20)

N.H. Code Admin. R. Ann. Plc 102.21 Licensing bureau {#sec-plc-102.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.21}

“Licensing bureau” means the organizational unit within the OPLC’s division of licensing and board administration that is responsible for, among other duties, accepting and processing applications and issuing licenses on behalf of the executive director and the boards.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.22 Live programming {#sec-plc-102.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.22}

“Live programming” means educational programming presented by an instructor or by a panel of instructors that is available to attendees at the time it is being originally presented. The term includes a program attended remotely using a computer or other audio-visual telecommunications equipment, provided the attendee has an opportunity during the program to ask questions about the material presented that are answered by the instructor(s).

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.23 Military spouse {#sec-plc-102.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.23}

“Military spouse” means an individual who is legally married to an individual who is on active military duty.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.24 Office of the executive director {#sec-plc-102.24 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.24}

“Office of the executive director” means the legal authority conferred by law on the executive director as implemented by OPLC staff who are not assigned to the division of licensing and board administration or the division of enforcement.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.25 Office or other place of business {#sec-plc-102.25 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.25}

“Office or other place of business” means:

(a) The primary location where a licensee practices or otherwise engages in the occupation or profession; or

(b) For those occupations and professions for which the licensee goes to the client’s premises or otherwise has a mobile operation, the location that serves as a licensee’s base of operations.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.26 On active military duty {#sec-plc-102.26 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.26}

“On active military duty” means on active duty in the U.S. armed forces. The term includes “active military”.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.27 Online NH criminal conviction check {#sec-plc-102.27 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.27}

“Online NH criminal conviction check” means a review of New Hampshire criminal conviction records that does not require fingerprinting.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.28 Person {#sec-plc-102.28 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.28}

“Person” means an individual or a legal entity such as a corporation or professional association, whether operating as a for-profit or non-profit organization.

History

#14135, eff 12-1-24 (formerly Plc 202.28)

N.H. Code Admin. R. Ann. Plc 102.29 Plan of correction {#sec-plc-102.29 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.29}

“Plan of correction” means a written representation of a revised policy or practice that reflects how a licensee will correct one or more violations of applicable law to come into compliance with applicable law.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.30 Policy-autonomous board {#sec-plc-102.30 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.30}

“Policy-autonomous board” means a board for a profession for which the practice act confers the authority to establish substantive requirements, such as requirements for licensure, directly on the board.

History

#14135, eff 12-1-24 (formerly Plc 202.30

N.H. Code Admin. R. Ann. Plc 102.31 Practice act {#sec-plc-102.31 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.31}

“Practice act” means the statute(s) that confers authority on the executive director or a board to regulate a specific profession.

History

#14135, eff 12-1-24 (formerly Plc 202.31)

N.H. Code Admin. R. Ann. Plc 102.32 Reinstate {#sec-plc-102.32 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.32}

“Reinstate” means “reinstate” as defined in RSA 310:2, I(h), reprinted in Appendix B.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.33 Regulated profession {#sec-plc-102.33 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.33}

“Regulated profession” means an occupation or profession for which a license is required to be obtained from the OPLC based on criteria established in applicable law, including rules adopted by the applicable board, prior to engaging in the occupation or profession in New Hampshire.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.34 Renewal {#sec-plc-102.34 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.34}

“Renewal” means “renewal” as defined in RSA 310:2, I(i), reprinted in Appendix B.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.35 Self-directed study program {#sec-plc-102.35 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.35}

“Self-directed study program” means a program that is presented via audio, video, or computer programming at a time chosen by the licensee, which requires successful completion of an examination to obtain proof of completing the self-study program.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.36 Telephone number {#sec-plc-102.36 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.36}

“Telephone number” means a 10-digit number that is assigned to a particular telephone and used in making connections to it.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.37 Violation {#sec-plc-102.37 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.37}

“Violation” means any action, failure to act, or other set of circumstances that causes noncompliance with applicable law.

History

#14135, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 102.38 Working day {#sec-plc-102.38 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.38}

“Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of state holidays.

History

#14135, eff 12-1-24

Part Plc 103 Description of Office

N.H. Code Admin. R. Ann. Plc 103.01 Office of Professional Licensure and Certification - Purpose {#sec-plc-103.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 103.01}

The OPLC’s purpose is to safeguard the public health, safety, welfare, environment, and the public trust of the citizens of the state of New Hampshire by promoting efficiency and economy in the administration of the business processing, recordkeeping, and other administrative and clerical operations of the boards identified in RSA 310:2, II.

History

#12863, eff 9-4-19; ss by #13293, eff 11-24-21; ss by #13797, eff 10-26-23; ss by #14135, eff 12-1-24 (formerly Plc 102.01)

N.H. Code Admin. R. Ann. Plc 103.02 Authority of the Executive Director {#sec-plc-103.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 103.02}

(a) RSA 310:4, I, authorizes the executive director to:

(1) Employ such clerical or other assistants as are necessary for the proper performance of the office's work;

(2) Make expenditures for any purpose that the executive director determines are reasonably necessary for the proper performance of the OPLC’s duties under RSA 310; and

(3) Contract for the services of investigators, presiding officers, legal counsel, and industry experts as necessary and in consultation with the appropriate board.

(b) RSA 310:4, II authorizes the executive director to, among other duties:

(1) Examine applicants, process applications, and issue or deny licenses for all license types, based on objective standards developed by the boards and adopted as rules in accordance with RSA 541-A;

(2) Investigate all complaints of professional misconduct in accordance with RSA 310:9; and

(3) Draft and coordinate rulemaking for all boards in accordance with RSA 541-A, with the advice and recommendations of the boards.

(c) RSA 310:5, I authorizes the executive director to establish and collect all license, renewal, and reinstatement fees, as well as any necessary administrative fees for each license type and professional regulatory board administered by the OPLC. This authority is subject to RSA 310:6, I relative to consulting with the boards when setting fees.

(d) RSA 310:6 authorizes the executive director to adopt rules pursuant to RSA 541-A for:

(1) All fees set forth in RSA 310:5, with the advice and recommendations of the respective board;

(2) Such organizational and procedural rules necessary to administer the boards, including rules governing the administration of complaints and investigations, hearings, disciplinary and non-disciplinary proceedings, inspections, payment processing procedures, and application procedures;

(3) The rate of per diem compensation and reimbursable expenses for all boards;

(4) Rules governing the professionals’ health program as set forth in RSA 310:5; and

(5) Temporary licensure of out-of-state health care professionals who present evidence of an active license in good standing from another jurisdiction.

(e) Various other statutes authorize the executive director to regulate a profession without a board, including:

(1) RSA 310-A:222 relative to doulas and lactation support providers;

(2) RSA 326-M relative to nurse agencies;

(3) RSA 326-N relative to community health workers;

(4) RSA 327-A relative to ophthalmic dispensers; and

(5) RSA 598-A relative to professional bondsmen.

History

#13797, eff 10-26-23; ss by #14135, eff 12-1-24 (formerly Plc 102.02)

N.H. Code Admin. R. Ann. Plc 103.03 Office Hours, Office Location, and Contact Information {#sec-plc-103.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 103.03}

(a) The OPLC’s offices are located at 7 Eagle Square, Concord, New Hampshire.

(b) The OPLC’s normal business hours, during which it is open to the public, are 8:00 a.m. to 4:00 p.m. on weekdays, excluding days on which state offices are closed in observance of state holidays.

New Hampshire Office of Professional Licensure and Certification

7 Eagle Square

Concord, NH 03301-4980.

(d) Correspondence to a specific board shall be addressed to that board in care of the OPLC at the address listed in (c), above.

(e) The OPLC’s main telephone number is (603) 271-2152.

(f) The OPLC’s TDD access number is relay NH 1-800-735-2964.

(g) The OPLC’s website URL is www.oplc.nh.gov.

(h) General inquiries may be directed to CustomerSupport@oplc.nh.gov.

History

#14135, eff 12-1-24 (formerly Plc 102.03)

N.H. Code Admin. R. Ann. Plc 103.04 OPLC Organizational Structure {#sec-plc-103.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 103.04}

The OPLC comprises:

(a) The office of the executive director, described in Plc 103.05;

(b) The division of licensing and board administration, described in Plc 103.06; and

History

#14135, eff 12-1-24 (formerly Plc 102.04)

N.H. Code Admin. R. Ann. Plc 103.05 Office of the Executive Director {#sec-plc-103.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 103.05}

The office of the executive director is responsible for implementing the authority conferred on the executive director by RSA 310 that has not been delegated to the division of licensing and board administration or the division of enforcement, including but not limited to:

(a) Human resource functions;

(b) All business administration and accounting functions, including but not limited to:

(1) Supervision of the purchase of all equipment, materials, supplies, and services;

(2) Management of the agency’s fleet vehicles; and

(3) Maintenance of the OPLC’s equipment and consumable inventory;

(d) Adopting, maintaining, and implementing the rules authorized by RSA 310:6 and by the statutes that apply to specific professions for which a policy-autonomous board is not established; and

(e) Managing and conducting hearings if a board cannot meet quorum as provided in RSA 310:10, XV and RSA 310:11, VIII.

History

#14135, eff 12-1-24 (formerly Plc 102.05)

N.H. Code Admin. R. Ann. Plc 103.06 Division of Licensing and Board Administration {#sec-plc-103.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 103.06}

(a) The division of licensing and board administration supports the licensing and administrative functions of the OPLC and the boards, including but not limited to:

(1) Processing applications for licensure;

(2) Issuing licenses to qualified applicants and referring applicants whose applications cannot be approved to the relevant board;

(3) Notifying licensees of the pending expiration of their licenses as required by RSA 310:8, IV;

(4) Coordinating routine inspections of places where regulated professions are practiced to determine compliance with the standards established by the boards, whether in connection with an application for licensure or on an on-going basis;

(5) Coordinating inspections of mechanical and electrical installations in locations where the local authority has requested assistance;

(6) Supporting the meetings held by each board, including ensuring that the notice required by RSA 91-A is given;

(7) Supporting adjudicative proceedings initiated in accordance with Plc 200; and

(8) Maintaining the records of each board as required by RSA 91-A.

(b) Policy-autonomous boards are separate and distinct for the purpose of regulating various professions and protecting the public health, safety, welfare, environment, and the public trust.

History

#14135, eff 12-1-24 (formerly Plc 102.06)

N.H. Code Admin. R. Ann. Plc 103.07 Division of Enforcement {#sec-plc-103.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 103.07}

The division of enforcement supports the compliance, investigative, and disciplinary functions of the OPLC and the boards, including but not limited to:

(a) Reviewing allegations of misconduct to determine whether the allegation is viable and recommending the board dismiss the allegation if it is not viable, in accordance with RSA 310:9, II;

(b) Investigating viable allegations of misconduct, whether on its own initiative or upon receiving a written complaint, in accordance with RSA 310:9, III; and

History

#14135, eff 12-1-24 (formerly Plc 102.07)

Part Plc 104 Requests for Information and Access to Records

N.H. Code Admin. R. Ann. Plc 104.01 Requests for Information or Access to Records {#sec-plc-104.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 104.01}

(a) Requests for access to governmental records pursuant to RSA 91-A:4 shall be made directly to the executive director by sending a request with the information specified in Plc 104.02 either:

(1) Electronically, to righttoknow@oplc.nh.gov; or

(2) By mail or other delivery to the address specified in Plc 103.03(c).

(b) Requests for access to other records shall be addressed to the executive director or directly to the division that is responsible for the records being requested.

History

#14135, eff 12-1-24 (formerly Plc 103.01)

N.H. Code Admin. R. Ann. Plc 104.02 Contents of Requests for Access to Records {#sec-plc-104.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 104.02}

The request for access to governmental records shall contain as much information as the requestor can provide to reasonably describe the records, including but not limited to:

(a) The type of record(s) sought, such as meeting minutes, orders, or reports;

(b) The date or date range the records were created, such as “April 2021” or “from January 1, 2019 through December 31, 2022”;

(c) The board, specific profession, or topic to which the records relate, for example “the Funeral Board”, “midwives”, or “reports filed with the Legislature or Governor’s Office”; and

(d) If records of a specific licensee are sought, as much information as the requestor has to identify the licensee, including name, location of practice, and license number.

History

#14135, eff 12-1-24 (formerly Plc 103.02)

Chapter Plc 200 Practice and Procedure

Part Plc 104 Requests for Information and Access to Records

N.H. Code Admin. R. Ann. Plc 202.02 Organizational Rules {#sec-plc-202.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.02}

defining “advisory board”

N.H. Code Admin. R. Ann. Plc 202.05 Organizational Rules {#sec-plc-202.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.05}

defining “board”

N.H. Code Admin. R. Ann. Plc 202.06 Organizational Rules {#sec-plc-202.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.06}

defining “complainant”

N.H. Code Admin. R. Ann. Plc 202.21 Organizational Rules {#sec-plc-202.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.21}

defining “licensing proceeding”

N.H. Code Admin. R. Ann. Plc 202.23 Organizational Rules {#sec-plc-202.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.23}

defining “non-disciplinary remedial proceeding”

N.H. Code Admin. R. Ann. Plc 202.28 Organizational Rules {#sec-plc-202.28 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.28}

defining “person”

N.H. Code Admin. R. Ann. Plc 202.30 Organizational Rules {#sec-plc-202.30 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.30}

defining “policy-autonomous board”

N.H. Code Admin. R. Ann. Plc 204.04 Organizational Rules {#sec-plc-204.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 204.04}

titled “Responding to a Complaint”

N.H. Code Admin. R. Ann. Plc 206.28 Organizational Rules {#sec-plc-206.28 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.28}

titled “Closing the Record”

N.H. Code Admin. R. Ann. Plc 206.29 Organizational Rules {#sec-plc-206.29 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.29}

titled “Reopening the Record”

N.H. Code Admin. R. Ann. Plc 207.03 Organizational Rules {#sec-plc-207.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.03}

titled “Oral Public Hearings Conducted by a Policy-Autonomous

Board”

N.H. Code Admin. R. Ann. Plc 207.04 Organizational Rules {#sec-plc-207.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.04}

titled “Notice of Oral Public Hearings Conducted by a Policy-Autonomous Board”

N.H. Code Admin. R. Ann. Plc 207.12 Organizational Rules {#sec-plc-207.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.12}

titled “Extending Public Comment Deadline for Proposed Rules”

N.H. Code Admin. R. Ann. Plc 207.14 Organizational Rules {#sec-plc-207.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.14}

titled “Changing Electronic Access Information for an Oral Public

Hearing”

N.H. Code Admin. R. Ann. Plc 211.02 Organizational Rules {#sec-plc-211.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.02}

titled “Definitions” and Plc 211.06 titled “Responding to a Petition for Waiver” in Part Plc 211 titled “Waiver of Substantive and Procedural Rules”

Document #13837 extensively amended some existing rules in Part Plc 203 titled “Provisions Applicable to All Proceedings”, Part Plc 206 titled “Adjudicative Proceedings”, Part Plc 207 titled “Non-Adjudicative Proceedings”, and Part Plc 211 titled “Waiver of Rules” as described below.

In Part Plc 203, the former Plc 203.02 titled “Filing of Documents with the OPLC or Other Regulatory Authority; Service in Non-Adjudicative Proceedings” was readopted with amendments and renumbered as Plc 203.02 titled “Filing of Documents with the OPLC or a Board” and Plc 203.03 titled “Service in Non-adjudicative Proceedings”. The former Plc 203.03 titled “Date and Issuance of Filing” was readopted with amendment and renumbered as Plc 203.04.

In Part Plc 206, Document #13837 readopted with amendments and renumbered the former Plc 206.28 titled “Deliberations and Decisions” as Plc 206.30 titled “Decisions on Questions of Law, Issues of Fact, and Sanctions”. The former Plc 206.29 titled “Motion for Reconsideration for Rehearing” was readopted with amendments and renumbered as Plc 206.31 titled “Request or Petition for Rehearing; Answers” and Plc 206.32 titled “Action on Petition for Rehearing.”

In Part Plc 207, Document #13837 readopted with amendments and renumbered the former Plc 207.03 titled “Attendance of Regulatory Authority at Hearings on Proposed Rule” as Plc 207.05 titled “Attendance of Executive Director at Hearings on Proposed Rules” and Plc 207.06 titled “Attendance at Hearings on Rules Proposed by a Policy-Autonomous Board”. The former Plc 207.04 titled “Presiding Officer for Oral Public Hearings” was readopted with amendments and renumbered as Plc 207.07. The existing Plc 207.05 titled “Public Access and Participation”, Plc 207.06 titled “Limitations on Public Testimony”, and Plc 207.08 titled “Closing the Hearing and Record”, were renumbered, respectively, as Plc 207.08, Plc 207.09, and Plc 207.15.

The former Plc 207.07 titled “Postponing, Continuing, or Moving an Oral Public Hearing” was readopted with amendments and renumbered as Plc 207.10 titled “Postponing an Oral Public Hearing”, Plc 207.11 titled “Continuing an Oral Public Hearing, and Plc 207.13 titled “Moving an Oral Public Hearing”.

Document #13837 re-titled Part Plc 211 “Waiver of Rules” as “Waiver of Substantive and Procedural Rules”. The former Plc 211.01 titled “Petitions for Waiver of Rules” was readopted with amendments and renumbered as Plc 211.01 titled “Availability of Rule Waivers”, Plc 211.03 titled “Format of Petition for Waiver”, Plc 211.04 titled “Content of Petition for Waiver”, Plc 211.05 titled “Service of Petition for Waiver”, and Plc 211.07 titled “Proceedings on Petition for Waiver”. The former Plc 211.02 titled “Decisions on Waiver Requests” was amended and renumbered as Plc 211.08 titled “Decisions on Waiver Requests”, Plc 211.09 titled “Waivers Initiated by a Board”, and Plc 211.10 titled “Consideration of Waiver Requests by the Executive Director.”

As practice and procedure rules, the rules in Document #13837 will not expire except pursuant to RSA 541-A:17, II.

REVISION NOTE #3:

Document #13955, effective 5-3-24, adopted, readopted, or readopted with amendments various rules in Chapter Plc 300 titled “Licensure of Regulated Professions” and re-titled the chapter as “Licensure and Discipline of Regulated Professions.” Document #13955 also readopted with amendment the rules in the former Part Plc 213 titled “Disciplinary Proceedings; License Conditions” and renumbered them as rules in Part Plc 311.

The former Plc 213.01 titled “Definitions” was readopted with amendment and renumbered as Plc 311.02. The former Plc 213.02 titled “Grounds for Denying an Initial License Application” was readopted with amendment and renumbered as Plc 311.03 titled “Additional Grounds for Denying an Initial License Application”. The former Plc 213.03 titled “Grounds for Suspension, Revocation, or Refusal to Renew” was readopted with amendment and renumbered as “Additional Grounds for Suspension, Revocation, or Refusal to Renew”. The former Plc 213.04 titled “Burden of Persuasion” was readopted with amendment and renumbered as Plc 311.15 titled “Burden of Persuasion in Reciprocal Discipline Cases.” The former Plc 213.05 titled “Determination to Deny a License Application or to Suspend, Revoke, or Refuse to Renew a License” was readopted with amendment and renumbered as Plc 311.05 titled “Determination to Deny a License Application Based on Alleged Misconduct or to Suspend, Revoke, or Refuse to Renew a License Based on Alleged Misconduct.” The former Plc 213.06 titled “License Conditions” was readopted with amendment and renumbered as Plc 311.06.

The rules in the former Part Plc 213 had originally been adopted in Document #13427, effective 8-4-22. See Part Plc 311 for subsequent filings in this area.

Part Plc 201 Purpose and Applicability; Incorporated Definitions

N.H. Code Admin. R. Ann. Plc 201.01 Purpose {#sec-plc-201.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 201.01}

(a) The purpose of the various proceedings that are governed by this chapter is to acquire sufficient information to make fair and reasoned decisions on matters within the statutory jurisdiction of the office of professional licensure and certification (OPLC) or the board undertaking the proceeding.

(b) The purpose of this chapter is to provide:

(1) Uniform procedures for the conduct of adjudicative proceedings and non-adjudicative proceedings;

(2) Uniform procedures for:

a. The submittal, review, and disposition of complaints;

b. Investigations; and

c. Settling disciplinary and non-disciplinary remedial matters by agreement; and

(3) Uniform procedures for the submittal, review, and disposition of rulemaking petitions, requests for explanation of adopted rules, requests for declaratory rulings, waivers of rules, and waivers of procurement provisions under RSA 21-G:37.

(c) These rules are intended to implement applicable requirements of RSA 541-A and the procedures and criteria established in RSA 310.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23; ss by #14136, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 201.02 Applicability {#sec-plc-201.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 201.02}

(a) The definitions in Plc 202 and rules in Plc 203 shall apply to all administrative proceedings conducted by the OPLC or a board, as described in Plc 204 through Plc 212, and shall be in addition to applicable requirements of RSA 541-A and the rules set forth in Plc 204 through Plc 212 that apply to a specific type of proceeding.

(b) This chapter shall apply to:

(1) The professions listed in RSA 310:2, II;

(2) Any profession whose practice act confers authority on the OPLC executive director, such as auctioneers; and

(3) Any profession otherwise subject to the regulation by the executive director, such as professional bondsmen.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23; ss by #14136, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 201.03 Incorporated Definitions {#sec-plc-201.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 201.03}

All terms used in these rules relative to procedures, applications, inspections, and fees that are defined in Plc 100, Plc 300, Plc 400, or Plc 1000 shall have the meaning specified in those chapters.

History

#14136, eff 12-1-24

Part Plc 202 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Plc 202.01 Adjudicative proceeding {#sec-plc-202.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.01}

“Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA 541-A:1, I, reprinted in Appendix B. The term includes “disciplinary proceeding”, “emergency proceeding”, and “licensing proceeding”.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23; ss by #14136, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 202.02 Appearance {#sec-plc-202.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.02}

“Appearance” means a written notification to the OPLC or a board that a person or a person’s representative intends to actively participate in a proceeding.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.03)

N.H. Code Admin. R. Ann. Plc 202.03 Complainant {#sec-plc-202.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.03}

“Complainant”, for purposes of providing the opportunity for comment required by RSA 310:10, VIII(a), means the individual who originally filed the complaint that led to the disciplinary proceeding that is proposed to be settled by agreement. The term does not include any person affiliated with the OPLC or a board and does not include any person who is required to report certain circumstances to a board or the OPLC, such as those required by RSA 329:17.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.02) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.06)

N.H. Code Admin. R. Ann. Plc 202.04 Complaint {#sec-plc-202.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.04}

“Complaint” means a communication of alleged misconduct containing information that, if true, could violate ethical codes or other applicable law. The term does not include reports of malpractice claims, insurance claims, or disciplinary action(s) in another jurisdiction.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.03) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.07)

N.H. Code Admin. R. Ann. Plc 202.05 Data {#sec-plc-202.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.05}

“Data” means all information relevant to an investigation, including but not limited to:

(a) Oral or written descriptions provided by a complainant or witness;

(b) Reports obtained in the course of the investigation;

(d) Audio or video recordings obtained or created in the course of the investigation; and

(e) Computer programs or computer printouts obtained or created in the course of the investigation or otherwise used to analyze other information obtained.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 2-1-24; ss by #14136, eff 12-1-24 (formerly Plc 202.08)

N.H. Code Admin. R. Ann. Plc 202.06 Disciplinary proceeding {#sec-plc-202.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.06}

“Disciplinary proceeding” means an adjudicative proceeding commenced by the OPLC or a board for the purpose of determining whether to suspend, revoke, refuse to renew a license based on alleged misconduct, or impose any other sanction(s). The term includes proceedings conducted pursuant to RSA 310:13 relative to unlicensed practice.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.09)

N.H. Code Admin. R. Ann. Plc 202.07 Emergency proceeding {#sec-plc-202.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.07}

“Emergency proceeding” means a disciplinary or non-disciplinary remedial proceeding initiated by a board pursuant to RSA 541-A:30, III, or pursuant to the board’s practice act if applicable, to address a threat to public health, safety, or welfare that requires emergency action.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.04) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.10)

N.H. Code Admin. R. Ann. Plc 202.08 Enforcement division {#sec-plc-202.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.08}

“Enforcement division” means the division of enforcement of the OPLC established by RSA 310:2, II.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.05) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.11)

N.H. Code Admin. R. Ann. Plc 202.09 File {#sec-plc-202.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.09}

“File”, as a verb, means to place a document in the actual possession of the OPLC or a board.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.06) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.13)

N.H. Code Admin. R. Ann. Plc 202.10 Filed electronically {#sec-plc-202.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.10}

“Filed electronically”, for other than applications for a license and related documents that can be filed using the on-line licensing portal, means a document was sent to the OPLC by:

(a) Using the electronic filing system available at https://onlineforms.nh.gov/ for those processes having forms at that portal; or

(b) If the contemplated filing is not covered by the electronic filing system identified in (a), above, or if that system is not available or if using it is not practicable for the person wishing to file, by sending an email with documents attached in portable document format (pdf) in accordance with Plc 203.02 or Plc 204.02, as applicable.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.07) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.14)

N.H. Code Admin. R. Ann. Plc 202.11 Hearing {#sec-plc-202.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.11}

“Hearing” means a component of a proceeding, through which the OPLC or a board receives testimony, evidence, arguments, or comments, or any combination thereof, regardless of whether all participants are at the hearing in person or not.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.08) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.15)

N.H. Code Admin. R. Ann. Plc 202.12 Intervenor {#sec-plc-202.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.12}

“Intervenor” means a person allowed by the presiding officer to intervene in an adjudicative proceeding pursuant to RSA 541-A:32.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.09) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.16)

N.H. Code Admin. R. Ann. Plc 202.13 Licensing proceeding {#sec-plc-202.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.13}

“Licensing proceeding” means a proceeding conducted to determine whether an applicant meets the qualifications established in applicable law for licensure. The term does not include any disciplinary proceeding.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.10) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.21)

N.H. Code Admin. R. Ann. Plc 202.14 Motion {#sec-plc-202.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.14}

“Motion” means any request to the presiding officer in an existing case for an order or ruling directing some act to be done in favor of the participant making the motion, including a statement of justification or reason(s) for the request. The term does not include “petition”.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.11) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.22)

N.H. Code Admin. R. Ann. Plc 202.15 Non-disciplinary remedial proceeding {#sec-plc-202.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.15}

“Non-disciplinary remedial proceeding” means an adjudicative proceeding commenced by a board for the purpose of determining whether a licensee is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.12) (see Revision Note #2 at chapter heading for Plc (200); ss by #14136, eff 12-1-24 (formerly Plc 202.23)

N.H. Code Admin. R. Ann. Plc 202.16 Oral adjudicative hearing {#sec-plc-202.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.16}

“Oral adjudicative hearing” means a trial-type hearing that is part of an adjudicative proceeding and is held at a specific time for the purpose of receiving live testimony from witnesses, together with any evidence and argument that is presented, regardless of whether all participants are at the hearing in person or not.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.13) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24

N.H. Code Admin. R. Ann. Plc 202.17 Oral public hearing {#sec-plc-202.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.17}

“Oral public hearing” means a legislative-type hearing that is part of a non-adjudicative proceeding, that is held for the purpose of receiving oral or written comments, or both, from the public, regardless of whether all participants are at the hearing in person or not.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.14) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.24)

N.H. Code Admin. R. Ann. Plc 202.18 Order {#sec-plc-202.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.18}

“Order” means a document issued by the presiding officer or a board to:

(a) Establish procedures to be followed in an adjudicative or non-adjudicative proceeding;

(b) Grant or deny a petition or motion;

(d) Determine a person’s rights to a license or other privilege established by law.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.15) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.25)

N.H. Code Admin. R. Ann. Plc 202.19 Participant {#sec-plc-202.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.19}

“Participant” means:

(a) For an adjudicative proceeding, a respondent, respondent’s representative, intervenor, intervenor’s representative, or prosecutor for that adjudicative proceeding; or

(b) For a non-adjudicative proceeding, any person who attends or otherwise participates in the oral public hearing or submits comments in writing on paper or by e-mail, or both.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.16) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.26)

N.H. Code Admin. R. Ann. Plc 202.20 Participants {#sec-plc-202.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.20}

“Participants” means:

(a) For an adjudicative proceeding, all respondent(s), respondent’s representative(s), intervenor(s), intervenor’s representative(s), and prosecutor(s) for that adjudicative proceeding; or

(b) For a non-adjudicative proceeding, the collective group of individuals who attend or otherwise participate in the public hearing held on the matter or provide comments orally or in writing on paper or by e-mail, or any combination thereof.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.17) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.27)

N.H. Code Admin. R. Ann. Plc 202.21 Petition {#sec-plc-202.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.21}

“Petition” means any request to the OPLC or a board seeking an order or any other action for relief other than a license application or a motion.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.29)

N.H. Code Admin. R. Ann. Plc 202.22 Presiding officer {#sec-plc-202.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.22}

“Presiding officer” means the individual who has been designated:

(a) By the OPLC to preside over some or all aspects of an adjudicative proceeding, including licensing proceedings; or

(b) By a board to preside over some or all aspects of a non-adjudicative proceeding.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.18) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.32)

N.H. Code Admin. R. Ann. Plc 202.23 Proceeding {#sec-plc-202.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.23}

“Proceeding” means the totality of the handling of a matter, including the initiation, review, hearing, decision, and, if applicable, reconsideration or rehearing of the matter. A proceeding can be either adjudicative or non-adjudicative.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.33)

N.H. Code Admin. R. Ann. Plc 202.24 Prosecutor {#sec-plc-202.24 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.24}

“Prosecutor” means the individual appointed by the OPLC to present the evidence collected in an investigation in a proceeding arising from allegations of licensee misconduct or unlicensed practice. The term includes “administrative prosecutor”.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.20) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.34)

N.H. Code Admin. R. Ann. Plc 202.25 Respondent {#sec-plc-202.25 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.25}

“Respondent” means:

(a) For purposes of a disciplinary proceeding, the person who holds the license or who has applied for renewal of a license;

(b) For purposes of an administrative fine proceeding, the person against whom the board proposes to impose an administrative fine; or

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.21) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.35)

N.H. Code Admin. R. Ann. Plc 202.26 Via electronic means {#sec-plc-202.26 omnilex-key=us-nh-regs-official--agency-plc--Plc 202.26}

“Via electronic means” means using a video teleconference electronic meeting platform that enables all participants to communicate with each other contemporaneously, such as, but not limited to, WebEx®, Zoom®, GoToMeeting®, or GoToWebinar®.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 202.22) (see Revision Note #2 at chapter heading for Plc 200); ss by #14136, eff 12-1-24 (formerly Plc 202.36)

Part Plc 203 Provisions Applicable to All Proceedings

N.H. Code Admin. R. Ann. Plc 203.01 Computation of Time {#sec-plc-203.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 203.01}

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time established in these rules shall begin with the day after the action that sets the time period in motion and include the last day of the period so computed.

(c) For time periods not established in statute, if the last day of the period so computed does not fall on a working day, then the time period shall be extended to include the first working day following.

(d) Time periods established in statute shall be determined as specified in the statute.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 203.02 Filing of Documents with the OPLC or {#sec-plc-203.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 203.02}

a Board.

(a) A document shall be considered filed when it is actually received by the OPLC or the board to which it is addressed, whether filed electronically or on paper, and facially conforms to applicable rules.

(b) A document that does not, on its face, comply with applicable rules shall not be accepted for filing. In such cases, the sender shall be notified of the deficiencies without prejudice to subsequent acceptance if the deficiencies are corrected and the document is refiled within any applicable time period.

(d) Requests for records under RSA 91-A shall be filed in accordance with Plc 104, at righttoknow@oplc.nh.gov if filed electronically.

(e) All correspondence, filings, or communications intended for the OPLC that do not relate to an adjudicative proceeding or a right-to-know request shall be addressed as directed in Plc 103.03(c) to the OPLC in care of the executive director’s administrative assistant.

(f) All correspondence, filings, or communications intended for a board that do not relate to an adjudicative proceeding or a right-to-know request shall be addressed as directed in Plc 103.03(d) to that board in care of its board administrator.

(g) Until an electronic filing system becomes available, documents other than applications, right-to-know requests, and appeal-related documents may be filed electronically by sending them to customersupport@oplc.nh.gov.

(h) Subject to (i), below, all petitions, motions, exhibits, memoranda, or other documents filed in connection with a request for action by the OPLC or a board shall, if not able to be filed electronically, be filed with an original and one copy.

(i) Only the original or another single copy shall be filed of:

(1) Transmittal letters;

(2) Requests for public records;

(3) License applications; and

(4) A complaint against a licensee or against a person who is engaging in a regulated profession without the requisite license.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 203.02(a)-g)) (See Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 203.03 Service in Non-Adjudicative Proceedings {#sec-plc-203.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 203.03}

(a) Applications and petitions for rulemaking shall be filed with the OPLC or applicable board without service upon other persons.

(b) Petitions for declaratory ruling shall be filed with the OPLC or applicable board with service on persons who would be directly affected by the ruling, as required by Plc 210.02(c).

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 203.02(h) and (i)) (See Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 203.04 Date of Issuance or Filing {#sec-plc-203.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 203.04}

(a) All orders, decisions, notices, or other written correspondence or documents issued by or at the direction of the OPLC or a board shall be deemed to have been issued on the date noted on the document.

(b) All correspondence, petitions, applications, requests for findings of fact and conclusions of law, motions, petitions for rehearing, and any other written documents shall be deemed to have been filed with or received by the OPLC or board or, for filings in an adjudicative proceeding, the presiding officer to which it is addressed, on the actual date of receipt by the addressee, as evidenced by a date stamp placed on the document by the addressee in the normal course of business or the date the addressee receives the electronic filing.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 203.03) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 203.05 Exercising RSA 310:10, XIV-XV or RSA 310:11, VII-VIII {#sec-plc-203.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 203.05}

(a) In any proceeding held pursuant to RSA 310 or RSA 541-A, a board shall exercise the authority conferred by RSA 310:10, XIV and RSA 310:11, VII, both reprinted in Appendix C, if the board, by majority vote, determines that doing so would expedite the matter or otherwise serve the interests of justice.

(b) In acting under (a), above, a board shall determine the extent to which the presiding officer shall consult or otherwise coordinate with the board when making the determinations that have been delegated, namely making findings of fact, determining appropriate sanctions or actions, and denying or accepting settlement agreements.

(c) In any proceeding held pursuant to RSA 310 or RSA 541-A, if a board cannot meet quorum then the executive director shall initiate proceedings under the authority of RSA 310:10, XV and RSA 310:11, VIII, both reprinted in Appendix C.

(d) In any proceeding in which the provisions of RSA 310:10, XIV or XV or RSA 310:11, VII or VIII have been exercised, the term “board”, when used in any rule that applies to the proceeding and any document issued in the proceeding, shall mean the presiding officer.

History

#14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

Part Plc 204 Complaints; Investigations

N.H. Code Admin. R. Ann. Plc 204.01 Purpose and Applicability {#sec-plc-204.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 204.01}

(a) The purpose of this part is to establish the procedures that apply to the filing of complaints against a licensee or against a person who is engaging in a regulated profession without the requisite license and the procedures that shall be followed to investigate such complaints.

(b) This part shall apply to complaints against individuals and businesses engaged in any of the professions regulated by a board.

(c) As provided in RSA 310:4, II(d), the executive director shall be responsible for the investigation of all complaints of professional misconduct in the professions listed in RSA 310:2, II, in accordance with RSA 310:9.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 204.02 Filing a Complaint {#sec-plc-204.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 204.02}

(a) Individuals wishing to file an official complaint against a licensee or against a person believed to be engaging in a regulated profession without the requisite license shall do so by submitting a written complaint as provided in this part.

(b) Complaints shall be filed:

(1) With the OPLC at Complaints@oplc.nh.gov; and

(2) As promptly as reasonably possible after the conduct occurs or is otherwise discovered, so that it is more likely that any relevant records still exist and the recollections of witnesses are more likely to be reliable.

(c) As required by RSA 310:9, II, the enforcement division shall review the complaint to determine whether the allegation states a viable claim and then:

(1) Refer the complaint to the board with a recommendation that the complaint be dismissed, if the allegation is not viable; or

(2) Initiate an investigation into the matter(s) covered by the complaint.

(d) If an investigation is initiated, the enforcement division shall send a copy of the complaint to the subject of the complaint unless doing so would jeopardize:

(1) The safety of the complainant or any other individual; or

(2) The process of a criminal investigation.

(e) If the OPLC receives a complaint relating to a profession regulated by any governmental authority that is not a board as defined in RSA 310:2, II, the OPLC shall forward the complaint to that authority for action under that authority’s rules.

(f) All communications of alleged misconduct filed under this part shall:

(1) Contain the information specified in Plc 204.03; and

(2) Be signed and dated by the individual making the complaint or by a duly-authorized representative of such individual, provided that for documents filed electronically, the act of filing shall constitute the signature and the date the transmission is sent shall be the date of the complaint.

(g) The signature on a complaint filed pursuant to this part shall constitute certification that:

(1) The signer has read the complaint;

(2) The signer is authorized to file the complaint;

(3) To the best of the signer’s knowledge and belief, there are good grounds to support the complaint; and

(4) The complaint has not been filed for purposes of harassment or delay in any active or anticipated administrative, civil, or criminal proceeding.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 204.03 Required Contents of Complaint {#sec-plc-204.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 204.03}

A complaint shall include:

(a) Identification of the profession to which the conduct being complained of relates;

(b) The name of the individual or business that is alleged to have engaged in the conduct complained of;

(d) A clear and concise statement of the facts on which the complaint is based, including but not limited to the following for each occurrence of the conduct being complained of:

(1) A description of the specific conduct that forms the basis of the complaint;

(2) The date and time the conduct occurred, provided that if the conduct occurred on more than one occasion, the date and time of the most recent occurrence may be provided with a statement of the overall time frame in which the conduct occurred and the number of times the conduct was repeated;

(3) The location or locations where the conduct occurred; and

(4) Whether there were any other individuals present when any instance of the conduct occurred and, if known, the name of and contact information for each such witness or observer;

(e) Information about the individual who is making the complaint, including:

(1) The complainant’s first and last name;

(2) The telephone number including area code and extension, if any, at which the complainant can be reached during normal daytime business hours; and

(3) The complainant’s email address and mailing address; and

(f) Whether the complainant has:

(1) Attempted to resolve the complaint with the licensee;

(2) Retained an attorney in the matter, and if so the name, address, email address, and telephone number including area code of the attorney; and

(3) Reported the complaint to any other local, state, or federal agency and if so, the agency’s name and the name, email address, and telephone number of a contact to whom the complaint was made, if known.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 204.04 Responding to a Complaint {#sec-plc-204.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 204.04}

(a) If a copy of the complaint is sent to the subject of the complaint pursuant to Plc 204.02(d), the enforcement division shall inform the subject of the complaint:

(1) That a response shall be filed within 30 days of receipt; and

(2) Of the email address to which the response shall be sent.

(b) The subject of the complaint shall respond within 30 days of receipt by addressing each factual allegation in the complaint, either agreeing with or disputing the allegation and, if disputing the allegation, providing information that the subject of the complaint believes to be true.

(d) If the subject of the complaint needs additional time to file a response, the person may request an extension of up to 30 days by submitting a written request to the email address identified for filing the response no later than the deadline for filing the response.

(e) The request for extension shall:

(1) Identify the amount of additional time needed, which shall be no more than 30 days; and

(2) Explain why additional time is needed, which shall demonstrate that the circumstances preventing a response from being filed by the deadline were beyond the person’s control.

(f) The division of enforcement shall grant one extension if the subject of the complaint demonstrates that the circumstances preventing a response from being filed by the deadline are beyond the person’s control.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 204.05 Initiation and Conduct of Investigations {#sec-plc-204.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 204.05}

(a) As provided in RSA 310:9, III, the OPLC shall investigate allegations of misconduct upon its own initiative or upon written complaint.

(b) The initiation of an investigation shall not constitute or be deemed to commence a disciplinary proceeding.

(c) When an investigation occurs, an investigator shall contact such persons, conduct such inspections, and examine such records and other documents as are reasonably necessary to make a recommendation as to whether further action should be taken based on the allegations in question.

(d) Inspections conducted as part of an investigation into allegations of misconduct shall not be subject to Plc 400.

(e) Investigations, including those based upon allegations in a complaint, shall be conducted on an ex parte basis.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 204.04) (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 204.06 Subpoenas For Investigations {#sec-plc-204.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 204.06}

Subpoenas issued by the executive director for purposes of conducting an investigation shall be issued as provided in RSA 310:9, V.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 204.05) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 204.07 Investigation Reports {#sec-plc-204.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 204.07}

(a) Upon completion of an investigation, the investigator shall:

(1) Make a written report of the data gathered as a result of the investigation; and

(2) Provide a recommendation to the board as to whether there is a reasonable basis to proceed with a disciplinary proceeding, provided that if such recommendation is made, the recommendation shall specifically identify each statutory provision and each rule that is alleged to have been violated.

(b) As provided in RSA 310:9, IV, the following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A unless such information subsequently becomes part of a public disciplinary hearing:

(1) Complaints or other allegations of misconduct received by the OPLC;

(2) Information and records acquired during an investigation; and

(3) Reports and records made by the investigator as a result of an investigation.

(c) Investigation reports and all data gathered by an investigator shall be provided in any adjudicative proceeding resulting from the investigation to:

(1) The respondent and respondent’s representative;

(2) Each intervenor and intervenor’s representative, to the extent not prohibited by orders issued by the presiding officer pursuant to RSA 541-A:32 and Plc 206.14; and

(3) The prosecutor.

(d) The enforcement division shall also provide, upon request, the confidential information gathered in an investigation to:

(1) Law enforcement agencies;

(2) Licensing boards or agencies relating to the respondent’s profession in New Hampshire or any other jurisdictions in which the respondent is licensed or is applying to be licensed;

(3) Investigators and prosecutors in the same or related disciplinary matters;

(4) Expert witnesses or assistants retained by the prosecutor or investigators in the same or related disciplinary matters; and

(5) Persons to whom the licensee has given a release.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 204.06) (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

Part Plc 205 Settlement Procedures; Non-Disciplinary Remedial Actions

N.H. Code Admin. R. Ann. Plc 205.01 Purpose and Applicability {#sec-plc-205.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 205.01}

(a) The purpose of this part is to establish the criteria and procedures for settling a matter without the need for an adjudicative hearing.

(b) This part shall apply to any matter in which an investigation determines that there is a basis to proceed with a disciplinary or non-disciplinary remedial proceeding, subject to the time limitations in RSA 310:9, I.

History

(See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 205.02 Definitions {#sec-plc-205.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 205.02}

(a) “Confidential letter of concern” means a non-disciplinary written letter from a board to a licensee to draw the licensee’s attention to specific acts or omissions that could place the licensee at risk of future disciplinary or non-disciplinary remedial action if the acts or omissions are repeated or otherwise continue.

(b) “Consent order” means a written order, issued by the presiding officer on behalf of the board with the consent of the licensee, that contains stipulated facts and imposes disciplinary sanctions or non-disciplinary remedial measures that have been consented to by the licensee to resolve specific allegations of licensee misconduct.

(c) “Preliminary agreement not to practice (PANP)” means an agreement between a respondent and the enforcement division that the respondent will refrain from practicing until any disciplinary or non-disciplinary remedial proceeding that results from a pending or completed investigation is resolved.

(d) “Treatment program” means a program, including but not limited to a professionals’ health program identified in RSA 310:5, III, in which an individual receives medical or psychological treatment, or both, or another appropriate form of intervention or monitoring, to assist the individual in overcoming a condition that has impaired the individual’s ability to practice competently and safely.

(e) “Voluntary surrender” means the relinquishment by a licensee of the right to practice a profession without a formal adjudication of misconduct.

History

(See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 205.03 Actions Upon Receipt of Investigation Report {#sec-plc-205.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 205.03}

Upon the receipt of an investigation report, the board shall:

(a) Dismiss the action, if the investigation does not reveal that misconduct occurred;

(b) Dismiss the action and issue a confidential letter of concern, if the investigation shows that:

(1) The licensee’s actions constituted misconduct, but occurred under conditions that suggest the licensee would not, under normal circumstances, engage in the conduct and the actions have not been repeated; or

(2) It might not be possible to prove in an adjudicative hearing that the licensee engaged in the actions, even though a reasonable person would conclude, based on the totality of the evidence, including evidence that might not be admissible at a hearing, that the licensee did engage in the actions; or

(c) Commence an adjudicative proceeding to determine whether to impose disciplinary sanctions or non-disciplinary remedial measures.

History

(See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

(a) If a disciplinary or non-disciplinary remedial proceeding is initiated and discussions between the prosecutor and the respondent result in an agreement on the facts that constitute the basis for sanction(s) and on the appropriate sanction(s), including but not limited to diversion to a treatment program, voluntary surrender, limitations on the scope of practice, or suspension, the agreement shall be written as a proposed settlement agreement and presented to the board for review and approval, as required by RSA 310:10, VIII(a), subject to (b), below.

(b) If the matter resulted from a complaint for which RSA 310:10, VIII(a) requires the complainant to have an opportunity to comment, the administrative prosecutor shall provide the complainant with an opportunity to comment on the proposed settlement terms prior to submitting the proposed settlement to the board.

(c) If the board has questions about the proposed settlement, such as whether the terms are appropriate or whether the respondent understands them, the board shall conduct a hearing on the proposed settlement agreement under the same confidentiality conditions as a prehearing conference.

(d) If the board agrees with the terms of the proposed settlement agreement, the board shall approve the settlement agreement and issue it as a consent order.

(e) If the board does not agree with the terms of the proposed settlement agreement, the board shall return the settlement agreement to the parties, and include an explanation of each reason why the board does not agree with the terms.

History

(See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 205.05 PANP, Voluntary Surrender Not an Admission of Wrongdoing {#sec-plc-205.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 205.05}

(a) A PANP shall not constitute an admission of wrongdoing by the licensee.

(b) The voluntary surrender of a license shall not, in and of itself, constitute an admission of wrongdoing by the licensee.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 205.06 Non-Disciplinary Remedial Actions {#sec-plc-205.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 205.06}

(a) A board shall take non-disciplinary remedial action against any person licensed by it only if it finds that the person is afflicted with physical or mental disability, disease, disorder, or condition that causes the licensee’s continued practice to be deemed dangerous to the public health, safety, or welfare.

(b) For purposes of this section, the following definitions shall apply:

(1) “Deemed dangerous to the public health, safety, or welfare” means that the affliction or condition causes the licensee to be incapable of behaving in conformity with accepted professional standards for the profession in which the licensee practices; and

(2) “Unacceptable threat to public health, safety, or welfare” means that the threat posed by the licensee to the life, health, or safety of individuals with whom the licensee interacts in a professional capacity is greater than the licensee’s interests in retaining the licensee’s license.

(1) Provide notice and an opportunity for an adjudicative hearing to the licensee; and

(2) Only take the action after making an affirmative finding that:

a. The licensee is afflicted with a physical or mental disability, disease, disorder, or condition that causes the licensee’s continued practice to be deemed dangerous to the public health, safety, or welfare; and

b. Allowing the licensee to continue to practice would create an unacceptable threat to public health, safety, or welfare.

(d) The action taken by the board shall be the least restrictive action that will address the affliction or condition and abate the threat, provided that the board shall revoke a license only if the findings required by (c)(2), above, are made based on clear and convincing evidence.

History

(See Revision Note 1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

Part Plc 206 Adjudicative Proceedings

N.H. Code Admin. R. Ann. Plc 206.01 Applicability; Definition {#sec-plc-206.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.01}

(a) The rules in Plc 206 shall apply to any proceeding initiated by a board under:

(1) RSA 310:10, to suspend, revoke, refuse to renew a license based on alleged misconduct, or impose administrative fines or other disciplinary sanctions or non-disciplinary remedial measures, or any combination thereof;

(2) RSA 310:13, to impose a fine for unlicensed practice; or

(3) RSA 310:11, to initiate and conduct a licensing proceeding.

(b) For purposes of this part, “reciprocal discipline hearing” means an adjudicative hearing conducted to determine:

(1) Whether to impose sanctions, including suspension, revocation, refusal to renew based on alleged misconduct, and imposition of administrative fines, based on conduct for which a licensee has been disciplined in another jurisdiction; or

(2) Whether to deny a license application based on:

a. Conduct that resulted in another jurisdiction denying a license to an applicant; or

b. Conduct for which a licensee has been disciplined in another jurisdiction.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.02 Contact Information Updates Required; Specify Whether Electronic Service is Acceptable {#sec-plc-206.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.02}

(a) Any participant in an adjudicative proceeding and any person who has filed a petition for rehearing shall maintain a current mailing address, daytime telephone number including area code, and personal e-mail address on file with the presiding officer until completion of the matter.

(b) Each participant other than the prosecutor shall indicate whether or not service of documents using the email address provided or other electronic means such as a secure file transfer protocol will be accepted.

(d) Notices mailed by first class mail, postage prepaid, to the address on file with the presiding officer shall be presumed to have been received by the addressee within 5 working days after the date of mailing.

(e) Emails sent to the email address on file with the presiding officer and documents provided using other electronic means such as a secure file transfer protocol for which no indication is received that delivery was not made shall be presumed to have been received by the addressee within one working day after the date sent, provided that service of documents under Plc 206.11 shall be by email or other electronic service only if the participant has indicated that email or other electronic service will be accepted.

(f) For purposes of this section, “completion of the matter” means the later of:

(1) The date compliance is achieved or the fine is paid, if applicable;

(2) The expiration of the time period allowed by law for appealing the decision, if no appeal is filed within that time; or

(3) The date of the final decision on the last appeal taken.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.03 Presiding Officer Appointment and Authority {#sec-plc-206.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.03}

(a) All hearings in any adjudicative proceeding other than a licensing proceeding shall be conducted by the presiding officer designated pursuant to RSA 310:10, IV.

(b) All hearings in any licensing proceeding shall be conducted by the presiding officer designated pursuant to RSA 310:11, III.

(1) Regulate and control the course of a hearing;

(2) Facilitate an informal resolution of the subject matter of the hearing;

(3) Administer oaths and affirmations;

(4) For other than licensing proceedings, issue subpoenas to compel the attendance of witnesses at hearings or the production of documents as provided in RSA 310:10, V;

(5) Receive relevant evidence at hearings and exclude irrelevant, immaterial, or unduly repetitious evidence;

(6) Rule on procedural requests, including adjournments or continuances, at the request of a participant or on the presiding officer’s own motion;

(7) Question any individual who testifies;

(8) Cause a complete record of any hearing, as described in RSA 541-A:31, VI, to be made; and

(9) Take any other action consistent with applicable law necessary to conduct the hearing and complete the record in a fair and timely manner.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.04 Withdrawal of Presiding Officer {#sec-plc-206.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.04}

(a) Upon his or her own initiative or upon the motion of any participant, the presiding officer shall, for good cause, withdraw from any proceeding.

(b) If the request to withdraw is made by a participant, the motion shall contain or be accompanied by sworn testimony or other evidence to support the motion.

(1) Has a direct interest in the outcome of a proceeding, including but not limited to a financial or family relationship with any participant;

(2) Has made statements or engaged in behavior, other than voting upon matters relevant to the case, that objectively demonstrate that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

(d) Mere knowledge of the issues, the participants, or any actual or potential witness shall not constitute good cause for withdrawal.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 206.05 Waiver of Rules by Presiding Officer {#sec-plc-206.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.05}

The presiding officer, upon his or her own initiative or upon the motion of any participant, shall waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension:

(a) Appears to be lawful; and

(b) Would be more likely to promote the fair, accurate, and efficient resolution of issues to be resolved in the proceeding than would adherence to a particular rule or procedure.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.06 Commencement of Adjudicative Proceedings {#sec-plc-206.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.06}

(a) Except for emergency proceedings initiated as provided in Plc 206.07, the OPLC shall commence an adjudicative proceeding on behalf of the board by issuing a notice of hearing to the respondent, the respondent’s attorney if known, and the enforcement division, at least 15 days before the first scheduled hearing date or first prehearing conference in accordance with RSA 310:10, X and this section.

(b) The notice commencing an adjudicative proceeding shall identify the docket number assigned to the matter by the OPLC and:

(1) Comply with RSA 541-A:31, III by including:

a. A statement of the time, place, and nature of the hearing;

b. A statement of the legal authority under which the hearing is to be held;

c. A reference to the particular sections of the statutes and rules involved;

d. A short and plain statement of the issues involved, provided that a more detailed statement of the issues shall be furnished, if requested, within not more than 20 days from receipt of the request;

e. A statement that each participant has the right to have an attorney present to represent the participant at the participant’s expense; and

f. A statement that each participant has the right to have the OPLC provide a certified shorthand court reporter at the participant’s expense, and that any such request be submitted in writing at least 10 days prior to the hearing;

(2) For disciplinary hearings, identify whether the action was initiated by a written complaint or on the board’s own motion, or both;

(3) Specify the date by which, and the address to which, appearances or motions by participants shall be filed;

(4) Specify the date and time of an initial prehearing conference if one has already been scheduled, together with the telephone number or log-in information to be used to participate in the prehearing conference;

(5) Identify the presiding officer for the proceeding;

(6) Identify any special procedures to be followed;

(7) Identify any confidentiality requirements applicable to the proceeding; and

(8) Contain such other information or attachments as are warranted by the circumstances of the case, including, but not limited to:

a. Orders severing issues from the proceeding or consolidating the proceeding with a different proceeding; and

b. Orders directing the production or exchange of documents.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.07 Initiation and Conduct of Emergency Proceedings {#sec-plc-206.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.07}

(a) To initiate an emergency proceeding, the OPLC shall issue an order on behalf of the board that immediately suspends the respondent’s license based on:

(1) A determination that there is a reasonable basis to believe that emergency action is necessary to protect public health, safety, or welfare, if the action is commenced under RSA 541-A:30, III; or

(2) Such determination as is required by the practice act under which the action is commenced.

(b) If an emergency proceeding is commenced, the board shall conduct an adjudicative hearing within the time specified in the statute upon which the action is based, which for actions commenced under RSA 541-A:30, III is not later than 10 working days after the date of the order suspending the license, to determine whether to continue the suspension of the respondent’s license pending a full adjudication of the matter.

(c) The OPLC, on behalf of the board, shall issue a notice of the date, time, and place of the hearing to determine whether to continue the suspension that:

(1) Complies with Plc 206.06(b); and

(2) Includes a statement that offers of proof may be made as provided in Plc 206.23.

(d) A respondent may request the hearing held pursuant to (b), above, to be delayed, which request shall be granted only if the respondent agrees to the emergency suspension remaining in place until the board issues its decision after the hearing held pursuant to (b), above.

(e) Except as provided in (f), below, at a hearing held pursuant to (b), above, the prosecutor shall have the burden of proof by a preponderance of the evidence that:

(1) Allowing the respondent to remain in practice pending a full adjudication of the matter poses a threat to public health, safety, or welfare, based on the nature and severity of the alleged violations from which the matter arose; and

(2) The threat to public health, safety, or welfare outweighs the respondent’s interests in continuing to practice.

(f) If applicable law establishes different elements of proof, the prosecutor shall have the burden of proof by a preponderance of the evidence on each such element.

(g) The license suspension shall be continued pending a full adjudication of the matter only if the prosecutor meets the burden of proof established in (e) or (f), above, as applicable.

(h) If, as a result of the hearing held pursuant to (b), above, the board continues the license suspension pending a full adjudication of the matter, the board shall conduct a full evidentiary hearing to determine final disciplinary sanctions or non-disciplinary remedial measures within 60 days of the date of the initial emergency suspension unless extended pursuant to (i) or (j), below, provided the license shall remain suspended pending completion of the adjudication.

(i) A full evidentiary hearing to determine final disciplinary sanctions or non-disciplinary remedial measures shall only be held more than 60 days after the date of the initial emergency suspension if:

(1) The prosecutor and the respondent agree to delay the proceeding; or

(2) More time is needed to obtain information that is necessary to make a final determination, provided that the hearing shall be held no later than 120 days from the date of the initial emergency suspension unless the information is not available within that time due to:

a. Reasons within the control of the respondent; or

b. The pendency of a criminal prosecution arising from the same circumstances as those on which the administrative proceeding is based.

(j) If a hearing is delayed pursuant to (i), above, the presiding officer shall schedule a prehearing conference to request a status report from the prosecutor and the respondent within 120 days of the initial emergency suspension and at intervals no shorter than 60 days and no longer than 90 days thereafter until a full adjudicative hearing is scheduled or the matter is otherwise resolved.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.08 Methods of Proceeding - Generally {#sec-plc-206.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.08}

(a) If the participants agree, the proceeding shall be conducted as follows:

(1) Where facts material to the subject matter of the proceeding are in dispute, but personal observation of the witnesses or the immediate opportunity for cross-examination of witnesses is not required, the proceeding shall, to that extent, consist of the submission of affidavits and memoranda; and

(2) Where no facts material to the subject matter of the proceeding are in dispute the proceeding shall, to that extent, be limited to the submission of memoranda that argue the legal conclusions the participants wish the presiding officer to draw from the undisputed facts.

(b) If the participants do not agree to one of the methods of proceeding in (a), above, the matter shall proceed to an oral adjudicative hearing before the board or, if the provisions of RSA 310:10, XIV or XV have been exercised as provided in Plc 203.05, before the presiding officer.

(c) For proceedings in any of the professions for which the board is an advisory board or for which there is no board, the oral adjudicative hearing shall be conducted either by the presiding officer designated by the executive director alone or, if the executive director determines that the expertise of the advisory board members is necessary, by a panel consisting of the presiding officer and a minimum of 2 members of the relevant advisory board.

(d) For proceedings in any other professions, the oral adjudicative hearing shall be conducted in accordance with applicable law, including but not limited to RSA 541-A, RSA 310:10, and RSA 310:11 as applicable.

(e) A recording of the hearing shall be taken and preserved. If requested by a participant, the record of the proceeding shall be made by a certified shorthand court reporter at the requestor’s expense, pursuant to RSA 541-A:31, VII-a.

(f) If a participant has reason to participate via electronic means, the participant shall file a motion no later than the deadline for filing a witness list, or as much in advance as possible based on the circumstances, which motion shall be granted if the presiding officer determines that:

(1) The participant has access to equipment necessary to enable participation via electronic means; and

(2) The participant has demonstrated a compelling reason or justification, including but not limited to circumstances beyond the participant’s control that impair the participant’s ability to attend the hearing in person.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM,. eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.09 Appearances and Representation {#sec-plc-206.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.09}

(a) A respondent or the respondent’s representative shall file an appearance that includes the following information:

(1) A brief identification of the matter, including the docket number;

(2) A statement as to whether or not the representative is an attorney and, if so, whether the attorney is licensed to practice in New Hampshire;

(3) The respondent’s or representative’s daytime address, telephone number including area code, and email address; and

(4) Whether the respondent or representative will accept electronic service via email or other secure file transfer protocol, provided that if the filing does not so indicate, the presiding officer or designee shall contact the individual filing the appearance to find out in lieu of rejecting the filing.

(b) A respondent’s representative who is an attorney not licensed in New Hampshire shall file a “Representative’s Attestation Regarding Unauthorized Practice of Law”, dated April 2025, with the appearance filed pursuant to (a), above.

(1) The matter in which the prosecutor will be appearing; and

(2) A daytime address and telephone number including area code and email address that can be used to contact the prosecutor.

(d) Any changes to the information in (a) through (c), above, shall be filed with the presiding officer, in writing, within 5 working days of the change.

(e) The presiding officer shall, after providing notice and opportunity for hearing, prohibit an individual from acting as a representative upon a finding that the individual has repeatedly violated rules or orders of the presiding officer, willfully disrupted the proceedings, or made material misrepresentations to the presiding officer or a participant in a proceeding.

(f) Any prohibition issued under (e), above, shall apply only to proceedings before the specific board at which the conduct causing the disqualification occurred.

(g) Nothing in this section shall be construed to permit the unauthorized practice of law.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.10 Filing of Documents; Certain Communications Prohibited {#sec-plc-206.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.10}

(a) Documents in an adjudicative proceeding shall be filed in accordance with Plc 203.02, provided that if a presiding officer has been identified, all documents shall be sent to the attention of the presiding officer.

(b) The requirement to file documents with the presiding officer shall not constitute permission for any participant to otherwise communicate with the presiding officer without all participants having prior notice of, and an opportunity to participate in, the communication.

(c) All petitions, motions, and replies filed in the proceeding shall be signed and dated by the proponent of the document or, if the proponent appears by a representative, by the representative.

(d) The signature shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file the document;

(3) To the best of the signer’s knowledge, information, and belief, there are good grounds to support the document; and

(4) The document has not been filed for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.11 Service of Documents {#sec-plc-206.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.11}

(a) All objections, motions, replies, memoranda, exhibits, or other documents filed in an adjudicative proceeding shall be served by the proponent upon all other participants by:

(1) Depositing a copy of the document in the United States mail, first class postage prepaid, addressed to the address of record in the proceeding for the participant being served, no later than the day the document is filed with the presiding officer;

(2) Delivering a copy of the document in hand to the participant being served on or before the date it is filed with the presiding officer; or

(3) Sending a copy of the document to the participant being served on or before the date it is filed with the presiding officer as an attachment to an email addressed to the email address of record or providing the document via secure file transfer protocol, provided that the participant who provided the email address has indicated that electronic service would be accepted in this manner.

(b) Notices, orders, decisions, or other documents issued by the presiding officer or board in connection with an adjudicative proceeding shall be served by the issuer upon all participants in the matter by:

(1) Depositing a copy of the document, first class postage prepaid, in the United States mail, addressed to the address of record in the proceeding for the participant being served;

(2) Delivering a copy of the document in hand to the participant being served; or

(3) Sending a copy of the document to the participant being served as an attachment to an email addressed to the email address of record or providing the document via secure file transfer protocol, provided that the participant who provided the email address has indicated that electronic service would be accepted in this manner.

(c) When a respondent’s representative or intervenor’s representative has filed an appearance, service shall be upon the representative.

(d) Except for exhibits distributed at a prehearing conference or hearing, every document filed with the presiding officer shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service and the person(s) served.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.12 Motions and Objections {#sec-plc-206.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.12}

(a) Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon short notice.

(b) Prior to filing a written motion, the participant filing the motion shall seek concurrence with the relief requested in the motion from the other participant(s), provided however that if the motion would result in a ruling that is adverse to another participant’s interests, the moving participant shall not be required to seek concurrence from that participant.

(1) The purpose of the motion;

(2) The relief sought by the motion;

(3) The statutes, rules, orders, or other authority authorizing the relief sought by the motion; and

(4) The facts claimed to constitute grounds for the relief requested by the motion.

(d) The participant filing the motion shall sign and date the motion in accordance with Plc 206.10(c).

(e) Objections to motions shall be filed within 10 days after the filing of the motion. Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

(f) Objections to motions shall be signed as required by Plc 206.10(c) and state clearly and concisely:

(1) The objection or defense of the participant filing the objection to any fact or request in the motion, set forth in separate paragraphs that identify the paragraph(s) in the original motion to which it relates;

(2) The action the participant filing the objection wishes the presiding officer to take on the motion;

(3) Statutes, rules, orders, or other authority relied upon to rebut the motion; and

(4) Any facts that are additional to or different from the facts stated in the motion.

(g) Motions shall be decided upon the writings submitted, unless the presiding officer determines that the expertise of the board is necessary to a full understanding of the motion or objection, or both, in which case the matter shall be scheduled for a hearing.

(h) Repetitious motions shall not be submitted.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.13 Role of Complainants and OPLC and Board Staff in Adjudicative Proceedings {#sec-plc-206.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.13}

(a) Unless called as a witness or granted intervenor status, a person whose complaint resulted in an adjudicative proceeding shall have no role in the adjudicative proceeding.

(b) Unless called as a witness or serving as the presiding officer or prosecutor, staff of the OPLC or the board conducting the proceeding shall have no role in the adjudicative proceeding.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.14 Intervention {#sec-plc-206.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.14}

(a) Any person who is not a respondent, respondent’s representative, or prosecutor who wishes to participate in an adjudicative proceeding shall file a motion to intervene.

(b) A motion to intervene shall state with particularity:

(1) The petitioner’s interest in the subject matter of the hearing;

(2) Why the interests of the existing participants and the orderly and prompt conduct of the proceeding would not be impaired by allowing the petitioner to intervene; and

(3) Any other reasons why the petitioner should be permitted to intervene.

(1) The petitioner has a substantial interest in the proceeding;

(2) The petitioner requested intervention in accordance with these rules; and

(3) Granting intervention will not prejudice an existing participant or unduly delay the proceeding.

(d) If a motion to intervene is granted, the intervenor shall take the proceeding as he or she finds it and no portion of the proceeding shall be repeated because of the fact of intervention.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 206.15 Consolidation; Severance {#sec-plc-206.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.15}

(a) Adjudicative proceedings that involve the same or substantially related issues shall be consolidated for hearing or decision, or both, when fairness, accuracy, and efficiency would be served by such an action.

(b) Consolidation shall be ordered in response to a timely motion from a participant or on the presiding officer’s own initiative.

(c) Upon timely motion from a participant or on the presiding officer’s own initiative, the presiding officer shall sever one or more issues from a proceeding and dispose of those issues in another proceeding if he or she determines that doing so would materially promote the fairness, accuracy, and efficiency of the proceeding.

(d) The presiding officer shall issue written notice to all participants of any determination to sever or consolidate proceedings.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 206.16 Continuances {#sec-plc-206.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.16}

(a) Any participant may make an oral or written motion that a hearing be delayed or continued to a later date or time.

(b) A motion for a delay in the commencement of a hearing or a continuance of a hearing that has already commenced shall be granted if the presiding officer determines that there is good cause to do so.

(1) The unavailability of one or more participants or witnesses necessary to conduct the hearing;

(2) The likelihood that a settlement will make the hearing or its continuation unnecessary; and

(3) Any other circumstances that demonstrate that a delay in commencing the hearing or a continuance of a hearing that has already commenced would assist in resolving the case fairly and efficiently.

(d) If the later date, time, and place are known when the hearing is being delayed or continued, the information shall be stated on the record. If the later date, time, and place are not known at that time, the presiding officer shall as soon as practicable issue a written scheduling order stating the date, time and place of the delayed or continued hearing.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 206.17 Prehearing Conferences {#sec-plc-206.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.17}

(a) At any time following the commencement of an adjudicative proceeding, the presiding officer, upon motion or upon his or her own initiative, shall request the participants to attend a prehearing conference when the presiding officer believes that such a conference would aid in the efficient and fair resolution of the proceeding.

(b) The prehearing conference shall be conducted by telephone or via electronic means unless one or more of the participants objects to doing so.

(1) The distribution of exhibits and written testimony, if any, to the participants;

(2) Opportunities and procedures for simplification of the issues;

(3) Possible amendments to the pleadings;

(4) Opportunities and procedures for settlement;

(5) Possible admissions of fact and authentication of documents to avoid unnecessary proof;

(6) Possible limitations on the number of witnesses and possible limitations on the scheduling of witnesses;

(7) Possible changes to the standard procedures that would otherwise govern the proceeding; and

(8) Other matters that might contribute to the prompt and orderly conduct of the proceeding.

(d) As provided in RSA 310:10, VI, pre-hearing conferences shall be exempt from the provisions of RSA 91-A.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.18 Discovery and Disclosure; Identification of Exhibits {#sec-plc-206.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.18}

(a) The enforcement division shall provide for the disclosure of any investigative report or other unprivileged information in the possession of the OPLC that is reasonably related to the subject matter of the proceeding.

(b) Parties shall attempt to agree among themselves concerning the mutual exchange of relevant information. If these efforts prove unsuccessful, a participant wishing to initiate discovery against another participant, shall, by motion:

(1) Seek leave to do so; and

(2) Identify the exact type of discovery requested.

(c) Discovery shall be ordered when the participants cannot adequately address specific relevant factual issues at the time fixed for the presentation of evidence, and addressing these issues at a subsequent time would place the requesting party at a material disadvantage.

(d) Subject to (e), below, not less than 14 days before the hearing the participants shall provide to the other participants and to the presiding officer:

(1) A list of all witnesses to be called at the hearing together with a brief summary of their testimony;

(2) A list of all documents and exhibits to be offered as evidence at the hearing; and

(3) A clear and legible copy of each document or exhibit, which shall be sequentially marked and identified as follows:

a. Exhibits from the prosecutor shall be marked with the words “Prosecution Exhibit” followed by a sequential cardinal number, so that the first exhibit is labeled “Prosecution Exhibit 1” and the second is “Prosecution Exhibit 2,” and so on;

b. Exhibits submitted by other participants shall be labeled in the same manner as the prosecutor’s, except they shall be identified by the words “Respondent Exhibit” or “Intervenor Exhibit” as appropriate; and

c. Exhibits submitted by any person not covered by a. or b. above shall be marked as directed by the presiding officer; and

(4) Any requests for changes to standard procedure or other matters concerning conduct of the hearing.

(e) If the proceeding was initiated pursuant to Plc 206.07 relative to emergency proceedings, the time period for providing the items specified in (d)(1)-(4), above, shall be not less than 3 working days before the hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.19 Subpoenas for Hearings {#sec-plc-206.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.19}

(a) The presiding officer shall issue subpoenas for the attendance of witnesses or the production of documents or other evidence in an adjudicative proceeding other than a licensing proceeding in accordance with RSA 310:10, V.

(b) The participant requesting a subpoena to be issued shall attach a copy of the proposed subpoena to the motion requesting the issuance of a subpoena. If the motion is granted, the requesting participant shall be responsible for the service of the subpoena and payment of any applicable witness fee and mileage expenses.

(c) A motion to quash or modify a subpoena shall be entertained from the person to whom the subpoena is directed, if filed no later than one working day before the date specified in the subpoena for compliance therewith. If the presiding officer denies the motion to quash or modify, in whole or in part, the person to whom the subpoena is directed shall comply with the subpoena or any modification thereof, within the balance of time prescribed in the subpoena or within 3 days from the date of the presiding officer’s order, whichever is later, unless the presiding officer expressly provides additional time to comply.

(d) The presiding officer shall grant a motion to issue a subpoena or a motion to quash a subpoena if there is a preponderance of evidence to support the motion.

(e) If a person fails to comply with a subpoena issued pursuant to this section, then:

(1) If the person is a licensee, such noncompliance shall constitute misconduct, for which the presiding officer or board shall:

a. Impose sanctions specific to any pending proceeding or investigation, including, but not limited to, entry of a default judgment as to some or all of the pending issues that is adverse to the noncompliant participant; or

b. Request the enforcement division to initiate a separate investigation against any non-compliant individual who is subject to the board’s jurisdiction; or

(2) For all non-compliant persons, the presiding officer shall:

a. Order the proceeding to continue and defer all, or part, of the subpoena enforcement issues;

b. Recommend that the board seek judicial relief; or

c. Determine there was just cause for the failure to comply with the subpoena, such as illness, accident, recent death of a family member, or other circumstances beyond the control of the non-compliant person.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.20 Testimony at an Adjudicative Hearing; Testimony Via Electronic Means {#sec-plc-206.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.20}

(a) All testimony at an adjudicative hearing shall be in accordance with RSA 541-A:33, I.

(b) Any individual offering testimony, evidence, or arguments shall state his or her name and municipality of residence on the record. If the individual is representing another person, the person being represented shall also be identified by name and address.

(c) Except as provided in (d), below, testimony shall be offered in the following order unless otherwise agreed at a prehearing conference or changed in a ruling on a motion:

(1) The prosecutor and such witnesses as the prosecutor calls;

(2) The respondent and such witnesses as the respondent calls; and

(3) Any intervenor(s) and such witnesses as the intervenor(s) call.

(d) At a hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication, the prosecutor shall present first.

(e) Anyone offering testimony shall be subject to cross-examination as provided in Plc 206.21.

(f) Any person included within (c)(1) through (3), above, who wishes to submit written testimony at the hearing in addition to oral testimony shall do so to the presiding officer, provided the person signs and dates such testimony and the presiding officer determines, as required by RSA 541-A:33, II, that the interests of the other participants will not thereby be prejudiced substantially. The participant submitting written testimony shall give a copy of such testimony to each other participant. All participants shall have the opportunity to cross-examine the witness on and offer rebuttal testimony to the written testimony.

(g) If a participant wishes to call as a witness an individual who is not in New Hampshire, the participant may file a motion to allow the individual to testify from another location using a video teleconference electronic meeting platform that allows all participants, the presiding officer, and members of the board or panel to communicate contemporaneously with each other, which motion shall be granted if:

(1) The witness is outside the jurisdiction of New Hampshire but is willing to testify;

(2) The witness has access to an electronic meeting platform that will allow all participants, the presiding officer, and members of the board or panel to communicate contemporaneously with each other and with the witness;

(3) The testimony to be offered by the witness is material to the moving participant’s presentation; and

(4) Either:

a. The other participants will not be materially prejudiced by allowing the witness to testify via electronic means; or

b. Any disadvantage to another participant from allowing testimony via electronic means is outweighed by the disadvantage to the moving participant if such testimony is not allowed.

(h) If a witness’s testimony is interrupted, for example by interruption of the connection for a witness who is testifying remotely or due to a medical emergency, the presiding officer shall determine whether to allow a continuance, terminate the testimony, allow written testimony to be submitted, or fashion another appropriate remedy after considering:

(1) How much of the witness’s testimony has already been received;

(2) How critical any missing testimony is to the issue(s) to be determined;

(3) Whether any cross-examination has occurred; and

(4) The wishes of the parties to the hearing and board members, if applicable.

(i) The presiding officer shall terminate any comments, questions, or discussions that are not relevant to the subject of the hearing.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.21 Inquiry by Presiding Officer or Panel Members; Cross-Examination {#sec-plc-206.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.21}

(a) The presiding officer shall make such inquiry of witnesses or participants as the presiding officer believes necessary to develop a sound record for decision.

(b) If the adjudicative hearing is being held by a policy-autonomous board or if there is a panel pursuant to Plc 206.08(c) or (d), the presiding officer shall allow the board or panel members to make such inquiries as are necessary for a full understanding of the issues to be determined.

(c) The presiding officer shall allow the participants or their representatives to cross-examine each witness, including any witness allowed to testify via electronic means pursuant to Plc 206.20(g), at the conclusion of the testimony of the witness.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.22 Evidence {#sec-plc-206.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.22}

(a) Receipt of evidence shall be governed by RSA 541-A:33.

(b) Evidence that is relevant and material to the subject matter of the adjudicative proceeding in which it is offered and that will reasonably assist the presiding officer and board to determine the truth shall be admissible.

(d) Whenever necessary for a full and fair consideration of the matter, the presiding officer shall take official notice in accordance with RSA 541-A:33, V.

(e) If a document or other exhibit has not been pre-marked as required by Plc 206.18, the presiding officer or designee shall mark each item accepted as an exhibit with a number or other notation to identify the exhibits in a sequential manner.

(f) If the original of a document is not readily available, the documentary evidence shall be received in the form of copies or excerpts.

(g) All documents, materials, and objects admitted into evidence at an adjudicative hearing and all written testimony submitted for the hearing shall be made available during the course of the hearing for examination by any participant.

(h) Any participant who objects to a ruling of the presiding officer regarding evidence or procedure made during an adjudicative hearing shall state the objection and the grounds therefor at the time the ruling is made. Any participant who objects to a ruling of the presiding officer regarding evidence or procedure made at a time other than during an adjudicative hearing shall file a written objection to the ruling in the form of a motion within 5 working days of the date of the ruling. Nothing herein shall be construed as independent authorization for interlocutory appeal of rulings of the presiding officer on issues of evidence or procedure.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.23 Offers of Proof {#sec-plc-206.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.23}

(a) An offer of proof shall be based on a sworn, written affidavit that details the facts and circumstances the offering participant wishes to prove.

(b) An offer of proof shall only be made if the individual who swore to the truth of the statements in the affidavit is:

(1) Present for the hearing in which the offer of proof is made;

(2) Sworn in under oath or affirmation; and

(3) Subject to cross-examination.

(c) A participant may rebut an offer of proof with an offer of proof that is subject to the conditions specified in (b), above.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 206.24 Burden and Standard of Proof {#sec-plc-206.24 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.24}

(a) Subject to (c) through (h), below, the person asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

(b) Without limiting the generality of (a), above, the person filing a motion shall have the burden of persuading the presiding officer that the motion should be granted.

(c) In a disciplinary or non-disciplinary remedial hearing, the prosecutor shall have the overall burden of proof by a preponderance of the evidence, unless (f), below, applies.

(d) In a hearing held pursuant to Plc 206.07(b) to determine whether to continue an emergency suspension pending a full adjudication, the prosecutor shall have the burden of proof as stated in Plc 206.07(e) or (f), as applicable.

(e) Subject to (f), below, in a hearing to determine whether to issue a license, the applicant shall have the overall burden of proving that he or she meets the qualifications established in applicable law by a preponderance of the evidence.

(f) In a hearing held pursuant to RSA 332-G relative to determining whether an applicant or potential applicant is disqualified by reason of a criminal record, the board shall have the burden of proof on the factors listed in RSA 332-G by clear and convincing evidence.

(g) In any disciplinary or non-disciplinary remedial proceeding, license revocation shall be imposed only if all elements of the misconduct on which the revocation would be based are either admitted by the respondent or proven by clear and convincing evidence.

(h) In any reciprocal discipline hearing:

(1) The licensee or applicant shall have the burden of persuasion by a preponderance of the evidence that the individual’s conduct in another jurisdiction does not constitute grounds to impose sanctions or deny licensure, as applicable, in New Hampshire, or that lesser sanctions should be imposed in New Hampshire; and

(2) The prosecutor shall bear the burden of persuasion by a preponderance of the evidence on the issue of whether more stringent sanctions should be imposed in New Hampshire.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.25 Failure to Attend or Participate in the Hearing {#sec-plc-206.25 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.25}

(a) For purposes of this section, “party” means:

(1) The prosecutor or the respondent, in any disciplinary or non-disciplinary remedial proceeding; or

(2) The applicant, in any licensing proceeding.

(b) A party shall be in default if the party:

(1) Has the overall burden of proof;

(2) Has received the notice given as required by Plc 206.06; and

(3) Fails to attend the hearing.

(c) If a party is in default under (b), above, the matter shall be dismissed unless there is just cause shown for failure to attend. Just cause shall include illness, accident, the recent death of a family member, or other circumstance beyond the control of the party that prevented the party from attending the hearing.

(d) If a party who does not have the overall burden of proof fails to attend the hearing after having received the notice given as required by Plc 206.06, the testimony and evidence of any other parties or intervenors shall be received and evaluated.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 206.26 Reconvening of Adjudicative Hearings {#sec-plc-206.26 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.26}

(a) If a hearing is held in a participant’s absence pursuant to Plc 206.25, the participant may file a motion within 10 days after the date of the hearing to reconvene the hearing.

(b) The motion to reconvene the hearing shall include an explanation of why the participant did not attend the hearing and why the participant did not notify the presiding officer in advance of the hearing, which explanation shall be supported by affidavits or other evidence.

(c) If the submitted evidence shows that good cause exists to explain the participant’s failure to appear at the hearing and to explain the participant’s failure to notify the presiding officer in advance of the hearing, the hearing shall be reconvened and testimony and evidence offered by the participant shall be received.

(d) For purposes of this section, good cause shall be limited to circumstances beyond the control of the participant that render the participant unable to attend the hearing and unable to notify the presiding officer in advance of the hearing.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 206.27 Proposed Findings of Fact and Conclusions of Law {#sec-plc-206.27 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.27}

(a) Participants may submit proposed findings of fact or conclusions of law.

(b) If proposed findings of fact or conclusions of law are submitted, each requested finding or conclusion shall be set forth in a separately numbered paragraph.

(c) The presiding officer shall direct any participant to submit proposed findings of fact or conclusions of law if the presiding officer finds such a submission will clarify the pertinent facts or more specifically identify the applicable law.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22

N.H. Code Admin. R. Ann. Plc 206.28 Closing the Record {#sec-plc-206.28 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.28}

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b), below, and Plc 206.29.

(b) Before the conclusion of the hearing, a participant may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other participants have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the participant to file the evidence.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200

N.H. Code Admin. R. Ann. Plc 206.29 Reopening the Record {#sec-plc-206.29 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.29}

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any participant, shall reopen the record to receive relevant, material, and non-duplicative testimony, evidence, or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200

N.H. Code Admin. R. Ann. Plc 206.30 Decisions on Questions of Law, Issues of Fact, and Sanctions {#sec-plc-206.30 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.30}

(a) As provided in RSA 310:10, IV, the presiding officer in any disciplinary or non-disciplinary remedial proceeding shall preside at the hearing, administer oaths or affirmations to witnesses, rule on questions of law and other procedural matters, and issue final orders based on factual findings of the board.

(b) As provided in RSA 310:10, VII, boards shall be the triers of fact in all disciplinary and non-disciplinary remedial proceedings and shall determine sanctions or remedial measures, if any, subject to (c), below.

(c) If the provisions of RSA 310:10, XIV or XV have been exercised as provided in Plc 203.05, the presiding officer shall, in addition to exercising the authority conferred by RSA 310 and RSA 541-A, make findings of fact, determine appropriate sanctions or actions, and accept or deny settlement agreements.

(d) A final adjudicative order shall take effect on the date it is served on the respondent and the enforcement division pursuant to Plc 206.11(b).

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.28) (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.31 Request or Petition for Rehearing; Answers {#sec-plc-206.31 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.31}

(a) For purposes of this section, “petition for rehearing” means, depending on context:

(1) A request for a rehearing after a final order has been issued in a disciplinary or non-disciplinary remedial proceeding;

(2) A request for a rehearing after a license application has been denied after a hearing as provided in RSA 310:14, I-a and Plc 304.10; or

(3) A request for a rehearing after a determination of disqualification from state licensure based on a criminal record pursuant to RSA 332-G:10.

(b) A petition for rehearing shall be filed:

(1) Within 30 calendar days after service of a final order in a disciplinary or non-disciplinary remedial proceeding;

(2) Within 30 calendar days of receipt of the final decision to deny an application for licensure in a hearing held as provided in Plc 304.10; or

(3) Within 30 calendar days after the decision is made for a hearing conducted under RSA 332-G:10.

(1) Use the “Universal Petition for Rehearing” dated April 2025; or

(2) Provide the information required by (d), below, in another legible format.

(d) The petition shall:

(1) Clearly identify:

a. The respondent, by name and license number, and the docket number of the matter for which the petition is being filed, for rehearing in a disciplinary or non-disciplinary remedial proceeding;

b. The applicant, by name as shown on the application, together with the profession for which the application was filed, the date of the hearing, and the date the decision was issued, for rehearing relating to licensure; or

c. The individual who requested the determination, by name as it appeared on the request, together with the date of the hearing and the date the decision was issued, for a determination under RSA 332-G:10;

(2) Clearly state whether the petitioner is seeking to have the decision reversed or modified and, if modified, the specific modification(s) sought;

(3) Clearly identify the specific findings of fact or conclusions of law, or both, that the petitioner asserts are erroneous;

(4) Contain such argument in support of the petition as the petitioner desires to present, including an explanation of how substantial justice would be done by granting the relief requested; and

(5) For a petition for rehearing in a disciplinary or non-disciplinary remedial proceeding, be served by the petitioner on all other participants in accordance with Plc 206.11.

(e) The petitioner or petitioner’s representative shall sign the petition.

(f) The signature provided pursuant to (e), above, shall constitute attestation that:

(1) The signer has read the petition for rehearing;

(2) The signer is authorized to file the petition for rehearing;

(3) To the best of the signer’s knowledge, information, and belief, there are good grounds to support the petition for rehearing; and

(4) The petition for rehearing has not been filed solely or primarily for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

(g) No answer to a petition for rehearing shall be required, but any answer or objection filed shall be delivered to the presiding officer within 5 working days following receipt of service of the petition for rehearing.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.29(a)-(c)) (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.32 Action on Petition for Rehearing {#sec-plc-206.32 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.32}

(a) In a disciplinary or non-disciplinary remedial proceeding, the presiding officer shall grant a petition for rehearing if the petition was timely filed and the petitioner demonstrates by a preponderance of the evidence that:

(1) The law was applied incorrectly;

(2) The facts on which the decision is based are not supported by the record; or

(3) Another compelling reason exists to reconsider the matter, including but not limited to new material evidence becoming available or material evidence that was offered was improperly excluded.

(b) In a rehearing of a decision to deny a license or to impose conditions, if the petition for rehearing was timely filed and states a rational basis for reconsideration, then:

(1) The presiding officer shall grant the petition and refer the matter to the board for reconsideration if the provisions of RSA 310:11, VII or VIII have not been exercised and the petition raises questions of fact or mixed fact and law; or

(2) The presiding officer shall grant the petition and reconsider the decision if the provisions of RSA 310:11, VII or VIII have been activated.

(c) In a rehearing of a decision under RSA 332-G:10, the presiding officer shall grant a petition for rehearing if the petition was timely filed and the petitioner demonstrates by a preponderance of the evidence that:

(1) The facts on which the decision is based are not supported by the record; or

(2) Another compelling reason exists to reconsider the matter, including but not limited to new material evidence becoming available or material evidence that was offered was improperly excluded.

(d) The filing of a petition for rehearing shall not automatically stay the order for which reconsideration is sought.

(e) If the petitioner does not meet the applicable standard for granting a rehearing specified in (a) through (c), above, the presiding officer shall deny the petition, and an order denying the petition shall be:

(1) Served on the participants in accordance with Plc 206.11; and

(2) Effective on the date it is served.

(f) If the presiding officer in a disciplinary or non-disciplinary remedial proceeding determines that issues of fact form the basis for part or all of the petition, the presiding officer shall:

(1) Forward the petition and any response(s) received to the board for consideration, if the provisions of RSA 310:10, XIV or XV have not been exercised; or

(2) Reconsider the facts and make any adjustments needed, if the provisions of RSA 310:10, XIV or XV have been exercised.

(g) A decision on reconsideration shall be issued after fully considering the petition and any responses thereto, which reconsideration shall include a hearing on the factual issues identified in the motion if the board or presiding officer, as applicable, determines a hearing to be necessary to a full consideration of the facts.

(h) A final order upon rehearing shall be:

(1) Served on the participants in accordance with Plc 206.11; and

(2) Effective on the date it is served.

(i) Successive petitions for rehearing by or on behalf of the same participant shall not be permitted.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.29(d)-(j)) (see Revision Note #2 at chapter heading for Plc 200); ss by #14133, INTERIM, eff 12-1-24, EXPIRES: 5-30-25; ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.33 Appeal from Final Decision on Rehearing {#sec-plc-206.33 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.33}

Pursuant to RSA 310:14, III:

(a) Appeals from a decision on rehearing shall be by appeal to the supreme court pursuant to RSA 541; and

(b) No sanction shall be stayed by the board during an appeal.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.30) (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 206.34 Records of Decisions {#sec-plc-206.34 omnilex-key=us-nh-regs-official--agency-plc--Plc 206.34}

The OPLC shall keep a final board decision for at least 5 years following its date of issuance, unless the director of the division of records management of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40 or approves a different retention schedule.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 206.31) (see Revision Note #2 at chapter heading for Plc 200)

Part Plc 207 Non-Adjudicative Proceedings

N.H. Code Admin. R. Ann. Plc 207.01 Purpose and Applicability; Definitions {#sec-plc-207.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.01}

(a) The purpose of this part is to provide uniform procedures for the conduct of non-adjudicative proceedings, in particular oral public hearings. The rules in this part shall be construed and implemented in compliance with the requirements of RSA 91-A, in particular RSA 91-A:2 relative to meetings of boards generally, and RSA 91-A:2, IV relative to meetings of state boards.

(b) This part shall apply to proceedings conducted by the executive director or a board to:

(1) Adopt, readopt, amend, or repeal rules, referred to as rulemaking; or

(2) Provide information to the public and receive comments from the public in any other matter that is not an adjudicative proceeding covered by Plc 206.

(1) “Hybrid hearing” means “hybrid hearing” as defined in RSA 541-A:1, VII-c, namely “an agency public comment hearing for rulemaking held in a physical location but with the option for participation by the public by electronic means pursuant to RSA 541-A:11 and RSA 541-A:19-a”;

(2) “Hybrid-type hearing” means an oral public hearing for a reason other than rulemaking that is held in a physical location but with the option for participation by the public by electronic means;

(3) “Tech support” means the personnel assigned by the executive director or the board to ensure that any problems with access to a hybrid, hybrid-type, or virtual hearing are resolved expeditiously; and

(4) “Virtual hearing” means “virtual hearing” as defined in RSA 541-A:1, XVII, namely “an agency public comment hearing for rulemaking held only electronically and which provides public access to participate by electronic means pursuant to RSA 541-A:11 and RSA 541-A:19-a.”

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.02 Notice of Oral Public Hearings Conducted By or On Behalf Of the Executive Director {#sec-plc-207.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.02}

(a) Notice of the date, time, and place of an oral public hearing on rules proposed by the executive director shall be given by:

(1) Publication of a rulemaking notice that complies with RSA 541-A:6, I or RSA 541-A:19-a, II, as applicable, in the “NH Rulemaking Register” published by the office of legislative services, including, if the hearing will be a hybrid or virtual hearing, the information needed to access the meeting electronically and a mechanism for the public to contact tech support during the hearing if there are problems with access, such as an email address and telephone number;

(2) Posting a notice on the OPLC web page relating to laws and rules, currently https://www.oplc.nh.gov/oplc-laws-and-rules; and

(3) If the rules relate to a specific profession for which the executive director has authority under the practice act to regulate that specific profession, on the profession-specific laws and rules page on the OPLC website.

(b) Subject to (c), below, notice of the date, time, and place of an oral public hearing conducted by or on behalf of the executive director for any reason other than rulemaking shall be given by such means as the executive director determines will notify those persons likely to be interested in the most cost-effective manner.

(c) If an oral public hearing for other than rulemaking will be conducted by or on behalf of the executive director as a hybrid-type hearing, the notice also shall provide:

(1) The information needed to access the meeting electronically; and

(2) A mechanism for the public to contact tech support during the hearing if there are problems with access, such as an email address and telephone number.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.03 Oral Public Hearings Conducted by a Policy-Autonomous Board {#sec-plc-207.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.03}

(a) All oral public hearings conducted by a policy-autonomous board shall be conducted in compliance with RSA 91-A, in particular RSA 91-A:2 relative to meetings of boards generally, and RSA 91-A:2, IV relative to meetings of state boards specifically, which is reprinted in Appendix C.

(b) If a board conducts a meeting that includes an oral public hearing, including but not limited to a rulemaking hearing, a member of the board who wishes to participate via electronic means in the oral public hearing may request to participate via electronic means based on it not being reasonably practicable to attend the meeting in person, as contemplated by RSA 91-A:2, IV(a).

(1) Identify or explain the reason(s) why it is not reasonably practicable for the member to attend in person, as described in (d), below; and

(2) Confirm that the member has, or has access to, such equipment as is necessary to allow the member to see and hear, and be seen and heard by, the other members of the board attending the meeting and members of the public in attendance at the meeting site, contemporaneously and throughout the meeting, as required by RSA 91-A:2, IV(b).

(d) Reasons why it is not reasonably practicable for the member to attend in person shall include any circumstances that interfere with the member’s ability to attend the hearing in person but that do not interfere with the member’s ability to understand and participate in the oral public hearing, including but not limited to the member not having access to transportation to the meeting, the member having a medical condition that renders travel to the meeting impracticable or contrary to a doctor’s orders, the member being out of state on business but available via electronic means for the time needed for a meeting, and the member living in an area that has been cut off from transportation routes by natural disasters or acts of vandalism.

(e) The board shall vote to allow the member to participate via electronic means if:

(1) At least one-third of the total membership of the board is or will be present at the physical location of the hearing, as required by RSA 91-A:2, IV(b), without the physical presence of the member who is requesting to participate remotely;

(2) The member requesting to participate via electronic means has, or has access to, such equipment as is necessary to allow the member to see and hear, and be seen and heard by, the other members of the board attending the hearing and members of the public attending the hearing in-person or via electronic means, contemporaneously and throughout the hearing, as required by RSA 91-A:2, IV(b); and

(3) The board finds that it is not reasonably practicable for the member to attend in person.

(f) As provided in RSA 91-A:2, IV(b):

(1) A member participating in a hearing via electronic means as described in this section is deemed to be present for all purposes, including for determination of a quorum and voting;

(2) Each member participating via electronic means shall identify the persons present in the location from which the member is participating; and

(3) All votes taken relating to the subject of the hearing shall be by roll call vote.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.04 Notice of Oral Public Hearings Conducted by a Policy-Autonomous Board {#sec-plc-207.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.04}

(a) Subject to (b), below, notice of the date, time, and place of an oral public hearing conducted by a policy-autonomous board to receive comments on proposed rules shall be given by:

(1) Publication of a rulemaking notice that complies with RSA 541-A:6, I or RSA 541-A:19-a, II, as applicable, in the “NH Rulemaking Register” published by the office of legislative services;

(2) Posting a copy of the rulemaking notice on the OPLC web page for that board’s laws and rules; and

(3) Complying with any additional notification requirements in RSA 91-A.

(b) If a policy-autonomous board wishes to conduct a hybrid hearing, to allow participation by the public in the oral public hearing on proposed rules via electronic means, the rulemaking notice shall include the information required by RSA 541-A:6, I(k) or RSA 541-A:19-a, II(g), as appliable, namely:

(1) The information needed to access the meeting electronically; and

(2) A mechanism for the public to contact tech support during the hearing if there are problems with access, such as an email address and telephone number.

(d) Board members shall not participate in any oral public hearings via electronic means except in strict compliance with RSA 91-A:2, IV, as described in Plc 207.03.

(e) For any other oral public hearing conducted by or on behalf of a policy-autonomous board that is not related to rulemaking, notice of the hearing shall be given as required by RSA 91-A and in such supplemental ways as will reach those persons likely to be interested in the most cost-effective manner.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.05 Attendance of Executive Director at Hearings on Proposed Rules {#sec-plc-207.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.05}

As required by RSA 541-A:11, II, for rules proposed by the executive director, each hearing shall be attended by the executive director or a designee who is knowledgeable in the particular subject area of the proposed rules.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.03(b)) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.06 Attendance at Hearings on Rules Proposed by a Policy-Autonomous Board {#sec-plc-207.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.06}

(a) As required by RSA 541-A:11, II, for rules proposed by a policy-autonomous board, each hearing on proposed rules shall be attended by a quorum of the board’s members.

(b) Board members shall not participate in any hearing on proposed rules via electronic means except in strict compliance with RSA 91-A:2, IV, as described in Plc 207.03.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.03(a)) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.07 Presiding Officer for Oral Public Hearings {#sec-plc-207.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.07}

(a) The presiding officer for an oral public hearing conducted by or on behalf of the executive director shall be the executive director or designee who is knowledgeable in the subject area of the subject of the hearing.

(b) The presiding officer for an oral public hearing for a policy-autonomous board shall be the individual designated by that board for that proceeding.

(1) Call the hearing to order;

(2) Identify the subject matter of the hearing and, if the hearing is to receive comments on proposed rules, provide copies of the rules upon request;

(3) Cause a recording of the hearing to be made, if a recording is deemed necessary to preserve the offered testimony, provided that if a recording is not made then the presiding officer or designee shall prepare written notes to summarize the testimony;

(4) Recognize those who wish to be heard;

(5) If necessary, establish limits pursuant to Plc 207.06; and

(6) Take any other action consistent with applicable statutes and rules necessary to conduct the proceeding and complete the record in a fair and timely manner, including but not limited to:

a. Effecting the removal of an individual who speaks or acts in a manner that is personally abusive or otherwise disruptive to the hearing;

b. Postponing the hearing as provided in Plc 207.10;

c. Continuing the hearing as provided in Plc 207.11; and

d. Moving the hearing as provided in Plc 207.12.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.04) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.08 Public Access and Participation {#sec-plc-207.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.08}

(a) Non-adjudicative hearings shall be open to the public, and members of the public shall be entitled to attend and to testify if they so choose, subject to the limitations of Plc 207.06.

(b) Subject to (c), below, each individual who wishes to testify shall be asked to write on the speaker’s list:

(1) His or her full name and municipality of residence or, if testifying on behalf of an organization or other person, the municipality in which the organization or other person is located; and

(2) The name of each organization or other person the speaker is representing, if any.

(c) If the number of people attending the hearing is small enough that a list is not needed to ensure that everyone who wishes to testify is provided an opportunity to do so, a speaker’s list shall not be required, provided that each individual who testifies shall orally provide the information specified in (b), above.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; renumbered by #13837 (formerly Plc 207.05) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.09 Limitations on Public Testimony {#sec-plc-207.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.09}

The presiding officer at an oral public hearing shall:

(a) Refuse to recognize for speaking or revoke the recognition of any individual who:

(1) Speaks or acts in an abusive or disruptive manner;

(2) Fails to keep comments relevant to the subject matter of the hearing; or

(3) Restates more than once what he or she has already stated; and

(b) Limit presentations on behalf of the same entity to no more than 3, provided that all those representing such entity may enter their names and municipality of residence into the record as supporting the position of the entity.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; renumbered by #13837 (formerly Plc 207.06) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.10 Postponing an Oral Public Hearing {#sec-plc-207.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.10}

(a) A hearing on rules proposed by the executive director shall be postponed only in accordance with RSA 541-A:11, IV or IV-a, provided that if the hearing is postponed, notice of the new date, time, and place of the hearing and, if applicable, the information required by RSA 541-A:6, I(k) or RSA 541-A:19-a, II(g) for electronic participation in a hybrid or virtual hearing, shall be provided in accordance with Plc 207.02.

(b) A hearing on rules proposed by a policy-autonomous board shall be postponed only in accordance with RSA 541-A:11, IV or IV-a, provided that if the hearing is postponed, notice of the new date, time, and place of the hearing and, if applicable, the information required by RSA 541-A:6, I(k) or RSA 541-A:19-a, II(g) for electronic participation by the public in a hybrid hearing, shall be provided in accordance with Plc 207.04.

(1) For a hearing held in-person or as a hybrid-type hearing:

a. The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so; or

b. The presiding officer finds there is other good cause to do so, such as but not limited to conditions existing in the building or locality where the hearing is being held that pose an unreasonable risk to the health or safety of those who wish to attend the hearing;

(2) The presiding officer is ill or unavoidably absent and no other individual can be designated to serve as the presiding officer;

(3) A quorum of a policy-autonomous board is necessary but is not present either in person or via electronic means if allowed pursuant to RSA 91-A:2, IV and Plc 207.03; or

(4) Postponement will facilitate greater participation by the public.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.07(a) and (b) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.11 Continuing an Oral Public Hearing {#sec-plc-207.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.11}

(a) An oral public hearing on proposed rules shall be continued past the scheduled time or to another date if such continuance is necessary to provide a reasonable opportunity for public comment, as provided in RSA 541-A:11, III.

(b) If a hearing on rules proposed by the executive director is continued to a later date, notice of the date, time, and place of the continued hearing shall be given as required by RSA 541-A:11, III, by:

(1) Publication of a notice in the “NH Rulemaking Register” published by the office of legislative services, if there is sufficient time to do so; and

(2) Posting a notice on:

a. The OPLC’s web page related to laws and rules, currently https://www.oplc.nh.gov/oplc-laws-and-rules; and

b. If the proposed rules apply to a specific profession for which the executive director acts in lieu of a board or in consultation with an advisory board, on the profession-specific web page maintained by the OPLC.

(c) If a hearing on rules proposed by a policy-autonomous board is continued to a later date, the notice required by RSA 541-A:11, III of the date, time, and place of the continued hearing shall be given by:

(1) Publication of a notice in the “NH Rulemaking Register” published by the office of legislative services, if there is sufficient time to do so;

(2) Posting a notice on the profession-specific web page maintained by the OPLC; and

(3) Such means as are required by RSA 91-A.

(d) An oral public hearing for other than proposed rules shall be continued past the scheduled time or to another date if:

(1) The time available is not sufficient to give each individual who wishes to speak a reasonable opportunity to do so; or

(2) For in-person or hybrid-type hearings, the capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to immediately move the hearing to another location.

(e) If an oral public hearing conducted by or on behalf of the executive director for any purpose other than rulemaking is continued to a later date, notice of the date, time, and place of the continued hearing shall be given by such means as is likely to reach the most persons who may be interested in the subject of the hearing, including by posting a notice on one or more of the pages in the OPLC’s website.

(f) If an oral public hearing conducted by a policy-autonomous board for any purpose other than rulemaking is continued to a later date, notice of the date, time, and place of the continued hearing shall be given as required by RSA 91-A and by such additional means as is likely to reach the most persons who may be interested in the subject of the hearing, including by posting a notice on one or more of the pages in the OPLC’s website.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.07(e) and (f) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.12 Extending Public Comment Deadline for Proposed Rules {#sec-plc-207.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.12}

If an oral public hearing on proposed rules is postponed or continued, then:

(a) The deadline for public comment shall be rescheduled as necessary to ensure the time periods required by RSA 541-A:11, I(b) are met; and

(b) Notice of the new deadline shall be given with the notice provided pursuant to Plc 207.10(a) or (b) or Plc 207.11(b) or (c), as applicable.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.13 Moving an Oral Public Hearing {#sec-plc-207.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.13}

(a) A hearing on rules proposed by the executive director that is not a hybrid hearing or a virtual hearing shall be moved to another location only in accordance with RSA 541-A:11, V.

(b) A hearing on rules proposed by a policy-autonomous board that is not a hybrid hearing shall be moved to another location only in accordance with RSA 541-A:11, V.

(c) An oral public hearing held in-person or as a hybrid-type hearing by or on behalf of the executive director for any purpose other than rulemaking shall be moved to another location if the original location is not able to accommodate the number of people who wish to attend the hearing or otherwise becomes unavailable due to conflicts in scheduling or conditions in the location that could pose a threat to the health and safety of attendees, provided that the executive director shall provide notice of the change in location in the manner that is most likely to be seen by those wishing to attend the hearing, including posting a notice on the OPLC’s website.

(d) An oral public hearing held in-person or as a hybrid-type hearing by a policy-autonomous board for any purpose other than rulemaking shall be moved to another location if the original location is not able to accommodate the number of people who wish to attend the hearing or otherwise becomes unavailable due to conflicts in scheduling or conditions in the location that could pose a threat to the health and safety of attendees, provided that the board shall provide notice of the change in location in compliance with RSA 91-A and in the manner that is most likely to be seen by those wishing to attend the hearing, including posting a notice on the OPLC’s board-specific web page.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837 eff 12-28-23 (formerly Plc 207.07(c) and (d) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.14 Changing Electronic Access Information for an Oral Public Hearing {#sec-plc-207.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.14}

(a) The electronic access information for a hybrid or virtual hearing to receive comments on rules proposed by the executive director shall not be changed except in accordance with RSA 541-A:11, V-a.

(b) The electronic access information for a hybrid hearing to receive comments on rules proposed by a policy-autonomous board shall not be changed except in accordance with RSA 541-A:11, V-a.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 207.15 Closing the Hearing and the Record {#sec-plc-207.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 207.15}

(a) The presiding officer shall close the oral public hearing when he or she determines that no one has further questions or comments that are relevant to the subject of the hearing.

(b) At an oral public hearing other than a rulemaking hearing, if additional time is requested to submit written testimony or supplemental information that the presiding officer determines to be relevant to the subject of the hearing, the presiding officer shall designate a specific time period for the record to remain open to receive such information.

(c) For rulemaking hearings, the record shall remain open until the date specified in the notice published pursuant to RSA 541-A:6 unless extended pursuant to RSA 541-A:11.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; renumbered by #13837 (formerly Plc 207.08) (see Revision Note #2 at chapter heading for Plc 200)

Part Plc 208 Rulemaking Petitions

N.H. Code Admin. R. Ann. Plc 208.01 Applicability {#sec-plc-208.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 208.01}

The rules in this part shall apply to any petition submitted to the executive director or a board pursuant to RSA 541-A:4.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 208.02 Filing of Rulemaking Petition {#sec-plc-208.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 208.02}

(a) Any person wishing to file a petition to adopt, readopt with amendments, or repeal a rule in title Plc shall file the original and one copy of the petition with the executive director, provided that only the original or other single copy shall be required if the petition is filed electronically.

(b) Any person wishing to file a petition to adopt, readopt with amendments, or repeal a rule in a title assigned to a policy-autonomous board shall file the original and one copy of the petition with that board, provided that only the original or other single copy shall be required if the petition is filed electronically.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 208.03 Content of Petition for Rulemaking {#sec-plc-208.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 208.03}

A petition to adopt, readopt with amendments, or repeal a rule shall contain the following:

(a) The name of each person requesting the adoption, readoption with amendments, or repeal of the rule, with an e-mail address for the person;

(b) If the person making the request is other than an individual, the name, daytime telephone number including area code, and email address of the individual who can be contacted regarding the petition;

(d) A clear and concise statement of why the petitioner wants the executive director or board to undertake the action requested;

(e) If the petition is to adopt a rule or to readopt an existing rule with amendments, the text of the proposed or amended rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed or amended rule;

(f) If the petition is to repeal an existing rule, identification of the particular rule sought to be repealed; and

(g) Such other information or argument as the petitioner believes would be useful to the executive director or board in deciding whether to commence a rulemaking proceeding.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 208.04 Burden of Persuasion for Rulemaking Petitions {#sec-plc-208.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 208.04}

The petitioner shall have the burden of persuasion relative to demonstrating that the criteria for denying the petition specified in Plc 208.05(e) are not met.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 208.05 Disposition of Petition for Rulemaking {#sec-plc-208.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 208.05}

(a) Within 30 days of the submission of a petition to adopt, readopt with amendments, or repeal a rule in title Plc, the executive director shall:

(1) Determine whether to grant or deny the petition; and

(2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.

(b) If the petition is submitted to a policy-autonomous board, then within 30 days after the first meeting of the board held after receipt of the petition, the board shall:

(1) Determine whether to grant or deny the petition; and

(2) Notify the petitioner of the decision in writing sent to the email address provided in the petition.

(c) As required by RSA 541-A:4, I, if the petition is denied, the notice sent pursuant to (a)(2) or (b)(2), above, shall specify the reason(s) for the denial.

(d) If the petition is granted, the executive director or board shall commence a rulemaking as required by RSA 541-A:4, I.

(e) A denial shall be based upon a finding by the executive director or board that:

(1) The proposed action is not consistent with established standards of practice of the profession being regulated or the purpose and intent of the statute being implemented;

(2) The executive director or board lacks rulemaking authority over the issue(s) in the petition; or

(3) The proposed action is not in the best interests of affected persons or is contrary to legislative intent.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Part Plc 209 Explanation of Adopted Rules

N.H. Code Admin. R. Ann. Plc 209.01 Requests for Explanation of Adopted Rules {#sec-plc-209.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 209.01}

(a) Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the executive director, for any rule in title Plc, or to the board that adopted the rule, for rules in any title other than Plc.

(b) A request submitted pursuant to (a), above, shall include:

(1) The name and address of the person making the request and, if the requestor is an entity, the name, address, and email address of the individual authorized by the entity to make the request; and

(2) Identification of the specific rule for which an explanation is sought.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 209.02 Response to Request for Explanation {#sec-plc-209.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 209.02}

(a) The executive director or the board that adopted the rule, as applicable, shall provide a written response within 90 days of receiving a request in accordance with Plc 209.01 if no board meeting is required or within 60 days of the board’s first meeting after receiving the petition.

(b) The response required by (a), above, shall:

(1) Concisely state the meaning of the rule adopted;

(2) Concisely state the principal reasons for and against the adoption of the rule in its final form; and

(3) State why the executive director or board overruled any arguments and considerations presented against the rule, if any were presented.

(d) If the executive director determines that the technical expertise of an advisory board is needed to respond to a request for explanation, the executive director shall consult with the advisory board prior to responding to the request.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Part Plc 210 Declaratory Rulings

N.H. Code Admin. R. Ann. Plc 210.01 Purpose {#sec-plc-210.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 210.01}

(a) The purpose of this part is to establish a mechanism whereby a person who is uncertain of the applicability of a particular statute implemented by the executive director or a board or a rule adopted by the executive director or a board may request a decision in advance of taking an action that might be subject to such statute or rule.

(b) This part shall not be used to circumvent other established methods of adjudication, such as an appeal, in cases where the executive director or board has already made a determination, such as by issuing or denying a license or by initiating a disciplinary or non-disciplinary remedial proceeding.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 210.02 Filing of Petition for Declaratory Ruling {#sec-plc-210.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 210.02}

(a) Any person seeking a declaratory ruling from the executive director or for a profession for which the board is advisory or for which there is no board shall file a written petition for declaratory ruling that meets the requirements of Plc 210.03 with the executive director in accordance with Plc 203.02.

(b) Any person seeking a declaratory ruling from a policy-autonomous board shall file a written petition for declaratory ruling that meets the requirements of Plc 210.03 with that board in accordance with Plc 203.02.

(c) If the ruling sought by the petition would directly affect a person other than the person filing the petition, the person filing the petition shall serve the petition on each other affected person by:

(1) Depositing a copy of the petition in the United States mail, first class postage prepaid, addressed to the person being served, no later than the day the petition is filed with the executive director or board; or

(2) Delivering a copy of the petition in hand to the person being served on or before the date it is filed with the executive director or board.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 210.03 Contents of Petition for Declaratory Ruling; Signature Required {#sec-plc-210.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 210.03}

(a) A petition for declaratory ruling shall contain:

(1) The name and mailing address of the petitioner and, if the petitioner is filing electronically or is filing on paper but agrees to receive the notice under Plc 210.04(c) and a response by email, the email address to which the notice and response should be sent;

(2) The exact ruling being requested;

(3) Each statutory and factual basis for the ruling, set forth in separately numbered paragraphs; and

(4) Any supporting affidavits or memoranda of law.

(b) The petition shall be signed by the individual(s) submitting the petition or, if the petition is filed on behalf of an entity, by a duly-authorized representative of the entity, provided that if the petition is filed electronically, the act of submitting the petition shall constitute a signature.

(1) The signer has read the petition;

(2) The signer is authorized to file the petition;

(3) To the best of the signer’s knowledge and belief, there are good grounds to support the petition; and

(4) The petition has not been filed for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200); ss by #14241, eff 5-22-25

N.H. Code Admin. R. Ann. Plc 210.04 Processing of Petition for Declaratory Ruling {#sec-plc-210.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 210.04}

(a) Within 25 days of receipt by the executive director of a petition for declaratory ruling, the executive director shall review the petition to determine:

(1) Whether additional information or explanation is needed from the petitioner; and

(2) Whether the complexity of the petition, including but not limited to the issue(s) in question and the legal implications thereof, will cause the executive director to seek assistance from the department of justice.

(b) Within 25 days of the first meeting held by a policy-autonomous board after receipt of a petition for declaratory ruling, the board shall review the petition to determine:

(1) Whether additional information or explanation is needed from the petitioner; and

(2) Whether the complexity of the petition, including but not limited to the issue(s) in question and the legal implications thereof, will cause the board to seek assistance from the department of justice.

(c) The executive director or policy-autonomous board, as applicable, shall notify the petitioner in writing of the results of its review under (a) or (b), above.

(d) If additional information or explanation is needed from the petitioner, the notice sent pursuant to (c), above, shall:

(1) Identify the information or explanation needed; and

(2) Establish a deadline for the petitioner to provide the information or explanation, which shall be no sooner than 25 days after the date of the notice.

(e) If the executive director or policy-autonomous board, as applicable, will be seeking assistance from the department of justice, the notice sent pursuant to (c), above, shall inform the petitioner of the anticipated amount of time that will be needed to obtain such assistance.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 210.05 Action on Petition for Declaratory Ruling {#sec-plc-210.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 210.05}

(a) Subject to (c), below, the executive director shall make a decision on the petition and, if the petition is not denied, issue a declaratory ruling in writing within 60 days of:

(1) Receipt of the petition, if no additional information or explanation from the petitioner or assistance from the department of justice is needed;

(2) Receipt of all additional information and explanations requested from the petitioner pursuant to Plc 210.04(d); or

(3) Receipt of advice from the department of justice, if advice is requested.

(b) Subject to (c), below, a policy-autonomous board shall make its decision on the petition and, if the petition is not denied, issue a declaratory ruling in writing within 60 days of the board’s first meeting after:

(1) Receipt of the petition, if no additional information or explanation from the petitioner or assistance from the department of justice is needed;

(2) Receipt of all additional information and explanations requested from the petitioner pursuant to Plc 210.04(d); or

(3) Receipt of advice from the department of justice, if advice is requested.

(c) If additional information is requested from the petitioner and is not received in time for a decision to be made and declaratory ruling issued within 60 days of receipt of the petition, the executive director or board, as applicable, shall request the petitioner to agree to an extension as provided in RSA 541-A:29, IV. If the petitioner does not agree to an extension and a reasoned decision cannot be made without the information requested from the petitioner, the petition shall be denied and no declaratory ruling shall be issued.

(d) If advice from the department of justice is requested and is not expected to be received within 60 days of receipt of the petition, the executive director or board, as applicable, shall request the petitioner to agree to an extension as provided in RSA 541-A:29, IV. If the petitioner does not agree to an extension, the executive director or board, as applicable, shall make a decision within 60 days of receipt. If the decision is to deny the petition, no declaratory ruling shall be issued.

(e) A copy of each declaratory ruling shall be filed with the director of legislative services as required by RSA 541-A:16, II(b).

(f) A copy of each declaratory ruling or denial of a petition shall be:

(1) Sent to the petitioner by first class mail, or by email if the petitioner filed electronically or filed on paper but provided an email address and agreed to receive the decision via email; and

(2) Sent to any other person who was served pursuant to Plc 210.02(c) in the same manner as service was made.

(g) If the executive director determines that the technical expertise of an advisory board is needed to respond to a petition for a declaratory ruling, the executive director shall consult with the advisory board prior to responding to the petition.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

Part Plc 211 Waiver of Substantive and Procedural Rules

N.H. Code Admin. R. Ann. Plc 211.01 Availability of Rule Waivers {#sec-plc-211.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.01}

(a) Any participant in a non-adjudicative proceeding or otherwise affected by the rules in Plc 200, other rules in title Plc, or the rules of a policy-autonomous board who wishes to request a waiver of a rule shall proceed in accordance with this section.

(b) Waiver requests made in conjunction with an adjudicative proceeding shall be in the form of a motion that is filed and handled in accordance with Plc 206.12.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.01(a) and (b)) (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 211.02 Definitions {#sec-plc-211.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.02}

For purposes of this part, the following definitions shall apply:

(a) “Decision maker” means the person who has the authority to rule on a petition for waiver, such as the executive director, presiding officer, or board.

(b) “Petition for waiver” means the document, or the totality of oral presentation, by which a person seeks relief from complying with a rule as written. The term includes “waiver request”.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 211.03 Format of Petition for Waiver {#sec-plc-211.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.03}

A petition for waiver of a rule filed under this part shall:

(a) Be directed to the presiding officer if one has been designated, or to the executive director or board if no presiding officer has been designated;

(b) Be in written form, unless made in response to a matter asserted for the first time at an oral public hearing or on the basis of information that was not received in time to prepare a written request prior to the hearing at which the request is made; and

(c) Be included in the record of the proceeding if in writing, or recorded in full in the record of the hearing if made at an oral public hearing.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.01(c)) (See Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 211.04 Content of Petition for Waiver {#sec-plc-211.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.04}

A petition for waiver filed under this part shall include a clear and concise statement of the reason(s) why the waiver is being sought, including an explanation that addresses:

(a) All of the relevant facts of the matter;

(b) The economic and operational consequences to the petitioner of complying with the rule as written;

(d) Whether the requested waiver would harm or otherwise operate to the disadvantage of any third person(s), whether other actual or potential licensees or the general public;

(e) Whether the petitioner is proposing an alternative to the requirement for which the petition is being filed and, if so, what the alternative is and why it is adequate to meet the intent of the requirement for which the petition is being filed; and

(f) Any additional information the petitioner believes provides good cause for granting the requested waiver, including but not limited to citations to statutes, rules, orders, or other authority that support the waiver being requested.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.01(d)) (See Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 211.05 Service of Petition for Waiver {#sec-plc-211.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.05}

(a) If the petition asserts that any other identifiable person(s) would be harmed or otherwise disadvantaged by the proposed relief, the petitioner shall:

(1) Serve the petition on each such person; and

(2) Advise such persons of their right to reply to the petition within 10 days of receipt of service.

(b) If the petitioner has not served the petition as provided in (a), above, but the decision maker determines, after examination of the petition, that other identifiable person(s) would be materially affected by the proposed relief, the decision maker shall require the petitioner to serve the petition on such persons as provided in (a), above.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.01(e)) (See Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 211.06 Responding to Petition for Waiver {#sec-plc-211.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.06}

(a) Any person who receives service of a petition pursuant to Plc 211.05 who wishes to respond to the petition shall file a written response within 10 days of receipt of the petition that includes:

(1) The name and address of the person who is filing the response;

(2) If the person filing the response is representing another person, the name and address of the person being represented;

(3) A concise statement of any additional or different facts that support or contradict the facts stated in the petition;

(4) Citation(s) to any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

(5) The action the person filing the response wishes the board to take.

(b) The person filing the response shall sign and date the response.

(1) The signer has read the response;

(2) The signer is authorized to file the response; and

(3) To the best of the signer’s knowledge and belief, there are good grounds to support the response.

History

#13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 211.07 Proceedings on Petition for Waiver {#sec-plc-211.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.07}

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as are ordered by the decision maker after reviewing the petition and any response(s) received.

(b) If a request for waiver is made orally at an oral public hearing and the presiding officer finds that additional information is needed in order for the request to be fully and fairly considered, the presiding officer shall direct the requestor to submit the request in writing, with supporting information as specified in Plc 211.04, within 3 working days of the date of the oral request. If other participants in the proceeding wish to respond to the request, the response(s) shall be filed no later than 7 calendar days after the request is filed.

(c) If a request for waiver is made orally at an oral public hearing on proposed rules and the time period(s) specified in (b), above, fall after the deadline specified for the submittal of written comments, the board shall extend the deadline as provided in RSA 541-A:11, III.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-2; ss by #13837, eff 12-28-23 (formerly Plc 211.01(f)-(h)) (See Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 211.08 Decisions on Waiver Requests {#sec-plc-211.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.08}

(a) The decision maker shall rule upon a waiver request only after:

(1) Fully considering all factors relevant to the request; and

(2) Affirmatively finding that good cause, as described in (c) and (d), below, exists to grant a waiver.

(b) If the decision maker does not find good cause exists to grant the requested waiver but finds good cause exists to grant a modified waiver that will provide the petitioner with at least some relief, the decision maker shall grant a modified waiver.

(c) For the purposes of this section, good cause shall be determined with reference to the rule for which the waiver is sought, provided that:

(1) No statutory requirement shall be waived unless:

a. The statute expressly provides for such waivers; and

b. All criteria specified in the statute for granting a waiver are met;

(2) No waiver shall be granted that has the effect of authorizing conduct after the fact for which the board has imposed disciplinary sanctions in other cases, unless the rule is already in the formal rulemaking process to be revised in a way that allows the conduct; and

(3) No waiver shall be granted that allows a licensee to practice with less education or experience than is required, unless conditions are imposed on the licensee to require supervision for a specified period of time by a fully-licensed practitioner in good standing in the same profession.

(d) If good cause is not specifically defined in the rule for which a waiver is sought, good cause shall be deemed to exist if none of the prohibitions in (c), above, apply and:

(1) Compliance with the rule cannot be achieved due to circumstances beyond the control of the person requesting the waiver and waiving the rule will not materially prejudice any other identifiable person or the general public;

(2) Compliance with the rule would cause operational or economic consequences, or both, to the person requesting the waiver that outweigh any disadvantage caused to any other person(s) by granting the waiver; or

(3) Compliance with the rule would otherwise be counterproductive to the purpose of the proceeding in which the waiver is sought, given the specific circumstances of the proceeding and the reason(s) for the waiver request.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.02(a), (c), and (d)) (See Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 211.09 Waivers Initiated by a Board {#sec-plc-211.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.09}

A board shall waive a rule upon its own motion only if the board:

(a) Provides affected persons with notice and an opportunity to be heard; and

(b) Issues an order that finds that good cause exists for granting the waiver.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.02(b)) (See Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 211.10 Consideration of Waiver Requests by the Executive Director {#sec-plc-211.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 211.10}

For any proceeding where the board is an advisory board, if the executive director determines that the technical expertise of the advisory board is needed to respond to a petition for a waiver, the executive director shall consult with the advisory board prior to making a decision on the request.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (formerly Plc 211.02(e)) (See Revision Note #2 at chapter heading for Plc 200)

Part Plc 212 Waiver of Procurement Provisions

N.H. Code Admin. R. Ann. Plc 212.01 Purpose {#sec-plc-212.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 212.01}

The purpose of this part is to establish the circumstances constituting an emergency or loss of funding for purposes of waiving the requirements of RSA 21-G:37, I - IV, as contemplated by RSA 21-G:37, V.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 212.02 Applicability {#sec-plc-212.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 212.02}

Unless otherwise specified, Plc 212 shall apply to the procurement of goods and services by the OPLC using a request for bid (RFB), request for application (RFA), request for proposal (RFP), or similar invitation.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 212.03 Definitions {#sec-plc-212.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 212.03}

(a) “Emergency situation” means a natural, technological, or human made situation, condition, or set of circumstances that has caused, or is determined by the OPLC to be likely to threaten, harm to public health or safety and:

(1) Impedes or diminishes the OPLC’s or a board’s ability to provide materials or services necessary to protect public health or safety from the effects of such situation, condition, or set of circumstances;

(2) Inhibits or interrupts the continuity of services provided by the OPLC or a board; or

(3) Prevents the OPLC or a board from complying with any state or federal statute, rule, or regulation.

(b) “Request for application (RFA)” means “request for application” as defined in RSA 21-G:36, III, as reprinted in Appendix B.

(d) “Request for proposal (RFP)” means “request for proposal” as defined in RSA 21-G:36, V, as reprinted in Appendix B.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)

N.H. Code Admin. R. Ann. Plc 212.04 Waiver of Requirements {#sec-plc-212.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 212.04}

(a) The OPLC shall waive any or all of RSA 21-G:37, II - IV for any RFA, RFB, RFP, or similar invitation if the waiver is necessary to:

(1) Prevent the loss of federal or other funds subject to recapture; or

(2) Prevent or mitigate an emergency situation as defined in Plc 212.03(a).

(b) The OPLC shall then proceed in compliance with RSA 21-G:37, V.

Appendix A: Statutes Implemented

Rule

State Statute(s) Implemented

Plc 101

RSA 310:1

Plc 102

RSA 310:2

Plc 103

RSA 310:4, I & II; RSA 310:5; RSA 310:6; RSA 541-A:16, I(a)

Plc 104

RSA 91-A:4; RSA 541-A:16, I(a)

Plc 200 (see below for additional or more specific statutes)

RSA 541-A:16, I(b)

Plc 201

RSA 310:4; RSA 310:9-12; RSA 541-A:16, I(b)

Plc 202

RSA 310:2

Plc 203

RSA 541-A:16, I(b); RSA 310

Plc 203.05

RSA 541-A:16, I(b); RSA 310:10, XIV-XV; RSA 310:11, VII-VIII

Plc 204

RSA 541-A:16, I(b); RSA 310:9

Plc 205

RSA 541-A:16, I(b); RSA 310:10

Plc 205.04, Plc 205.06

RSA 541-A:16, I(b); RSA 310:10

Plc 206

RSA 541-A:16, I(b)(2); RSA 541-A:30, III; RSA 541-A:30-a; RSA 541-A:33; RSA 310:10, RSA 310:11, RSA 310:14

Plc 206.02, Plc 206.03, Plc 206.06, Plc 206.08, Plc 206.09, Plc 206.10, Plc 206.30 – Plc 206.33

RSA 541-A:16, I(b)(2); RSA 541-A:30-a;

Plc 206.07

RSA 541-A:30, III

Plc 206.32

RSA 541-A:16, I(b)(2); RSA 310:10

Plc 207

RSA 541-A:16, I(b)(3)

Plc 208

RSA 541-A:16, I(b); RSA 541-A:4

Plc 209

RSA 541-A:16, I(b); RSA 541-A:4

Plc 210

RSA 541-A:16, I(b); RSA 310

Plc 211

RSA 541-A:16, I(b); RSA 310

Plc 212

RSA 21-G:37

Appendix B: Statutory Definitions

RSA 541-A:1

I. “Adjudicative proceeding” means the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.

IV. “Contested case” means a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.

VIII. “License” means the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.

RSA 21-G:36

III. “Request for application (RFA)” means an invitation to submit an offer to provide identified services to an agency where the amount of funding available and the particulars of how the services are to be provided are defined by the agency and where the selection of qualifying vendors will be according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.

IV. “Request for bid (RFB)” means an invitation to submit an offer to provide specified commodities or services to an agency at a price proposed by the bidder where selection is based on the lowest price meeting or exceeding specifications as stated in the bid.

V. “Request for proposal (RFP)” means an invitation to submit a proposal to provide specified goods or services, where the particulars of the goods or services and the price are proposed by the vendor and, for proposals meeting or exceeding specifications, selection is according to identified criteria as provided in RSA 21-I:22-a and RSA 21-I:22-b.

Appendix C: Statutory Provisions

RSA 91-A:2

IV. The provisions of this paragraph allowing for less than a quorum to be physically present for meetings shall apply only to boards, committees, councils, advisory committees and like bodies of state government, not including the general court or either house thereof or any committee of either house, nor the governor and council, the composition of which is permitted by law or regulation to be drawn from individuals who may reside throughout the state of New Hampshire. This paragraph does not apply to boards, committees, councils, advisory committees, or any other components or instrumentalities of county or municipal government. For purposes of this paragraph only the boards, committees, councils, and like bodies to which this paragraph is applicable shall be referred to as "state boards."

(a) A state board covered by this paragraph may vote to allow one or more members to participate in a meeting remotely only when physical attendance at the meeting site is not reasonably practicable. Any reason that such attendance is not reasonably practicable shall be stated in the minutes of the meeting. The authority granted under this paragraph may be revoked, renewed, or modified in the same manner as it is approved.

(b) At least one-third of the total membership of the state board shall be present at the physical location of the meeting. Each member participating electronically or otherwise shall be able to contemporaneously and throughout the meeting see and hear, and be seen and heard by, the other members of the public body attending the meeting and members of the public in attendance at the meeting site. A member participating in a meeting remotely as described in this paragraph is deemed to be present for all purposes, including for determination of a quorum and voting. Each member participating remotely shall identify the persons present in the location from which the member is participating. All votes taken during such a meeting shall be by roll call vote. Members of the public shall be permitted to participate remotely in remotely held state board meetings, including testifying or asking questions as the rules and procedures of the board allow.

(c) No meeting shall be conducted by electronic mail or any other form of communication that does not permit the public to hear, read, or otherwise discern meeting discussion contemporaneously at the meeting location specified in the meeting notice.

(d) In an emergency, when immediate action is imperative and the physical presence requirement is not reasonably practicable within the period of time requiring action, the minimum physical presence required under subparagraph (b) shall not apply. The determination that an emergency exists shall be made by the chair or presiding officer of the state board, and the facts upon which that determination is based shall be included in the minutes of the meeting.

(e) Any meeting held pursuant to the terms of this paragraph shall comply with all other requirements of this chapter relating to public meetings not inconsistent with this paragraph, and shall not circumvent the spirit and purpose of this chapter as expressed in RSA 91-A:1.

310:10 Disciplinary Proceedings; Non-Disciplinary Remedial Proceedings. –

I. Disciplinary proceedings shall be open to the public in accordance with RSA 91-A. All non-disciplinary remedial proceedings shall be exempt from the provisions of RSA 91-A, except that the board shall disclose any final remedial action that affects the status of a license, including any non-disciplinary restrictions imposed. The docket file for each such proceeding shall be retained in accordance with the retention policy established by the office of professional licensure and certification.

II. Boards shall conduct disciplinary and non-disciplinary remedial proceedings in accordance with procedural rules adopted by the executive director.

III. The office shall employ sufficient administrative prosecutors qualified by reason of education, competence, and relevant experience to serve as hearing counsel in all disciplinary and non-disciplinary proceedings before the boards.

IV. The office shall employ sufficient personnel qualified by reason of education, competence, and relevant experience to serve as presiding officer in all disciplinary or non-disciplinary remedial matters before the boards including disciplinary proceedings, non-disciplinary proceedings, the order of an immediate suspension of a license pursuant to RSA 310:12, IV, and unlicensed practice hearings held pursuant to RSA 310:13. The presiding officer shall have the authority to preside on such matters, to issue oaths or affirmations to witnesses, rule on questions of law and other procedural matters, and issue final orders based on factual findings of the board.

V. In disciplinary and non-disciplinary remedial proceedings, including those held pursuant to this section, RSA 310:12, IV, and RSA 310:13, the presiding officer may issue subpoenas for persons, relevant documents, and relevant materials in accordance with the following conditions:

(a) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service.

(b) Subpoenas for documents and materials shall not require compliance in fewer than 15 days after receipt of service.

(c) Service shall be made on licensees by certified mail to the address on file with the office or by hand and shall not entitle them to witness or mileage fees.

(d) Service shall be made on persons who are not licensees in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated "Fees Guaranteed by the New Hampshire Office of Professional Licensure and Certification."

VI. In carrying out disciplinary or non-disciplinary remedial proceedings, including those held pursuant to RSA 310:10, RSA 310:12, IV, and RSA 310:13, the presiding officer, as defined in RSA 541-A, shall have the authority to hold pre-hearing conferences, which shall be exempt from the provisions of RSA 91-A; to administer oaths and affirmations; and, to render legal opinions and make conclusions of law.

VII. Boards shall be the triers of fact in all disciplinary and non-disciplinary remedial proceedings, and shall determine sanctions, if any.

VIII. At any time before or during disciplinary or non-disciplinary remedial proceedings, complaints may be dismissed or disposed of, in whole or in part:

(a) By written settlement agreement approved by the board, provided that any complainant shall have the opportunity, before the settlement agreement has been approved by a board, to comment on the terms of the proposed settlement; or

(b) Through an order of dismissal for default, for want of jurisdiction, or failure to state a proper basis for disciplinary action.

IX. Disciplinary action taken by the board at any time, and any dispositive action taken after the issuance of a notice of public hearing, shall be reduced to writing and made available to the public. Such decisions shall not be public until they are served upon the parties, in accordance with rules adopted by the executive director.

X. Except as otherwise provided by RSA 541-A:30, the office shall furnish the respondent at least 15 days' written notice of a hearing in accordance with RSA 541-A:31, III. Such notice shall include an itemization of the issues to be heard, and, in the case of a disciplinary hearing, a statement as to whether the action has been initiated by a written complaint or upon the board's own motion, or both. If a written complaint is involved, the notice shall provide the complainant with a reasonable opportunity to intervene as a party.

XI. Neither the office nor the boards shall have an obligation or authority to appoint attorneys or pay the fees of attorneys representing licensees or witnesses during investigations or disciplinary or non-disciplinary remedial proceedings.

XII. No civil action shall be maintained against the office or the board, or any member of the board, office, or its agents or employees, against any organization or its members, or against any other person for or by reason of any statement, report, communication, or testimony to the board or determination by the board or office in relation to proceedings under this chapter.

XIII. For matters involving individuals identified in mental health records, testimony by client or patients shall be handled with utmost regard for the privacy and protection of their identity from public disclosure.

(a) A client or patient who is not a complainant shall not be compelled to testify at a hearing.

(b) If a client or patient who is not a complainant testifies at a hearing, the identity of the individual shall be screened from the public view and knowledge, although the respondent and attorneys shall be within the view of the client patient. The board may view the client or patient. The public's access to view or information that would identify the client or patient shall be restricted. The hearing may be closed to the public for the duration of the client or patient's testimony, at the board's discretion.

(c) If a complainant client or patient requests the privacy safeguards in subparagraph (b), the presiding officer may make such accommodations.

XIV. In any proceeding held pursuant to RSA 310 or RSA 541-A, a board may direct that evidence be received solely by a presiding officer who, in addition to exercising the authority given to the presiding officer under RSA 310 and RSA 541-A, shall be charged with making findings of fact, determining appropriate sanctions or action, or denying or accepting settlement agreements.

XV. In instances where a board lacks sufficient members to meet quorum, the executive director, or designee, may initiate proceedings held pursuant to RSA 310 or RSA 541-A and direct that evidence be received solely by the presiding officer who, in addition to exercising the authority given to the presiding officer under RSA 310 and RSA 541-A, shall be charged with making findings of fact, determining appropriate sanctions or action, or denying or accepting settlement agreements.

310:11 Licensing Proceedings.

I. Boards shall conduct licensing proceedings in accordance with procedural rules adopted by the executive director.

II. If a license is denied following a licensing proceeding, its final decision shall be issued in accordance with RSA 541-A:35.

III. The office shall employ sufficient personnel qualified by reason of education, competence, and relevant experience to serve as presiding officer in all licensing proceedings before the boards. The presiding officer shall have the authority to preside at such hearing and to issue oaths or affirmations to witnesses, rule on questions of law and other procedural matters, and issue final orders based on factual findings of the board.

IV. Neither the office nor the boards shall have an obligation or authority to appoint or pay the fees of attorneys representing licensees, certified individuals, or witnesses during investigations or adjudicatory proceedings.

V. Licensing proceedings shall be open to the public in accordance with RSA 91-A.

VI. The presiding officer, as defined in RSA 541-A, shall have the authority to: hold pre-hearing conferences, which shall be exempt from the provisions of RSA 91-A; administer oaths and affirmations; and render legal opinions and make conclusions of law. The boards shall be the triers of fact.

VII. In any proceeding held pursuant to RSA 310 or RSA 541-A, a board may direct that evidence be received solely by a presiding officer who, in addition to exercising the authority given to the presiding officer under RSA 310 and RSA 541-A, shall be charged with making findings of fact, determining appropriate sanctions or action, or denying or accepting settlement agreements.

VIII. In instances where a board cannot meet quorum, the executive director, or designee, may initiate proceedings held pursuant to RSA 310 or RSA 541-A and direct that evidence be received solely by the presiding officer who, in addition to exercising the authority given to the presiding officer under RSA 310 and RSA 541-A, shall be charged with making findings of fact, determining appropriate sanctions or action, or denying or accepting settlement agreements.

Source: 2023, 235:8, eff. July 15, 2023. 2024, 364:5, eff. Oct. 22, 2024

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13837, eff 12-28-23 (see Revision Note #2 at chapter heading for Plc 200)
2023, 235:8, eff. July 15, 2023. 2024, 364:4, eff. Oct. 22, 2024.

Chapter Plc 800 was adopted again, with the amendment in Plc 802.02, by the Governor’s Emergency Order #29, Exhibit P, effective 10-15-20, after the emergency rules expired.

Part Plc 302 Definitions

N.H. Code Admin. R. Ann. Plc 302.03 Licensure and Discipline of Regulated Professions {#sec-plc-302.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.03}

defining “application-related fees.”

N.H. Code Admin. R. Ann. Plc 302.04 Licensure and Discipline of Regulated Professions {#sec-plc-302.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.04}

defining “authorized signer.”

N.H. Code Admin. R. Ann. Plc 302.06 Licensure and Discipline of Regulated Professions {#sec-plc-302.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.06}

defining “contact individual.”

N.H. Code Admin. R. Ann. Plc 302.08 Licensure and Discipline of Regulated Professions {#sec-plc-302.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.08}

defining “continuing competence”.

N.H. Code Admin. R. Ann. Plc 302.10 Licensure and Discipline of Regulated Professions {#sec-plc-302.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.10}

defining “DEA registration number.”

N.H. Code Admin. R. Ann. Plc 302.15 Licensure and Discipline of Regulated Professions {#sec-plc-302.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.15}

defining “in good standing.”

N.H. Code Admin. R. Ann. Plc 302.19 Licensure and Discipline of Regulated Professions {#sec-plc-302.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.19}

defining “military spouse.”

N.H. Code Admin. R. Ann. Plc 302.27 Licensure and Discipline of Regulated Professions {#sec-plc-302.27 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.27}

defining “special use temporary license.”

Part Plc 307 Licensee Obligations; Inactive Status for Reserve

N.H. Code Admin. R. Ann. Plc 307.04 Licensure and Discipline of Regulated Professions {#sec-plc-307.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.04}

titled “Licensee Obligations for Continuing Competence.”

N.H. Code Admin. R. Ann. Plc 307.06 Licensure and Discipline of Regulated Professions {#sec-plc-307.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.06}

titled “Inactive Status for Reserve Military Called to Active Duty.”

N.H. Code Admin. R. Ann. Plc 307.07 Licensure and Discipline of Regulated Professions {#sec-plc-307.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.07}

titled “Reactivation from Inactive Status.”

Part Plc 310 Complaints; Investigations; Disposition Without

N.H. Code Admin. R. Ann. Plc 310.03 Licensure and Discipline of Regulated Professions {#sec-plc-310.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 310.03}

titled “Complaints.”

N.H. Code Admin. R. Ann. Plc 310.06 Licensure and Discipline of Regulated Professions {#sec-plc-310.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 310.06}

titled “Settlement Procedures; Non-Disciplinary Actions.”

Part Plc 311 Disciplinary Proceedings; License Conditions

N.H. Code Admin. R. Ann. Plc 311.01 Licensure and Discipline of Regulated Professions {#sec-plc-311.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.01}

titled “Purpose.”

N.H. Code Admin. R. Ann. Plc 311.07 Licensure and Discipline of Regulated Professions {#sec-plc-311.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.07}

titled “Misconduct.”

N.H. Code Admin. R. Ann. Plc 311.10 Licensure and Discipline of Regulated Professions {#sec-plc-311.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.10}

titled “Method for Determining Sanctions.”

N.H. Code Admin. R. Ann. Plc 311.11 Licensure and Discipline of Regulated Professions {#sec-plc-311.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.11}

titled “Standards for the Section of Sanctions.”

N.H. Code Admin. R. Ann. Plc 311.12 Licensure and Discipline of Regulated Professions {#sec-plc-311.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.12}

titled “Administrative Fines.”

The former Plc 302.20 defining “supported boards, commissions, and councils” was readopted with amendment as “board” and renumbered as Plc 302.05. The former Plc 302.16 defining “reciprocity” was readopted with amendment as “endorsement” and renumbered as Plc 302.12. The former Plc 302.08 defining “lapsed” was readopted with amendment as “expired” and renumbered as Plc 302.14. The former Plc 302.03 defining “compliance bureau” was readopted with amendment as Plc 302.16 defining “inspection assignment coordinator.” A portion of the text in Plc 305.02 titled “Applicability” on temporary licensure was moved to Plc 302.27 defining “special use temporary license.”

The former Plc 213.01 titled “Definitions” was readopted with amendment and renumbered as Plc 311.02. The former Plc 213.02 titled “Grounds for Denying an Initial License Application” was readopted with amendment and renumbered as Plc 311.03 titled “Additional Grounds for Denying an Initial License Application”. The former Plc 213.03 titled “Grounds for Suspension, Revocation, or Refusal to Renew” was readopted with amendment and renumbered as Plc 311.04 titled “Additional Grounds for Suspension, Revocation, or Refusal to Renew”. The former Plc 213.04 titled “Burden of Persuasion” was readopted with amendment and renumbered as Plc 311.15 titled “Burden of Persuasion in Reciprocal Discipline Cases.” The former Plc 213.05 titled “Determination to Deny a License Application or to Suspend, Revoke, or Refuse to Renew a License” was readopted with amendment and renumbered as Plc 311.05 titled “Determination to Deny a License Application Based on Alleged Misconduct or to Suspend, Revoke, or Refuse to Renew a License Based on Alleged Misconduct.” The former Plc 213.06 titled “License Conditions” was readopted with amendment and renumbered as Plc 311.06.

Part Plc 301 Purpose; Applicability; Sending Notices and Licenses; Availability of Contact Information; Computation of Time; Incorporated Definitions

N.H. Code Admin. R. Ann. Plc 301.01 Purpose {#sec-plc-301.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 301.01}

The purpose of this chapter is to establish:

(a) Uniform procedures for applicants to submit applications for initial and renewal licensure and for reinstatement of licensure;

(b) Uniform procedures for the office of professional licensure and certification (OPLC) to process and make decisions on submitted applications based on criteria established by the applicable board;

(d) Uniform procedures for facilitated temporary licensing of military personnel and spouses of military personnel under RSA 310:16;

(e) Uniform responsibilities and obligations and ethical and professional standards for licensees to complement and supplement any such standards established in applicable law;

(f) Uniform criteria and procedures for imposing disciplinary sanctions against licensees; and

(g) Uniform procedures for facilitated licensing of professionals licensed in other jurisdictions having requirements that are substantially similar to New Hampshire’s requirements, as required by RSA 310:17.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24

N.H. Code Admin. R. Ann. Plc 301.02 Applicability {#sec-plc-301.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 301.02}

(a) Subject to (b) and (c), below, this chapter shall apply to any person who intends to practice, or who does actually practice, a profession regulated by any applicable board.

(b) This chapter shall not apply to any person made exempt from licensure by applicable law.

(c) If the OPLC has a contract with a third party organization to process initial applications for licensure in New Hampshire on behalf of any applicable board, for example the National Association of State Boards of Accountancy (NASBA) on behalf of the board of accountancy, then:

(1) Notice of how individuals can apply for initial licensure shall be posted on the OPLC web page, https://www.oplc.nh.gov; and

(2) The provisions of this chapter relative to submitting an application for initial licensure shall not apply to such applications.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 301.03 Notifications; Issuance of Licenses {#sec-plc-301.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 301.03}

(a) The OPLC shall send all notifications to applicants and licensees and all licenses issued pursuant to this chapter to the applicant’s or licensee’s designated email address.

(b) All notifications sent to a designated email address for which the OPLC does not receive any indication that the email was not delivered shall be deemed to have been received by the person who designated the email address.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24

N.H. Code Admin. R. Ann. Plc 301.04 Availability of Information on Applicants and Licensees {#sec-plc-301.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 301.04}

(a) The OPLC shall maintain a registry of applicants that includes:

(1) For applicants who are individuals:

a. The individual’s full name and contact information;

b. The type of license applied for; and

c. The status of the application; and

(2) For applicants who are legal entities:

a. The full legal name of the entity and each name under which the entity does business in New Hampshire;

b. The entity’s contact information;

c. The type of license applied for; and

d. The status of the application.

(b) The OPLC shall maintain a registry of licensees that includes:

(1) For licensees who are individuals:

a. The individual’s full name and contact information;

b. The type of license issued to the individual;

c. The license number; and

d. The status of the license;

(2) For licensees who are legal entities:

a. The full legal name of the entity and each name under which the entity does business in New Hampshire;

b. The entity’s contact information;

c. The type of license issued to the entity;

d. The license number; and

e. The status of the license; and

(3) For all licensees:

a. The date of initial licensure; and

b. Period(s) of active licensure.

(1) The name, type of license applied for, and application status of any applicant or category of applicants for whom the information is requested; and

(2) The name, license type, license number, and license status of any licensee or category of licensees for whom the information is requested.

(d) For applicants and licensees who are individuals, the OPLC shall not disclose any of the individual’s contact information unless:

(1) The individual has specifically authorized such disclosure; or

(2) The OPLC is ordered by a court of competent jurisdiction to disclose the information.

(e) For applicants and licensees who are legal entities, the OPLC shall not disclose the entity’s designated email address unless:

(1) The entity has specifically authorized such disclosure; or

(2) The OPLC is ordered by a court of competent jurisdiction to disclose the information.

(f) Nothing in this section shall prohibit the OPLC from disclosing:

(1) Aggregate data that does not contain any personal identifiers, for example the number of licenses issued for a particular profession during a specified time period; or

(2) Limited data sets and statistical tables as provided in RSA 91-A:10, II.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 301.05 Computation of Time {#sec-plc-301.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 301.05}

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time established in these rules shall begin with the day after the action that sets the time period in motion and include the last day of the period so computed.

(d) Time periods established in statute shall be determined as specified in the statute.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 301.06 Incorporated Definitions {#sec-plc-301.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 301.06}

All terms used in these rules relative to procedures, applications, inspections, and fees that are defined in Plc 100, Plc 200, Plc 400, or Plc 1000 shall have the meaning specified in those chapters.

History

#14137, eff 12-1-24

Part Plc 302 Chapter-Specific Definitions

“Application-related fees” means:

(a) For applications for initial licensure, the application processing and licensing fee specified in Plc 1002 and any inspection fee specified in Plc 1001.18, plus any examination fee required pursuant to Plc 303.04 or established in Plc 1004, paid directly to the third party testing organization;

(b) For applications for renewal licensure, the application processing and licensing fee specified in Plc 1002 and any inspection fee specified in Plc 1001.18; and

(1) If applicable law requires an inspection for reinstatement, the inspection fee specified in Plc 1001.18; and

(2) If applicable law requires an examination for reinstatement, the examination fee required pursuant to Plc 303.04 or established in Plc 1004, paid directly to the third party testing organization.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 202.03); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 302.02 Authorized signer {#sec-plc-302.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.02}

“Authorized signer” means the individual who has been duly authorized by an entity to sign applications and related documents that are submitted to the OPLC.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.04)

N.H. Code Admin. R. Ann. Plc 302.03 Contact individual {#sec-plc-302.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.03}

“Contact individual” means the individual who has been duly authorized by an entity to interact with the OPLC regarding licensing issues. The authorized signer and the contact individual may be, but are not required to be, the same individual.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.06)

N.H. Code Admin. R. Ann. Plc 302.04 DEA registration number {#sec-plc-302.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.04}

“DEA registration number” means a number assigned by the U.S. Drug Enforcement Administration (DEA) to an individual or an entity that allows the recipient to prescribe, handle, order, store, or dispense controlled substances.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.10)

N.H. Code Admin. R. Ann. Plc 302.05 Endorsement {#sec-plc-302.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.05}

“Endorsement” means the acceptance of another jurisdiction’s licensure as proof of qualifying for licensure in New Hampshire. The term includes “portability”, “license recognition”, “reciprocity”, and any other term used in applicable law to mean the same thing.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 302.20) (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.12)

N.H. Code Admin. R. Ann. Plc 302.06 Foreign jurisdiction {#sec-plc-302.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.06}

“Foreign jurisdiction” means a jurisdiction that is outside of any state of the U.S., the District of Columbia, the Commonwealth of Puerto Rico, a trust territory of the Pacific Islands, or any territory or possession of the United States.

History

14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 302.07 National provider identifier (NPI) {#sec-plc-302.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.07}

“National provider identifier (NPI)” means the unique identification number for covered health care providers, created under the Health Insurance Portability and Accountability Act (HIPAA) to help send health information electronically more quickly and effectively.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24; renumbered by #14305 (formerly Plc 302.06)

N.H. Code Admin. R. Ann. Plc 302.08 Practice {#sec-plc-302.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.08}

“Practice”, as a verb, means to engage in a regulated profession.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 302.04) (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.23); renumbered by #14305 (formerly Plc 302.07)

N.H. Code Admin. R. Ann. Plc 302.09 Special use temporary license {#sec-plc-302.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.09}

“Special use temporary license” means a license issued by the OPLC on behalf of a board that allows the person licensed to engage in a specific aspect of a regulated profession for a specified, limited period of time in New Hampshire, in lieu of needing to obtain a regular license. The term includes, but is not limited to, temporary licenses from the board of professional engineers or board of professional geologists that allow work on a specific project or from the NH real estate appraisers board to allow work on a single assignment.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.27); renumbered by #14305 (formerly Plc 302.08)

N.H. Code Admin. R. Ann. Plc 302.10 Substantially similar requirements {#sec-plc-302.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.10}

“Substantially similar requirements”, for purposes of licensure by endorsement, means requirements that meet the criteria specified in Plc 313.13 or subsequent sections in Plc 313, as applicable.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 302.05) (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.28); renumbered by #14305 (formerly Plc 302.09)

N.H. Code Admin. R. Ann. Plc 302.11 Third party testing organization {#sec-plc-302.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.11}

“Third party testing organization” means any regional or national accrediting or testing organization that administers an examination that is required by applicable law for licensure in New Hampshire.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14137, eff 12-1-24 (formerly Plc 302.29); renumbered by #14305 (formerly Plc 302.10)

Part Plc 303 Required Credentials and Examinations

N.H. Code Admin. R. Ann. Plc 303.01 Timing of Obtaining Credentials Relative to Applications {#sec-plc-303.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 303.01}

If applicable law requires individuals to hold credentials from a regional or national organization in order to practice in New Hampshire, the applicant shall obtain such credentials prior to submitting an application for licensure in New Hampshire unless applicable law allows an application to be filed prior to actually receiving the credentials.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 303.02 Timing of Third Party Examinations Relative to Applications {#sec-plc-303.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 303.02}

If applicable law requires applicants to obtain prior permission from the applicable board to take an examination from a third party testing organization, the applicant shall submit an application for licensure prior to registering for and taking the examination.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 303.03 Evaluation of Foreign Credentials Required {#sec-plc-303.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 303.03}

(a) Except as provided in (b), below, any individual who is applying for an initial license or a conditional license, where any part of the required credentials were issued by or in a foreign jurisdiction, shall submit with the application an evaluation of the applicant’s credentials by a member of:

(1) The National Association of Credential Evaluation Services (NACES), available at https://www.naces.org/; or

(2) The Association of International Credentials Evaluators (AICE), available at https://aice-eval.org/.

(b) If the license that is subject to (a), above, is in the profession of physical therapy, the applicant shall submit with the application an evaluation of the applicant’s credentials by the Foreign Credentialing Commission on Physical Therapy (FCCPT), available at https://www.fccpt.org/.

(c) An individual who is applying to have a license restored or reinstated who was required to obtain additional education as a condition of being returned to active status and who obtained the additional education in a foreign jurisdiction, shall submit with the application an evaluation of the additional education by:

(1) A member of an organization listed in (a)(1) or (2), above, if not in the field of physical therapy; or

(2) If in the field of physical therapy, by the organization listed in (b), above.

History

#14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 303.04 Examinations Administered by Third Party Testing Organizations {#sec-plc-303.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 303.04}

(a) If applicable law requires applicants to pass one or more examinations administered by a third party testing organization, whether to test an applicant’s knowledge and skills to practice the profession generally or an applicant’s knowledge of New Hampshire jurisprudence, or both, an individual seeking to obtain a license shall:

(1) Register directly with the testing organization, including paying any fee(s) required by the testing organization; and

(2) Request the testing organization to transmit the results directly to the licensing bureau.

(b) Any individual seeking reasonable accommodations for disabilities in the administration of the third party testing shall do so through the testing organization.

(c) Any individual seeking to retake an examination administered by a third party testing organization shall apply to retake the examination directly to the testing organization, including paying any fee(s) required by the testing organization, in accordance with the applicable requirements of the applicable board and testing organization.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #14305, eff 8-19-25, EXPIRES: 8-19-35 (formerly Plc 303.03)

N.H. Code Admin. R. Ann. Plc 303.05 Examinations Administered by Licensing Bureau {#sec-plc-303.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 303.05}

(a) Any individual seeking to practice in a profession for which applicable law requires applicants to pass an examination, such as a jurisprudence examination, that is administered by the licensing bureau on behalf of an applicable board, shall file the application in order to be eligible to take the exam.

(b) Any individual seeking reasonable accommodations for disabilities in the administration of the testing shall do so through the licensing bureau.

(c) Any individual seeking to retake an examination administered by the licensing bureau on behalf of an applicable board shall apply to retake the examination directly to the licensing bureau.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; renumbered by #14305 (formerly Plc 303.04)

N.H. Code Admin. R. Ann. Plc 303.06 English Language Proficiency Examinations {#sec-plc-303.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 303.06}

(a) Any individual seeking to practice in a profession for which applicable law requires applicants meeting certain criteria to pass an English language proficiency examination shall register directly with a third party testing organization to take the exam identified in applicable law.

(b) Any individual seeking reasonable accommodations for disabilities in the administration of an English language proficiency examination shall do so through the testing organization.

(c) Any individual seeking to retake an English language proficiency examination shall apply to retake the examination directly to the testing organization, including paying any fee required by the testing organization.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; renumbered by Plc 303.05)

Part Plc 304 Initial Licensure

N.H. Code Admin. R. Ann. Plc 304.01 Applying for Initial Licensure {#sec-plc-304.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.01}

Any person who wishes to apply for a New Hampshire license in a regulated profession in which the person is not currently licensed in New Hampshire or in another jurisdiction having substantially similar requirements for licensure and covered in Plc 313 shall:

(a) Submit the following to the licensing bureau using the portal available via www.oplc.nh.gov or, if the portal is not available or if submitting the application via the portal is not practicable for the applicant, by mailing a paper application to the address specified in Plc 103.03:

(1) A completed “Universal Application for Initial License”, dated 7/2026, that provides the information required by Plc 304.03 and is signed and attested to as specified in Plc 304.05;

(2) The additional information or documentation specified in Plc 304.04, as applicable;

(3) Any profession-specific addendum or supplement to the universal application identified in profession-specific rules, that is signed and attested to in accordance with:

a. The profession-specific rules; or

b. Plc 304.05, if not otherwise specified in profession-specific rules; and

(4) The application-related fees for initial licensure, unless Plc 304.02(a) applies;

(b) If applicable law requires a criminal records check, complete the process established by applicable law and the NHDOS for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and directing that the results be sent to the licensing bureau, provided that proof of the applicant’s military security clearance may be provided in lieu of the criminal background check if allowed by applicable law; and

(c) If applicable law requires proof of post-high school education, arrange for an official transcript, which shows the relevant degree awarded or training received and the date the degree was awarded or training was completed, to be sent by the issuing institution electronically to the licensing bureau at customersupport@oplc.nh.gov or, if not possible to transmit electronically, by mailing the transcript to the OPLC licensing bureau at the address specified for the OPLC in Plc 103.03.

History

#13606, eff 5-1-23; ss by #13955, eff 5-3-24; ss by #14305, eff 8-19-25; ss by #14602, eff 7-19-26, EXPIRES: 7-19-36

N.H. Code Admin. R. Ann. Plc 304.02 Facilitated Licensing for Active Military and Military Spouses and Individuals Licensed in Another Jurisdiction Having Substantially Similar Requirements {#sec-plc-304.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.02}

(a) Individuals who are on active military duty and military spouses who are not licensed in New Hampshire or in another jurisdiction with substantially similar requirements who wish to be licensed in New Hampshire shall apply for initial licensing as specified in Plc 304.01, except that the only application-related fees that shall be paid are those for inspections, if any, and examinations, if any.

(b) Individuals who are licensed in another jurisdiction that has substantially similar requirements who wish to be licensed in New Hampshire may apply in accordance with Plc 313 if their profession is listed in Plc 313.02.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 304.03 Information Required for Initial License Application {#sec-plc-304.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.03}

On the application form identified in Plc 304.01(a)(1), the applicant shall identify the profession for which the application is being filed and indicate whether the applicant is an individual or an entity, and then provide the following information:

(a) If the applicant is an individual, the following:

(1) The applicant’s full legal name, including any suffix such as “Jr.” or “III”, and any other name(s) the applicant has ever used to obtain education, profession-related training, or government services including licensure of any kind;

(2) The applicant’s date of birth by month, day, and year;

(3) The applicant’s social security number or other U.S. taxpayer identification number, as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

(4) The applicant’s home physical address by street name and number, apartment number if applicable, municipality, county, state, zip code, and country if not the U.S., and home mailing address if different;

(5) The applicant’s home or other personal telephone number;

(6) The applicant’s designated email address;

(7) The name, physical address, and telephone number of the applicant’s anticipated office or other place of business, if known;

(8) Whether the applicant speaks English as the primary language and, if not, the applicant’s primary language and other secondary languages;

(9) Whether the applicant is on active military duty or is a military spouse, and whether the applicant is applying for facilitated licensure;

(10) The following information, to be used solely for purpose of workforce data analysis, provided that “prefer not to answer” shall be an acceptable response to any or all question(s):

a. Applicant’s sex;

b. Applicant’s race or ethnicity, including information regarding Hispanic, Latino/a, or Spanish origin;

c. Highest level of education, whether or not related to the profession in which licensure is being sought;

d. Where the applicant completed the education program or degree, as applicable, that first qualified the applicant for the license being applied for, provided that if the program or degree was completed on-line, identify where the on-line program was housed;

e. Relative to the applicant’s employment status, whether the applicant is:

Actively working in a position that requires the license being applied for;
Actively working in a position in the same profession that does not require this license;
Actively working in a position in a different profession;
Not currently working; or
Retired;

f. Relative to the applicant’s employment plans for the next 2 years, whether the applicant intends to:

Increase hours in a field related to this license;
Decrease hours in a field related to this license;
Seek employment in a field unrelated to this license;
Retire;
Continue as is; or
Not sure or plans unknown;

g. Identification of the specialty, field, or area of practice in which the applicant spends the most professional time;

h. Whether the applicant uses or expects to use telehealth to deliver services to patients;

i. The state in which the applicant’s primary practice is located, if applicable;

j. The 5-digit zip code of the applicant’s primary practice location, if applicable;

k. Relative to the applicant’s current employment arrangement at their principal practice location, whether the applicant is:

Self-employed or a consultant;
A salaried employee;
An hourly employee;
In temporary employment or Locum Tenens;
Other arrangement; or
Not employed; and

l. In the applicant’s primary employment or practice, whether the applicant’s primary role is that of:

Administrator;
Clinical practitioner;
Faculty or other educator;
Researcher;
Other; or
Not applicable;

(11) For applicants in any health care field:

a. Identification of the practice setting at the applicant’s primary practice location;

b. What population groups the applicant provides services to;

c. An estimate of the number of hours per week the applicant spends at their primary practice location; and

d. An estimate of the number of hours per week the applicant spends in direct patient care;

(12) For applicants in any health care field, whether the applicant intends to practice in New Hampshire more than 50% of the time, whether in-person or by telehealth;

(13) If specific training or a specific degree is required by applicable law, the name of the educational institution that provided the training or degree required and the date the training was completed or degree was received; and

(14) Any other profession-specific information required by applicable law, to the extent not otherwise covered by this section;

(b) If the applicant is an entity, the following:

(1) The applicant’s full legal name as shown on the document(s) that created the entity and each name under which the applicant does business in New Hampshire;

(2) The type of entity the applicant is, such as a corporation, limited liability corporation, professional association, partnership, or other form;

(3) The entity’s date and state of formation;

(4) The employer identification number or other federal tax ID number assigned to the applicant by the U.S. Internal Revenue Service;

(5) The applicant’s primary physical address in New Hampshire by street name and number, suite number if any, municipality, county, and zip code, and New Hampshire mailing address if different;

(6) The applicant’s main telephone number;

(7) The applicant’s designated email address;

(8) The name, telephone number, and email address of the authorized signer and the name, telephone number, and email address of each contact individual, if other than the authorized signer;

(9) Such information as is required by applicable law on partners, officers, directors, and similar individuals having responsibility for or control over the applicant; and

(10) Any additional information required for entities by applicable law;

(c) Identification of each jurisdiction in which the applicant has applied for, holds, or has held a license to practice in the same profession as the license being applied for and, if required by applicable law, any other profession for which the applicant holds or has held a license, and for each, the license number, date initially licensed, date most recently licensed, and the status in each jurisdiction such as in good standing, expired, suspended, revoked, or denied renewal;

(d) If the applicant is applying for an initial license in New Hampshire based on endorsement, and is licensed in more than one other jurisdiction, identification of which jurisdiction the applicant believes has requirements for licensure that are substantially similar to, or greater than, those established by applicable law;

(e) A “yes” or “no” answer to the following questions relating to background and character, subject to the “safe harbor” provisions of Plc 504.03(c):

(1) Whether the applicant is now or has any reason to believe that the applicant will soon be the subject of a disciplinary proceeding, settlement agreement, or consent decree undertaken or issued by a professional licensing board of any jurisdiction;

(2) Whether any malpractice claim has been made against the applicant within the past 10 years;

(3) Whether the applicant has, for disciplinary reasons, been put on administrative leave, been fired for cause other than staff reduction from a position at the applicant’s place of employment, or had any privileges limited, suspended, or revoked in any professional setting within the past 10 years;

(4) Whether the applicant has been denied the privilege of taking an examination required for any professional licensure within the past 10 years;

(5) Whether the applicant has committed any act(s) within the past 10 years that would violate the laws or rules that govern the profession for which application is being made;

(6) Whether the applicant has ever been found guilty of or entered a plea of no contest to any felony that is related to professional practice;

(7) Whether the applicant has been found guilty of or entered a plea of no contest to, within the past 10 years, any felony that is not related to professional practice, or any misdemeanor;

(8) Whether the applicant has been the subject of any disciplinary action by any professional licensing authority within the past 10 years;

(9) Whether the applicant has, within the past 10 years, been denied a license or other authorization to practice in any jurisdiction; and

(10) Whether the applicant has, within the past 10 years, surrendered a license or other authorization to practice issued by any jurisdiction for any reason;

(f) Whether the applicant has a DEA registration number and, if so, what the number is;

(g) Whether the applicant stores, administers, or dispenses controlled drugs in a setting that is not regulated under RSA 318 relative to pharmacists and pharmacies and if so, the location of the activity;

(h) For applicants in any health care profession, whether the applicant has an ownership interest in any diagnostic or therapeutic service(s) or company(ies), and if so the name and address of each company and the specific diagnostic or therapeutic services provided by the company, to comply with RSA 125:25-c; and

(i) Whether the applicant consents to the disclosure to third parties of:

(1) For individuals, any or all of the applicant’s contact information; or

(2) For entities, the entity’s designated email address.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 304.04 Additional Information and Documentation Required for Initial License Application {#sec-plc-304.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.04}

At the time that an applicant for initial licensure submits a completed license application form, the applicant shall submit, or arrange for the licensing bureau to receive, the following:

(a) A clear explanation, including all relevant facts, the date(s) of the action, and the sanction(s) imposed, of:

(1) Any license sanctions, including fines or penalties, imposed administratively or via a court proceeding in a jurisdiction listed pursuant to Plc 304.03(c); and

(2) Any “yes” answer to the background and character questions listed in Plc 304.03(e) that is not covered by (1), above;

(b) If applicable, the applicant’s examination scores sent directly to the licensing bureau by the third party testing organization, including the English proficiency score if required by applicable law;

(c) An official letter of verification sent directly to the licensing bureau customersupport@oplc.nh.gov, or if the information cannot be sent electronically, at the mailing address for the OPLC specified in Plc 103.03, from each state that has issued the applicant a license or other authorization to practice the profession for which application is being made, that states:

(1) Whether the license or other authorization is or was, during its period of validity, in good standing; and

(2) Whether any disciplinary action is pending or was taken against the license or other authorization to practice, whether administratively or via a court proceeding;

(d) For applicants who are on active military duty, proof of service status in the form of verification from the Defense Finance and Accounting Service at https://www.dfas.mil/garnishment/verifyservice/;

(e) For any applicant applying for facilitated licensure as a military spouse, proof of service status as required by (d), above, and proof of marriage in the form of:

(1) A copy of the front and back of the applicant’s current military spouse identification card; or

(2) A copy of the applicant’s official marriage certificate, and, if the certificate is not in English, an English translation of the certificate that is certified by the translator as being an accurate translation;

(f) For any applicant that is an entity, a copy of the legal document that confers authority on the authorized signer to sign the application on the applicant’s behalf; and

(g) Any additional information or materials required by applicable law, such as proof of certification by, or registration with, a regional or national credentialing organization, except that no photograph shall be required to be submitted unless required by an applicable statute.

History

#13606, eff 5-1-23; ss by #13955, eff 5-3-24;ss by #14540, eff 5-19-26, EXPIRES: 5-19-36

N.H. Code Admin. R. Ann. Plc 304.05 Signature and Attestation Required for Initial License Application {#sec-plc-304.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.05}

(a) The applicant for an initial license, or the authorized individual on behalf of an entity, shall sign and date the application, provided that for applications that are submitted electronically, the act of submitting the application shall constitute the signature and the date of submittal shall be the date.

(b) The signature shall constitute the applicant’s attestation that:

(1) The applicant is not under investigation by any professional licensing board and the applicant’s credentials have not been suspended or revoked by any professional licensing board, unless a written explanation of each such occurrence is being submitted with the application pursuant to Plc 304.04(a);

(2) The information and documentation provided are true, complete, and not misleading to the best of the applicant’s knowledge and belief;

(3) The applicant understands that providing false or misleading information constitutes grounds for denial, suspension, or revocation of a license; and

(4) The applicant understands that knowingly providing false material information constitutes a misdemeanor under RSA 641:3 relative to falsification in official matters.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 304.06 Initial Review of Applications for Initial Licensure; Abandonment {#sec-plc-304.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.06}

(a) Within 30 days of receipt of an application submitted pursuant to Plc 304.01 or Plc 304.02, the licensing bureau shall:

(1) Accept the application as being complete;

(2) Accept the application as being complete except for test results; or

(3) Determine that the application is incomplete because it lacks something other than, or in addition to, test results, and notify the applicant in writing sent to the applicant’s designated email address that the application is incomplete, specifying what the applicant needs to submit to complete the application.

(b) If the application is complete except for test results and the test has not yet been taken because permission is needed from the applicable board, the licensing bureau shall transmit the needed authorization to the applicant, provided the applicant meets the criteria to test specified in applicable law.

(c) If the application is complete except for test results, and either the test has been taken but the testing organization has not sent in the results or the applicant has registered for the test but has not yet taken the test, the licensing bureau shall hold the application until the results are received, but no more than 180 days.

(d) A notice of incompleteness sent pursuant to (a)(3), above, shall inform the applicant that the application will be deemed to have been abandoned if the application is not completed within 60 days, provided that test results shall not be subject to the 60-day time limit.

(e) An applicant who is unable to complete the application by the specified deadline due to circumstances beyond the control of the applicant may request additional time to complete the application in accordance with (f), below.

(f) A request for additional time to complete an application shall:

(1) Identify the name in which the application was submitted, the date the application was submitted, and the profession for which the application was submitted;

(2) Be submitted by the applicant in writing to the licensing bureau via email to customersupport@oplc.nh.gov no later than the deadline specified for completing the application;

(3) Clearly explain the circumstances that are beyond the applicant’s control that prevent the applicant from completing the application by the deadline; and

(4) Identify the date by which the applicant will complete the application, which shall be no later than 60 days after the original deadline.

(g) The licensing bureau shall grant additional time to complete the application if the applicant is prevented by circumstances beyond the applicant’s control from completing the application and requests additional time in accordance with (f), above.

(h) An application shall be deemed abandoned, and no decision shall be made to approve or deny the application, if the applicant submits an incomplete application for initial licensure and either:

(1) Does not provide the required information and does not request additional time to complete the application by the specified deadline; or

(2) Requests and receives additional time to complete the application but does not submit the required information by the new deadline.

(i) If the application is abandoned, then:

(1) The application processing fee shall not be refunded;

(2) Any examination fee for an examination administered by the licensing bureau on behalf of the applicable board shall be refunded only if:

a. The applicant has not already taken the examination;

b. The applicant’s payment has cleared; and

c. The OPLC has not already spent the funds in preparation for administering the examination; and

(3) Any inspection fee for an inspection required for licensure shall be refunded only if:

a. The inspection has not already been done; and

b. The applicant’s payment has cleared.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 304.07 Withdrawal of Application for Initial Licensure {#sec-plc-304.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.07}

(a) An applicant may withdraw the application for licensure at any time prior to being notified of a decision under Plc 304.09.

(b) To withdraw an application, the applicant shall submit written notice to the licensing bureau via email addressed to customersupport@oplc.nh.gov that:

(1) Clearly states the applicant’s intention to withdraw the application; and

(2) Clearly identifies the name in which the application was submitted, the profession for which the application was submitted, and the date the application was submitted.

(c) Upon receipt of a notice of withdrawal, the licensing bureau shall cease processing the application and mark the file to indicate the application was voluntarily withdrawn by the applicant.

(d) If the application is withdrawn, then:

(1) The application processing fee shall not be refunded;

(2) Any examination fee for an examination administered by the licensing bureau on behalf of the applicable board shall be refunded only if:

a. The applicant has not already taken the examination;

b. The applicant’s payment has cleared; and

c. The OPLC has not already spent the funds in preparation for administering the examination; and

(3) Any inspection fee for an inspection required for licensure shall be refunded only if:

a. The inspection has not already been done; and

b. The applicant’s payment has cleared.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 304.08 Review of Complete Applications for Initial Licensure; Inspections {#sec-plc-304.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.08}

(a) After determining that an application is complete, the licensing bureau shall review the application to determine whether the applicant meets all criteria specified in applicable law for the license being applied for, provided that:

(1) If an inspection is required prior to licensure, the licensing bureau shall refer the application to the inspection assignment coordinator for an inspection to be conducted in accordance with the applicable provisions in Plc 400; and

(2) If the licensing bureau determines that the technical or professional expertise of the applicable board would be of assistance in determining whether the applicant meets the criteria for licensure, the licensing bureau shall refer the application to the applicable board for review and a recommendation as provided in (c), below.

(b) Subject to (c), below, and Plc 304.09, the licensing bureau shall make a decision on a complete application for initial licensure within 60 days of determining that an application is complete.

(1) The board chair shall review the application to determine whether a reasonable person having the education and experience of a competent licensee would have any doubt about the applicant’s qualifications, provided that if another board member is better qualified than the chair to review the application, the chair shall delegate the review under this section to that board member;

(2) If the board chair or designee determines that a reasonable person having the education and experience of a competent licensee would believe the applicant is unquestionably qualified, the board chair or designee shall recommend to the licensing bureau that a license be issued;

(3) If the board chair or designee determines that a reasonable person having the education and experience of a competent licensee would believe the applicant is unquestionably not qualified, the board chair or designee shall recommend to the licensing bureau that a license not be issued, with an explanation of why the applicant is not qualified;

(4) If the board chair or designee determines that reasonable people having the education and experience of competent licensees could disagree about whether the applicant is qualified, the board chair or designee shall:

a. Present the application to the board for discussion and a recommendation, if the next regularly-scheduled board meeting is soon enough that a recommendation can be conveyed to the licensing bureau within 55 days of receiving the application from the licensing bureau; or

b. If the next regularly-scheduled board meeting is not soon enough that a recommendation could be conveyed to the licensing bureau within 55 days, either:

Convene a special meeting of the board to obtain a timely recommendation, or request that a special meeting of the board be convened if the review was delegated; or
Present the reasons for and against issuing a license to the licensing bureau in lieu of a recommendation; and

(5) If the board does not provide a recommendation or reasons for and against issuing the license to the licensing bureau within the specified time period, the licensing bureau shall make a decision without the board’s input.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 304.09 Decisions on Applications for Initial Licensure {#sec-plc-304.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.09}

(a) If the applicant has demonstrated that all eligibility criteria specified in applicable law for initial licensure have been met and that none of the grounds for denying initial licensure specified in Plc 311.03 apply, the licensing bureau shall approve the application and issue an initial license to the applicant at the applicant’s designated email address, subject to (b), below.

(b) Any application for a pharmacy license shall be subject to the inspection and licensing issuance or denial described in Ph 305.02, “Site Inspection for Pharmacy Permit”, or successor rule in Ph 300 relative to processing applications for initial licensure of pharmaceutical entities, but shall remain subject to this chapter for all other licensing matters.

(c) If the applicant has not demonstrated that all eligibility criteria specified in applicable law for full initial licensure have been met but applicable law provides for conditional initial licensure and the applicant has demonstrated that all eligibility criteria for conditional initial licensure have been met and that none of the grounds for denying initial licensure specified in Plc 311.03 apply, the licensing bureau shall approve the application and issue a conditional initial license to the applicant at the applicant’s designated email address.

(d) If the applicant has not demonstrated that all eligibility criteria specified in applicable law have been met for full initial licensure or for conditional initial licensure, or if any of the grounds for denying initial licensure specified in Plc 311.03 apply, the licensing bureau shall:

(1) Issue a denial of the application; and

(2) Inform the applicant by email sent to the applicant’s designated email address of the reason(s) for the denial and that the denial shall become final if the applicant does not file a petition for a hearing in accordance with Plc 304.10 within 30 calendar days of receiving the denial, provided that if the last day of the period is not a working day, the deadline shall extend to 4:00 p.m. of the first working day following.

(e) For purposes of determining the date the denial was received, a denial sent to the applicant’s designated email address shall be presumed to be received not later than one calendar day after the date the licensing bureau sent the denial.

(f) If the applicant does not file a petition for a hearing within the time period specified in the notice issued pursuant to (d), above, the denial shall become final.

(g) If the application is denied, no application-related fees shall be refunded.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 304.10 Challenging a Denial of Initial Licensure; Challenging License Conditions {#sec-plc-304.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.10}

(a) An applicant who wishes to challenge the denial of an application for initial licensure made pursuant to Plc 304.09, or who wishes to challenge any condition(s) included in the license, shall submit a “Petition for Hearing After Initial Denial of Licensure or Issuance of License with Conditions”, dated June 2025, that is signed and attested to as provided in (b) and (c), below, to the OPLC hearings clerk at hearingsclerk@oplc.nh.gov or, if filing electronically is impracticable for the petitioner, by mailing it to the attention of the hearings clerk at the OPLC’s mailing address as listed in Plc 103.03.

(b) The petitioner or petitioner’s authorized representative shall sign and date the petition, provided that if the petition is filed electronically, the act of submitting the petition shall constitute the signature and the date of submittal shall be the date.

(1) The signer has read the petition for hearing;

(2) The signer is authorized to file the petition for hearing;

(3) To the best of the signer’s knowledge, information, and belief, there are good grounds to support the petition for hearing; and

(4) The petition for hearing has not been filed solely or primarily for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

(d) As required by RSA 310:14, I-a, the petition for hearing shall be filed within 30 calendar days of receipt of the denial of licensure, provided that if a petition for hearing is filed more than 31 days after the date of the denial of licensure, the petitioner shall have the burden of proving that the denial was received more than one day after the date the licensing bureau sent the denial.

(e) When a petition for hearing is received, the hearings clerk shall:

(1) Notify the licensing bureau with information sufficient for the licensing bureau to identify the underlying application; and

(2) Docket the matter for a hearing before the applicable board.

(f) Upon receipt of notice from the hearings clerk, the licensing bureau shall forward the application file to the hearings clerk.

(g) An applicant who requests a hearing who is on active military duty may request the hearing to be deferred until the applicant is no longer on active duty.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 304.11 Issuance of Initial Licenses {#sec-plc-304.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.11}

(a) Each initial license and conditional initial license issued under this chapter shall specify:

(1) The name of the licensee;

(2) The profession in which the licensee is authorized to practice;

(3) The effective date of the license;

(4) The license number; and

(5) Any conditions imposed pursuant to Plc 311.06.

(b) Upon issuance of an initial license or initial conditional license, the licensee shall become subject to Plc 307 through Plc 312 and to the regulatory authority of the applicable board.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 304.12 Duration of Initial Licenses {#sec-plc-304.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.12}

As provided in RSA 310:8, II, initial licenses issued pursuant to this chapter that are not conditional shall be valid for 2 years from the date of issuance, subject to the following:

(a) Timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until final action has been taken on the renewal application; and

(b) Suspension or revocation of the license pursuant to Plc 311 or other applicable law shall cause the license to not be valid unless and until it is restored or reinstated as provided in Plc 312.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 304.13 Issuance of Full Licenses to Conditional Licensees {#sec-plc-304.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.13}

(a) A conditional licensee who completes all requirements for full licensure as established by the applicable board may request a full license in accordance with applicable law or, if applicable law is silent on the matter, in accordance with this section.

(b) To request a full license, the conditional licensee shall submit a complete application for initial licensure, supplemented as necessary to confirm that any requirements of the conditional license have been met.

(c) The licensing bureau shall process an application for full licensure as provided in Plc 304 for applications for initial licensure.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 304.14 Wall Certificates {#sec-plc-304.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 304.14}

(a) Licenses sent to successful applicants by the licensing bureau shall be in a format that can be printed by the licensee so as to be suitable for framing and posting.

(b) Any licensee who wishes to have a professionally-printed wall certificate to display in an office or other place of business shall submit a written request for the wall certificate to the licensing bureau that:

(1) Includes:

a. The name of the licensee or certificate holder as it appears on the license;

b. The license number from the electronically-issued license;

c. The profession in which the licensee is licensed;

d. Email and telephone contact information; and

e. Payment of the fee for wall display certificate specified in Plc 1001.10 made payable to “Treasurer, State of NH”; and

(2) Is mailed to the OPLC at the address specified in Plc 103.03.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

Part Plc 305 Temporary Licensure

N.H. Code Admin. R. Ann. Plc 305.01 Purpose {#sec-plc-305.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 305.01}

The purpose of the rules in Plc 305 is to implement RSA 310:6, V relative to temporary licensure of health care professionals and RSA 332-G:14 relative to temporary licensing of professionals licensed under Title XXX and the trades, professions, and businesses regulated by the mechanical licensing board under RSA 153:27 through RSA 153:38.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 305.02 Applicability {#sec-plc-305.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 305.02}

(a) Except as provided in (b) through (e), below, Plc 305 shall apply to any individual who has an active, unencumbered license in good standing in a regulated profession in another U.S. jurisdiction who wishes to practice the profession in New Hampshire and has applied or is applying for a regular license under Plc 304 because their profession is not covered by Plc 313.

(b) As provided in RSA 332-G:14, II, Plc 305 shall not apply to any profession for which the applicable board has:

(1) Determined that another jurisdiction’s licensure requirements are not substantially equivalent to, or more stringent than, New Hampshire’s in education, training, experience, or scope of practice; and

(2) Published the determination on its website.

(c) No person who has already obtained a New Hampshire license that has been suspended or revoked shall apply for a temporary license under RSA 310:6, V, RSA 332-G:14, Plc 305, or Plc 306 in the same profession.

(d) Individuals on active military duty and military spouses may seek temporary licensure under this part or under Plc 306 or may seek a regular license under Plc 313 if their profession is listed in Plc 313.02.

(e) Rules of the applicable board shall apply in lieu of these rules to special use temporary licenses until such time as they are covered in Plc 300.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 305.03 Applications for Temporary License {#sec-plc-305.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 305.03}

(a) An applicant for a temporary license shall submit:

(1) A completed application for initial licensure as provided in Plc 304, which may be submitted prior to or with the application for temporary license;

(2) The information specified in Plc 305.04(a)-(k) on a “Universal Temporary License Application” dated March 2023, that is signed and attested to as specified in Plc 305.05;

(3) The verification specified in Plc 305.04(l); and

(4) The temporary license application fee specified in Plc 1001.

(b) The applicant shall submit the required items to the licensing bureau:

(1) Electronically, using the portal available via the OPLC website at https://www.oplc.nh.gov; or

(2) If the portal is not yet available, by mailing or delivering to the OPLC office at the address listed in Plc 103.03.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 305.04 Information and Verification Required for a Temporary License {#sec-plc-305.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 305.04}

An applicant for a temporary license shall identify the profession for which the application is being filed and the date the application for initial licensure was filed or is expected to be filed, and then provide the following information and verification:

(a) The applicant’s full legal name including any suffix such as “Jr.” or “III”, and any other name(s) in which the applicant holds or has held a license;

(b) The applicant’s date of birth by month, day, and year;

(d) The applicant’s home physical address by street name and number, apartment number if any, municipality, county, state, zip code, and country if not the U.S., and home mailing address if different;

(e) The applicant’s home or other personal telephone number;

(f) The applicant’s designated email address;

(g) Whether the applicant is on active military duty or the spouse of an individual on active military duty;

(h) Identification of each U.S. jurisdiction where the applicant holds an active license and for each, the license number, date of most recent licensure, and whether the license is in good standing;

(i) An answer to the question “Have you committed any acts or omissions that are grounds for disciplinary action in another jurisdiction?”

(j) If the answer to the question in (i), above, is in the affirmative, a detailed letter of explanation explaining the circumstances and any disciplinary or non-disciplinary action taken;

(k) Whether the applicant consents to the disclosure to third parties of any or all of the applicant’s contact information; and

(l) Verification of licensure from a jurisdiction listed pursuant to (h), above, that has licensure requirements in the applicable profession that are substantially equivalent to or more stringent than those of New Hampshire, in the form of an official verification or a printout from an on-line license verification system.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 305.05 Required Signature and Attestation {#sec-plc-305.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 305.05}

(a) An applicant for a temporary license shall sign and date the application, provided that for applications that are submitted electronically, the act of submitting the application shall constitute the signature and the date of submittal shall be the date.

(b) The signature shall constitute the applicant’s attestation that:

(1) The applicant is not under investigation by any professional licensing board and the applicant’s credentials have not been suspended or revoked by any professional licensing board;

(2) The information and documentation provided are true, complete, and not misleading to the best of the applicant’s knowledge and belief;

(3) The applicant understands that providing false or misleading information constitutes grounds for denial, suspension, or revocation of a license; and

(4) The applicant understands that knowingly providing false material information constitutes a misdemeanor under RSA 641:3 relative to falsification in official matters.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 305.06 Processing of Applications for Temporary License; Decisions {#sec-plc-305.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 305.06}

(a) As required by RSA 332-G:14, IV, the executive director shall grant a temporary license to each applicant who is a professional in a profession that is subject to this part and who provides all items specified in Plc 305.03, including without limitation proof that the applicant holds an equivalent license in good standing in another U.S. jurisdiction and has committed no acts or omissions that are grounds for disciplinary action in another U.S. jurisdiction.

(b) If the information submitted by the applicant shows that the applicant does not qualify for a temporary license, the executive director shall deny the application.

(c) If the information submitted by the applicant is insufficient to allow the executive director to issue or deny a temporary license, the executive director shall request the applicant to provide the additional information needed to allow a determination to be made.

(d) Denial of a temporary license under this part shall not automatically result in denial of a regular license.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 305.07 Duration of Temporary License {#sec-plc-305.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 305.07}

As provided in RSA 310:6, V and RSA 332-G:14, IV, a temporary license issued under Plc 305.06 shall remain valid for 120 days or until final action is taken on an application for full licensure, whichever occurs first.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

Part Plc 306 Temporary Licensure for Military Service Members and Spouses

N.H. Code Admin. R. Ann. Plc 306.01 Purpose and Applicability {#sec-plc-306.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 306.01}

(a) The purpose of this part is to implement RSA 310:16 relative to temporary licensure for military service members and military spouses.

(b) This part shall apply to any individual on active military duty or military spouse who holds a current, valid, unencumbered occupational or professional license in good standing issued by a state or territory of the United States who:

(1) Wishes to practice the occupation or profession in New Hampshire; and

(2) Is seeking a license in a profession that is not covered by Plc 313.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 306.02 Qualifications {#sec-plc-306.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 306.02}

As required by RSA 310:16, to qualify for a temporary license under this part the applicant shall:

(a) Be a member of the armed forces of the United States or a military spouse;

(b) Hold a current, valid, unencumbered occupational or professional license in good standing issued by a state or territory of the United States that corresponds to a license needed to practice an occupation or profession in New Hampshire; and

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 306.03 Application for Temporary License for Active Duty Military and Military Spouses {#sec-plc-306.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 306.03}

(a) To apply for a temporary license under this part, the applicant shall submit the following to the licensing bureau via the on-line licensing portal at the OPLC website at https://www.oplc.nh.gov or, if the on-line portal is not yet available or if submitting the application electronically is not practicable for the applicant, by mail to the OPLC at the address listed in Plc 103.03:

(1) A completed application for initial licensure as provided in Plc 304, which may be submitted prior to or with the application for a temporary license;

(2) An “Application For Temporary License for Active Military and Spouses” dated February 2023 that includes the information required by Plc 306.04; and

(3) The supporting documentation identified in Plc 306.05.

(b) As required by RSA 310:16, II, the applicant shall execute and submit with the application submitted pursuant to (a)(2), above, a notarized affidavit affirming, under penalty of law, that:

(1) The applicant is the individual described and identified in the application;

(2) All statements made on the application are true and correct and complete;

(3) The applicant has read and understands the requirements for licensure and attests that those requirements are met; and

(4) The applicant is in good standing in all jurisdictions in which the applicant holds or has held a license.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 306.04 Information Required for Temporary License Application {#sec-plc-306.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 306.04}

The applicant for a temporary license under this part shall provide the following information:

(a) The date the application for initial licensure was filed or is anticipated to be filed and the profession for which the application is being filed;

(b) The applicant’s full legal name including any suffix such as “Jr.” or “III”, and any other name(s) under which the applicant holds or has held a professional license;

(d) The applicant’s social security number as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

(e) The applicant’s home physical address by street name and number, apartment number if applicable, municipality, county, state, zip code, and country if not the U.S., and home mailing address if different;

(f) The applicant’s home or other personal telephone number;

(g) The applicant’s designated e-mail address;

(h) Whether the applicant is on active military duty or is the spouse of an individual on active military duty;

(i) A list of each jurisdiction in which the applicant holds or has held a license to practice the occupation or profession for which a temporary license is sought and for each:

(1) The license number and date of most recent licensure; and

(2) The status of the license, such as active, expired, suspended, revoked, or denied renewal; and

(j) Whether the applicant consents to the disclosure to third parties of any or all of the applicant’s contact information.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 306.05 Documentation Required for Temporary License Application {#sec-plc-306.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 306.05}

Applicants under this part shall provide the following with the application submitted pursuant to Plc 306.03:

(a) For an applicant who is on active military duty, confirmation of military status obtained as provided in Plc 304.04(e);

(b) For an applicant who is a military spouse, a copy of the applicant’s spouse’s confirmation of military status and proof of marriage as provided in Plc 304.04(f); and

(1) Identifies the applicant by name; and

(2) Clearly shows that the applicant is authorized to practice the occupation or profession in that jurisdiction and is in good standing.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 306.06 Decisions on Applications for Temporary License {#sec-plc-306.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 306.06}

(a) As required by RSA 310:16, the executive director shall make a decision on the application within 30 days of having received an application or, if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check.

(b) The executive director shall issue a temporary license to any applicant who submits a complete application as required by Plc 306.03 and demonstrates that the statutory qualifications in RSA 310:16 are met.

(c) If the information submitted by the applicant shows that the applicant does not qualify for a temporary license, the executive director shall deny the application.

(d) If the information submitted by the applicant is insufficient to allow the executive director to issue or deny a temporary license, the executive director shall request the applicant to provide the additional information needed to allow a determination to be made.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 306.07 Duration and Expiration of Temporary License under RSA 310:16 {#sec-plc-306.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 306.07}

(a) As provided in RSA 310:16, I, the temporary license shall be valid while completing the requirements for initial licensure in New Hampshire for not less than 180 days, so long as no cause for denial of a license exists under applicable law.

(b) As provided in RSA 310:16, III, an applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements.

(c) To request an extension, the applicant shall submit a request within 15 days prior to the temporary license’s expiration date, as required by RSA 310:16, III.

(d) A temporary license shall expire 180 days after issuance if a final decision has not been made on the application for initial licensure unless the applicant requests and receives an extension under (c), above.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

Part Plc 307 Licensee Obligations; Inactive Status for Reserve Military Called to Active Duty

N.H. Code Admin. R. Ann. Plc 307.01 Applicability {#sec-plc-307.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.01}

(a) Plc 307.02 through Plc 307.05 shall apply to any person who holds a license to practice a regulated profession, whether an initial license, temporary license, provisional license, renewal license, or apprentice registration, and whether issued directly by a board or by the OPLC.

(b) Plc 307.05 also shall apply to any student practicing under a provision in applicable law that allows such practice, whether as an internship or under a student license.

(c) Plc 307.06 and Plc 307.07 shall apply to any licensee who is a member of any reserve component of the U.S. armed forces or the national guard and is called to active duty.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 307.02 Licensee Obligations for Notifications {#sec-plc-307.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.02}

(a) Unless a longer time period is established in an applicable statute, each licensee shall:

(1) Notify the licensing bureau within 10 working days when a change of name occurs; and

(2) Update the OPLC’s records within 10 working days when a change of contact information or a change in business address occurs.

(b) Each licensee shall know, and have available in the licensee’s office or other place of business, information regarding how complaints can be filed with the OPLC.

(c) Unless a longer time period is established in an applicable statute, each licensee shall inform the OPLC at customersupport@oplc.nh.gov within 10 working days of:

(1) Any disciplinary action, including the imposition of fines or penalties, taken or in the process of being taken against the licensee by any jurisdiction in which the licensee is authorized to practice in any profession;

(2) The commencement of any civil action or insurance claim filed against the licensee that alleges malpractice and any decision(s) made in such civil actions or insurance claims; and

(3) Conviction without annulment in any jurisdiction of any felony that:

a. Constitutes a sexual offense as defined in the convicting jurisdiction;

b. Constitutes a violation of controlled substance law; or

c. Is based on:

Injury or the potential for injury to a victim;
Any form of theft that would be covered in New Hampshire by RSA 637; or
Any form of crime involving dishonesty, including but not limited to fraud, blackmail, extortion, graft, hoax, misrepresentation, or forgery.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 307.03 Licensee Responsibilities for Renewal {#sec-plc-307.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.03}

Each licensee shall:

(a) Know when the licensee’s license is due to expire; and

(b) For an initial license that is not conditional and for a license that has been renewed previously, file an application for renewal prior to the expiration of the current license in accordance with Plc 308 if the licensee intends to continue to practice in New Hampshire.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 307.04 Licensee Obligations for Continuing Competence {#sec-plc-307.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.04}

Each licensee shall comply with all continuing competence requirements established in applicable law.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 307.05 Obligations of Persons Subject to These Rules {#sec-plc-307.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.05}

(a) Each person subject to these rules shall comply with all applicable law.

(b) In any application or other document filed with, or statement made to, the licensing bureau or the applicable board, each person subject to these rules shall provide information that, to the best of the person’s knowledge and belief, is true, complete, and not misleading.

(c) Each person subject to these rules shall cooperate with investigations and requests for information from the OPLC and the applicable board, wherein “cooperate” means to provide the information requested, answer any questions posed, and allow inspections in order to enable the OPLC or applicable board to determine compliance with applicable law.

(d) Each person subject to these rules shall provide honest and accurate information in reports prepared as part of practicing the profession in which the person is authorized to practice.

(e) Each person subject to these rules shall report evidence of professional misconduct on the part of another licensee when that conduct poses a potential threat to life, health, or safety.

(f) Each person subject to these rules shall maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the professional-client or professional-patient relationship in a sexual way; and

(2) Avoiding any behavior that is sexual, seductive, suggestive, or sexually demeaning, or could be reasonably interpreted as such, even when initiated or consented to by the target of the behavior.

(g) Each person subject to these rules shall be truthful in publicly representing or advertising the person’s services by avoiding the following:

(1) False, deceptive, or misleading statements, including the misleading use of credentials;

(2) Unreasonable or exaggerated claims of success;

(3) Guarantees of success;

(4) Claims or implications of professional superiority or of training that cannot be substantiated; and

(5) Unsubstantiated claims of expertise or certification of such in any specific areas of the scope of practice set forth in applicable law.

(h) Each person subject to these rules shall interact with colleagues and clients or patients, as applicable, with honesty and integrity.

(i) No person subject to these rules shall misrepresent professional qualifications or credentials.

(j) Each person subject to these rules shall treat all individuals with whom the person interacts in a professional capacity with respect and civility.

(k) No person subject to these rules shall engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity.

(l) No person subject to these rules shall discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, or national origin, or any additional class protected by law.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 307.04) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 307.06 Inactive Status for Reserve Military Called to Active Duty {#sec-plc-307.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.06}

(a) As provided in RSA 310:8, V, the OPLC shall place the license of a licensee who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty on inactive status at the request of the licensee.

(b) To request inactive status under this section, the licensee shall submit a completed “Request for Inactive Status - Military Activation” form dated March 2024 to CustomerSupport@oplc.nh.gov that contains the following information:

(1) The licensee’s name as it appears on the license, license number, and profession;

(2) Whether the licensee is in the national guard or is in a reserve component of the U.S. armed forces, and if the latter, which component;

(3) The applicant’s social security number, as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

(4) The date the licensee is required to report for active duty;

(5) If known, the estimated duration of active duty.

(d) The OPLC shall confirm that the license has been placed on inactive status in writing by email sent to the licensee’s designated email address.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 307.07 Reactivation from Inactive Status {#sec-plc-307.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.07}

(a) As provided in RSA 310:8, V, the license may be reactivated within one year of the licensee’s release from active status by submitting a written request in accordance with (b), below, together with payment of the application-related fee for renewal and proof of completion of applicable continuing competence requirements if the license term of the license that was put on inactive status has expired.

(b) To request the reactivation of a license that was put on inactive status under Plc 307.06, the licensee shall submit a completed “Request for License Reactivation” form dated March 2024 to CustomerSupport@oplc.nh.gov that provides the following information:

(1) The licensee’s name as it appeared on the license, license number, and profession;

(2) The date the licensee was released from active status; and

(3) The licensee’s designated email address.

(c) If the expiration date of the license that was placed on inactive status has passed, the licensee shall submit proof of completing required continuing competence activities and the application-related fees for renewal with the reactivation request.

(d) The licensee shall sign and date the request prior to filing it with the OPLC.

(e) Upon receipt of a reactivation request, the licensing bureau shall review the request and determine whether application-related fees for renewal and proof of continuing competence are required, provided that:

(1) If a fee and proof of continuing competence are required but were not provided, the licensing bureau shall notify the licensee in writing sent to the designated email address that:

a. Identifies the information or fee, or both, that must be submitted before the license will be reactivated; and

b. Establishes a deadline for submitting the required item(s), which shall be no sooner that 20 days from the date of the notification; or

(2) If the inactive license has not expired, the licensing bureau shall reactivate the license and notify the licensee of the reactivation in writing sent to the designated email address.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

Part Plc 308 Renewals; Continuing Competence

N.H. Code Admin. R. Ann. Plc 308.01 Applicability; License Expiration {#sec-plc-308.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.01}

(a) This part shall apply to any licensee who has not filed a renewal application on or before the May 2024 effective date of this part.

(b) As provided in RSA 310:8, II, all issued licenses shall expire 2 years from the date the license was issued, provided that the filing of a timely and complete application for license renewal by an eligible applicant shall continue the validity of the license being renewed until final action has been taken on the renewal application.

(1) Applicants shall submit completed applications for renewal, the application-related fees for renewal, and any supporting documents required for that renewal on or before the expiration date of the license;

(2) A license shall expire if a completed renewal application, application-related fees for renewal, and supporting documents have not been filed on or before the expiration date of the license; and

(3) The holder of an expired license that has not yet lapsed shall not be authorized to practice unless and until the license has been reinstated in accordance with Plc 312.

(d) As required by RSA 310:2, I(e), a former licensee whose license has lapsed, who wishes to resume practice, shall apply for a new license.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 308.02 Eligibility for Renewal {#sec-plc-308.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.02}

A licensee shall be eligible to renew the license held if the licensee has:

(a) Met applicable continuing competence requirements;

(b) Met any other requirements for renewal eligibility established in applicable law; and

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 308.03 Notification of Pending License Expiration {#sec-plc-308.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.03}

(a) As required by RSA 310:8, IV, at least 2 months prior to the expiration of a license, the licensing bureau shall notify, via email sent to the licensee’s designated email address, each licensee whose license is expiring that the license is due to expire.

(b) The licensing bureau shall include the following in the email sent pursuant to (a), above:

(1) A clear statement that failure to submit a complete application on or before the expiration date shall result in the license expiring; and

(2) Complete information and instructions for the licensee to renew on-line or, if the renewal application is not yet available on-line, a renewal application.

(c) As provided in RSA 310:8, IV, failure to receive notice shall not relieve any licensee of the obligation to renew their license, comply with the rules of the OPLC, the rules of the applicable board, or RSA 310:8.

(d) If a licensee does not receive information and instructions or an application as provided in (b)(2), above, the licensee shall contact the OPLC at customersupport@oplc.nh.gov to obtain the needed information or an application.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 308.04 Continuing Competence; Documentation and Audits {#sec-plc-308.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.04}

(a) Each licensee shall comply with all continuing competence requirements specified in applicable law.

(b) Upon being notified by the OPLC that an on-line system administered by a third party organization is available to manage continuing competence compliance, each licensee shall use the on-line system to track and report the completion of continuing competence activities unless a profession-specific on-line system is specifically authorized by the executive director based on the system being:

(1) Available to all licensees in the profession at no charge to the licensee; and

(2) Accessible by the OPLC at no additional charge to the licensee or the OPLC.

(c) Each licensee shall retain documentation of participating in and successfully completing continuing competence activities as described in applicable law for the specific course or activity for the longer of the time specified in applicable law or the current license term and most recent renewal period, which may be retained in the on-line system when available.

(d) Unless otherwise required by statute, 10% of licensees renewing in a given year shall be audited to determine continuing education compliance for each board. Each licensee shall provide such information as is requested as part of an audit conducted pursuant to this section or other applicable law.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 308.05 Application for License Renewal {#sec-plc-308.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.05}

(a) If a licensee wishes to renew, the licensee shall submit the information, materials, and fee(s) identified in (b), below, using the portal available at https://www.oplc.nh.gov, not more than 60 days prior to the expiration of the license but on or before the expiration date, provided that if the portal is not available or if filing electronically is not practicable for the applicant, the application package shall be submitted by mailing to the address specified in Plc 103.03 so that the package is received by the OPLC on or before the expiration date of the license.

(b) The licensee shall submit the following information, materials, and fee(s):

(1) The information required by Plc 308.06 on the “Universal Application for License Renewal”, dated June 2025, that is signed and attested to as provided in Plc 308.08;

(2) Any profession-specific addendum or supplement to the universal application identified in profession-specific rules that is signed and attested to in accordance with:

a. The profession-specific rules; or

b. Plc 308.08, if not otherwise specified in profession-specific rules;

(3) Attestation or proof of having met applicable continuing competence requirements, as required by applicable law;

(4) The supporting documentation identified in Plc 308.07; and

(5) The application-related fees for renewal, provided that applicants applying for facilitated licensure as active military or a military spouse shall not pay the fee.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 308.06 Information Required for Renewal Applications {#sec-plc-308.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.06}

The applicant shall provide the following information on the form identified in Plc 308.05(b)(1):

(a) The applicant’s profession and the license number and expiration date of the license;

(b) For individuals, the following:

(1) The applicant’s full legal name, including any suffix such as “Jr.” or “III”, and any name(s) the applicant has ever used to obtain education, profession-related training, or government services including licensure of any kind;

(2) The applicant’s date of birth by month, day, and year;

(3) The applicant’s social security number or other U.S. taxpayer identification number, as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

(4) The applicant’s designated email address, home physical address, and home mailing address, if different;

(5) The applicant’s home or other personal telephone number;

(6) The name, location, and telephone number of the applicant’s office or other place of business;

(7) If the applicant routinely practices in more than one location, the name of each such location and, for each:

a. The business address and telephone number; and

b. Whether the applicant is an employee, a subtenant subletting space, an independent contractor, or the owner of the business;

(8) Whether the applicant is on active military duty or is a military spouse, and whether the applicant is applying for facilitated licensure;

(9) The following information, to be used solely for purpose of workforce data analysis, provided that “prefer not to answer” shall be an acceptable response to any or all question(s):

a. Highest level of education, whether or not related to the profession in which licensure is being sought;

b. Relative to the applicant’s employment status, whether the applicant is:

Actively working in a position that requires the license being applied for;
Actively working in a position in the same profession that does not require this license;
Actively working in a position in a different profession;
Not currently working; or
Retired;

c. Relative to the applicant’s employment plans for the next 2 years, whether the applicant intends to:

Increase hours in a field related to this license;
Decrease hours in a field related to this license;
Seek employment in a field unrelated to this license;
Retire;
Continue as is; or
Not sure or plans unknown;

d. Identification of the specialty, field, or area of practice in which the applicant spends the most professional time;

e. Whether the applicant uses telehealth to deliver services to patients;

f. The state in which the applicant’s primary practice is located, if applicable;

g. The 5-digit zip code of the applicant’s primary practice location, if applicable;

h. Relative to the applicant’s current employment arrangement at their principal practice location, whether the applicant is:

Self-employed or a consultant;
A salaried employee;
An hourly employee;
In temporary employment or Locum Tenens;

5.. Other arrangement; or

Not employed; and

i. In the applicant’s primary employment or practice, whether the applicant’s primary role is that of:

Administrator;
Clinical practitioner;
Faculty or other educator;
Researcher;
Other; or
Not applicable;

(10) For applicants in any health care profession:

a. Identification of the practice setting at the applicant’s primary practice location;

b. What population groups the applicant provides or expects to provide services to;

c. An estimate of the number of hours per week the applicant spends or expects to spend at their primary practice location; and

d. An estimate of the number of hours per week the applicant spends or expects to spend in direct patient care;

(11) For applicants in any health care profession, whether the applicant intends to practice in New Hampshire more than 50% of the time, whether in-person or by telehealth; and

(12) Any other profession-specific information required by applicable law, such as proof of certification by, or registration with, a regional or national credentialing organization, to the extent not otherwise covered by this section;

(1) The applicant’s full legal name as shown on the document(s) that created the entity and each name under which the applicant does business in New Hampshire;

(2) The type of entity the applicant is, such as a corporation, limited liability corporation, professional association, partnership, or other form;

(3) The entity’s date and jurisdiction of formation;

(4) The employer identification number or other federal tax ID number assigned to the applicant by the U.S. Internal Revenue Service;

(5) The applicant’s primary location address in New Hampshire and New Hampshire mailing address, if different;

(6) The applicant’s main telephone number;

(7) The applicant’s designated email address;

(8) The name, telephone number, and email address of the authorized signer and the name, telephone number, and email address of each contact individual, if other than the authorized signer;

(9) Such information as is required by applicable law on partners, officers, directors, and similar individuals having responsibility for or control over the applicant; and

(10) Any additional information required for entities by applicable law;

(d) Identification of all jurisdictions where the applicant is currently licensed and, for each, the license number, date of most recent licensure, and status of the license;

(e) A “yes” or “no” answer to the following questions regarding the applicant’s background and character, subject to the “safe harbor” provisions of Plc 504.03(c), provided that “not previously reported” shall not include anything that was not required to be submitted by Plc 304.03(e):

(1) Whether during the past 27 months or not previously reported, the applicant has been found guilty of or entered a plea of no contest to any felony or misdemeanor;

(2) Whether during the past 27 months or not previously reported, the applicant has been the subject of any disciplinary action by any professional licensing authority;

(3) Whether during the past 27 months or not previously reported, the applicant has been denied a license or other authorization to practice in any jurisdiction;

(4) Whether during the past 27 months or not previously reported, the applicant has surrendered a license or other authorization to practice issued by any jurisdiction in order to avoid or settle disciplinary charges;

(5) Whether the applicant is now or has any reason to believe that the applicant will soon be the subject of a disciplinary proceeding, settlement agreement, or consent decree undertaken or issued by a professional licensing board of any jurisdiction;

(6) Whether during the past 27 months or not previously reported, any malpractice claim has been made against the applicant;

(7) Whether during the past 27 months or not previously reported, the applicant has, for disciplinary reasons, been put on administrative leave, been fired for cause other than staff reductions from a position at the applicant’s place of employment, or had any privileges limited, suspended, or revoked in any professional setting; and

(8) Whether during the past 27 months or not previously reported, the applicant has committed any act(s) that would violate the laws or rules, or both, that govern the practice of the profession in which the applicant is licensed;

(f) Whether the applicant has a DEA registration number and, if so, what the number is;

(g) Whether the applicant stores, administers, or dispenses controlled drugs in a setting that is not regulated under RSA 318 relative to pharmacists and pharmacies, and if so the location of such storage;

(h) For applicants in any health care field, whether the applicant has an ownership interest in any diagnostic or therapeutic service(s) or company(ies), and if so the name and address of each company and the specific diagnostic or therapeutic services provided by the company, to comply with RSA 125:25-c; and

(i) Whether the applicant consents to the disclosure to third parties of:

(1) For individuals, any or all of the applicant’s contact information; or

(2) For entities, the entity’s designated email address.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 308.07 Additional Information and {#sec-plc-308.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.07}

Documentation Required for Renewal Applications. At the time that an applicant for renewal licensure submits a completed license renewal application form, the applicant shall submit, or arrange for the licensing bureau to receive, the following:

(a) A clear explanation, including all relevant facts, the date(s) of the action, and the sanction(s) imposed, of any “yes” answer to the background and character questions listed in Plc 308.06(e);

(b) If a credential from a regional or national organization is required for licensure, proof that the applicant holds the credential;

(d) For any applicant applying for facilitated licensure as a military spouse, proof of service status and marriage as specified in Plc 304.04(f);

(e) For any applicant that is an entity:

(1) A copy of the legal document that confers authority on the authorized signer to sign the application on the applicant’s behalf; and

(2) Confirmation from the New Hampshire secretary of state’s office that the entity applying for licensure is in good standing and authorized to do business in New Hampshire; and

(f) Any additional information or materials required by applicable law, except that no photograph shall be required to be submitted unless required by an applicable statute.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 308.08 Signature and Attestation Required for Renewal Applications {#sec-plc-308.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.08}

(a) The applicant for license renewal, or the duly-authorized individual for an applicant that is an entity, shall sign and date the application, provided that for applications that are submitted electronically, the act of submitting the application shall constitute the signature and the date of submittal shall be the date.

(b) The signature shall constitute the applicant’s attestation that:

(1) The applicant is not under investigation by any professional licensing board and the applicant’s credentials have not been suspended or revoked by any professional licensing board, or a written explanation of each such occurrence is being submitted with the application pursuant to Plc 308.07(a);

(2) If required by applicable law, the applicant has completed the survey or opt-out form provided by the office of rural health, department of health and human services;

(3) The information and documentation provided are true, complete, and not misleading to the best of the applicant’s knowledge and belief;

(4) The applicant understands that providing false or misleading information constitutes grounds for denial, suspension, or revocation of a license;

(5) The applicant understands that providing false material information constitutes a misdemeanor under RSA 641:3 relative to falsification in official matters; and

(6) The applicant understands that if the applicant fails to submit a complete application prior to the expiration of the applicant’s current license, the applicant’s license shall expire by operation of law, specifically RSA 310:8, III.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 308.09 Initial Review of Renewal Applications {#sec-plc-308.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.09}

(a) Within 30 days of receipt of an application submitted pursuant to Plc 308.05, the licensing bureau shall:

(1) Accept the application as being complete; or

(2) Determine that the application is incomplete and notify the applicant in writing sent to the applicant’s designated email address that the application is incomplete, specifying what the applicant needs to submit to complete the application.

(b) A notice of incompleteness sent pursuant to (a)(2), above, shall clearly inform the applicant that if the application is not completed on or before the date on which the license expires, then:

(1) The applicant’s NH license will expire and the applicant will not be able to work legally in New Hampshire unless and until the license is reinstated; and

(2) The application for reinstatement will require payment of the application-related fees for reinstatement, and the application-related fees paid with the renewal application shall not be refunded.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 308.10 Withdrawal or Abandonment of Renewal Application {#sec-plc-308.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.10}

(a) An applicant may withdraw the application for licensure renewal at any time prior to being notified of a decision under Plc 308.11.

(b) To withdraw an application, the applicant shall submit written notice to the licensing bureau via email to customersupport@oplc.nh.gov that:

(1) Clearly states the applicant’s intention to withdraw the application; and

(2) Clearly identifies the name in which the application was submitted, the profession for which the application was submitted, and the date the application was submitted.

(c) Upon receipt of a notice of withdrawal, the licensing bureau shall cease processing the application and mark the file to indicate the application was voluntarily withdrawn by the applicant.

(d) A renewal application shall be deemed to be abandoned if the applicant files an incomplete application and does not provide all information necessary to complete the application when directed to do so pursuant to Plc 308.09.

(e) If the application is withdrawn or abandoned, then:

(1) The licensee shall no longer be authorized to practice after the expiration date;

(2) If the person wishes to practice in New Hampshire, licensure shall be sought as provided in Plc 312; and

(3) The application-related fees paid with the renewal application shall not be refunded.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 308.11 Review of Complete Renewal Applications; Decisions {#sec-plc-308.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.11}

(1) If an inspection is required prior to renewing licensure, the licensing bureau shall refer the application to the inspection assignment coordinator for an inspection to be conducted; and

(2) If the licensing bureau determines that the technical or professional expertise of the applicable board would be of assistance in determining whether the applicant meets the criteria for license renewal, the licensing bureau shall refer the application to the applicable board for review and a recommendation in accordance with the process established in Plc 304.08(c).

(b) Subject to (c) through (e), below, the licensing bureau shall make a decision on a complete application for renewal licensure within 60 days of determining that an application is complete.

(c) If an inspection is required by applicable law before a license can be renewed, the inspector shall conduct the inspection as provided in Plc 405.

(d) If the applicant has demonstrated that all eligibility criteria specified in applicable law for a renewal license have been met and that none of the grounds for refusing to renew a license specified in Plc 311.04 apply, the licensing bureau shall approve the application and renew the license with notification to the applicant at the applicant’s designated email address.

(e) If the applicant has not demonstrated that all eligibility criteria specified in applicable law have been met for license renewal or if any of the grounds for refusing to renew a license specified in Plc 311.04 apply, the licensing bureau shall:

(1) Issue a denial of the application; and

(2) Inform the applicant of the reason(s) for the denial and that the denial shall become final if the applicant does not file a request for a hearing in accordance with Plc 308.12 within 30 calendar days of receiving the denial, provided that if the last day of the period is not a working day, the deadline shall extend to 4:00 p.m. of the first working day following.

(f) For purposes of determining the date the denial was received, a denial sent to the applicant’s designated email address shall be presumed to be received not later than one calendar day after the date the licensing bureau sent the denial.

(g) If the applicant does not file a request for a hearing within the time period specified in the notice issued pursuant to (e), above, the denial shall become final.

(h) If the application is denied, then:

(1) The licensee shall no longer be authorized to practice as of the date the denial becomes final;

(2) If the person wishes to practice in New Hampshire, a complete application for reinstatement shall be filed, including new application-related fees; and

(3) The application-related fees paid with the renewal application shall not be refunded.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-(Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 308.12 Challenging a Denial of Renewal Licensure; Challenging License Conditions {#sec-plc-308.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.12}

(a) An applicant who wishes to challenge the denial of an application for renewal licensure made pursuant to Plc 308.11 or who wishes to challenge any condition(s) included in the license shall submit a “Petition for Hearing After Initial Denial of Licensure or Issuance of License with Conditions”, dated June 2025, that is signed and attested to as provided in (b) and (c), below, to the OPLC hearings clerk at hearingsclerk@oplc.nh.gov.

(1) The signer has read the petition for hearing;

(2) The signer is authorized to file the petition for hearing;

(3) To the best of the signer’s knowledge, information, and belief, there are good grounds to support the petition for hearing; and

(4) The petition for hearing has not been filed solely or primarily for purposes of delay or harassment in any pending or anticipated administrative, civil, or criminal proceeding.

(d) As required by RSA 310:14, I-a, the petition for hearing shall be filed within 30 calendar days of receipt of the denial of licensure, provided that if a petition for hearing is filed more than 31 days after the date of the denial of licensure, the petitioner shall have the burden of proving that the denial was not received within one day of being sent by the licensing bureau.

(e) Upon receipt of a petition for hearing, the hearings clerk shall:

(1) Notify the licensing bureau with information sufficient for the licensing bureau to identify the underlying application; and

(2) Docket the matter for a hearing before the applicable board.

(f) Upon receipt of a notice from the hearings clerk, the licensing bureau shall forward the application file to the hearings clerk.

(g) An applicant who requests a hearing who is on active military duty may request that the hearing be deferred until the applicant is no longer on active duty.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 308.13 Renewal Licenses {#sec-plc-308.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.13}

(a) Each renewal license issued under this chapter shall specify:

(1) The name of the licensee;

(2) The profession in which the licensee is authorized to practice;

(3) The effective date of the license;

(4) The license number; and

(5) Any conditions imposed pursuant to Plc 311.06.

(b) A renewal license shall be effective for 2 years from the date of issuance unless:

(1) A complete renewal application is filed on or before the expiration date; or

(2) The license is sooner suspended or revoked pursuant to Plc 311 or other applicable law.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 308.14 Wall Certificates {#sec-plc-308.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.14}

Any licensee who wishes to have a wall certificate to display in the licensee’s place of business shall submit a written request for the wall certificate to the licensing bureau in accordance with Plc 304.14.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23

N.H. Code Admin. R. Ann. Plc 308.15 Refund of Fees When License Relinquished {#sec-plc-308.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 308.15}

(a) As provided in RSA 310:5, I, a licensee possessing a license in good standing may, if to the best of the licensee’s knowledge the licensee is not the subject of an ongoing investigation or disciplinary action, surrender, or relinquish, their license and receive a pro-rated refund as provided in this section.

(b) To request a pro-rated refund, the licensee shall submit a “Relinquishment of License and Request for Fee Refund” form dated June 2025 to the licensing bureau that:

(1) Contains the information required by (c), below; and

(2) Is signed and attested to in accordance with (d) and (e), below.

(c) The licensee requesting the refund, hereinafter “requestor”, shall provide the following information on the form required by (b), above:

(1) The requestor’s name as shown on the license, the profession, and the license number;

(2) The date the current license was issued;

(3) If the requestor’s designated email address in the OPLC’s records is no longer valid, an updated email address;

(4) If the requestor is an entity, the name, title, and daytime telephone number of the individual who is authorized by the entity to communicate with the OPLC regarding the request; and

(5) An explanation of each reason why the requestor wishes to relinquish the license, including but not limited to:

a. The requestor is retiring, and the profession does not have a “retired” status or has one that the licensee does not wish to use;

b. The requestor is leaving the profession and has no reasonable expectation of wanting to practice in the profession in the future;

c. The requestor has moved to another jurisdiction and no longer wishes to maintain licensure in New Hampshire;

d. The requestor is planning to leave the profession for more than 2 years and does not wish to maintain the license while not practicing; or

e. The requestor is closing its business and will not be transferring its license to any other person.

(d) The requestor or the requestor’s duly-authorized representative shall sign and date the request, provided that for requests that are submitted electronically, the act of submitting the application shall constitute the signature and the date of submittal shall be the date.

(e) The signature shall constitute the requestor’s attestation that:

(1) To the best of the requestor’s knowledge and belief, the requestor is not under investigation by any professional licensing board and the requestor’s credentials have not been suspended or revoked by any professional licensing board;

(2) The requestor fully understands that relinquishing the license means the requestor will no longer be authorized to practice in New Hampshire in the profession for which the license was issued;

(3) The information provided is true, complete, and not misleading to the best of the requestor’s knowledge and belief;

(4) The requestor understands that providing false or misleading information constitutes grounds to deny the requested refund and to suspend or revoke the requestor’s license; and

(5) The requestor understands that knowingly providing false material information constitutes a misdemeanor under RSA 641:3 relative to falsification in official matters.

(f) Upon receipt of a request for fee refund, the licensing bureau shall:

(1) Contact the enforcement division to determine whether the requestor is the subject of an ongoing investigation or disciplinary action; and

(2) If the requestor is not the subject of an ongoing investigation or disciplinary action, then:

a. Determine how much of the license term remains; and

b. Forward the information gathered to the OPLC finance office.

(g) If the requestor is the subject of an ongoing investigation or disciplinary action, the licensing bureau shall deny the request for refund in writing sent to the requestor’s designated email address that explains the reason(s) for the denial.

(h) The finance office shall calculate the amount of the refund by:

(1) Determining what percentage of the license period is remaining;

(2) Determining what fee the licensee paid for the current license;

(3) Calculating the amount of the refund by:

a. Subtracting $25 to cover costs of processing the request; and

b. Multiplying the result by the percentage of the licensing period remaining; and

(4) Applying (j) and (k), below, if applicable.

(i) After a determination is made in accordance with (h), above, the director of operations shall approve the request and direct the finance office to issue the refund.

(j) No refund request shall be accepted within the first 90 days of a license period, provided that a licensee may request a waiver of the time limit in accordance with Plc 211 if the request arises from circumstances beyond the licensee’s control that could not be reasonably anticipated when the license was initially issued or renewed.

(k) No refund shall exceed 90% of the applicable application fee.

History

#14183, INTERIM, eff 2-1-25, EXPIRES: 7-31-25; ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

Part Plc 309 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 309.01 Purpose and Applicability {#sec-plc-309.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 309.01}

(a) The purpose of this part is to identify the professional and ethical conduct standards that apply to all licensees, in order to engender public confidence in licensing of professionals by the state of New Hampshire.

(b) This part shall apply to any person who receives an initial, temporary, provisional, renewal, or reinstated license or an apprentice registration.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 310.01) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 309.02 Profession-Specific Ethical and Professional Standards {#sec-plc-309.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 309.02}

Each licensee shall adhere to the code of ethics required by rules of the applicable board or other applicable law, including any codes adopted by a regional or national certifying organization if incorporated by reference in rules of the applicable board.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 310.02) (see Revision Note #2 at chapter heading for Plc 300)

Part Plc 310 Complaints; Investigations; Disposition Without Adjudication

N.H. Code Admin. R. Ann. Plc 310.01 Applicability {#sec-plc-310.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 310.01}

This part shall apply to any person who received or receives a license to practice a regulated profession, whether a temporary, initial, provisional, or renewal license.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.01) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 310.02 Rules of Practice and Procedure {#sec-plc-310.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 310.02}

The rules in Plc 200 shall govern:

(a) Waivers of rules;

(b) Voluntary surrender of licenses; and

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.02) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 310.03 Complaints {#sec-plc-310.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 310.03}

Complaints shall be filed as required in Plc 204.02 and Plc 204.03.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 310.04 Investigations {#sec-plc-310.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 310.04}

Investigations initiated to determine whether a licensee has committed misconduct shall be conducted as provided in Plc 204.05 through Plc 204.07 and applicable law.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.03) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 310.05 Commencement and Conduct of Disciplinary Proceedings {#sec-plc-310.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 310.05}

If the executive director determines that, based on the results of an investigation, there is a reasonable basis to proceed with a disciplinary proceeding, the licensee who was investigated shall be notified and an adjudicative proceeding shall be conducted as provided in RSA 541-A, Plc 200, and applicable law.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.04) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 310.06 Settlement Procedures; Non-Disciplinary Remedial Actions {#sec-plc-310.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 310.06}

The provisions of Plc 205 shall apply to:

(a) Any disciplinary matter that does not proceed to an adjudicative hearing or that is otherwise settled by agreement between the parties; and

(b) Any proceeding to impose non-disciplinary remedial measures.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

Part Plc 311 Disciplinary Proceedings; License Conditions

N.H. Code Admin. R. Ann. Plc 311.01 Purpose {#sec-plc-311.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.01}

This purpose of this part is to establish standard procedures for conducting disciplinary or non-disciplinary remedial proceedings and imposing license conditions.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.02 Definitions {#sec-plc-311.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.02}

For purposes of this part, the following definitions shall apply:

(a) “Applicant” means a person who has applied for a license to practice in New Hampshire, whether a temporary, initial, or renewal license, prior to a final decision being made on the application;

(b) “Chronic non-complier” means a person who:

(1) Has committed, within 3 years of the date of application or of the violation(s) for which a disciplinary proceeding has been initiated, as applicable:

a. More than 2 violations that remain uncorrected after a regulatory authority has notified the respondent, in writing, of the violations and the need to correct them, which demonstrates that the respondent is unable or unwilling to comply with applicable requirements; or

b. More than 3 violations that are corrected by the respondent after a regulatory authority has notified the respondent, in writing, of the violations and the need to correct them, but recur with a frequency that demonstrates that the respondent is unable or unwilling to maintain compliance with applicable requirements; or

(2) Has been the subject, within 3 years of the date of the application or of the violation(s) for which a disciplinary proceeding or show cause hearing on an application has been initiated, as applicable, of 2 or more administrative or civil enforcement actions or one criminal enforcement action that have not been overturned on appeal for violations of any applicable law pertaining to any of the respondent’s activities;

(1) “Board” as defined in Plc 102; and

(2) Any comparable authority in any other jurisdiction in which a licensee is authorized to practice; and

(d) “Respondent” means the person against whom a disciplinary or non-disciplinary remedial proceeding is initiated.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13955, eff 5-3-24 (formerly Plc 213.01) (see Revision Note #2 at chapter heading for Plc 300

N.H. Code Admin. R. Ann. Plc 311.03 Additional Grounds for Denying an Initial License Application {#sec-plc-311.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.03}

In addition to such grounds for denying an initial license application as are identified in applicable law, such as not meeting the specified requirements for the profession, the following shall constitute good cause to deny a license application:

(a) The applicant owes any fees to a regulatory authority, unless the fees are being paid in accordance with a payment schedule and the applicant is current with all payments;

(b) The applicant owes any administrative fines to a regulatory authority, unless the fines are being paid in accordance with a payment schedule and the applicant is current with all payments;

(c) The applicant has failed to comply with any order issued by a regulatory authority, unless the applicant is complying in accordance with a compliance schedule and is current with all items;

(d) The applicant owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any statute or rule implemented by a regulatory authority, unless the penalties are being paid in accordance with a payment schedule and the applicant is current with all payments;

(e) The applicant has failed to comply with any civil or criminal restoration or restitution order imposed as a result of a judicial action taken to enforce any statute or rule implemented by a regulatory authority, unless the applicant is complying in accordance with a compliance schedule and is current with all items; or

(f) The applicant is a chronic non-complier.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22 ; ss by #13955, eff 5-3-24 (formerly Plc 213.02) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.04 Additional Grounds for Suspension, Revocation, or Refusal to Renew {#sec-plc-311.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.04}

In addition to such grounds for suspending, revoking, or refusing to renew a license as are identified in applicable law, such as not meeting the specified requirements for the profession, the following shall constitute good cause to suspend, revoke, or refuse to renew a license:

(a) The licensee owes any fees to a regulatory authority, unless the fees are being paid in accordance with a payment schedule and the license holder is current with all payments;

(b) The licensee owes any administrative fines to a regulatory authority, unless the fines are being paid in accordance with a payment schedule and the license holder is current with all payments;

(c) The licensee has failed to comply with any order issued by a regulatory authority, unless the license holder is complying in accordance with a compliance schedule and is current with all items;

(d) The licensee owes any civil or criminal penalties imposed as a result of a judicial action taken to enforce any statute or rule implemented by a regulatory authority, unless the penalties are being paid in accordance with a payment schedule and the license holder is current with all payments;

(e) The licensee has failed to comply with any civil or criminal restoration or restitution order imposed as a result of a judicial action taken to enforce any statute or rule implemented by a regulatory authority, unless the license holder is complying in accordance with a compliance schedule and is current with all items; or

(f) The licensee is a chronic non-complier.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22 ; ss by #13955, eff 5-3-24 (formerly Plc 213.03) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.05 Determination to Deny a License Application Based on Alleged Misconduct or to Suspend, Revoke, or Refuse to Renew a License Based on Alleged Misconduct {#sec-plc-311.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.05}

(a) The determination of whether to deny a license application based on alleged misconduct or to suspend, revoke, or refuse to renew a license based on alleged misconduct shall be made in accordance with the procedural rules in Plc 200 and this chapter.

(b) If the respondent has not already had the opportunity to contest, through an adjudicative proceeding, the prior violation(s) on which the OPLC proposes to base a decision to deny a license application or on which a board proposes to suspend, revoke, or refuse to renew a license, the respondent shall have the opportunity to contest or otherwise explain such prior violation(s) through an adjudicative proceeding prior to a final decision being made.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13955, eff 5-3-24 (formerly Plc 213.05) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.06 License Conditions {#sec-plc-311.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.06}

(a) The executive director, in consultation with the applicable board, shall include conditions in a license whenever such conditions are necessary to:

(1) Provide greater assurance that the licensee will comply with applicable law; or

(2) Minimize the potential for harm to public health, safety, or welfare from any violations of applicable requirements.

(b) Any conditions so added shall relate directly to the activity for which the license is issued and shall be no more than reasonably necessary to achieve the criteria in (a), above.

(c) The determination of whether such conditions are reasonably necessary shall be made by the executive director in consultation with the applicable board based on:

(1) The nature and scope of the license being issued; and

(2) The compliance history of the applicant, including whether the applicant is a chronic non-complier.

(d) The licensee may appeal any conditions included in a license pursuant to this section in accordance with existing appeal routes established under applicable law.

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13955, eff 5-3-24 (formerly Plc 213.06) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.07 Misconduct {#sec-plc-311.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.07}

Misconduct shall be:

(a) Any conduct identified in RSA 310:12, I, reprinted in Appendix B, or the applicable board’s practice act, or both, as professional misconduct;

(b) Knowingly, recklessly, or negligently providing inaccurate material information to the OPLC or applicable board or failing to provide complete and truthful material information upon inquiry by an authorized representative of the OPLC or applicable board, including during the process of applying for an initial license, a license renewal, or the reinstatement of a license;

(1) Any applicable ethical or professional standard specified in Plc 309;

(2) Any provision of the applicable board’s practice act; or

(3) Any provision of the rules that apply to the regulated profession, whether in title Plc or a profession-specific title;

(d) Engaging in the practice of a regulated profession despite actual or potential inability to render care with reasonable skill and safety by reason of any impairment, including but not limited to physical or mental illness or use of alcohol, drugs, or any other substance that adversely affects human health or critical thinking skills;

(e) Being subject to final disciplinary action that results in revocation of a license or any credential required for licensure by:

(1) A regulatory authority in another domestic or foreign jurisdiction; or

(2) The applicable credentialing organization; and

(f) Practicing a regulated profession without a current license.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 311.08 Sanctions {#sec-plc-311.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.08}

(a) Subject to (b), below, if the applicable board determines, after conducting an adjudicative proceeding or upon agreement of the respondent, that the criteria established in applicable law for imposing sanctions have been met, the applicable board shall impose such sanctions as are allowed under applicable law, including but not limited to RSA 310:12 and the applicable board’s practice act.

(b) No license shall be revoked unless the misconduct necessary for revocation is:

(1) Established at an adjudicative hearing by clear and convincing evidence; or

(2) Admitted by the respondent on the record or in a consent order.

History

(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.05) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.09 Procedures for Imposing Sanctions; Notice to Other Jurisdictions and Organizations {#sec-plc-311.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.09}

(a) Other than immediate license suspension authorized by RSA 541-A:30, III, or other applicable law, an applicable board shall impose disciplinary sanctions only:

(1) After prior notice to the respondent in accordance with Plc 206 and the opportunity for the respondent to be heard; or

(2) By agreement between the applicable board and the respondent that is reflected in a consent order.

(b) The OPLC shall send copies of orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees to the licensing body of each jurisdiction in which the respondent is licensed, to the respondent’s credentialing organization, and to such other entities, organizations, associations, or boards as are required to be notified under applicable law.

History

(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.06) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.10 Method for Determining Sanctions {#sec-plc-311.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.10}

(a) To determine which sanction or combination of sanctions to impose, the applicable board shall:

(1) Determine the nature of the act(s) or omission(s) constituting the misconduct committed by the licensee;

(2) Determine whether any aggravating or mitigating circumstances are present, as provided in (b) and (c), below; and

(3) Apply the standards in Plc 311.11.

(b) The following shall be considered aggravating circumstances:

(1) The rule or statute violated was clear as to what was required or prohibited;

(2) The respondent has a record of disciplinary sanctions being imposed;

(3) The respondent committed the misconduct intentionally or recklessly;

(4) The respondent did not cooperate during the investigation and adjudicative proceeding; and

(5) The misconduct caused actual harm or posed a material threat of harm to patients, clients, colleagues, or the public.

(1) The respondent does not have a record of prior discipline;

(2) The respondent committed the misconduct negligently or inadvertently;

(3) The respondent cooperated fully during the investigation and adjudicative proceeding;

(4) The respondent acknowledged that the identified actions constituted violations; and

(5) The rule or statute violated was arguably unclear.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.11 Standards for the Selection of Sanctions {#sec-plc-311.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.11}

The applicable board shall select one or more appropriate sanctions from the available sanctions by choosing the sanction(s) most likely to:

(a) Protect public health and safety;

(b) Prevent future misconduct by the respondent;

(c) Take into account any acknowledgement of fault by the respondent and any cooperation by the respondent with the investigation of misconduct;

(d) Correct any attitudinal, educational, or other deficiencies that contributed to the misconduct;

(e) Encourage the responsible practice of the regulated profession; and

(f) Demonstrate to the respondent, other licensees in the regulated profession, and the public, the applicable board’s intent to ensure that licensees in a regulated profession practice in accordance with applicable law to support and protect public safety and welfare.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.12 Administrative Fines {#sec-plc-311.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.12}

(a) Boards are authorized by RSA 310:12, I(e) to assess administrative fines in amounts established by the board in its rules, that shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater.

(b) If a board determines, based on Plc 311.11, that an administrative fine is warranted for misconduct for which a fine is not specifically identified in the board’s rules, the amount of the fine to be sought shall be:

(1) Not more than the maximum identified in (a), above; and

(2) Scaled to reflect the scope and severity of the violation based on:

a. How much the misconduct deviated from the requirement;

b. Whether the misconduct was committed negligently, recklessly, or intentionally; and

c. The extent of harm or potential for harm that occurred.

(c) To initiate an administrative fine proceeding independent of other disciplinary action, the board shall issue a written notice to any person proposed to be subjected to an administrative fine that notifies the person:

(1) Of the violation(s) or misconduct for which the administrative fine is proposed;

(2) Of the amount of the proposed administrative fine;

(3) That the person may request a hearing prior to the imposition of the fine; and

(4) Of the deadline for requesting a hearing, which shall be no sooner than 20 days from the date of the notice.

(d) If the recipient of the notice requests a hearing, the hearing shall be conducted in accordance with the provisions in Plc 200 and RSA 541-A that govern adjudicative proceedings.

(e) The person may choose to waive the right to a hearing and pay the proposed fine, in which case the fine shall be paid to and received by the OPLC within 30 days of receipt of the notice.

History

#13955, eff 5-3-24 (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.13 Conditions of License Suspension or Revocation {#sec-plc-311.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.13}

(a) If a license is suspended, the licensee shall prepare and submit a plan of correction to address each violation that provided a basis for the disciplinary proceeding.

(b) The applicable board shall review the submitted plan of correction and:

(1) Approve the plan, if it:

a. Addresses each violation that provided a basis for the disciplinary proceeding; and

b. Identifies one or more specific actions that the license shall take and specifies a deadline for taking each action that is reasonable based on the nature of the action to be taken; or

(2) Return the plan to the licensee for revision and resubmission if the plan does not meet the requirements for approval specified in (1), above.

(d) If a license is revoked, any subsequent application for licensure shall include a plan of correction that addresses each violation that provided a basis for the disciplinary proceeding and meets the criteria for approval specified in (b)(1), above.

(e) An individual whose license has been revoked and who wishes to have the New Hampshire license reinstated shall apply for initial licensure in accordance with Plc 312.05.

(f) A license shall not be granted to an individual who previously held a license but whose license was revoked unless and until the individual has complied with the requirements on which the revocation was based and has paid the costs associated with the revocation, if imposed pursuant to RSA 310:12, V or other applicable law.

History

(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.07) (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 311.14 Reciprocal Discipline {#sec-plc-311.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.14}

(a) When the applicable board receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the regulatory authority in another jurisdiction, the applicable board shall issue an order in accordance with Plc 206.06 or Plc 206.07, as applicable.

(b) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction, the licensee shall be subject to any disciplinary sanction authorized by applicable law.

History

(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.08) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.15 Burden of Persuasion in Reciprocal Discipline Cases {#sec-plc-311.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.15}

The burden of persuasion in cases initiated to determine whether to impose discipline based on discipline imposed against a licensee in another jurisdiction in which the licensee is licensed shall be as stated in Plc 206.24(h).

History

(See Revision Note #1 at chapter heading for Plc 200) #13427, eff 8-4-22; ss by #13955, eff 5-3-24 (formerly Plc 213.04) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 311.16 Rehearings and Appeals {#sec-plc-311.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 311.16}

(a) As provided in RSA 310:14, I and II, any person who has been refused a license by the applicable board or who has been disciplined by the applicable board shall have the right to request or petition for rehearing within 30 days after the original final decision.

(b) A petition for rehearing shall be filed and considered as provided in Plc 206.31 and Plc 206.32 relative to petitions for rehearing.

(c) As provided in RSA 310:14, III, “Appeals from a decision on rehearing shall be by appeal to the supreme court pursuant to RSA 541, except as specified in RSA 674:34 or other applicable statutes.”

(d) As also provided in RSA 310:4, III, no sanction shall be stayed by the applicable board during an appeal.

History

(See Revision Note at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 311.09) (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

Part Plc 312 Obtaining a License After Expiration, Suspension, or Revocation

N.H. Code Admin. R. Ann. Plc 312.01 Practice Prohibited After License Expiration, Suspension, or Revocation {#sec-plc-312.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 312.01}

(a) An individual licensee who fails to timely file a complete application to renew a license shall not practice in New Hampshire unless and until a license is obtained in accordance with this part and any other provisions of applicable law.

(b) Any entity for which a complete application to renew is not timely filed shall not operate as a licensed entity in New Hampshire unless and until a license has been obtained in accordance with this part and any other provisions of applicable law.

(c) Any person whose license has been suspended shall not practice in New Hampshire unless and until a license is restored or reinstated as specified in Plc 312.04.

(d) Any person whose license is revoked shall not practice in New Hampshire unless and until a license is reinstated by applying for initial licensure as specified in Plc 312.05.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.01) (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 312.02 Reinstatement of Expired License Not More Than One Year After Expiration {#sec-plc-312.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 312.02}

To request reinstatement of an expired license not more than one year after the license expired, the former licensee shall complete the process for renewing a license specified in Plc 308, including demonstrating that the applicant has:

(a) Met all continuing competence requirements; and

(b) Retained or re-obtained the certification(s) or other credential(s) required for licensure, if any.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.02) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 312.03 Process if License Has Been Expired More than One Year {#sec-plc-312.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 312.03}

An individual whose license has been expired more than one year who wishes to obtain a license shall:

(a) Apply for initial licensure as provided in Plc 304; and

(b) Comply with any additional requirements specified for reobtaining a lapsed license in applicable law, such as demonstrating that the individual has the knowledge and skills necessary to practice competently, except that no late fee or penalty shall be paid in addition to the application-related fees for initial licensure.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.03) (see Revision Note #2 at chapter heading for Plc 300)

N.H. Code Admin. R. Ann. Plc 312.04 Restoration of Suspended Licenses {#sec-plc-312.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 312.04}

(a) Any license that has been suspended shall be subject to:

(1) Restoration within 30 days of the end of the specified suspension term if the license has not expired; or

(2) Reinstatement within one year of expiration of the suspended license, if later.

(b) An individual whose license was suspended who wishes to have the license restored shall:

(1) If the request is made within 30 days of the termination of the suspension period and before the expiration date of the suspended license, submit a written request to the licensing bureau that demonstrates compliance with all conditions of the suspension order and plan of correction, including completing any additional continuing competence activities and paying any monetary penalties imposed, but not paying any additional application or restoration fee; or

(2) If the request is made within 30 days of the termination of the suspension period and after the expiration date of the suspended license but within one year of the expiration date:

a. Submit an application for reinstatement of licensure in accordance with Plc 312.02, including paying the application-related fees and demonstrating all requirements for reinstatement have been met;

b. Pay all monetary penalties imposed, if any;

c. Pay the costs associated with the suspension, if imposed pursuant to RSA 310:12, V or other applicable law; and

d. Demonstrate that all conditions imposed in the suspension order have been met.

(1) Fully restored or reinstated, without conditions or limitations; or

(2) Conditionally restored, with conditions or limitations specified pursuant to Plc 311.06, provided that no conditions or limitations shall be imposed without prior notice to the licensee and an opportunity for the licensee to be heard on the proposed conditions or limitations.

(d) Any person whose license was suspended who does not apply for restoration or reinstatement within the time period specified in (a), above, who wishes to be licensed in New Hampshire shall apply for initial licensure in accordance with Plc 304.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.04) (see Revision Note #2 at chapter heading for Plc 300); ss by #14134, INTERIM, eff 12-1-24, EXPIRES: 5-30-25 (Remains in effect per RSA 541-A:14-a); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 312.05 Application After Revocation of License {#sec-plc-312.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 312.05}

(a) Any person whose license was revoked who wishes to practice in New Hampshire shall:

(1) Submit an application for initial licensure in accordance with Plc 304, including demonstrating that the applicant:

a. Holds any certification(s) or other credential(s) required for licensure; and

b. Has met the continuing competence requirements specified in Plc 308.03 for the 2-year period prior to applying;

(2) If required by applicable law, obtain a criminal records check using the process established by the NHDOS for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and directing that the results be sent to the OPLC; and

(3) Demonstrate that:

a. All conditions imposed in the revocation order have been met;

b. All monetary penalties imposed have been paid; and

c. Any waiting period established by applicable law has been met.

(b) If the licensing bureau makes a preliminary determination based on the information submitted by the applicant that the applicant does not qualify for a license or does not qualify for an unrestricted license, the licensing bureau shall refer the matter to the applicable board, which shall initiate a licensing proceeding pursuant to RSA 310:11 and Plc 200 to determine whether to deny the application or to reinstate the license with conditions.

(c) No license shall be granted to an individual who previously held a license whose license was revoked unless and until the individual has:

(1) Satisfied the terms of the revocation order;

(2) Paid all outstanding administrative and civil penalties imposed, if any, whether or not related to the revocation; and

(3) Paid any costs associated with the revocation that were imposed pursuant to RSA 310:12, V or other applicable law.

History

(See Revision Note #1 at chapter heading for Plc 300) #13606, eff 5-1-23; ss by #13955, eff 5-3-24 (formerly Plc 309.05) (see Revision Note #2 at chapter heading for Plc 300); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

Part Plc 313 Licensure by Endorsement

N.H. Code Admin. R. Ann. Plc 313.01 Purpose; Basic Qualification {#sec-plc-313.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.01}

(a) The purpose of the rules in Plc 313 is to implement Laws of 2023, ch. 111, effective August 27, 2023, now codified as RSA 310:17, relative to issuing licenses to applicants who are not currently licensed in New Hampshire but are licensed in another jurisdiction that has substantially similar requirements as defined in Plc 302.09.

(b) To qualify for licensure under this part, an individual shall hold a license that:

(1) Is from a jurisdiction having substantially similar requirements;

(2) Is not temporary;

(3) Is not encumbered by any conditions, limitations, or restrictions; and

(4) Is active and not currently suspended, revoked, or surrendered.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 313.02 Applicability {#sec-plc-313.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.02}

(a) Subject to (c), below, this part shall apply to the professions and licenses regulated under the statutes and by the executive director and boards listed in Table 313-1, below:

Table 313-1: Professions and Licenses for which Licensure by Endorsement is Available

Profession/License

Statute

Board

Certified Public Accountant

RSA 309-B

Board of accountancy

Acupuncturist

Acupuncture Detoxification Specialist

RSA 328-G

Board of acupuncture licensing

Master Licensed Alcohol and Drug Counselor

Certified Recovery Support Worker

Licensed Alcohol and Drug Counselor

RSA 330-C

Board of licensing for alcohol and other drug use professionals

Architect

RSA 310-A:28-52

Board of architects

Athletic Trainer

RSA 328-F

RSA 326-G

Governing board of athletic trainers

Barber

Cosmetologist

Esthetician

Manicurist

Master Barber

School Instructor

RSA 313-A

Board of barbering, cosmetology, and esthetics

Body Art Practitioner

RSA 314-A

Advisory board of body art practitioners

Chiropractor

RSA 316-A

Board of chiropractic examiners

Court reporter

RSA 310-A:161-181

Advisory board of court reporters

Dentist

Dental Hygienist

RSA 317-A

Board of dental examiners

Licensed Dietitian

RSA 326-H

Board of licensed dietitians

Journeyman Electrician

Master Electrician

RSA 319-C

Electricians’ board

Electrologist

RSA 314

Electrology advisory committee

Forester

RSA 310-A:98-117

Board of licensing for foresters

Funeral Director and Embalmer

Embalmer

RSA 325

Board of registration of funeral directors and embalmers

Genetic Counselor

RSA 328-F

RSA 326-K

Governing board of genetic counselors

Home Inspector

RSA 310-A:182-201

Board of home inspectors

Manufactured Housing Installer

RSA 205-D

Installation standards board

Licensed Land surveyor

RSA 310-A:53-74

Board of licensure for land surveyors

Landscape Architect

RSA 310-A:140-160

Board of landscape architects

Massage Therapist

RSA 328-B

Advisory board of massage therapists

Journeyman Plumber

Master Plumber

Domestic Appliance Technician

Fuel Gas Installation Technician

Fuel Gas Piping Installer

Fuel Gas Service Technician

Hearth System Installation and Service Technician

RSA 153:27-38

Mechanical licensing board

Cardiac Electrophysiology Specialist

Cardiovascular Invasive Specialist

Computed Tomographer

Limited X-Ray Machine Operator

Magnetic Resonance Technologist

Nuclear Medicine Technologist

Radiation Therapist

Radiographer

Radiologist Assistant

Sonographer

RSA 328-J

Advisory board of medical imaging and radiation therapy

Physician Assistant

Physician

RSA 328-D

RSA 329

Board of medicine

Clinical Mental Health Counselor

Clinical Social Worker

Marriage and Family Therapist

RSA 330-A

Board of mental health practice

Midwife

RSA 326-D

Midwifery council

Soil Scientist

Wetland Scientist

RSA 310-A:75-96

Board of natural scientists

Doctor of Naturopathic Medicine

RSA 328-E

Naturopathic board of examiners

Licensed Nursing Assistant

Licensed Practical Nurse

Certificate of Medication Administration for a Licensed Nursing Assistant

Registered Nurse

Advanced Practice Registered Nurse

RSA 326-B

Board of nursing

Nursing Home Administrator

RSA 151-A

Board of examiners of nursing home administrators

Occupational Therapist

Occupational Therapy Assistant

RSA 328-F

RSA 326-C

Governing board of occupational therapists

Ophthalmic Dispenser

RSA 327-A

OPLC executive director

Optometrist

RSA 327

Board of registration in optometry

Pharmacist

Certified Pharmacy Technician

RSA 318

Pharmacy board

Physical therapist

Physical therapist assistant

RSA 328-F

RSA 328-A

Governing board of physical therapists

Podiatrist

RSA 315

Board of podiatry

Professional engineer

RSA 310-A:2-27

Board of professional engineers

Professional geologist

RSA 310-A:118-139

Board of professional geologists

Psychologist

RSA 329-B

Board of psychologists

Recreational therapist

RSA 326-J

Advisory board of recreational therapists

Reflexologist

Structural integrator

Asian bodywork therapist

RSA 328-H

Advisory board of reflexologists, structural integrators, and Asian bodywork therapists

Respiratory care practitioner

RSA 331-A

Advisory board of respiratory care practitioners

Septic system evaluator

RSA 310-A:202-221

Board of septic system evaluators

Speech-Language Pathologist

Audiologist

Speech-Language Assistant

Hearing Aid Dealer

RSA 328-F

RSA 326-F

Governing board of speech-language pathologists and hearing care providers

Veterinarian

RSA 332-B

Board of veterinary medicine

(b) This part shall not apply to:

(1) Auctioneers;

(2) Family mediators;

(3) Guardians ad litem;

(4) Medical technicians;

(5) Nurse agencies;

(6) Professional bail bondsmen;

(7) The professions regulated by the assessing certification advisory board;

(8) The professions regulated by the boxing and wrestling commission;

(9) The professions regulated by the real estate appraisers board; or

(10) The professions regulated by the real estate commission.

(c) The availability of licensure by endorsement under this part shall not supersede, replace, or otherwise affect the applicability or availability of any profession-specific compacts.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.03 Applications for Licensure by Endorsement {#sec-plc-313.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.03}

(a) An applicant for licensure by endorsement shall:

(1) Subject to (b), below, submit the following to the licensing bureau using the portal available via www.oplc.nh.gov or, if the portal is not yet available or if submitting the application via the portal is not practicable for the applicant, by mailing a paper application to the address specified in Plc 102.03:

a. A completed “Universal Application for Initial License”, dated April 2024, that provides the information required by Plc 304.03 and is signed and attested to as specified in Plc 304.05;

b. The documentation specified in Plc 304.04 and Plc 313.05; and

c. The applicable application processing and licensing fee specified in Plc 1002, unless Plc 304.02(a) relative to exempting active military and military spouses from paying application processing and licensing fees applies;

(2) If applicable law requires a criminal records check, complete the process established by applicable law and the NHDOS for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and directing that the results be sent to the licensing bureau, provided that proof of the applicant’s military security clearance may be provided in lieu of the criminal background check if allowed by applicable law.

(b) To satisfy the requirement in RSA 310:17, I, to present evidence of an active license in good standing from another jurisdiction, an applicant for licensure by endorsement for a pharmacist license shall use the Electronic Licensure Transfer Program® (eLTP®) of the National Association of Boards of Pharmacy (NABP), available via the NABP’s website at https://nabp.pharmacy/ or directly at https://nabp.pharmacy/programs/licensure/licensure-transfer/.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14088, eff 9-27-24

N.H. Code Admin. R. Ann. Plc 313.04 Information Required for Initial License Application {#sec-plc-313.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.04}

The applicant shall identify the profession for which the application is being filed and then provide the information specified in Plc 303.04 for individuals and all applicants.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.05 Documentation Required for Initial License Application {#sec-plc-313.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.05}

At the time an applicant for a license by endorsement submits a completed license application, the applicant shall submit, or arrange for the licensing bureau to receive:

(a) Primary source verification from the jurisdiction identified pursuant to Plc 304.03(d), such as a print-out or screen capture of the licensing board’s portal showing that the individual is licensed to practice and that the license is in good standing;

(b) If the applicant is seeking licensure as active military or as a military spouse, proof of service status and, if applicable, proof of marriage as specified in Plc 304.04(e) and (f); and

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.06 Processing of Applications for a License by Endorsement; Decisions {#sec-plc-313.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.06}

(a) The executive director shall grant a license to each applicant who is licensed in another jurisdiction in the profession for which application is being made and who provides all items specified in Plc 313.03, including without limitation proof that the applicant holds an license in good standing in another jurisdiction based on requirements that are substantially similar to New Hampshire’s.

(b) If the information submitted by the applicant shows that the applicant does not qualify for a license by endorsement, the executive director shall deny the application.

(c) If the information submitted by the applicant shows that the applicant qualifies for a license by endorsement but applicable law requires a criminal background check and the OPLC has not yet received the results from the NHDOS, the executive director shall issue a provisional license that allows the applicant to practice in New Hampshire pending the results of the criminal background check.

(d) If a provisional license is issued pursuant to (c), above, then when the results of the criminal background check are received, the executive director shall:

(1) Issue a regular license to the provisional licensee, if the results do not show grounds to deny the application; or

(2) If the results do show grounds to deny the application, notify the licensee in writing and refer the matter to the applicable board for a hearing.

(e) If the information submitted by the applicant is insufficient to allow the executive director to issue or deny a license by endorsement, the executive director shall request the applicant to provide the additional information needed to allow a determination to be made.

(f) Denial of a license by endorsement under this part shall not automatically result in denial of a regular license should the individual choose to apply under Plc 304.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.07) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.07 License by Endorsement: Issuance {#sec-plc-313.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.07}

Each license by endorsement issued under this part shall specify:

(a) The name of the licensee;

(b) The profession in which the licensee is authorized to practice;

(d) The license number.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.08(a)) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.08 Duration of License by Endorsement {#sec-plc-313.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.08}

(a) A license issued pursuant to this part that is not provisional shall be valid for 2 years from the date of issuance, subject to the following:

(1) Timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until final action has been taken on the renewal application; and

(2) Suspension or revocation of the license pursuant to Plc 311 or other applicable law shall cause the license to not be valid unless and until it is reinstated as provided in Plc 300.

(b) A provisional license shall expire upon the approval of full licensure, or if full licensure by endorsement is denied, as of the date of:

(1) The final decision of the board if no appeal is taken; or

(2) The final decision in the last appeal taken.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.08(b) and (c)) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.09 Obligations of Licensees by Endorsement {#sec-plc-313.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.09}

Upon issuance of a license or provisional license under this part, the licensee shall become subject to:

(a) Plc 307 relative to licensee obligations;

(b) Plc 308 relative to license renewal;

(d) The regulatory authority of the applicable board.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

For purposes of establishing substantially similar requirements, the following definitions shall apply:

(a) “Current requirements” means the requirements that are in place in the licensing jurisdiction for obtaining a license by substantive qualification as of the date an application for a license by endorsement is filed in New Hampshire;

(b) “Foreign jurisdiction” means a jurisdiction that is outside of any state of the U.S., the District of Columbia, the Commonwealth of Puerto Rico, a trust territory of the Pacific Islands, or any territory or possession of the U.S.;

(c) “License by substantive qualification” means the requirements for obtaining a license by submitting primary source verification of meeting applicable education, training, and examination requirements of the licensing jurisdiction. The term does not include any license obtained by merely or primarily showing proof of licensure in a different jurisdiction, such as for endorsement or reciprocity;

(d) “Licensing jurisdiction” means the jurisdiction that issued the license that the applicant believes is based on substantially similar requirements, which shall include county, county-equivalent, or municipal government if such licenses are not issued by the state in which the county, county-equivalent, or municipality is located;

(e) “New Hampshire jurisprudence exam” means an examination on the New Hampshire-specific aspects of a profession that is required by the applicable board for all applicants, as established in the applicable board’s rules; and

(f) “State-approved” means approved by the licensing jurisdiction, whether a state, territory, county, county-equivalent, or municipality.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14326, eff 7-23-25, EXPIRES: 7-23-35

N.H. Code Admin. R. Ann. Plc 313.11 Waivers of Stated Criteria {#sec-plc-313.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.11}

An individual who obtained licensure in a jurisdiction whose current requirements do not meet the criteria listed in the applicable section of Plc 313.13 through Plc 313.57, but who believes that the individual should be qualified based on a combination of education, training, and actual work experience as a licensed professional, may request a waiver of the stated criteria pursuant to Plc 211.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.12 Evaluation of Foreign Credentials Required {#sec-plc-313.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.12}

(a) Except as provided in (b), below, any applicant who is seeking licensure by endorsement based on a license issued by a foreign jurisdiction shall submit with the application an evaluation of the applicant’s credentials by a member of:

(1) The National Association of Credential Evaluation Services (NACES), available at https://www.naces.org/; or

(2) The Association of International Credentials Evaluators (AICE), available at https://aice-eval.org/.

(b) Any applicant for a license by endorsement to practice physical therapy based on a license obtained in a foreign jurisdiction shall submit with the application an evaluation of the applicant’s credentials by the Foreign Credentialing Commission on Physical Therapy (FCCPT), available at https://www.fccpt.org/.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.13 Substantially Similar Requirements for the Professions Regulated by the Board of Accountancy {#sec-plc-313.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.13}

For purposes of obtaining a license by endorsement as a certified public accountant, as regulated by the board of accountancy, the current requirements of the licensing jurisdiction shall be as follows:

(a) A bachelor’s degree with a concentration in accounting or equivalent acceptable to the licensing jurisdiction;

(b) One year or more of public accounting experience or equivalent acceptable to the licensing jurisdiction; and

(c) Pass the Uniform Certified Public Account Examination or other examination deemed equivalent by the licensing jurisdiction.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.14 Substantially Similar Requirements for the Professions Regulated by the Board of Acupuncture Licensing {#sec-plc-313.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.14}

(a) For purposes of this section, the following definitions shall apply:

(1) “NADA” means “NADA” as defined by RSA 328-G:2, XI, namely “the National Acupuncture Detoxification Association, including its predecessors and successors”; and

(2) “NADA training” means “NADA training” as defined in RSA 328-G:2, XII, namely “the standardized auricular acupuncture protocol developed by NADA that is in effect on July 1, 2017.”

(b) For purposes of obtaining a license by endorsement in a profession regulated by the board of acupuncture licensing, the current requirements of the licensing jurisdiction shall be as follows:

(1) For an acupuncturist license, the following:

a. Be certified by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) or hold a certification deemed equivalent by the licensing jurisdiction; and

(2) For an acupuncture detoxification specialist license, the following:

a. Be a health care professional, recovery coach, peer counselor, or mental health professional who is licensed or certified in the licensing jurisdiction; and

b. Obtain NADA training or the equivalent.

(c) Any individual who receives an acupuncture detoxification specialist license shall submit proof of having a supervising NH-licensed acupuncturist prior to practicing in NH.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.15 Substantially Similar Requirements for the Professions Regulated by the Board of Licensing for Alcohol and Other Drug Use Professionals {#sec-plc-313.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.15}

For purposes of obtaining a license by endorsement in a profession regulated by the board of licensing for alcohol and other drug use professionals, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a master licensed alcohol and drug counselor license, the following:

(1) A 60-hour master’s degree or higher degree, an advanced standing master’s degree, or a masters degree of less than 60 hours plus graduate course work so the combined total is 60 hours, in clinical mental health, clinical psychology, substance use treatment, social work, or equivalent;

(2) At least 2,500 hours of supervised post-masters clinical experience including not less than 10 hours in each of the 12 core functions as defined in RSA 330-C:2, XI; and

(3) Pass one of the following examinations:

a. The Advanced Alcohol and Drug Counselor (AADC) exam offered by the International Certification & Reciprocity Consortium;

b. The Master Addiction Counselor (MAC) exam offered by the National Certification Commission for Addiction Professionals (NAA AP);

c. Level IV or Level V of the CATC exam offered by the California Association for Alcohol/Drug Educators (CAADE); or

d. The Examination for Master Addictions Counselors (EMAC) offered by the National Board of Certified Counselors;

(b) For a certified recovery support worker license:

(1) Pass any of the following examinations:

a. The Peer Recovery (PR) exam from the International Certification and Reciprocity Consortium; or

b. The National Certified Peer Recovery Support Specialist (NCPRSS) exam from the NAADAC;

(2) At least 500 hours of supervised work experience in the recovery performance domains of ethical responsibility, advocacy, mentoring and education, and recovery wellness, and includes at least 25 hours of direct supervision; and

(3) A minimum of a high school diploma or equivalency and 30 hours of training in substance use recovery services approved by the licensing jurisdiction.

(1) Either:

a. An associate’s degree in substance use counseling, addiction studies, or a related field plus at least 6,000 hours of supervised experience, including not less than 10 hours in each of the 12 core functions as defined in RSA 330-C:2, XI; or

b. A bachelor’s degree plus at least 4,000 hours of supervised experience, including not less than 10 hours in each of the 12 core functions as defined in RSA 330-C:2, XI; and

(2) Pass any of the following examinations:

a. From the International Certification and Reciprocity Consortium, the Alcohol and Drug Counselor (ADC) exam or the Advanced Alcohol and Drug Counselor (AADC) exam;

b. From the NAADAC, Level II of the National Certified Addiction Counselor (NCAC II) exam or the Master Addiction Counselor (MAC) exam; or

c. From the CAADE, level II or above of the CATC exam.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.13) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.16 Substantially Similar Requirements for the Profession Regulated by the Board of Architects {#sec-plc-313.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.16}

For purposes of obtaining a license by endorsement as an architect, as regulated by the board of architects, the current requirements of the licensing jurisdiction shall be as follows:

(a) A professional degree in architecture from a school accredited by the National Architectural Accrediting Board (NAAB), or a degree that is deemed equivalent by the licensing jurisdiction;

(b) A period of supervised practical experience; and

(c) Pass the Architecture Registration Examination (ARE) or an examination deemed equivalent by the licensing jurisdiction.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.17 Substantially Similar Requirements for the Profession Regulated by the Governing Board of Athletic Trainers {#sec-plc-313.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.17}

(a) For purposes of this section, “board of certification” means the non-profit entity and successor entities originally incorporated in 1989 to provide a certification program for entry-level athletic trainers and recertification standards for certified athletic trainers, previously known as the “National Athletic Trainers Association Board of Certification, Inc.” (NATABOC).

(b) For purposes of obtaining an athletic trainer license by endorsement, as regulated by the governing board of athletic trainers, the current requirements of the licensing jurisdiction shall be as follows:

(1) Pass the board of certification examination.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.18 Substantially Similar Requirements for the Professions Regulated by the Board of Barbering, Cosmetology, and Esthetics {#sec-plc-313.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.18}

For purposes of obtaining a license by endorsement in a profession regulated by the board of barbering, cosmetology, and esthetics, the current requirements of the licensing jurisdiction shall be follows:

(a) For a barber license, the following:

(1) Graduate from a state-approved education or training program for barbers; and

(2) Pass a state-approved competency examination for barbers;

(b) For a cosmetologist license, the following:

(1) Graduate from a state-approved education or training program for cosmetologists; and

(2) Pass a state-approved competency examination for cosmetologists;

(1) Graduate from a state-approved education or training program for estheticians; and

(2) Pass a state-approved competency examination for estheticians;

(d) For a manicurist license, the following:

(1) Graduate from a state-approved education or training program for manicurists or nail technicians; and

(2) Pass a state-approved competency examination for manicurists or nail technicians;

(e) For a master barber license, the following:

(1) Graduate from a state-approved education or training program for master barbers; and

(2) Pass a state-approved competency examination for master barbers; and

(f) For a school instructor:

(1) Hold a personal license, or be eligible for a personal license, in the profession to be taught;

(2) Complete the state-approved training program, experience, or education requirements for instructors; and

(3) Pass a state-approved competency examination for instructors.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.17) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.19 Substantially Similar Requirements for the Professions Regulated by the Executive Director with the Advisory Board of Body Art Practitioners {#sec-plc-313.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.19}

For purposes of obtaining a license by endorsement for a profession regulated by the executive director with the advisory board of body art practitioners, the current requirements of the licensing jurisdiction shall be as follows:

(a) Complete an education, training, or apprenticeship program for body work approved by the licensing jurisdiction.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.20 Substantially Similar Requirements for the Profession Regulated by the Board of Chiropractic Examiners {#sec-plc-313.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.20}

For purposes of obtaining a license by endorsement to practice as a chiropractor, as regulated by the board of chiropractic examiners, the current requirements of the licensing jurisdiction shall be as follows:

(a) For education, either:

(1) Graduate from a degree-granting chiropractic college that is accredited by an established chiropractic accrediting body approved by the U.S. Department of Education; or

(2) Complete a chiropractic program at a chiropractic institution accredited by a regional accrediting agency approved by the U.S. Department of Education; and

(b) Pass parts I, II, III, and IV of the examination administered by the National Board of Chiropractic Examiners.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.21 Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Advisory Board of Court Reporters {#sec-plc-313.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.21}

For purposes of obtaining a license by endorsement as a court reporter, as regulated by the executive director with the advisory board of court reporters, the current requirements of the licensing jurisdiction shall be as follows:

(a) Certification as a Registered Professional Reporter from the National Court Reporters Association or an equivalent certification from an official state licensing body; or

(b) Certification as a Certified Voice Reporter from the National Verbatim Reporters Association or an equivalent certification from an official state licensing body.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.22 Substantially Similar Requirements for the Professions Regulated by the Board of Dental Examiners {#sec-plc-313.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.22}

For purposes of obtaining a license by endorsement for a profession regulated by the board of dental examiners, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a dentist:

(1) Graduate from a school for dentists recognized by the Commission On Dental Accreditation (CODA); and

(2) Pass a state-approved national or regional examination for dentists; and

(b) For a dental hygienist:

(1) Graduate from a program for dental hygienists accredited by CODA or by an accrediting agency recognized by the United States Department of Education; and

(2) Pass the National Board Dental Hygiene Examination from the Joint Commission on National Dental Examinations or an examination deemed equivalent by the licensing jurisdiction.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.21) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.23 Substantially Similar Requirements for the Profession Regulated by the Board of Licensed Dietitians {#sec-plc-313.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.23}

For purposes of obtaining a dietitian license by endorsement, as regulated by the board of licensed dietitians, the current requirements of the licensing jurisdiction shall be as follows:

(a) Pass the registered dietitian (RD) examination administered by the Commission on Dietetic Registration.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.24 Substantially Similar Requirements for the Professions Regulated by the Electricians’ Board {#sec-plc-313.24 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.24}

(a) For purposes of obtaining a license by endorsement for a profession regulated by the electricians’ board, the licensing jurisdiction shall use the same edition or later of the same electrical code as is used in New Hampshire, and the current requirements of the licensing jurisdiction shall be as follows:

(1) For a journeyman electrician:

a. Complete 4 years of full-time work or 8,000 hours of work in not more than 6 years as an apprentice electrician in an apprenticeship program that includes not less than 560 hours of education and is deemed by the licensing jurisdiction to prepare apprentices for licensure; and

b. Pass a state-approved examination for journeyman electricians; and

(2) For a master electrician:

a. Complete at least one year full-time or 2,000 hours of work in not more than 3 years as a licensed journeyman electrician; and

b. Pass a state-approved examination for master electricians.

(b) Applicants for licensure by endorsement also shall have one year of professional experience as:

(1) A licensed journeyman electrician, if applying for a journeyman electrician license; or

(2) A licensed master electrician, if applying for a master electrician license.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.23) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.25 Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Electrology Advisory Committee {#sec-plc-313.25 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.25}

For purposes of obtaining an electrologist license by endorsement, as regulated by the executive director with the electrology advisory committee, the current requirements of the licensing jurisdiction shall be as follows:

(a) Graduate from a state-approved electrology education or training program; and

(b) Pass a state-approved competency examination for electrologists.

History

#13954, eff 5-3-24

N.H. Code Admin. R. Ann. Plc 313.26 Substantially Similar Requirements for the Profession Regulated by the Board of Licensing for Foresters {#sec-plc-313.26 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.26}

For purposes of obtaining a license by endorsement as a forester, as regulated by the board of licensing for foresters, the current requirements of the licensing jurisdiction shall be as follows:

(a) A minimum of 2-year degree in forestry or a field deemed related by the licensing jurisdiction; and

(b) A period of experience, which may vary in length based on the educational level.

History

#13954, eff 5-3-24

N.H. Code Admin. R. Ann. Plc 313.27 Substantially Similar Requirements for the Professions Regulated by the Board of Registration of Funeral Directors and Embalmers {#sec-plc-313.27 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.27}

(a) For purposes of obtaining a license by endorsement for a profession regulated by the board of registration of funeral directors and embalmers (NH board), the current requirements of the licensing jurisdiction shall be as follows:

(1) For a funeral director and embalmer:

a. Complete a state-approved mortuary program;

b. Complete a state-approved apprenticeship or internship program for funeral directors and embalmers; and

c. Pass a state-approved examination for funeral directors and embalmers; and

(2) For an embalmer:

a. Complete a state-approved mortuary program;

b. Complete a state-approved apprenticeship or internship program for embalmers; and

c. Pass a state-approved examination for embalmers.

(b) Individuals applying for licensure as a funeral director and embalmer also shall pass a New Hampshire jurisprudence exam approved by the NH board.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.28 Substantially Similar Requirements for the Profession Regulated by the Governing Board of Genetic Counselors {#sec-plc-313.28 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.28}

For purposes of obtaining a license by endorsement as a genetic counselor, as regulated by the governing board of genetic counselors, the current requirements of the licensing jurisdiction shall be as follows:

(a) Pass the examination of the American Board of Genetic Counseling (ABGC).

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.29 Substantially Similar Requirements for the Profession Regulated by the Board of Home Inspectors {#sec-plc-313.29 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.29}

For purposes of obtaining a license by endorsement as a home inspector, as regulated by the board of home inspectors, the current requirements of the licensing jurisdiction shall be as follows:

(a) Complete the education or experience requirement established by the licensing jurisdiction.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.30 Substantially Similar Requirements for the Profession Regulated by the Installation Standards Board {#sec-plc-313.30 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.30}

For purposes of obtaining a license by endorsement as a manufactured housing installer, as regulated by the installation standards board, the current requirements of the licensing jurisdiction shall be as follows:

(a) Complete a course or training on installation standards for manufactured housing that is approved by the licensing jurisdiction or by the U.S. Department of Housing and Urban Development.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.31 Substantially Similar Requirements for the Profession Regulated by the Board of Licensure for Land Surveyors {#sec-plc-313.31 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.31}

(a) For purposes of obtaining a license by endorsement as a land surveyor, as regulated by the board of licensure for land surveyors, the current requirements of the licensing jurisdiction shall be as follows:

(1) A period of experience, which may include education;

(2) Pass the National Council of Examiners for Engineering and Surveying (NCEES) Fundamentals of Surveying exam or an examination deemed equivalent by the licensing jurisdiction; and

(3) Pass the NCEES Principles and Practice of Surveying examination or an examination deemed equivalent by the licensing jurisdiction.

(b) The individual also shall pass the NH Legal Aspects examination.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.32 Substantially Similar Requirements for the Profession Regulated by the Board of Landscape Architects {#sec-plc-313.32 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.32}

For purposes of obtaining a license by endorsement as a landscape architect, as regulated by the board of landscape architects, the current requirements of the licensing jurisdiction shall be as follows:

(a) A bachelor’s degree in landscape architecture or in a field deemed equivalent by the licensing jurisdiction;

(b) Complete a period of experience under direct supervision of a licensed landscape architect, which may vary in length based on the educational level; and

(c) Pass all sections of the Landscape Architect Registration examination (LARE) administered by the Council of Landscape Architectural Registration Boards (CLARB).

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.33 Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Advisory Board of Massage Therapists {#sec-plc-313.33 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.33}

For purposes of obtaining a massage therapist license by endorsement, as regulated by the executive director with the advisory board of massage therapists, the current requirements of the licensing jurisdiction shall be as follows:

(a) Complete a state-approved education or training program for massage therapists; and

(b) Pass a nationally-recognized certifying examination for massage therapists.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.34) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.34 Substantially Similar Requirements for the Professions Regulated by the Mechanical Licensing Board {#sec-plc-313.34 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.34}

For purposes of obtaining a license by endorsement in a profession regulated by the mechanical licensing board, the licensing jurisdiction shall use the same edition or later of the building code adopted for New Hampshire under RSA 155-A:1, IV and the same edition or later of the fire code adopted for New Hampshire under RSA 153:5, and the current requirements of the licensing jurisdiction shall be as follows:

(a) For a journeyman plumber:

(1) Complete a state-approved apprenticeship program for journeyman plumbers that requires 4 years full-time or the equivalent and includes 560 hours of instruction; and

(2) Pass a state-approved examination for journeyman plumbers;

(b) For a master plumber:

(1) Obtain the amount of experience as a journeyman plumber that is specified by the licensing jurisdiction; and

(2) Pass a state-approved examination for master plumbers;

(c) For a domestic appliance technician, complete state-approved training for domestic service technicians that includes a minimum of 1,000 hours of experience;

(d) For a fuel gas installation technician, complete state-approved training for fuel gas installers that includes a minimum of 1,000 hours of experience;

(e) For a fuel gas piping installer, complete state-approved training for fuel gas piping installers that includes a minimum of 1,000 hours of experience;

(f) For a fuel gas service technician, complete state-approved training for fuel gas service technicians that includes a minimum of 2,000 hours of experience; and

(g) For a hearth system installation and service technician, complete state-approved training for hearth system installation and service technicians that includes a minimum of 2,000 hours of experience.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.35 Substantially Similar Requirements for the Professions Regulated by the Executive Director with the Advisory Board of Medical Imaging and Radiation Therapy {#sec-plc-313.35 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.35}

For purposes of obtaining a license by endorsement in a profession regulated by the executive director with the advisory board of medical imaging and radiation therapy, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a cardiac electrophysiology specialist license, certification in cardiac electrophysiology from Cardiovascular Credentialing International (CCI) or certification deemed equivalent or more stringent by the licensing jurisdiction;

(b) For a cardiovascular invasive specialist license, certification in cardiovascular invasive procedures from CCI or certification deemed equivalent or more stringent by the licensing jurisdiction;

(c) For a computed tomographer license, certification in tomography from American Registry of Radiologic Technologists (ARRT) or certification deemed equivalent or more stringent by the licensing jurisdiction;

(d) For a limited x-ray machine operator license, the following:

(1) Successful completion of state-approved course or training program; and

(2) Pass a state-approved competency examination;

(e) For a magnetic resonance technologist license, certification in radiography or magnetic resonance imaging from the ARRT or certification deemed equivalent or more stringent by the licensing jurisdiction;

(f) For a nuclear medicine technologist license, certification in nuclear medicine technology from ARRT or the Nuclear Medicine Technology Certification Board or certification deemed equivalent or more stringent by the licensing jurisdiction;

(g) For a radiation therapist license, certification in radiotherapy from ARRT or certification deemed equivalent or more stringent by the licensing jurisdiction;

(h) For a radiographer license, certification in radiotherapy from ARRT or certification deemed equivalent or more stringent by the licensing jurisdiction;

(i) For a radiologist assistant license, certification as a radiologist assistant or radiology practitioner assistant from ARRT or the Certification Board of Radiology Physician Assistants or certification deemed equivalent or more stringent by the licensing jurisdiction; and

(j) For a sonographer license:

(1) Certification in sonography from:

a. ARRT;

b. The American Registry of Diagnostic Medical Sonography; or

c. CCI; or

(2) Certification deemed equivalent or more stringent by the licensing jurisdiction.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.36 Substantially Similar Requirements for the Professions Regulated by the Board of Medicine {#sec-plc-313.36 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.36}

For purposes of obtaining a license by endorsement for a profession regulated by the board of medicine, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a physician assistant (PA):

(1) Graduate from a PA program accredited by the Accreditation Review Commission on Education for the Physician Assistant; and

(2) Pass a national examination for PAs; and

(b) For a physician:

(1) Either:

a. Graduated from a medical school maintaining at the time of such studies a standard satisfactory to the Accreditation Council for Medical Education; or

b. Studied medicine in a medical school located outside the United States that is recognized by the United Nations World Health Organization (UNWHO) and obtained Educational Commission for Foreign Medical Graduates (ECFMG) certification;

(2) Pass each component of the U.S. Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX-USA) or be board-certified by the American Board of Medical Specialties (ABMS) or the American Osteopathic Association (AOA); and

(3) Successfully complete postgraduate medical training approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.38) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.37 Substantially Similar Requirements for the Professions Regulated by the Board of Mental Health Practice {#sec-plc-313.37 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.37}

For purposes of obtaining a license by endorsement for a profession regulated by the board of mental health practice, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a clinical mental health counselor:

(1) Complete a 60 semester-hour or 90 quarter-hour master’s degree in counseling or 60 semester-hours or 90 quarter-hours of graduate course work including the following topic areas:

a. Professional counseling orientation and ethical practice;

b. Social and cultural diversity;

c. Human growth and development;

d. Career development;

e. Counseling and helping relationships;

f. Group counseling and group work;

g. Diagnosis and treatment;

h. Assessment and testing; and

i. Research and program evaluation;

(2) Pass the clinical mental health counselor’s proctored examination of the National Board for Certified Counselors, Inc., or another nationally-recognized examination for mental health counselors deemed equivalent by the licensing jurisdiction; and

(3) Complete a minimum of 2,500 hours or 2 full-time years of supervised postgraduate professional experience;

(b) For a clinical social worker:

(1) A master’s degree in social work from program accredited by the Council for Higher Education Accreditation or the U.S. Department of Education or otherwise recognized by the licensing jurisdiction;

(2) Pass a nationally-recognized clinical category examination; and

(3) Complete a minimum of 2,500 hours or 2 full-time years of supervised postgraduate clinical practice; and

(1) A master’s degree or higher degree in marriage and family therapy from a program recognized by the licensing jurisdiction;

(2) Pass the national examination of Association of Marital and Family Therapy Regulatory Boards; and

(3) Complete a minimum of 2,500 hours or 2 full years of postgraduate supervised experience or 1,000 hours of direct patient contact.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.39) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.38 Substantially Similar Requirements for the Profession Regulated by the Midwifery Council {#sec-plc-313.38 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.38}

For purposes of obtaining a midwife license by endorsement, as regulated by the midwifery council, the current requirements of the licensing jurisdiction shall be as follows:

(a) Certification as a Certified Professional Midwife by a nationally-recognized certifying body.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.39 Substantially Similar Requirements for the Professions Regulated by the Board of Natural Scientists {#sec-plc-313.39 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.39}

(a) For purposes of obtaining a license by endorsement in a profession regulated by the board of natural scientists, the current requirements of the licensing jurisdiction shall be as follows:

(1) For soil scientists:

a. An associate’s degree or higher in the biological, physical, or earth sciences or in a field deemed equivalent by the licensing jurisdiction;

b. At least 3 years of full-time experience in the practice of soil science; and

c. Subject to (b), below, pass a state-approved examination for soil scientists that includes a written component and a field component; and

(2) For wetland scientists:

a. An associate’s degree or higher in botany, soil science, hydrology, wetland science, biology, forestry, wildlife, ecology, water resources, plant science, agronomy, geology, earth science, or a field deemed equivalent by the licensing jurisdiction;

b. At least one year of full-time experience in the practice of wetland science; and

c. Subject to (b), below, pass a state-approved examination for wetland scientists that includes a written component and a field component.

(b) If the licensing jurisdiction examination does not include both a written component and a field component, the applicant also shall pass the New Hampshire exam for the component that is not required by the licensing jurisdiction.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.40 Substantially Similar Requirements for the Profession Regulated by the Naturopathic Board of Examiners {#sec-plc-313.40 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.40}

For purposes of obtaining a license by endorsement as a doctor of naturopathic medicine, as regulated by the naturopathic board of examiners, the current requirements of the licensing jurisdiction shall be as follows:

(a) Graduate from a naturopathic medical college accredited by the Council on Naturopathic Medical Education or other national accrediting body for naturopathic education; and

(b) Pass the Naturopathic Physicians Licensing examination (NPLEX) administered by the North American Board of Naturopathic Examiners.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.41 Substantially Similar Requirements for the Professions Regulated by the Board of Nursing {#sec-plc-313.41 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.41}

For purposes of obtaining a license by endorsement for a profession regulated by the board of nursing, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a licensed nursing assistant (LNA):

(1) Complete a state-approved nursing aide program; and

(2) Pass a state-approved examination for nursing assistants;

(b) For a licensed practical nurse (LPN):

(1) Complete a state-approved practical nursing program or program deemed equivalent by the licensing jurisdiction; and

(2) Pass the NCLEX-PN examination or another examination deemed equivalent by the licensing jurisdiction;

(1) Licensure, certification, or registration as a nursing assistant;

(2) Complete a state-approved education program for medication administration; and

(3) Pass a state-approved examination for medication administration;

(d) For a registered nurse (RN):

(1) Complete a state-approved registered nursing program or program deemed equivalent by the licensing jurisdiction; and

(2) Pass the NCLEX-RN examination or another examination deemed equivalent by the licensing jurisdiction; and

(e) For an advanced practice registered nurse (APRN):

(1) Licensure as a registered nurse;

(2) A master’s degree from an APRN education program accredited by a national accrediting body; and

(3) Current certification from any of the following certifying bodies:

a. American Academy of Nurse Practitioners Certification Board (AANPCB);

b. American Association of Critical-Care Nurses (AACN);

c. American Midwifery Certification Board (AMCB);

d. American Nurses Credentialing Center (ANCC);

e. National Board of Certification & Recertification for Nurse Anesthetists (NBCCRNA);

f. National Certification Corporation (NCC); or

g. Pediatric Nursing Certification Board (PNCB).

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.43) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.42 Substantially Similar Requirements for the Professions Regulated by the Board of Examiners of Nursing Home Administrators {#sec-plc-313.42 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.42}

For purposes of obtaining a license by endorsement as a nursing home administrator, as regulated by the board of examiners of nursing home administrators, the current requirements of the licensing jurisdiction shall be as follows:

(a) A bachelor’s degree from accredited school in a field specified by the licensing jurisdiction;

(b) Completion of internship or other supervised experience as an administrator in training; and

(c) Pass the Nursing Home Administration (NHA) examination of the National Association of Long-Term Care Administrator Boards.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.43 Substantially Similar Requirements for the Professions Regulated by the Governing Board of Occupational Therapists {#sec-plc-313.43 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.43}

For purposes of obtaining a license by endorsement in a profession regulated by the governing board of occupational therapists, the current requirements of the licensing jurisdiction shall be as follows:

(a) For an occupational therapist license:

(1) Pass the examination of the National Board for Certification in Occupational Therapy (NBCOT) or other national certifying body for occupational therapists; and

(2) Complete supervised fieldwork; and

(b) For an occupational therapy assistant license:

(1) Pass the examination of the NBCOT or other national certifying body for occupational therapy assistants; and

(2) Complete supervised fieldwork.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.44 Substantially Similar Requirements for Ophthalmic Dispensing Professionals {#sec-plc-313.44 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.44}

For purposes of obtaining a license by endorsement in for ophthalmic dispensing, the current requirements of the licensing jurisdiction shall be as follows:

(a) Complete the state-approved education or training program;

(b) Complete a course or series of courses leading to a certificate or degree in ophthalmic dispensing or other field that includes instruction in the knowledge and skills necessary for ophthalmic dispensing; or

(c) Pass the National Opticianry Competency Examination (NOCE) related to spectacles or the Contact Lens Registry Examination (CLRE) related to contact lens dispensing offered by the American Board of Opticianry and National Contact Lens Examiners (ABO-NCLE).

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.45 Substantially Similar Requirements for the Profession Regulated by the Board of Registration in Optometry {#sec-plc-313.45 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.45}

(a) For purposes of obtaining a license by endorsement to practice optometry as regulated by the board of registration in optometry, the current requirements of the licensing jurisdiction shall be as follows:

(1) Graduate from a school or college of optometry that is accredited by the Accreditation Council on Optometric Education (ACOE) or its successor; and

(2) Pass parts I, II, and III of the National Board of Examiners in Optometry examination or its successor agency.

(b) Individuals applying to be registered to practice optometry also shall:

(1) Submit proof of adult, child, and infant CPR certification; and

(2) Pass a New Hampshire jurisprudence exam.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 313.46 Substantially Similar Requirements for the Professions Regulated by the N. H. Pharmacy Board {#sec-plc-313.46 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.46}

For purposes of obtaining a license by endorsement for a profession regulated by the N.H. pharmacy board, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a pharmacist:

(1) Either:

a. A professional pharmacy baccalaureate degree or pharmacy doctor degree from a school of pharmacy, college of pharmacy, or pharmacy department of a university approved by the licensing jurisdiction, including programs accredited by the American Council on Pharmacy Education or the Canadian Council for Accreditation of Pharmacy Programs; or

b. For foreign graduates, completion of a foreign college of pharmacy program and full certification from the Foreign Pharmacy Graduate Examination Committee (FPGEC);

(2) Pass the National Association of Boards of Pharmacy Licensure Examination (NAPLEX); and

(3) Complete a state-approved internship; and

(b) For a certified pharmacy technician, hold certification from a nationally-recognized certifying organization, such as the Pharmacy Technician Certification Board (PTCB) or the National Healthcare Association (NHA).

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.48) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.47 Substantially Similar Requirements for the Professions Regulated by the Governing Board of Physical Therapists {#sec-plc-313.47 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.47}

(a) For purposes of obtaining a license by endorsement in a profession regulated by the governing board of physical therapists, the current requirements of the licensing jurisdiction shall be as follows:

(1) For a physical therapist license, the following:

a. Graduate from an accredited professional physical therapy program; and

b. Pass the National Physical Therapy Examination for Physical Therapists administered by the Federation of State Boards of Physical Therapy (FSBPT); and

(2) For a physical therapist assistant license, the following:

a. Graduate from an accredited physical therapy assistant education program; and

b. Pass the FSBPT’s National Physical Therapy Examination for Physical Therapist Assistants.

(b) Individuals applying for licensure as a physical therapist or physical therapist assistant also shall pass a New Hampshire jurisprudence exam.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.48 Substantially Similar Requirements for the Profession Regulated by the Board of Podiatry {#sec-plc-313.48 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.48}

For purposes of obtaining a license by endorsement to practice podiatry as regulated by the board of podiatry, the current requirements of the licensing jurisdiction shall be as follows:

(a) Graduate from an accredited college of podiatry or podiatric medicine; and

(b) Pass parts I, II, and III of the National Board of Podiatric Medical Examiners examination.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.49 Substantially Similar Requirements for the Profession Regulated by the Board of Professional Engineers {#sec-plc-313.49 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.49}

(a) For purposes of obtaining a license by endorsement to practice as a professional engineer, as regulated by the board of professional engineers, the current requirements of the licensing jurisdiction shall be as follows:

(1) Hold either:

a. A 4-year degree from an EAC/ABET-accredited program; or

b. A degree from a program that is not EAC/ABET accredited together with an NCEES evaluation of the program;

(2) Have not less than 4 years of progressive engineering experience under the supervision of a licensed professional engineer; and

(3) Pass the following examinations from the NCEES:

a. Fundamentals of Engineering; and

b. Principles and Practice.

(b) Individuals applying for licensure as a professional engineer also shall pass a New Hampshire jurisprudence exam.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313); ss by #14305, eff 8-19-25, EXPIRES: 8-19-35

N.H. Code Admin. R. Ann. Plc 313.50 Substantially Similar Requirements for the Profession Regulated by the Board of Professional Geologists {#sec-plc-313.50 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.50}

For purposes of obtaining a license by endorsement in a profession regulated by the board of professional geologists, the current requirements of the licensing jurisdiction shall be as follows:

(a) A bachelor’s degree in geology or a field deemed equivalent by the licensing jurisdiction;

(b) Pass the Practice of Geology Examination administered by the National Association of State Boards of Geology, or examination deemed equivalent by the licensing jurisdiction; and

(c) Period of experience specified by the licensing jurisdiction, which may vary in length based on the educational level.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.51 Substantially Similar Requirements for the Profession Regulated by the Board of Psychologists {#sec-plc-313.51 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.51}

For purposes of obtaining a license by endorsement for a profession regulated by the board of psychologists, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a psychologist:

(1) A doctoral degree in psychology from a regionally-accredited educational institution or a program otherwise deemed equivalent by the licensing jurisdiction;

(2) Pass a state-approved examination; and

(3) Complete a minimum of 2,500 hours or 2 full-time years of supervised experience.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.53) (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.52 Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Advisory Board of Recreational Therapists {#sec-plc-313.52 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.52}

For purposes of obtaining a license by endorsement to practice recreational therapy, as regulated by the executive director with the advisory board of recreational therapists, the current requirements of the licensing jurisdiction shall be as follows:

(a) Certification by the National Council for Therapeutic Recreation Certification (NCTRC).

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.53 Substantially Similar Requirements for the Professions Regulated by the Executive Director with the Advisory Board of Reflexologists, Structural Integrators, and Asian Bodywork Therapists {#sec-plc-313.53 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.53}

For purposes of obtaining a license by endorsement in a profession regulated by the executive director with the advisory board of reflexologists, structural integrators, and Asian bodywork therapists, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a reflexologist, certification from the American Reflexology Certification Board (ARCB) or certification deemed equivalent by the licensing jurisdiction;

(b) For a structural integrator:

(1) Certification from a program recognized by the International Association of Structural Integration (IASI); or

(2) Membership in the IASI at a level that requires a diploma or certificate from an IASI-recognized teaching institution; and

(1) The National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM); or

(2) The American Organization for Bodywork Therapies of Asia (AOBTA).

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.54 Substantially Similar Requirements for the Profession Regulated by the Executive Director with the Advisory Board of Respiratory Care Practitioners {#sec-plc-313.54 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.54}

For purposes of obtaining a license by endorsement to practice respiratory care or respiratory therapy, as regulated by the executive director with the advisory board of respiratory care practitioners, the current requirements of the licensing jurisdiction shall be as follows:

(a) Graduate from a respiratory care educational program accredited by:

(1) The American Medical Association's Committee on Allied Health Education and Accreditation in collaboration with the Joint Review Committee for Respiratory Therapy Education;

(2) The Committee on Accreditation for Respiratory Care;

(3) The Commission on Accreditation of Allied Health Education Programs; or

(4) A successor organization to any of the organizations listed in (1)-(3), above; and

(b) Pass the certified respiratory therapist (CRT) or registered respiratory therapist (RRT) examination administered by National Board for Respiratory Care or successor organization.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.55 Substantially Similar Requirements for the Profession Regulated by the Board of Septic System Evaluators {#sec-plc-313.55 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.55}

For purposes of obtaining a license by endorsement as a septic system evaluator, as regulated by the board of septic system evaluators, the current requirements of the licensing jurisdiction shall be as follows:

(a) Complete a state-approved training or education for the evaluation of septic systems; and

(b) Pass a state-approved examination for septic system evaluators.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.56 Substantially Similar Requirements for the Professions Regulated by the Governing Board of Speech-Language Pathologists and Hearing Care Providers {#sec-plc-313.56 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.56}

For purposes of obtaining a license by endorsement in a profession regulated by the governing board of speech-language pathologists and hearing care providers, the current requirements of the licensing jurisdiction shall be as follows:

(a) For a speech-language pathologist:

(1) A master’s degree in speech-language pathology, communications sciences and disorders, or communications disorders, or field deemed equivalent by the licensing jurisdiction, that includes a supervised academic clinical practicum;

(2) Complete supervised postgraduate professional experience; and

(3) Pass the Praxis Examination in Speech-Language Pathology administered by the American Speech-Language-Hearing Association or another examination for speech-language pathology deemed equivalent by the licensing jurisdiction;

(b) For an audiologist:

(1) A doctoral degree with an emphasis in audiology from a national or regionally accredited college or university;

(2) Complete clinical rotations in audiology from a national or regionally accredited college or university; and

(3) Pass the Praxis Examination in Audiology administered by the American Speech-Language-Hearing Association or another examination for audiologists deemed equivalent by the licensing jurisdiction.

(c) For a speech-language assistant, an associate’s degree in speech-language pathology, communications sciences and disorders, communications disorders, or a field deemed equivalent by the licensing jurisdiction; and

(d) For a hearing aid dealer:

(1) Complete a state-approved training program; and

(2) Pass a state-approved written and practical examination.

History

#13954, eff 5-3-24 (see Revision Note #1 at part heading for Plc 313)

N.H. Code Admin. R. Ann. Plc 313.57 Substantially Similar Requirements for the Profession Regulated by the Board of Veterinary Medicine {#sec-plc-313.57 omnilex-key=us-nh-regs-official--agency-plc--Plc 313.57}

(a) For purposes of obtaining a veterinarian license by endorsement, as regulated by the board of veterinary medicine, the current requirements of the licensing jurisdiction shall be as follows:

(1) Either:

a. Graduate from one of the following:

A school of veterinary medicine accredited by the American Veterinary Medicine Association (AVMA); or
A veterinary medicine school deemed equivalent by the licensing jurisdiction; or

b. Hold one of the following:

A certificate from the Educational Commission for Foreign Veterinary Graduates (ECFVG);
A Program for the Assessment of Veterinary Education Equivalence (PAVE®) certificate; or
A certificate from the Canadian Veterinary Medical Association; and

(2) Pass the North American Veterinary Licensing Examination (NAVLE), administered by the International Council for Veterinary Assessment (ICVA) or other examination deemed equivalent by the licensing jurisdiction.

(b) Individuals applying for licensure as a veterinarian also shall pass the New Hampshire jurisprudence exam required by Vet 303.01.

Appendix A: State Statutes Implemented

Rule(s)

State Statute(s) Implemented

Plc 301.01, Plc 301.03

RSA 310

Plc 301.06

RSA 310:4; RSA 310:8; RSA 541-A:16, I(b)

Plc 302

RSA 310:2

Plc 303.03, Plc 303.04

RSA 310:4, II(c)

Plc 304.01, Plc 304.03, Plc 304.08, Plc 304.09, Plc 304.10, Plc 304.12, Plc 304.14

RSA 310:4, II(c)

Plc 305.01, Plc 305.02, Plc 305.05, Plc 305.07

RSA 310:6, V; RSA 332-G:14

Plc 306.01-Plc 306.03, Plc 306.05, Plc 306.07

RSA 310:16

Plc 307

RSA 310:6, II; RSA 310:8

Plc 308.01, Plc 308.03, Plc 308.05, Plc 308.06, Plc 308.08, Plc 308.11, Plc 308.12, Plc 308.15

RSA 310:8; RSA 310:5, I

Plc 309

RSA 151-A:4, I(a); RSA 205-D:20, VIII; RSA 309-B:4, VI(d); RSA 310-A:6, I(f); RSA 310-A:32, I(f); RSA 310-A:58, VI; RSA 310-A:82, VI; RSA 310-A:102, VI; RSA 310-A:121, I(e); RSA 310-A:126; RSA 310-A:143, I(f); RSA 310-A:164, IV; RSA 310-A:185 & 187, I(c); RSA 310-A:205 & 207, I(d); RSA 310-B:18-a; RSA 310-C:17, I(e); RSA 313-A:8, VI; RSA 314:8, VII; RSA 315:4, III; RSA 317-A:12, VI; RSA 318:5-a, VI; RSA 319-C:6-a, V; RSA 325:9, VI; RSA 326-B:9, VIII; RSA 326-F:11, II(b); RSA 326-E:2, VI; RSA 326-H:9, IV; RSA 327:31, IV; RSA 327-A:12, IV; RSA 328-C:4-a, V; RSA 328-E:10, (a), (f); RSA 328-G:7, V; RSA 328-J:7, IV; RSA 329:9, V; RSA 329-B:10, VII; RSA 330-A:10, IV-VII; RSA 330-C:9, VII; RSA 332-B:7-a, VI; RSA490-C:4, I(e)

Plc 310.01, Plc 310.02, Plc 310.03, Plc 310.04, Plc 310.05, Plc 310.06

RSA 310:4, II(d), RSA 310:9

Plc 311.01, Plc 311.02-311.04, Plc 311.05 & Plc 311.06 , Plc 311.07, Plc 311.08, Plc 311.09, Plc 311.10-Plc 311.12, Plc 311.13, Plc 311.14-Plc 311.16

RSA 310:10, RSA 310:12

Plc 312

RSA 310:8, III

Plc 312.04

RSA 310:8

Plc 313.01

RSA 310:17

Plc 313.02 – Plc 313.12

RSA 310:17

Plc 313.13

RSA 310:17; RSA 309-B:4, VI(c); RSA 309-B:5

Plc 313.14

RSA 310:17; RSA 328-G:7, I; RSA 328-G:9, II

Plc 313.15

RSA 310:17; RSA 330-C:9, I; RSA 330-C:16; RSA 330-C:19

Plc 313.16

RSA 310:17; RSA 310-A:32, I(b); RSA 310-A:38

Plc 313.17

RSA 310:17; RSA 326-G:4; RSA 328-F:11, I(a)

Plc 313.18

RSA 310:17; RSA 313-A:8, II; RSA 313-A:10-13

Plc 313.19

RSA 310:17; RSA 314-A:2, III

Plc 313.20

RSA 310:17; RSA 316-A:3, I-VII; RSA 316-A:11, II; RSA 316-A:12; RSA 316-A:17

Plc 313.21

RSA 310:17; RSA 310-A:164, I; RSA 310-A:169-170

Plc 313.22

RSA 310:17; RSA 317-A:8, I; RSA 317-A:12, III

Plc 313.23

RSA 310:17; RSA 326-H:10, I, IV; RSA 326-H:12

Plc 313.24

RSA 310:17; RSA 319-C:6-a, I; RSA 319-C:7

Plc 313.25

RSA 310:17; RSA 314:3, III; RSA 314:8, II

Plc 313.26

RSA 310:17; RSA 310-A:102, II & RSA 310-A:104

Plc 313.27

RSA 310:17; RSA 325:9, II; RSA 325:13; RSA 325:14

Plc 313.28

RSA 310:17; RSA 326-K:3 ; RSA 328-F:11, I(a)

Plc 313.29

RSA 310:17; RSA 310-A:187, I(a); RSA 310-A:190

Plc 313.30

RSA 310:17; RSA 205-D:8; RSA 205-D:20, IV

Plc 313.31

RSA 310:17; RSA 310-A:58, II; RSA 310-A:63

Plc 313.32

RSA 310:17; RSA 310-A:143, I(b); RSA 310-A:146

Plc 313.33

RSA 310:17; RSA 328-B:4, VII(c)

Plc 313.34

RSA 310:17; RSA 153:28, I(a)

Plc 313.35

RSA 310:17; RSA 328-J:7, I; RSA 328-J:8; RSA 328-J:11

Plc 313.36

RSA 310:17; RSA 329:9, II; RSA 329:12; RSA 328-D:3

Plc 313.37

RSA 310:17; RSA 330-A:10, II; RSA 330-A:18; RSA 330-A:19; RSA 330-A:21

Plc 313.38

RSA 310:17; RSA 326-D:5, I(a) & (d), RSA 326-D:7

Plc 313.39

RSA 310:17; RSA 310-A:82, II; RSA 310-A:84

Plc 313.40

RSA 310:17; RSA 328-E:9, I

Plc 313.41

RSA 310:17; RSA 326-B:9, I; RSA 326-B:16

Plc 313.42

RSA 310:17; RSA 151-A:4-a, V; RSA 151-A:5; RSA 151-A:7, I

Plc 313.43

RSA 310:17; RSA 326-C:5, I-II; RSA 328-F:11, I(a)

Plc 313.44

RSA 310:17; RSA 327-A:6; RSA 327-A:12, I

Plc 313.45

RSA 310:17; RSA 327:6; RSA 327:31, I

Plc 313.46

RSA 310:17; RSA 318:5-a, II; RSA 318:18

Plc 313.47

RSA 310:17; RSA 328-A:5, I; RSA 328-F:11, I(a)

Plc 313.48

RSA 310:17; RSA 315:2, I; RSA 315:4, I; RSA 315:7

Plc 313.49

RSA 310:17; RSA 310-A:6, I(b); RSA 310-A:12-13

Plc 313.50

RSA 310:17; RSA 310-A:121, I(b); RSA 310-A:125

Plc 313.51

RSA 310:17; RSA 329-B:10, III; RSA 329-B:15; RSA 329-B:15-a

Plc 313.52

RSA 310:17; RSA 326-J:5

Plc 313.53

RSA 310:17; RSA 328-H:5, VIII(c); RSA 328-H:8

Plc 313.54

RSA 310:17; RSA 326-E:3

Plc 313.55

RSA 310:17; RSA 310-A:207, I(a); RSA 310-A:210

Plc 313.56

RSA 310:17; RSA 326-F:3; RSA 328-F:11, I(a)

Plc 313.57

RSA 310:17; RSA 332-B:7-a, II; RSA 332-B:9

Appendix B: Other Statutory Provisions

310-A:1-p Military Service Members and Spousal Temporary Licensure. – The office of professional licensure and certification shall issue temporary licenses to a member of the armed forces or their spouse, if the applicant holds a current, valid unencumbered occupational or professional license in good standing issued by a state or territory of the United States, in accordance with rules adopted by executive director of the office of professional licensure and certification under RSA 541-A, provided that the applicant meets the requirements of this section, within 30 days of having received an application or, if the applicant is subject to a criminal records check, within 14 days of having received the results of a criminal records check. The rules shall contain the following provisions:

I. The applicant shall obtain a temporary license for a period of not less than 180 days while completing any requirements for licensure in New Hampshire so long as no cause for denial of a license exists under this title, or under any other law.

II. The license applicant must submit a notarized affidavit affirming, under penalty of law, that the applicant is the person described and identified in the application, that all statements made on the application are true and correct and complete, that the applicant has read and understands the requirements for licensure and certifies that they meet those requirements, and that the applicant is in good standing in all jurisdictions in which the applicant holds or has held a license.

III. The applicant may request a one-time 180-day extension of the temporary license if necessary to complete the New Hampshire licensing requirements. The applicant must make this request within 15 days prior to the temporary license's expiration date.

IV. All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.

310:12 Sanctions. –

I. In addition to any grounds provided by any board’s practice act, misconduct sufficient to support disciplinary proceedings brought by a board shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this chapter.

(b) Conviction of any crime, provided that no board shall take disciplinary action against a licensee because of a conviction of a crime in and of itself. A board may only discipline a licensee because of a conviction after:

(1) Considering the nature of the crime, and any information provided as to the current circumstances of the convicted person, including but not limited to their rehabilitation, completion of the criminal sentence, amount of time that has passed since the conviction or release, testimonials, employment history, and employment aspirations; and

(2) Determining, by clear and convincing evidence, that:

(A) The conviction has a substantial and direct relationship to the occupation, trade, vocation, profession, or business for which the person has applied for or obtained state recognition; and

(B) Disciplining the licensee based upon that conviction serves the purpose of protecting public safety.

(c) Unfitness or incompetency to practice the profession or any particular aspect or specialty thereof as evidenced by negligent or willful acts performed in a manner inconsistent with the health, safety, or wellbeing of any person.

(d) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.

(e) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders the person unfit to practice their profession.

(f) Mental or physical incompetency to practice the profession.

(g) Willful or repeated violation of the provisions of the applicable practice act, any related statutory obligations, or any administrative rule adopted thereunder.

History

#13763, INTERIM, eff 10-15-23, EXPIRED: 4-12-24
#13954, eff 5-3-24 (formerly Plc 313.60) (see Revision Note #1 at part heading for Plc 313)
2022, 310:8, eff. Aug. 30, 2022.

Chapter Plc 400 Inspections

Part Plc 401 Purpose; Applicability

N.H. Code Admin. R. Ann. Plc 401.01 Purpose {#sec-plc-401.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 401.01}

The purpose of this chapter is to establish uniform procedures for conducting inspections of regulated places of business that are routine or that are conducted in connection with license applications, by inspectors on behalf of the office of professional licensure and certification (OPLC).

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 401.02 Applicability {#sec-plc-401.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 401.02}

(a) Unless otherwise limited in a specific part or section, these rules shall apply to inspections that are routine or licensing-related at premises at which the practice of any regulated profession is or will be undertaken or at which activities are or will be undertaken that are necessary to support the practice of any regulated profession.

(b) Unless specifically stated otherwise in these rules, the procedures established in these rules shall supersede any inspection procedure rules adopted by a board.

History

#14031, eff 8-15-24

Part Plc 402 Definitions

N.H. Code Admin. R. Ann. Plc 402.01 Applicable board {#sec-plc-402.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.01}

“Applicable board” means “applicable board” as defined in Plc 102.02, reprinted in Appendix B.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.02 Applicable law {#sec-plc-402.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.02}

“Applicable law” means “applicable law” as defined in Plc 102.03, reprinted in Appendix B.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.03 Applicant {#sec-plc-402.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.03}

“Applicant” means, for inspections conducted in connection with an application for licensure, the person who has applied for a license, whether an initial license or a renewal license, or reinstatement of a license. The term includes the authorized representative of an applicant that is an entity.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.04 Board {#sec-plc-402.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.04}

“Board” means “board” as defined in Plc 102.04, reprinted in Appendix B.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.05 Deficiency {#sec-plc-402.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.05}

“Deficiency” means an instance of noncompliance with an applicable requirement.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.06 Deficiency correction plan (DC plan) {#sec-plc-402.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.06}

“Deficiency correction plan (DC plan)” means a written plan prepared by an applicant or licensee that identifies, for each deficiency that requires more than 14 days to be corrected, the following:

(a) The deficiency and each corrective action required; and

(b) The required date of completion.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.07 Executive director {#sec-plc-402.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.07}

“Executive director” means the executive director of the OPLC or designee.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.08 Inspection {#sec-plc-402.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.08}

“Inspection” means an examination of the conditions and records at a regulated place of business to determine compliance with applicable law.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.09 Inspection assignment coordinator (IAC) {#sec-plc-402.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.09}

“Inspection assignment coordinator (IAC)” means any individual designated by the executive director to assign inspectors to conduct inspections.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.10 Inspection checklist {#sec-plc-402.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.10}

“Inspection checklist” means a list of the specific items and conditions to be inspected, together with the standard to be met by each, as established in rules adopted by the applicable board.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.11 Inspection report {#sec-plc-402.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.11}

“Inspection report” means a report prepared by an inspector in accordance with Plc 403.09.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.12 Inspector {#sec-plc-402.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.12}

“Inspector” means an individual designated by the executive director via the IAC to conduct an inspection.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.13 License {#sec-plc-402.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.13}

“License” means “license” as defined in RSA 541-A:1, VIII, namely “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.” The term includes temporary, conditional, initial, and renewal licenses, certifications, and registrations, and any form of approval for apprentices.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.14 Licensee {#sec-plc-402.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.14}

“Licensee” means, for routine inspections, the person who holds the license for the regulated place of business being inspected. The term includes the authorized representative of a licensee that is an entity and any other term, such as “permit holder”, used in the applicable board’s rules to mean the same thing.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.15 Licensing bureau {#sec-plc-402.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.15}

“Licensing bureau” means “licensing bureau” as defined in Plc 102.21, reprinted in Appendix B.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.16 Person {#sec-plc-402.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.16}

“Person” means an individual or a legal entity such as a corporation or partnership.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.17 Practice act {#sec-plc-402.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.17}

“Practice act” means the statute(s) that confer(s) authority on the executive director or on a board to regulate a specific profession.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.18 Regulated place of business {#sec-plc-402.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.18}

“Regulated place of business” means any location at which a regulated profession is or will be practiced or at which activities necessary to support the practice of a regulated profession are or will be conducted.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.19 Regulated profession {#sec-plc-402.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.19}

“Regulated profession” means “regulated profession” as defined in Plc 102.33, reprinted in Appendix B.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.20 Routine inspection {#sec-plc-402.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.20}

“Routine inspection” means an inspection conducted as part of the ordinary oversight of a regulated profession. The term does not include any inspection or investigation undertaken based on a complaint or other indication of potential misconduct.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.21 Working day {#sec-plc-402.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.21}

“Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of state holidays.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 402.22 Wrap-up meeting {#sec-plc-402.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 402.22}

“Wrap-up meeting” means a meeting between an inspector and the applicant or licensee that is conducted at the conclusion of an inspection in accordance with Plc 403.06.

History

#14031, eff 8-15-24

Part Plc 403 Inspection Procedures for All Types of Inspections

N.H. Code Admin. R. Ann. Plc 403.01 Purpose {#sec-plc-403.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.01}

The purpose of this part is to establish procedures and requirements that apply to any of the inspection types covered in Plc 404 through Plc 406.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 403.02 Scheduling the Inspection {#sec-plc-403.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.02}

(a) Upon being notified that an inspection is required, the assigned inspector shall:

(1) Notify the applicant or licensee of the date and time of the inspection; and

(2) Provide the applicant or licensee with information regarding the inspection, including:

a. Identification of the rules adopted by the applicable board that establish the requirements for the regulated premises;

b. What the inspector will need access to and what will be inspected, in the form of a link to the posted inspection checklist to be used by the inspector;

c. Contact information for the inspector who is expected to conduct the inspection; and

d. A telephone number for the applicant to use to verify the inspector’s identity at the time of inspection.

(b) If the applicant or licensee cannot be available at the scheduled date and time due to circumstances beyond the applicant’s or licensee’s control, the applicant or licensee shall request the inspection to be rescheduled by sending an email to CustomerSupport@oplc.nh.gov with the words “NEED TO RESCHEDULE INSPECTION” in the subject line.

(c) The inspector shall work with the applicant or licensee to reschedule the inspection, subject to the provisions of Plc 404.02 or Plc 406.02(b), as applicable.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 403.03 Inspection Checklists To Be Made Available {#sec-plc-403.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.03}

The OPLC shall make each inspection checklist available on the profession-specific page to which it relates that is accessible via the OPLC website at www.oplc.nh.gov.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 403.04 Presentation of Credentials {#sec-plc-403.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.04}

(a) Upon arriving at the regulated place of business to be inspected, the inspector shall present credentials that identify the inspector as an employee, representative, or official of the OPLC to the applicant or licensee and to the individual in charge of the regulated place of business if other than the applicant or licensee.

(b) The inspector shall provide the OPLC telephone number at the request of the applicant, licensee, or individual in charge of the regulated place of business if other than the applicant or licensee, for such person to call for verification of the inspector’s identity.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 403.05 Applicant or Licensee Response Obligations {#sec-plc-403.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.05}

(a) Upon being presented with the inspector’s credentials, the applicant or licensee or other person in charge of the regulated place of business shall allow the inspector to:

(1) Enter and inspect the regulated place of business, including storage and other ancillary areas, provided that if the regulated place of business is within a private residence, only those areas used when engaging in the regulated profession or that are otherwise subject to regulatory requirements shall be inspected;

(2) Gather information about such existing conditions and procedures as are identified in applicable law, including by photographs or video recording, or both; and

(3) Examine records identified in applicable law that pertain to the practice of the regulated profession.

(b) The applicant or licensee or other person in charge shall assist the inspector to obtain access to all areas of the regulated place of business identified in (a)(1), above, and with making copies, if and as requested.

(c) Under no circumstances shall any inspector be required to sign a waiver or confidentiality agreement as a condition of entering and inspecting the premises.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 403.06 Wrap-Up Meeting {#sec-plc-403.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.06}

At the conclusion of the inspection, the inspector shall meet with the applicant or licensee to:

(a) Review the inspector’s findings, including correcting any incorrect information;

(b) Clarify any requirements that are not clear to the applicant or licensee;

(d) If applicable, discuss the activities and time needed to address deficiencies that cannot be corrected within 14 days.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 403.07 Deficiency Correction (DC) Plans {#sec-plc-403.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.07}

(a) If the inspector and the applicant or licensee agree in the wrap-up meeting that some or all of the deficiencies cannot be corrected within 14 days, for instance because more than 14 days will be needed to acquire materials, contractors, permission from the owner of the premises, or a municipal permit, then:

(1) The inspector and the applicant or licensee shall identify the actions that need to be taken and the time frame that is reasonable for taking each action; and

(2) The applicant or licensee shall submit the following to the inspector, within 14 days of the inspection:

a. A written agreement to extend the OPLC’s deadline under RSA 541-A:29, II, if the specified time would otherwise expire prior to the deficiencies being corrected; and

b. A written DC plan.

(b) If the applicant or licensee submits a DC plan pursuant to (a), above, then:

(1) The inspector shall approve the plan and notify the applicant or licensee via email to the applicant’s or licensee’s designated email address of the approval if:

a. The plan accurately reflects the action(s) and time frame(s) agreed to in the wrap-up meeting; or

b. The plan does not accurately reflect the action(s) and time frame(s) agreed to in the wrap-up meeting, but explains any discrepancies, for example that materials or a contractor will take longer than anticipated to acquire, and still would result in all of the deficiencies being corrected within a reasonable amount of time based on the nature and extent of work that is needed; and

(2) Upon receipt of notification that the plan has been approved, the applicant or licensee shall:

a. Implement the plan; and

b Contact the inspector not later than the first working day after all deficiencies have been corrected to arrange an in-person or virtual inspection to confirm the corrections.

(c) If the applicant or licensee submits a DC plan that does not meet the criteria for approval in (b)(1)a. or b., above, the inspector shall notify the applicant that the plan cannot be approved and:

(1) If the plan would meet the criteria for approval if minor adjustments were made, return the plan to the applicant with a request to make the necessary adjustments and resubmit the plan within 10 days; or

(2) If the plan would need major changes to meet the approval criteria, reject the plan.

(d) For purposes of (c)(1), above, “minor adjustments” shall be changes to:

(1) Forty percent or less of the plan for a DC plan that consists of one to 5 actions;

(2) Thirty percent or less of the plan for a DC plan that consists of 6 to 10 actions; and

(3) Twenty percent or less of the plan for a DC plan that consists of more than 10 actions.

(e) For purposes of (c)(2), above, “major changes” shall be:

(1) Changes to measures addressing deficiencies that pose an imminent peril to public health and safety; or

(2) Changes that exceed “minor adjustments” as described in (d), above.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 403.08 Completion of Inspection Checklist {#sec-plc-403.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.08}

(a) The inspector shall complete, sign, and date the inspection checklist prior to leaving the regulated place of business.

(b) The applicant or licensee shall sign and date the inspection checklist to acknowledge its completion.

(c) The signature required by (b), above, shall not be construed to indicate that the applicant or licensee agrees with the completed inspection checklist.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 403.09 Completion of Inspection Report {#sec-plc-403.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.09}

(a) Within 3 working days of completing the inspection, the inspector shall:

(1) Complete any analysis needed to establish whether the regulated place of business passed or failed the inspection;

(2) Compile an inspection report as specified in (b), below;

(3) Send a copy of the completed report to the applicant’s or licensee’s designated email address;

(4) Inform the licensing bureau of the results of the inspection; and

(5) Ensure that a copy or scan of the inspection report is retained in the applicant’s or licensee’s file in a format that is available to the public via the license lookup web site available via https://forms.nh.gov/licenseverification/.

(b) The inspection report shall contain:

(1) The name and location of the regulated place of business inspected;

(2) For a regulated place of business that is or will be under the control of an individual:

a. For inspections for initial licensure, the applicant’s name;

b. For routine inspections, the name of the licensee who is responsible for the regulated place of business and that individual’s license number; and

c. For any inspection, if the applicant or licensee has authorized another individual to represent the applicant or licensee at the inspection, the name of the individual and the relationship of the individual to the applicant or licensee;

(3) For a regulated place of business that is or will be under the control of an entity:

a. For inspections for initial licensure, the entity’s name as shown on the license application, together with the name of the entity’s authorized representative who is present at the inspection; or

b. For routine inspections, the name of the licensee as shown on the license, together with the name of the licensee’s authorized representative who is present at the inspection;

(4) The inspection checklist completed during the inspection;

(5) The name of the inspector who conducted the inspection;

(6) The date(s) the inspection was conducted; and

(7) Any additional analysis needed to establish whether the regulated place of business passed or failed the inspection.

(c) An applicant or licensee who disagrees with the final inspection report may file a written objection with the licensing bureau that:

(1) Identifies each finding or observation the applicant or licensee disagrees with; and

(2) For each, explains in detail each reason why the applicant or licensee disagrees.

(d) If an objection is filed pursuant to (c), above, the licensing bureau shall keep the objection in the applicant’s or licensee’s permanent file and make it available with the inspection report.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 403.10 Refusal to Allow Inspection {#sec-plc-403.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 403.10}

(a) If the applicant or licensee or other person in charge refuses to allow the inspector to enter and inspect the premises without good cause as described in (b), below, the inspector shall:

(1) Inform the individual of the obligation to allow the inspection;

(2) Advise the individual that:

a. If the inspection is a required part of a licensing process for initial licensure, the applicable rules require the application to be denied if the inspection is not completed; and

b. If the inspection is not related to a license application but is a routine inspection, the refusal to allow the inspection will result in a complaint being filed against the licensee for uncooperative behavior; and

(3) Request again to be allowed to enter and inspect the regulated place of business.

(b) Good cause to refuse to allow an inspector to enter and inspect the regulated place of business shall be limited to:

(1) Conditions being present that render the premises unsafe for human occupation, such as a gas leak or fire, or the presence of someone with a highly contagious disease; or

(2) A documented legal prohibition on entering the premises.

(1) Document the date and time of the refusal, the reason(s) given for the refusal if any, and the identity of the individual who refused to allow entry; and

(2) After returning to the office, either:

a. Inform the licensing bureau that the applicant failed the inspection, for an inspection required for an initial license; or

b. File a complaint against the licensee with the applicable board based on uncooperative behavior, for a routine inspection.

(d) If the individual denying entry is claiming that the premises are unsafe for human occupation, the inspector also shall:

(1) Document the specific condition(s) that have caused the premises to be unsafe; and

(2) Provide assistance in notifying emergency response personnel if such assistance is needed.

History

#14031, eff 8-15-24

Part Plc 404 Inspections Required for Initial Licensure

N.H. Code Admin. R. Ann. Plc 404.01 Purpose {#sec-plc-404.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 404.01}

The purpose of this part is to establish procedures and requirements that apply to inspections that are required as part of the process of obtaining an initial license.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 404.02 Timely Completion Required {#sec-plc-404.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 404.02}

(a) The applicant shall make all reasonable efforts, meaning all efforts that are rational and not extreme or excessive, to allow the inspection to be completed within 30 days of the initial contact to schedule the inspection, provided that in all cases, the applicant:

(1) Allows the inspection to be completed within 50 days of the initial contact to schedule the inspection; or

(2) Agrees in writing to an extension of the time limit established in RSA 541-A:29, II for the OPLC to make a decision on the application.

(b) If an inspection cannot be completed within 50 days of the initial contact to schedule the inspection due to the applicant’s lack of cooperation or other conduct that prevents the inspection from being initiated and completed and the applicant has not agreed to extend the deadline established in RSA 541-A:29, II, the inspector shall inform the licensing bureau that the regulated place of business has failed the inspection on that basis.

(c) If the regulated place of business fails the inspection based on refusing entry without good cause as provided in Plc 403.10(b), the applicant shall file a new license application if the applicant still wants to obtain a license.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 404.03 Conducting the Inspection {#sec-plc-404.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 404.03}

(a) The inspector shall conduct the inspection at the scheduled date and time, provided that if circumstances beyond the control of the inspector cause the inspector to not be able to conduct the inspection at the scheduled date and time, the inspector shall immediately contact the applicant to reschedule. The inspection shall be conducted within 5 working days, provided that if the applicant cannot be available due to circumstances beyond the control of the applicant, the inspection shall be scheduled as soon thereafter as is practicable.

(b) If the inspector arrives at the regulated place of business to be inspected at the scheduled date and time and the applicant is not present for reasons that are within the applicant’s control or the premises are otherwise not accessible by the inspector for other than good cause as provided in Plc 403.10(b), then the premises shall be deemed to have failed the inspection.

(c) While conducting the inspection, the inspector shall use the inspection checklist that has been developed for the specific profession to ensure that no items are missed and that any deficiencies identified are based on the board’s established requirements.

(d) If the inspector identifies a deficiency that can be corrected prior to the conclusion of the inspection, the inspector shall:

(1) Allow the applicant to correct the deficiency; and

(2) Note the deficiency and the correction on the inspection checklist.

(e) The inspector shall conduct a wrap-up meeting as specified in Plc 403.06 prior to leaving the premises, provided that if the applicant refuses to participate in the wrap-up meeting, the inspector shall note the refusal on the inspection checklist.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 404.04 Completion of Inspection Checklist and Inspection Report {#sec-plc-404.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 404.04}

The inspector shall complete the inspection checklist and compile an inspection report as provided in Plc 403.08 and Plc 403.09.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 404.05 Follow-Up to Failed Inspection for Initial Licensure {#sec-plc-404.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 404.05}

(a) If the regulated place of business fails an inspection required for initial licensure due to not meeting the requirements established in statute or in rules adopted by the applicable board, the applicant shall correct the deficiencies within the time frame agreed to by the applicant and the inspector in the wrap-up meeting, not to exceed the shorter of the amount of time remaining before the OPLC’s deadline under RSA 541-A:29, II or 14 days unless a DC plan is submitted as provided in Plc 403.07.

(b) If all deficiencies can be corrected within 14 days of the inspection, the applicant shall:

(1) Correct the deficiencies within 14 days; and

(2) Contact the inspector when all deficiencies have been corrected, not later than the first working day after the 14-day period allowed to correct the deficiencies, to arrange an in-person or virtual inspection to confirm the corrections.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 404.06 Grounds for Failed Inspection {#sec-plc-404.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 404.06}

(a) The inspector shall inform the licensing bureau that the regulated place of business failed the inspection if:

(1) The applicant agrees to submit a DC plan but fails to submit one within 14 days of the inspection and does not request additional time to submit it pursuant to (c), below;

(2) The applicant submits a DC plan that needs minor adjustments to be approved, but does not submit an adjusted plan within 10 days as required by Plc 403.07(c)(1);

(3) The applicant submits a DC plan that would need major changes to be approved and so is rejected pursuant to Plc 403.07(c)(2); or

(4) The applicant does not complete implementation of the approved DC plan on the approved time line, and does not request an extension to complete it pursuant to (e), below.

(b) If the regulated place of business fails the inspection based on any reason listed in (a), above, the applicant shall file a new license application if the applicant still wants to obtain a license.

(c) An applicant who has agreed to submit a DC plan who is prevented by reasons beyond the control of the applicant from submitting the plan within 14 days of the inspection may request additional time in which to submit the plan, by contacting the inspector in writing within 14 days of the inspection to:

(1) Explain the circumstances that have prevented the applicant from submitting the plan by the deadline; and

(2) Identify the date by which the plan will be submitted.

(d) The inspector shall agree to the extension if the need for the extension is based on reasons beyond the control of the applicant and the proposed filing deadline is reasonable based on the circumstances that necessitated the extension.

(e) An applicant who has received approval for a DC plan who is prevented by reasons beyond the control of the applicant from completing the work required in the time frames specified shall notify the inspector in writing within 5 days of determining that the plan cannot be implemented as approved to:

(1) Explain the circumstances that have prevented the plan from being implemented as approved; and

(2) Identify the date by which the plan will be completed.

(f) The inspector shall agree to the extended date if the need for the extension is based on reasons beyond the control of the applicant and the proposed completion deadline is reasonable based on the circumstances that necessitated the extension.

(g) For purposes of extending the deadline for submitting or completing a DC plan, “reasons beyond the control of the applicant” means circumstances that the applicant does not have the ability or authority to control, such as personal injury, damage to the premises due to vandalism or natural disasters, or the failure of materials, a contractor, or a permit to be obtained as planned through no action or inaction of the applicant.

History

#14031, eff 8-15-24

Part Plc 406 Procedures for Routine Inspections

N.H. Code Admin. R. Ann. Plc 406.01 Purpose and Applicability {#sec-plc-406.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 406.01}

(a) The purpose of this part is to establish procedures and requirements that apply to routine inspections, which are a vital component of ensuring that public health and safety are being protected.

(b) This part shall apply to all regulated professions.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 406.02 Conduct of Routine Inspections {#sec-plc-406.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 406.02}

(a) All routine inspections shall be:

(1) Scheduled as provided in Plc 403.02, unless the inspector is unable to make contact with the licensee to schedule the inspection after at least 3 attempts using the contact information on file for the licensee, in which case the inspection shall be conducted during the normal business hours of the regulated place of business; and

(2) Conducted in accordance with Plc 403.

(b) If the inspector has contacted the licensee to arrange a date and time for the inspection and the licensee is not present at the scheduled date and time for reasons that are within the licensee’s control, or the premises are otherwise not accessible by the inspector for other than good cause as provided in Plc 403.10(b), then:

(1) The premises shall be deemed to have failed the inspection; and

(2) The inspector shall file a complaint against the licensee for uncooperative behavior.

(c) The inspector shall use the inspection checklist that has been developed for the specific profession to ensure that no items are missed and that any deficiencies identified are based on the board’s established requirements.

(d) If the inspector identifies a deficiency that can be corrected prior to the conclusion of the inspection, the inspector shall:

(1) Allow the licensee to correct the deficiency; and

(2) Note the deficiency and the correction on the inspection checklist.

(e) The inspector shall conduct a wrap-up meeting as specified in Plc 403.06 prior to leaving the premises, provided that if the licensee refuses to participate in the wrap-up meeting, the inspector shall note the refusal on the inspection checklist.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 406.03 Completion of Inspection Checklist and Inspection Report {#sec-plc-406.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 406.03}

The inspector shall complete the inspection checklist and compile an inspection report as provided in Plc 403.08 and Plc 403.09.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 406.04 Follow-Up to Failed Routine Inspection {#sec-plc-406.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 406.04}

(a) If the regulated place of business fails a routine inspection due to not meeting the requirements established in statute or in rules adopted by the applicable board, the licensee shall correct the deficiencies within the time frame agreed to by the licensee and the inspector in the wrap-up meeting, not to exceed 14 days unless a DC plan is submitted as provided in Plc 403.07.

(b) If all deficiencies can be corrected within 14 days of the inspection, the licensee shall correct the deficiencies within 14 days and then:

(1) Send such information, including photographs, as is necessary to prove that the deficiencies have been corrected, or arrange for a virtual inspection, if doing so will be sufficient proof that the deficiencies have been corrected; or

(2) Request a reinspection and pay a new inspection fee, if the corrections cannot be proven by submitting photographs or other information or by a virtual inspection.

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 406.05 Grounds for Failed Routine Inspection {#sec-plc-406.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 406.05}

(a) A licensee who has agreed to submit a DC plan who is prevented by reasons beyond the control of the licensee from submitting the plan within 14 days of the inspection may request additional time in which to submit the plan, by contacting the inspector in writing to:

(1) Explain the circumstances that have prevented the licensee from submitting the plan by the deadline; and

(2) Identify the date by which the plan will be submitted.

(b) The inspector shall agree to the extension if the need for the extension is based on reasons beyond the control of the licensee and the proposed filing deadline is reasonable based on the circumstances that necessitated the extension.

(c) A licensee who has received approval for a DC plan who is prevented by reasons beyond the control of the licensee from completing the work required in the time frames specified shall notify the inspector in writing within 5 days of determining that the plan cannot be implemented as approved to:

(1) Explain the circumstances that have prevented the plan from being implemented as approved; and

(2) Identify the date by which the plan will be completed.

(d) The inspector shall agree to the extended date if the need for the extension is based on reasons beyond the control of the licensee and the proposed completion deadline is reasonable based on the circumstances that necessitated the extension.

(e) For purposes of extending the deadline for submitting or completing a deficiency correction plan, “reasons beyond the control of the licensee” means circumstances that the licensee does not have the ability or authority to control, such as personal injury, damage to the premises due to vandalism or natural disaster, or the failure of materials, a contractor, or a permit to be obtained as planned through no action or inaction of the licensee.

(f) The inspector shall file a complaint against the licensee based on failing the inspection if, as applicable:

(1) The licensee does not correct the violations and prove the violations have been corrected within the time frame agreed to pursuant to Plc 406.04;

(2) The licensee agrees to submit a DC plan as provided in Plc 403.07 but does not submit the plan and does not request more time in which to submit the plan in accordance with (a), above;

(3) The licensee submits a deficiency correction plan that needs minor adjustments to be approved as provided in Plc 403.07(c)(1), but does not submit a an adjusted plan within 10 days as required by that section;

(4) The licensee submits a deficiency correction plan that would need major changes to be approved and so is rejected pursuant to Plc 403.07(c)(2); or

(5) The DC plan submitted by the licensee is approved but the licensee does not implement the plan and does not request more time in which to implement the plan pursuant to (c), above.

Appendix A: State Statute(s) Implemented

Rules

State Statute(s) Implemented

Plc 400

RSA 310:6, II

Appendix B: Definitions

History

#14031, eff 8-15-24

N.H. Code Admin. R. Ann. Plc 102.02 Applicable board {#sec-plc-102.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.02}

N.H. Code Admin. R. Ann. Plc 102.03 Applicable law {#sec-plc-102.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.03}

“Applicable law” means the state and federal statute(s), rules, standing orders, and case law, if any, that apply to regulate a profession in New Hampshire.

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

N.H. Code Admin. R. Ann. Plc 302.16 Inspection assignment coordinator {#sec-plc-302.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.16}

“Inspection assignment coordinator” means any individual designated by the executive director to assign inspectors to conduct inspections.

N.H. Code Admin. R. Ann. Plc 102.21 Licensing bureau {#sec-plc-102.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.21}

N.H. Code Admin. R. Ann. Plc 102.33 Regulated profession {#sec-plc-102.33 omnilex-key=us-nh-regs-official--agency-plc--Plc 102.33}

Chapter Plc 500 Professionals’ Health Program

Part Plc 501 Purpose and Applicability

N.H. Code Admin. R. Ann. Plc 501.01 Purpose {#sec-plc-501.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 501.01}

(a) The purpose of this chapter is to implement a professionals’ health program (PHP) in accordance with RSA 310:5, III.

(b) The purpose of the PHP is to:

(1) Protect the public while providing assistance and monitoring to licensees so as to facilitate a return to productive service of highly trained professionals eligible to work in New Hampshire;

(2) Encourage licensee self-reporting, early intervention, and entry into treatment and monitoring; and

(3) Provide assessment, referral for treatment, and monitoring of licensees having impairing or potentially impairing conditions that could interfere with the licensee’s ability to practice with reasonable skill and safety, such as substance or alcohol use disorders, mental health conditions, behavioral health issues including disruptive behavior, or physical illness.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 501.02 Applicability {#sec-plc-501.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 501.02}

This chapter shall apply to:

(a) Any individual who is required by an applicable board to receive intervention or monitoring as a condition of receiving, renewing, or retaining a license, certification, registration, or other form of approval required by law to engage in a profession that is regulated by the applicable board;

(b) Any individual who recognizes the need to self-refer and seeks assistance from an approved provider without the knowledge of the applicable board; and

History

#13971, eff 7-1-24

Part Plc 502 Definitions

N.H. Code Admin. R. Ann. Plc 502.01 Applicable board {#sec-plc-502.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.01}

“Applicable board” means “applicable board” as defined in Plc 302.01, reprinted in Appendix B.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.02 Approved provider {#sec-plc-502.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.02}

“Approved provider” means an organization that has been approved by the executive director pursuant to Plc 503 to provide case-management services, coordinate continuing care, and document appropriate illness management for treatment and monitoring plans for licensees who have or who potentially have an impairment.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.03 Evaluative report {#sec-plc-502.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.03}

“Evaluative report” means a report that evaluates and reports on an approved provider’s services, that includes:

(a) Information on the number of participants who received services during the reporting period, the boards represented by the participants, and how many participants are known to the board and how many are not known to the board;

(b) Information on participant outcomes, such as the number or percentage, or both, of participants who completed a monitoring agreement, returned to work, relapsed, or otherwise did not comply with the participant’s program agreement;

(d) Any quality improvement measures implemented in the reporting period.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.04 Executive director {#sec-plc-502.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.04}

“Executive director” means the executive director of the OPLC or designee.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.05 Impairment {#sec-plc-502.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.05}

“Impairment” means a condition that could cause a licensee to be unable to practice the licensee’s profession in compliance with applicable professional standards and without an increased risk of harm to clients, colleagues, themselves, or the public. The term includes but is not limited to physical or mental illness including addiction to alcohol or other drugs, or diminished capacity from any cause.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.06 Known to the board (KTB) {#sec-plc-502.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.06}

“Known to the board (KTB)” as applied to a path or participant means the applicable board has ordered or agreed to a licensee’s participation in a program agreement as an alternative to discipline or a condition of discipline.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.07 License {#sec-plc-502.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.07}

“License” means “license” as defined in RSA 541-A:1, VIII, namely “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.” For purposes of this chapter, the term includes any similar form of approval to practice a regulated profession in any jurisdiction.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.08 Licensed health care provider {#sec-plc-502.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.08}

“Licensed health care provider”, for purposes of the definition of “program director”, means a New Hampshire licensee in a profession regulated by any of the following boards:

(a) Board of licensing for alcohol and other drug use professionals;

(b) Board of medicine;

(d) Board of mental health practice; or

(e) Board of psychology.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.09 Licensee {#sec-plc-502.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.09}

“Licensee” means an individual who holds, or who has applied for, an initial, renewal, or reinstatement license required by law to engage in a regulated profession.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.10 Not known to the board (NKTB) {#sec-plc-502.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.10}

“Not known to the board (NKTB)” as applied to a path or participant means an individual can seek guidance on, or assistance with finding, treatment for an impairment or potential impairment from an approved provider without the knowledge of the applicable board or any other regulatory authority. The term includes full participation in a program agreement without the knowledge of the applicable board.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.11 Participant {#sec-plc-502.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.11}

“Participant” means an individual who has agreed to a program agreement, whether the participation is known to the board or not known to the board.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.12 Person {#sec-plc-502.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.12}

“Person” means an individual or a legal entity, including but not limited to a for-profit or non-profit public or private corporation, limited liability corporation, general or limited partnership, professional corporation, and professional association. The term includes the duly-authorized representative of a legal entity.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.13 Personal identifiable information (PII) {#sec-plc-502.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.13}

“Personal identifiable information (PII)” means any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.14 Program agreement {#sec-plc-502.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.14}

“Program agreement” means a document that contains all terms and conditions the participant agrees to relative to expectations, notifications, and cooperation, as well as the recommended treatment/monitoring (T/M) plan if required under Plc 503.07, and the consequences for non-compliance with the terms of the program agreement, that is prepared by an approved provider in accordance with Plc 503.06 and, if applicable, Plc 503.07.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.15 Protected health information (PHI) {#sec-plc-502.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.15}

“Protected health information (PHI)” means any information in a medical record or designated record set that can be used to identify an individual and that was created, used, or disclosed in the course of obtaining or providing a health care service such as diagnosis or treatment.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.16 Program director {#sec-plc-502.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.16}

“Program director” means a licensed health care provider as defined in Plc 502.08 who:

(a) Is qualified by reason of education, skill, and experience; and

(b) Has been designated by an approved provider to administer one or more program agreements.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.17 Regulated profession {#sec-plc-502.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.17}

“Regulated profession” means “regulated profession” as defined in Plc 302.25, reprinted in Appendix B.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.18 Treatment/monitoring plan (T/M plan) {#sec-plc-502.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.18}

“Treatment/monitoring plan (T/M plan)” means a specific course of action tailored to the specific needs and circumstances of a participant who has been identified as having a treatable or modifiable condition, which may include education, intervention, ongoing care or treatment, or post-treatment monitoring, or any combination thereof. A T/M plan is a component of a program agreement for participants having a treatable or modifiable condition.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.19 Working day {#sec-plc-502.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.19}

“Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of holidays.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 502.20 Workplace monitor {#sec-plc-502.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 502.20}

“Workplace monitor” means a supervising professional identified in a program agreement who is charged with providing oversight of a licensee’s work performance and behavior in the workplace and who submits reports as provided in the program agreement.

History

#13971, eff 7-1-24

Part Plc 503 Approval of Providers; Applicable Standards

N.H. Code Admin. R. Ann. Plc 503.01 Providers Already Approved {#sec-plc-503.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 503.01}

The following organization shall be deemed to be an approved provider under this chapter:

(a) The New Hampshire Professionals’ Health Program, http://www.nhphp.org/, a New Hampshire-incorporated non-profit corporation.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 503.02 Requests to Approve Other Providers {#sec-plc-503.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 503.02}

(a) Any person who believes that an entity that is not listed in Plc 503.01 as an approved provider meets the standards in Plc 503.04 may request the executive director to approve the entity as an approved provider.

(b) The person requesting approval shall provide the following information to the executive director in writing:

(1) The requestor’s name, mailing address, daytime telephone number, and email address;

(2) The requestor’s relationship with the entity, such as a member of the entity’s board of directors or an individual who is otherwise affiliated with the entity;

(3) The full formal name of the entity as shown on the documents that created the entity, and each name under which the entity does business;

(4) The entity’s mailing address and the address of the entity’s physical location in New Hampshire;

(5) The legal form of the entity, such as a corporation or partnership, the jurisdiction in which the entity was formed, and the month and year of the entity’s formation;

(6) For any entity formed in a jurisdiction other than New Hampshire, the date on which the entity became authorized to do business in New Hampshire;

(7) The URL of the entity’s website;

(8) Whether the entity is a parent or subsidiary of, or is otherwise legally affiliated with, any organization that provides treatment or rehabilitation services, and if so the full legal name of each such organization and the specific relationship to the entity seeking approval;

(9) Whether the entity wants to be an approved provider for all regulated professions or only certain regulated professions, and if the latter, the profession(s) for which the entity wants to be an approved provider;

(10) An explanation of the entity’s qualifications and resources which clearly demonstrates that the entity meets the standards specified in Plc 503.04; and

(11) Any other information the requestor believes is relevant to the request.

(d) The signature provided pursuant to (c), above, shall constitute certification that:

(1) The information provided is true, complete, and not misleading to the best knowledge and belief of the signer; and

(2) The signer has been duly authorized by the entity to submit the request.

History

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N.H. Code Admin. R. Ann. Plc 503.03 Approval of Other Providers {#sec-plc-503.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 503.03}

(a) The executive director shall:

(1) Review the information submitted and verify the information to the extent possible;

(2) If the entity has identified one or more specific professions for which it wishes to be an approved provider, consult with the applicable board(s) for the identified profession(s); and

(3) If the entity has not identified one or more specific professions for which it wishes to be an approved provider, provide an opportunity for all boards to review and comment on the proposal.

(b) If any of the boards covered by (a), above, requests to meet with representatives of the entity, the executive director shall arrange for one or more meetings to take place to allow interested boards to meet with representatives of the entity.

(c) The executive director shall approve an entity as an approved provider if the information provided pursuant to Plc 503.02, as verified by the executive director and after the consultation(s) required by (a)(2) or (3), above, demonstrates that the entity meets the standards in Plc 503.04.

(d) The approval shall apply to the professions as specified in the approval request, subject to one or more exclusions if a board has concerns about the entity providing services to licensees in its profession that are based on objective evidence, such as reports from jurisdictions where the entity offers or has offered similar services, which shows that the approved provider should not provide services for a particular profession in New Hampshire.

(e) Upon approving an entity as an approved provider, the executive director shall:

(1) Provide a notice on the OPLC website in a location likely to be found by individuals who might be interested in the services offered by the organization that the entity has been approved as an approved provider; and

(2) Initiate a rulemaking under RSA 541-A to list the entity in Plc 503.01.

History

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N.H. Code Admin. R. Ann. Plc 503.04 Standards for Approved Providers {#sec-plc-503.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 503.04}

To qualify as an approved provider, an entity shall:

(a) Be a legally-constituted corporation, non-profit corporation, professional corporation, professional association, partnership, or other legal entity;

(b) Be in good standing and authorized to do business in New Hampshire and in the jurisdiction of its formation, if other than New Hampshire;

(1) More than merely incidental to the entity’s primary place of business in another jurisdiction; and

(2) Staffed with individuals who, if practicing in a regulated profession, are licensed to practice in New Hampshire;

(d) Not have any material financial interest in, or derive any material financial benefit from, any organization that provides treatment or rehabilitation services directly;

(e) Meet the program-related standards in Plc 503.05;

(f) Meet the program agreement standards in Plc 503.06;

(g) Meet the T/M plan requirements in Plc 503.07; and

(h) Meet the personnel-related criteria in Plc 503.08.

History

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To qualify as an approved provider, an entity shall:

(a) Maintain records that provide the information needed to compile an evaluative report and, if approved, provide quarterly evaluative reports to the executive director for review and distribution to the applicable board(s);

(b) Ensure there are staff at its New Hampshire location who have a working knowledge of insurance and self-pay treatment options locally, regionally, and nationally, for the types of treatment likely to be required in its program agreements;

(c) Have in place a policy and practice for periodic systematic evaluation of the services it offers that requires review of, and modifications to as necessary:

(1) Its program agreements as a whole;

(2) Individual components of program agreements, including but not limited to the treatment programs to which participants are referred;

(3) The non-therapeutic goals and objectives of facilitated meetings and the extent to which they are being met;

(4) Participation in and attendee reviews of any continuing education courses offered;

(5) What services are being requested by licensees; and

(6) Any other services or resources made available to participants and potential participants.

(d) Have a conflict of interest policy for officers, directors, committee members, executive staff, and volunteers acting on behalf of the provider to ensure that those in positions of responsibility or influence have no personal or outside financial, business, or professional interests or responsibilities that conflict with their duties to the provider that could create a bias or predisposition on an issue that may compromise the interests of the provider or unduly influence the treatment or monitoring of a participant;

(e) Require, to the maximum extent possible, that participants:

(1) Make full disclosure of all relevant facts to the program director; and

(2) Provide the program director with continuing, unrestricted access to any of the participant’s medical or other records that are relevant to the condition or conduct being addressed by the program agreement, exclusive of records pertaining to the participant’s clients or patients that contain PHI;

(f) Require a written program agreement for each participant that meets the requirements of Plc 503.06; and

(g) Not include in any advertising, informational website or brochure, or program agreement any language or representations to any person that explicitly or implicitly indicates that:

(1) The program director is an agent of the applicable board or is performing functions of the applicable board;

(2) Participation in the approved program will protect the participant against disciplinary action being taken by the applicable board; or

(3) The applicable board is financially or otherwise responsible for any aspect of the participant’s involvement in the program.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 503.06 Standards for Program Agreements {#sec-plc-503.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 503.06}

To qualify as an approved provider, an entity shall meet the following standards relative to its program agreements:

(a) A program agreement shall be developed for each participant based on the participant’s specific conditions and circumstances that contains specific and objectively-determinable requirements to be met by the participant that are designed to ensure safe practice and public safety;

(b) Each program agreement and any amendments or modifications thereto shall be in writing and signed by the participant and the program director; and

(1) Require the program director to keep detailed records of the participant’s involvement in all aspects of the program agreement;

(2) For KTB participants, require the program director to inform the applicable board within 2 working days of receiving verification of a participant’s non-compliance with any of the requirements contained in the participant’s program agreement;

(3) For NKTB participants, clearly inform the participant that the approved program shall report noncompliance by the participant with the terms of a program agreement to the applicable board only if the approved program determines there is clear and convincing evidence that not reporting the participant would jeopardize the health and safety of the public;

(4) Authorize and require the program director to maintain the confidentiality of records concerning the participant’s involvement in the program agreement except to the extent the records are released by the participant, provided that in cases where the participant’s noncompliance with one or more terms of the program agreement has been reported to the applicable board, only the confirmation of noncompliance documentation shall be released to the applicable board if requested by the applicable board;

(5) Require the program director to:

a. Except for NKTB participants, provide information regarding the participant’s compliance with the program agreement to the applicable board if requested for purposes of a pending or potential disciplinary proceeding; and

b. Except as relating to NKTB participants, cooperate with the applicable board in any disciplinary action undertaken by the applicable board that relates to the condition or conduct addressed by the participant’s program agreement; and

(6) If the program agreement for a specific participant addresses a treatable or modifiable condition of the participant, include a detailed T/M plan that contains the elements listed in Plc 503.07.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 503.07 Necessary Elements for Certain Program Agreements {#sec-plc-503.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 503.07}

As required by Plc 503.06(c)(6), a program agreement for a participant with a treatable or modifiable condition shall contain a T/M plan that includes the following:

(a) Identification of the assessment made and the condition diagnosed;

(b) A clear statement of the treatment required, including the frequency of treatment and the licensing requirements for each treatment provider;

(c) A clear statement of the details of any practice limitations that the participant has agreed to observe, independent of any license restrictions imposed by the applicable board, as well as:

(1) The circumstances under which the limitations will be removed; and

(2) The circumstances, such as a relapse, that will extend the limitations and the program agreement;

(d) For KTB participants, a requirement for the program director to report relapse or other noncompliance with the program agreement to the applicable board;

(e) Details of any required physical monitoring, such as testing for drugs or alcohol, included in the plan, the participant’s obligations thereunder, and the consequences of refusing to engage in testing or of positive test results;

(f) A clear statement of any continuing education requirements and, if applicable, the specific topics to be covered;

(g) A requirement for the participant to abstain from psychoactive substances that are not prescribed by the participant’s health care provider and pre‑approved by the program director;

(h) A requirement for the participant to participate in a monthly facilitated meeting with the approved program and other participants with emphasis on work stress mitigation and recovery topics;

(i) A requirement for the participant to submit a monthly self-assessment report;

(j) Identification of a community-based support group requirement based on diagnosis;

(k) Language that:

(1) Specifically describes any applicable employment requirements or limitations relative to hours, duties, and work settings; and

(2) Identifies the workplace monitor(s) and requires the monitor(s) to submit 30-day and quarterly reports to the program director;

(l) Requires full release collaboration and discussion between the program director and treatment providers and workplace monitors at all times; and

(m) Provides avenues for grievance if a participant disagrees with the terms or implementation of the program agreement.

History

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(a) To qualify as an approved provider, the entity shall:

(1) Ensure that each program director it engages for its treatment and monitoring programs:

a. Is licensed to practice in New Hampshire and carries professional liability coverage for the type of work to be done;

b. Has fully disclosed in writing any disciplinary action, including reprimand or restriction, taken against the individual by any licensing, certifying, or credentialing agency or professional society in any jurisdiction;

c. Has experience working with professionals in one or more of the professions to be served by the approved provider regarding drug and alcohol issues, behavioral health impairment, physical impairment, random testing, use and expertise with biologic specimen and toxicology testing, and intervention, interviewing, and monitoring;

d. Will adhere to applicable professional standards and ethical obligations at all times; and

e. Will be accessible to the participant at all reasonable times, wherein “reasonable” shall be determined in relation to the participant’s reason(s) for being subject to a program agreement; and

(2) Have in place policies and practices that:

a. Do not allow a program director or any treatment provider to be assigned to a participant’s case if there is any question of that individual’s objectivity, dependability, or commitment;

b. Require program directors to verify that any treatment provider who is included in a T/M plan meets the same standards as those established for program directors in (a), above; and

c. Disqualify an individual from serving as a program director or treatment provider for a particular program agreement if any discipline was for conduct similar in nature to the issues being monitored, if the discipline occurred within 5 years of the date the individual would provide services to the participant under the treatment and monitoring program.

(b) An approved provider may adopt more restrictive requirements than those set forth in (a), above, but shall not adopt less restrictive requirements.

History

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N.H. Code Admin. R. Ann. Plc 503.09 Establishment of NKTB Path {#sec-plc-503.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 503.09}

(a) An approved provider may develop an NKTB path for individuals who wish to obtain guidance on, or assistance with, treatment for an impairment or potential impairment without the knowledge of the applicable board.

(b) No records or reports relative to an NKTB participant’s involvement in a program agreement shall be provided to the applicable board by the approved program or anyone associated with the approved program, except as provided in the program agreement pursuant to Plc 503.06(c)(3) and (c), below.

(c) The approved program shall notify the applicable board of an NKTB participant’s noncompliance with the terms of a program agreement only if the approved program determines there is clear and convincing evidence that not notifying the board would jeopardize the health and safety of the public.

History

#13971, eff 7-1-24

Part Plc 504 Implementation of Professionals’ Health Program

N.H. Code Admin. R. Ann. Plc 504.01 Advertising by Approved Providers Allowed {#sec-plc-504.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 504.01}

An approved provider may advertise its approved status and that it is an appropriate vehicle for any licensee who:

(a) Has been directed to participate in a professionals’ health program by a disciplinary order from, or agreement with, an applicable board;

(b) Wishes to propose to an applicable board that participation in a professionals’ health program be considered by the applicable board in disposing of pending or potential disciplinary actions; or

History

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N.H. Code Admin. R. Ann. Plc 504.02 Use of Approved Providers {#sec-plc-504.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 504.02}

(a) Only program agreements that are offered by approved providers shall be recognized by an applicable board as an acceptable vehicle for coordinating rehabilitation and monitoring services for a licensee for purposes of disciplinary orders or other agreements between an applicable board and a licensee.

(b) Approval of a provider under Plc 503.03 shall not constitute approval of the appropriateness of a specific program agreement for any given licensee, which shall be determined by the approved provider based on the licensee’s specific circumstances.

History

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N.H. Code Admin. R. Ann. Plc 504.03 Licensee Participation in a Professionals’ Health Program {#sec-plc-504.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 504.03}

(a) Subject to (c) and (d), below, details of a licensee’s participation in a professionals’ health program shall not be disclosed to the applicable board unless:

(1) Such disclosures are required by the applicable board’s order that the licensee participate in a professionals’ health program; or

(2) The licensee:

a. Is on a KTB path and is in noncompliance with the terms of the program agreement; or

b. Requests such disclosure by motion or signed authorization.

(b) Individual program agreements, and motions requesting approval of such program agreements, shall be maintained as confidential except to the extent they are incorporated into public settlement agreements or disciplinary actions, or become evidence in disciplinary hearings in situations where noncompliance with the terms of the program agreement is relevant to the misconduct or disciplinary action at issue.

(c) Any NKTB licensee who is in compliance with the licensee’s program agreement may answer any question relating to physical or mental illness or substance abuse, or treatment therefor, in the negative on any license renewal application without repercussions.

(d) A licensee’s participation on an NKTB path shall not be disclosed by the approved provider or any representative thereof to the applicable board except as required by Plc 503.09(c), provided however that if the licensee is investigated by the applicable board after the licensee has entered an NKTB path, the licensee may request that the licensee’s participation be disclosed to the applicable board and agree to participate under a new program agreement that is known to the board.

History

#13971, eff 7-1-24

N.H. Code Admin. R. Ann. Plc 504.04 Obligations of Approved Providers; Termination of Approval {#sec-plc-504.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 504.04}

(a) Each approved provider shall continue to meet the standards specified in Plc 503.04 for so long as it offers services to New Hampshire licensees.

(b) If the executive director receives credible information that an approved provider is failing to meet one or more of the standards specified in Plc 503.04, the executive director shall commence an investigation in accordance with Plc 200.

(c) If the investigation conducted pursuant to (b), above, produces credible evidence that an approved provider is not meeting one or more applicable standards, the executive director shall:

(1) Notify the approved provider in writing of the standard(s) that are allegedly not being met;

(2) If the deficiencies that are alleged do not jeopardize the health, safety, and well-being of NH licensees or the public, allow the approved provider 30 days in which to cure the identified deficiencies; and

(3) Commence an adjudicative proceeding in accordance with Plc 206 to determine whether the approval should be suspended or revoked if:

a. An opportunity to cure is not required to be provided by (2), above; or

b. An opportunity to cure is provided but the deficiencies are not cured.

(d) If the proceeding conducted in accordance with (c), above, proves by a preponderance of the evidence that the failure to meet the standard(s) on which the proceeding was based did in fact occur, the executive director shall:

(1) Place the approved provider on probationary status if, for each standard not met:

a. The failure had no substantial potential to, and in fact did not, jeopardize the health, safety, and well-being of NH licensees or the public;

b. The failure was negligent or unknowing, such that additional attention to the standards and the provider’s policies and practices should help to ensure that it will not be repeated; and

c. The provider has not been the subject of an adjudicative proceeding for the same or a similar failure within the preceding 2 years; or

(2) Suspend the approval conditional on corrective actions being taken if:

a. Any failure had a substantial potential to, or actually did, jeopardize the health, safety, and well-being of NH licensees or the public;

b. For each standard not met, the failure was negligent or unknowing, such that additional attention to the standards and the provider’s policies and practices should help to ensure that it will not be repeated; and

c. The provider has not been the subject of an adjudicative proceeding for the same or a similar failure within the preceding 2 years.

(e) If an approved program is put on probationary status or if an approval is suspended pursuant to (d), above, the provider may request the probationary status to be removed or the approval to be reinstated, as applicable, after documenting that it has implemented new policies and procedures or modified its existing policies and procedures to minimize the likelihood that a failure to meet the standard(s) will recur.

(f) If the proceeding conducted in accordance with (c), above, proves by clear and convincing evidence that the failure to meet the standard(s) on which the proceeding was based did in fact occur, the executive director shall revoke the approval if, for any such failure:

(1) The failure was reckless or knowing;

(2) The failure resulted in harm to a licensee or the public; or

(3) The provider has been the subject of 3 or more adjudicative proceedings for the same or any similar failure within the preceding 2 years.

(g) If an approval is revoked pursuant to (f), above, the provider:

(1) Shall work with any licensees currently participating in a program agreement to transition them to another provider if possible; and

(2) Shall not apply again for approval under this chapter for at least one year from the date of the revocation.

(h) If the hearing conducted in accordance with (c), above, proves by a preponderance of the evidence that the failure to meet the standard(s) on which the proceeding was based did in fact occur, the executive director shall impose limitations on the scope of the approval to minimize the opportunities for the provider to commit additional or repeat failures or impose requirements for other corrective actions if:

(1) The failure had no substantial potential to, and in fact did not, jeopardize the health, safety, and well-being of NH licensees or the public;

(2) The failure was negligent or unknowing; and

(3) The provider has been the subject of one or more investigations that did not lead to action being taken under this section for the same or a similar violation within the preceding 2 years.

(i) If limitations on the scope of the approval are imposed pursuant to (h), above, the provider may request the limitations to be removed upon presenting proof to the executive director that:

(1) The provider has complied with all terms of the limitations for not less than 1 year; and

(2) The provider has implemented new policies and procedures or modified its existing policies and procedures to minimize the likelihood that a failure to meet the standard(s) will recur.

Appendix A: State Statutes Implemented

Rules

State Statutes Implemented

Plc 500

RSA 310:5, III; RSA 329:13-b; RSA 326-B:36-a; RSA 318:29-a

Appendix B: Incorporated Definitions

History

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N.H. Code Admin. R. Ann. Plc 302.01 Applicable board {#sec-plc-302.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.01}

“Applicable board” means the board that regulates the profession for which an application for initial or renewal licensure, reinstatement of licensure, or temporary licensure is made, or in which a disciplinary or non-disciplinary remedial proceeding is initiated, provided that for those professions for which the applicable board is advisory, the term means the executive director in consultation with the advisory board, and for any profession for which no board exists, the term means the executive director.

N.H. Code Admin. R. Ann. Plc 302.25 Regulated profession {#sec-plc-302.25 omnilex-key=us-nh-regs-official--agency-plc--Plc 302.25}

“Regulated profession” means an occupation or profession for which a license is required to be obtained from the OPLC prior to engaging in the occupation or profession in New Hampshire.

Chapter Plc 400 titled “Body Art Rules” was subsequently renumbered as Chapter Plc 600 as an editorial change during the process pursuant to RSA 541-A:15, I of preparing the rules in Document #13337 for certification by the Office of Professional Licensure and Certification (OPLC). The renumbering is part of a re-organization plan for rules under the prefix title “Plc” as submitted by the Executive Director of the OPLC to the Office of Legislative Services. The former rule numbers in Chapter Plc 400 are indicated in the source notes for the rules in Chapter Plc 600.

Part Plc 601 Purpose and Applicability; Sending Notices and Licenses; Incorporated Definitions

N.H. Code Admin. R. Ann. Plc 601.01 Purpose {#sec-plc-601.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 601.01}

The purpose of this chapter is to implement RSA 314-A relative to regulating the practices of body piercing, branding, and tattooing, by establishing requirements for:

(a) Obtaining and renewing a license to practice body piercing, branding, or tattooing;

(b) Regulating the practices of body piercing, branding, and tattooing, including establishing ethical and professional standards required to be met by each holder of a license; and

(c) Establishing the requirements and procedures for licensed cosmetologists and licensed estheticians to obtain a microblading certificate.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.01); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 601.02 Applicability {#sec-plc-601.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 601.02}

(a) This chapter shall apply to:

(1) Any individual who intends to practice or who does practice body piercing, branding, or tattooing in New Hampshire, except as provided in (b), below; and

(2) Any individual holding a NH license as a cosmetologist or esthetician who wishes to be authorized to perform microblading.

(b) As provided in RSA 314-A:4, the following individuals shall be exempt from licensing under this chapter:

(1) Any person licensed by the New Hampshire board of medicine; and

(2) Any person or facility that performs only soft-tissue ear lobe piercing.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.03); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.03)

N.H. Code Admin. R. Ann. Plc 601.03 Notifications; Issuance of Licenses {#sec-plc-601.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 601.03}

The office of professional licensure and certification (OPLC) shall send all notifications to applicants and licensees and all licenses issued pursuant to this chapter in accordance with Plc 301.03.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 601.04 Incorporated Definitions {#sec-plc-601.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 601.04}

All terms used in this chapter relative to procedures, applications, inspections, and fees that are defined in Plc 100, Plc 200, Plc 300, Plc 400, or Plc 1000 shall have the meaning specified in those chapters.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

Part Plc 602 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Plc 602.01 Advisory board {#sec-plc-602.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.01}

“Advisory board” means the advisory board of body art practitioners established pursuant to RSA 314-A:14.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 602.02 Applicant {#sec-plc-602.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.02}

“Applicant” means an individual who is seeking a license to practice body art, whether as an apprentice or a practitioner and whether an initial license or renewal license.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.03 Apprentice {#sec-plc-602.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.03}

“Apprentice” means an individual who is at least 18 years of age, who works under a qualified supervisor for the purpose of learning the practice of body art.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.04 Appropriate {#sec-plc-602.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.04}

“Appropriate” means suitable, fit, or proper, or as further defined by federal and state laws and regulatory requirements of professional accreditation.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.05 Autoclave {#sec-plc-602.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.05}

“Autoclave” means an apparatus for sterilizing tools and equipment that uses steam pressure to destroy all forms of microbial life, including highly resistant spores.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.06 Body art {#sec-plc-602.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.06}

“Body art” means physical body adornment by any of the following:

(a) Body piercing;

(b) Branding; or

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.07 Body piercing {#sec-plc-602.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.07}

“Body piercing” means “body piercing” as defined in RSA 314-A:1, I, namely, “the creation of an opening in human tissue, except piercing of the ear lobe, through which jewelry or other items are inserted.”

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.08 Branding {#sec-plc-602.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.08}

“Branding” means “branding” as defined in RSA 314-A:1, II, namely, “a permanent mark made on human tissue by burning with a hot iron or other instrument, excluding laser burning.”

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.09 Clean {#sec-plc-602.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.09}

“Clean” means to be free from dirt, stains, impurities, and foreign matter.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.10 Client {#sec-plc-602.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.10}

“Client” means any individual accepted for body art services.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.11 Cosmetic tattoo {#sec-plc-602.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.11}

“Cosmetic tattoo” means any process using a needle, scalpel, or bladed instrument to cut, inject underneath, or otherwise abrade the surface of the skin for the purposes of replicating makeup or cosmetics, with or without pigment. The term includes “permanent makeup” and “micropigmentation”.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.12 Establishment {#sec-plc-602.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.12}

“Establishment” means a location at which a licensed practitioner maintains a regular place of business for practicing body art.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 602.13 Infectious waste {#sec-plc-602.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.13}

“Infectious waste” means any:

(a) Liquid or semi-liquid blood;

(b) Items contaminated with blood that could release the blood in a liquid or semi-liquid state if compressed;

(d) Sharps that have been used or are otherwise contaminated.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.14 Initial license {#sec-plc-602.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.14}

“Initial license” means the first body art practitioner license an individual receives from the OPLC pursuant to RSA 314-A:2. The term does not include an apprentice license issued pursuant to RSA 314-A:3.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.15 Legal guardian {#sec-plc-602.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.15}

“Legal guardian” means an individual who, by legal appointment or by the effect of a written law, has been given custody of a minor or adult.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.16 License specialty {#sec-plc-602.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.16}

“License specialty ” means the specific category of services authorized by a license, such as body piercing, branding, or tattooing. The term includes “specialty ” and “body art specialty”.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.17 Licensee {#sec-plc-602.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.17}

“Licensee” means the individual to whom a practitioner license or apprentice license has been issued pursuant to RSA 314-A and Plc 600.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.18 Microblading {#sec-plc-602.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.18}

“Microblading” means the use of a hand tool, with pigment, to replicate the appearance of eyebrows on an individual.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 602.19 Practitioner {#sec-plc-602.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.19}

“Practitioner” means “practitioner” as defined in RSA 314-A:1, IV, namely, “a person who practices tattooing, body piercing, or branding”. The term includes “body artist” but excludes “apprentice”.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.20 Qualified supervisor {#sec-plc-602.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.20}

“Qualified supervisor” means a body art practitioner who has been licensed in New Hampshire pursuant to RSA 314-A:2 for a minimum of 5 years in the body art specialty(ies) being supervised, who is responsible for the supervision and performance of an apprentice.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.21 Spore testing {#sec-plc-602.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.21}

“Spore testing” means the use of bacterial spores provided by, and subsequently analyzed by, an independent laboratory or other testing facility to determine the efficacy of a sterilizing device.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

N.H. Code Admin. R. Ann. Plc 602.22 Tattoo {#sec-plc-602.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 602.22}

“Tattoo” means “tattoo” as defined in RSA 314-A:1, V, namely, “an indelible mark or figure fixed upon the surface of the body by the insertion of pigment under the skin or by the production of scars.”

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.02)

Part Plc 603 Advisory Board

N.H. Code Admin. R. Ann. Plc 603.01 Advisory Board Members Appointment and Qualifications {#sec-plc-603.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 603.01}

(a) As required by RSA 314-A:14, the executive director shall establish an advisory board of body art practitioners consisting of 3 members, who shall be licensed body art practitioners.

(b) As provided in RSA 314-A:14:

(1) Each member shall be appointed to a term of 3 years; and

(2) No member shall serve more than 2 consecutive full terms.

(1) Be currently licensed in New Hampshire when appointed and for the duration of the term; and

(2) Have actively practiced in New Hampshire for at least one year immediately preceding appointment to the advisory board.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 603.02 Advisory Board Officers {#sec-plc-603.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 603.02}

Annually, at the first meeting of the calendar year, the duly-appointed advisory board members shall elect, from among the advisory board members, a chair and a vice chair.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 603.03 Advisory Board Address and Contact Information {#sec-plc-603.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 603.03}

(a) The advisory board’s offices shall be at the offices of the OPLC, located as specified in Plc 103.03.

(b) All correspondence with the board shall be addressed as specified in Plc 103.03(d).

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 603.04 Meetings and Records of Advisory Board {#sec-plc-603.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 603.04}

(a) The advisory board shall meet at the call of the advisory board chair or the executive director.

(b) Meetings of the advisory board shall be held at the OPLC’s offices in Concord, NH, or in such location as the executive director determines will be most convenient for the largest number of anticipated attendees.

(d) Records of the advisory board shall be maintained by the executive director as required by RSA 91-A.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 603.05 Responsibilities of Advisory Board {#sec-plc-603.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 603.05}

(a) The advisory board shall have the responsibilities listed in RSA 314-A:14.

(b) If requested by the executive director based on a determination that the expertise of the advisory board members is needed, one or more members of the advisory board shall sit as part of a panel for an adjudicative hearing conducted pursuant to applicable provisions in Plc 200 and RSA 541-A.

(c) If requested by the executive director based on a determination that the expertise of the advisory board members is needed, the advisory board shall assist with an investigation commenced pursuant to Plc 204 relative to complaints and investigations.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

Part Plc 604 Apprenticeships

N.H. Code Admin. R. Ann. Plc 604.01 Application for Initial Apprentice License {#sec-plc-604.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 604.01}

(a) Any individual who wishes to engage in the practice of body art who does not meet the practitioner licensing requirements restated in Plc 605.01 shall apply for an apprentice license.

(b) Each applicant for initial apprentice license shall apply by complying with Plc 304.01, subject to the following:

(1) On or with the profession-specific supplement required by Plc 304.01(a)(3), the applicant shall provide the information and documentation required by Plc 604.02;

(2) No criminal records check shall be required;

(3) The fee shall be the application processing and licensing specified in Plc 1002.08, except that an applicant who is active military or a military spouse shall not pay the fee; and

(4) If the applicant wishes to apprentice in more than one specialty of body art, the applicant shall submit a separate application and separate application processing and licensing fee for each specialty.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.05); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.05)

N.H. Code Admin. R. Ann. Plc 604.02 Additional Documentation Required for Initial Apprentice License Application {#sec-plc-604.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 604.02}

In addition to the documentation required by Plc 304.04, an applicant for an initial apprentice license shall complete and submit an “Addendum to the Universal Application for Initial Licensure for Body Art Apprentices” dated 9/2026, and provide the following:

(a) The applicant’s name as it appears on the “Universal Application for Initial Licensure”; and

(b) The name, license number, mailing address, including city, state, and zip code, and telephone number of the qualified supervisor offering the apprenticeship program.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.05); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.05)

N.H. Code Admin. R. Ann. Plc 604.03 Processing of Applications for Initial License; Decisions {#sec-plc-604.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 604.03}

(a) Within 30 days of receipt of an application for initial license submitted pursuant to Plc 604.01, Plc 605.02, Plc 605.02, or Plc 610.07, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h) and the withdrawal provisions of Plc 304.07.

(c) After determining that an application is complete, the licensing bureau shall review the application in accordance with Plc 304.08.

(d) The licensing bureau shall make a decision and notify the applicant in accordance with Plc 304.09.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 604.04 Initial Apprentice Licenses: Issuance and Duration {#sec-plc-604.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 604.04}

Initial apprentice licenses shall:

(a) Expire 2 years from the date on which the license was issued unless a timely and complete renewal application is filed or the license is sooner:

(1) Suspended or revoked in accordance with Plc 311 or other applicable law;

(2) Expired or terminated pursuant to Plc 604.08; or

(3) Replaced with a body art practitioner license that is not an apprentice license; and

(b) Be subject to renewal if the apprentice has not completed all requirements for licensure as a practitioner.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 604.05 Challenging a Denial of Initial {#sec-plc-604.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 604.05}

Licensure; Challenging License Conditions. An applicant who wishes to challenge the denial of an application for initial apprentice licensure or who wishes to challenge any conditions included in the apprentice license shall do so as provided in Plc 304.10.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 604.06 Apprenticeship Requirements {#sec-plc-604.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 604.06}

(a) An apprenticeship for an initial body art practitioner license in a single body art specialty shall consist of:

(1) A minimum of 1500 hours of training under the supervision of a qualified supervisor;

(2) Completion of the training in a period of time no less than 12 months and no more than 24 months, unless the apprentice receives a waiver under Plc 211; and

(3) The instruction and demonstration by the qualified supervisor of the following tasks prior to the apprentice performing the task:

a. Setting up, breaking down, and maintaining workstations and equipment;

b. All tasks performed on clients;

c. Sterilization of reusable equipment and proper use of the autoclave; and

d. Disposal of waste products.

(b) An apprenticeship for additional body art specialty(ies) shall:

(1) Include a minimum of an additional 750 hours training in each additional license specialty;

(2) Be completed in no less than 6 months and no more than 24 months; and

(3) Include the instruction and demonstration by the qualified supervisor of each task unique to the additional license specialty prior to the apprentice performing the task, until the apprentice is proficient enough to perform such tasks under supervision only.

(d) Direct supervision shall mean that:

(1) The qualified supervisor is in the establishment and available to assist the apprentice at all times when the apprentice is practicing on a client; and

(2) The qualified supervisor is in the same room and observing at all times when the apprentice is practicing on a client until:

a. The apprentice has completed the first 750 hours of the apprenticeship, or the first 375 hours of an apprenticeship for an additional specialty; and

b. The qualified supervisor judges the apprentice to be competent to practice without the qualified supervisor’s continuous observation.

(e) Each qualified supervisor shall:

(1) Supervise no more than one apprentice at any time;

(2) Maintain a monthly record of the apprentice’s attendance that includes the following:

a. The month and year of the record;

b. The total number of hours of supervision completed; and

c. The signatures of the apprentice and qualified supervisor; and

(3) Submit each monthly record to the licensing bureau and provide a copy of the submitted record to the apprentice no later than the 15th day of the month immediately following the month the record is for.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly Plc 401.06); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.06)

N.H. Code Admin. R. Ann. Plc 604.07 Completion of Apprenticeships {#sec-plc-604.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 604.07}

(a) Subject to (b), below, an apprentice shall apply for a practitioner license in accordance with Plc 605.02 when the individual meets the requirements summarized in Plc 605.01, and include with the application a statement signed by the qualified supervisor certifying that the apprentice:

(1) Has completed the apprenticeship program, including completing all hours and tasks required by Plc 604.06;

(2) Practices in a manner that demonstrates competence in each of the following areas:

a. The obligations and responsibilities of licensees as specified in Plc 606.01 through Plc 606.04;

b. The standards of hygiene specified in:

Plc 606.05 relative to required infection control practices;
Plc 606.06 relative to client-specific hygiene requirements; and
Plc 606.07 relative to establishment hygiene requirements;

c. Prohibited practices as specified in Plc 606.08;

d. Ethical conduct standards specified in Plc 606.09;

e. Compliance with RSA 314-A and Plc 600;

f. The proper techniques and practices for sterilization of equipment using an autoclave, including the procedures for spore testing;

g. The potential adverse effects of the body art practices being performed;

h. The contraindications of body art;

i. Anatomy and physiology as related to body art;

j. Skin diseases and disorders as related to body art; and

k. After care instructions; and

(3) For all body piercing apprentices, the apprentice demonstrates a competence in the knowledge of the metals and forms of jewelry used.

(b) If the qualified supervisor fails or refuses to sign the required statement, the applicant shall submit with the application copies of the applicant’s copies of the monthly reports and an attestation that:

(1) The applicant has completed the apprenticeship program as described in (a)(1), above;

(2) The applicant requested the qualified supervisor to sign the statement; and

(3) The qualified supervisor either:

a. Failed to sign the statement after repeated requests by the applicant; or

b. Refused to sign the statement or demanded unreasonable compensation, including but not limited to money or personal or sexual favors, prior to signing the statement.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly Plc 401.06); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.06)

N.H. Code Admin. R. Ann. Plc 604.08 Changes in Qualified Supervisor; Termination of Apprenticeship {#sec-plc-604.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 604.08}

(a) If a qualified supervisor terminates an apprenticeship for any reason, the qualified supervisor shall notify the licensing bureau and the apprentice within 3 business days of the termination in writing that includes:

(1) The name and license number of the qualified supervisor;

(2) The name and license number of the apprentice;

(3) The name and address of the establishment where the apprenticeship is or was taking place; and

(4) Each reason for the termination of the apprenticeship.

(b) An apprentice whose apprenticeship ends due to the qualified supervisor’s inability to continue the supervision who wishes to continue as an apprentice shall submit a written notice of a change in qualified supervisor to the licensing bureau that:

(1) Explains the reason(s) for the change in qualified supervisor; and

(2) Is accompanied by a written statement signed by another licensed body art practitioner who meets the definition of “qualified supervisor”, by which the practitioner accepts the responsibility of continuing the supervision of the apprentice in accordance with Plc 604.06(a).

(c) In the event that an apprentice fails to file a notice of change in qualified supervisor as required by (b), above, then:

(1) Any hours worked prior to the apprentice notifying the licensing bureau of the new qualified supervisor shall not be credited towards the total needed to complete the apprenticeship; and

(2) The hours obtained under the prior qualified supervisor shall be credited toward the completion of a future apprenticeship in the same license specialty, subject to (d) through (f), below.

(d) Hours obtained under the prior qualified supervisor shall expire if not credited to another apprenticeship within 2 years.

(e) A qualified supervisor who believes that the hours obtained by an apprentice prior to the qualified supervisor terminating the apprenticeship should not be credited may submit an objection in writing to the licensing bureau that explains each reason why some or all of the hours should not be credited.

(f) If an objection is filed under (e), above, the OPLC shall initiate an adjudicative proceeding under Plc 200 to determine whether the hours will be credited.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly Plc 401.06); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.06)

N.H. Code Admin. R. Ann. Plc 604.09 Application for Renewal of Apprentice License {#sec-plc-604.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 604.09}

(a) The licensing bureau shall notify licensed apprentices whose license is expiring in accordance with Plc 308.03.

(b) A licensed apprentice who does not qualify for a practitioner license who wishes to renew an apprentice license who does not receive information about renewing from the licensing bureau shall contact OPLC customer support at CustomerSupport@oplc.nh.gov to obtain the necessary information.

(c) A licensed apprentice who wishes to continue the apprenticeship shall apply by complying with Plc 308.05, subject to the following:

(1) On or with the profession-specific supplement required by Plc 308.05(b)(2), the applicant shall provide the information and documentation required by (d), below;

(2) The applicant shall submit documentation of continuing education required by Plc 606.02 ;

(3) The fee shall be the application processing and licensing fee specified in Plc 1002.08, provided that an applicant who is active military or a military spouse shall not pay the fee; and

(4) If the applicant is applying to renew as an apprentice in more than one specialty, the applicant shall submit a separate application and application processing and licensing fee for each specialty being renewed.

(d) An applicant applying to renew as an apprentice shall submit the following information regarding the on-going apprenticeship(s) on the “Body Art Apprentice Addendum to the Universal Application for License Renewal” dated 9/2026:

(1) The name of the qualified supervisor;

(2) The qualified supervisor’s license number;

(3) The qualified supervisor’s telephone number;

(4) The qualified supervisor’s mailing address; and

(5) The applicant’s name as it appears on the “Universal Application for License Renewal”.

(e) Applications to renew an apprentice license shall be processed in accordance with Plc 308.09 through Plc 308.11.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

Part Plc 605 Initial Licensure

N.H. Code Admin. R. Ann. Plc 605.01 Qualifications for Licensure {#sec-plc-605.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 605.01}

To qualify for a practitioner license, an individual shall:

(a) Have either:

(1) Successfully completed an apprenticeship in each specialty in which a practitioner’s license is sought; or

(2) Been practicing body piercing, branding, or tattooing in another jurisdiction in compliance with the applicable statutes and rules of the jurisdiction for not less than 3 years; and

(b) Have completed a course approved by the executive director pursuant to Plc 609 in methods and techniques for the proper sterilization of instruments and materials used in body piercing, branding, or tattooing.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 605.02 Application for Initial Practitioner License {#sec-plc-605.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 605.02}

(a) Any individual who wishes to engage in the practice of body art shall file an application for a body artist license by complying with Plc 304.01, subject to the following:

(1) On or with the profession-specific supplement required by Plc 304.01(a)(3), the applicant shall provide the information and documentation required by Plc 605.03 and Plc 605.04;

(2) No criminal records check shall be required; and

(3) The fee shall be the application processing and licensing fee specified in Plc 1002.08, provided that an applicant who is active military or a military spouse shall not pay the fee.

(b) If the applicant is requesting licensure in more than one specialty of body art, the applicant shall submit a separate application and application processing and licensing fee for each specialty.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.04); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.04)

N.H. Code Admin. R. Ann. Plc 605.03 Additional Information Required for Initial Application {#sec-plc-605.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 605.03}

In addition to the information required by Plc 304.03, the applicant shall provide the following information:

(a) If qualifying based on Plc 605.01(a)(1), the following information for each qualified supervisor who supervised the applicant’s apprenticeship:

(1) The name, license number, mailing address, including city, state, and zip code, and telephone number of the qualified supervisor;

(2) The name, physical address, and telephone number of the each establishment at which the apprenticeship occurred; and

(3) The beginning date of the apprenticeship, the total number of hours of the apprenticeship, and the end date of the apprenticeship if it is no longer on-going; or

(b) If qualifying based on Plc 605.01(a)(2), the following information:

(1) The name of each jurisdiction and the name of each establishment in which the applicant has been practicing or has practiced the body art specialty in which New Hampshire licensure is sought;

(2) For each establishment identified pursuant to (1), above, the following:

a. The address of the establishment;

b. If applicable, the name and daytime telephone number of the qualified individual who supervised the applicant; and

c. The total amount of time spent working at that establishment as a body artist or apprentice body artist.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 605.04 Additional Documentation Required for Initial Application {#sec-plc-605.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 605.04}

In addition to the information and documentation required by Plc 304.04, the applicant shall submit:

(a) Proof of being 18 years old or older, in the form of an official government identification card showing date of birth or an official birth certificate;

(b) Documentation of the completion of a course in sterilization as required by RSA 314-A:2, III(d) and Plc 605.01(b); and

(c) Documentation that proves the applicant meets the applicable requirements for licensure specified in Plc 605.01(a) and (b).

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.04); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.04)

N.H. Code Admin. R. Ann. Plc 605.05 Initial Practitioner Licenses: Issuance and Duration {#sec-plc-605.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 605.05}

(a) The OPLC shall issue initial practitioner licenses in accordance with Plc 304.11.

(b) Initial practitioner licenses shall be valid as provided in Plc 304.12.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.09); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.09)

N.H. Code Admin. R. Ann. Plc 605.06 Challenging a Denial of Initial {#sec-plc-605.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 605.06}

Licensure; Challenging License Conditions. An applicant who wishes to challenge the denial of an application for initial licensure or who wishes to challenge conditions included in the license shall do so as provided in Plc 304.10.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 401.09); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 601.09)

Part Plc 606 Licensee Obligations and Responsibilities

N.H. Code Admin. R. Ann. Plc 606.01 Licensee Obligations to Notify {#sec-plc-606.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 606.01}

Each licensee shall comply with Plc 307.02 relative to required notifications, updates of contact information, and providing information on how complaints can be filed.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 606.02 Licensee {#sec-plc-606.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 606.02}

Responsibilities for Renewal, Including Continuing Education.

(a) Each licensee shall:

(1) Know when the licensee’s license is due to expire;

(2) Prior to applying for renewal, obtain:

a. Not less than 3 hours of continuing education for each year of the renewal period as required by RSA 314-A:5 and (c)-(d), below, for the first body art specialty held by the licensee; and

b. An additional 3 hours of continuing education per renewal period in each additional specialty in which the licensee is licensed; and

(3) File an application for renewal prior to the expiration of the current license in accordance with Plc 607 if the licensee wishes to continue to practice as a body artist in New Hampshire.

(b) Each licensee shall maintain documentation of the continuing education obtained in accordance with Plc 308.04, and shall be subject to the audit provisions of that section.

(c) Each licensee shall take one continuing education course covering blood-borne pathogens and the prevention of disease transmission in each 2-year renewal period.

(d) The remaining hours shall be in subject areas that relate to the practice of body art, including but not limited to:

(1) Basic first aid;

(2) Cardio-pulmonary resuscitation (CPR);

(3) Anatomy and physiology; and

(4) Skin diseases, disorders, and conditions.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 606.03 Licensee Obligations for Compliance with Applicable Law {#sec-plc-606.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 606.03}

(a) Each licensee shall maintain full compliance with RSA 314-A, Plc 300, and Plc 600.

(b) Each licensee shall perform body art only in a facility approved for use as a body art establishment in compliance with applicable town or city regulations.

(1) Perform body art only on individuals who present valid, government-issued identification to verify the individual’s identity; and

(2) Keep a photocopy, photograph, or scan of the identification provided or, if the client refuses to allow such photocopying, photographing, or scanning, require and retain a written acknowledgment signed by the client that the client’s identification was checked.

(d) Each licensee shall perform branding and tattooing only on individuals 18 years of age or older, as required by RSA 314-A:8.

(e) Each licensee shall perform body piercing of individuals under the age of 18 only in accordance with RSA 314-A:8 and Plc 600 by:

(1) Obtaining written consent for the piercing from the minor’s parent or legal guardian;

(2) Requiring the parent or legal guardian to provide photographic identification to verify the identity of the parent or legal guardian;

(3) Verifying evidence of the relationship of the parent or legal guardian to the minor through inspection of a birth certificate or court order;

(4) Preparing documentation that identifies the physical location of the piercing on the minor’s body;

(5) Ensuring the minor’s parent or legal guardian is physically present at all times during the procedure; and

(6) Maintaining the documentation required in (1)-(4) above for not less than 7 years or not less than one year past the minor’s 18th birthday, whichever is longer.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.02)

N.H. Code Admin. R. Ann. Plc 606.04 Licensee Obligations to Clients {#sec-plc-606.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 606.04}

(a) Each licensee shall disclose to each client the health risks and potential adverse effects of the procedure prior to beginning any procedure.

(b) Each licensee shall provide written and oral aftercare instructions applicable to the body art performed to each client, including but not limited to:

(1) Bandaging instructions;

(2) Skin care instructions;

(3) Appropriate clothing to wear during healing;

(4) Acceptable levels of exposure to ultra-violet light;

(5) Acceptable types of exposure to chlorinated and salt water;

(6) Appropriate use of skin care products; and

(7) Written guidelines regarding when to seek medical treatment if necessary.

(c) No licensee shall accept as a client any individual who appears to be under the influence of any substance described in (f), below.

(d) No licensee shall allow in a workspace where body art is being performed, the consumption by any practitioner, apprentice, client, or visitor of any substance described in (f), below.

(e) No licensee shall perform any body art while under the influence of any substance described in (f), below.

(f) Substances prohibited by (c) through (e), above, shall be any chemical substance, natural or synthetic, in an amount that impairs a licensee’s ability to practice body art or that impairs an individual’s decision-making ability, including but not limited to intoxicating beverages, controlled drugs, prescription drugs, over-the-counter drugs, and any herbal or other naturally psychoactive substances.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.02); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.02)

N.H. Code Admin. R. Ann. Plc 606.05 Required Infection Control Practices {#sec-plc-606.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 606.05}

Each licensee shall use the following infection control practices:

(a) The proper coverage of open wounds on the licensee at all times by an impermeable, tight-fitting bandage;

(b) The proper handling of infectious waste as required by Env-Sw 904;

(c) The use of an autoclave for sterilizing all instruments that are not purchased presterilized in sterile packets and all metals to be inserted by body piercers that is:

(1) Operated and maintained in accordance with the manufacturer’s requirements; and

(2) Subjected to spore testing not less frequently than once each month, with spore test records being retained for not less than 7 years;

(d) The storage of all instruments that have been sterilized pursuant to (c), above, in sterile packets and in a rigid case or storage cabinet while not in use;

(e) The storage of all ready-to-use needles and instruments that are purchased pre-sterilized in sterile packets and in a rigid case or storage cabinet while not in use and the retention of all documentation of sterilization from the manufacturer for not less than 7 years;

(f) The proper disposal of used needles in a sharps container that:

(1) Is puncture-resistant and leak-proof;

(2) Can be closed for handling, storage, transportation, and disposal; and

(3) Is labeled with the international biohazard symbol; and

(g) The prohibition of eating, drinking, the use of tobacco of any form, the use of vaping equipment of any kind, and the application of cosmetics by any individual present in the room while body art is performed.

History

(See Revision Note at chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly Plc 402.03); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.03)

N.H. Code Admin. R. Ann. Plc 606.06 Client-Specific Hygiene Requirements {#sec-plc-606.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 606.06}

(a) Prior to performing any service, the licensee shall:

(1) Wash the licensee’s hands with soap for a minimum of 20 seconds; and

(2) Dry the licensee’s hands with a disposable towel.

(b) The licensee shall use new, single-use needles for:

(1) The piercing of each individual; and

(2) The tattooing of each individual.

(d) The licensee shall thoroughly wash the area of skin to be tattooed, pierced, or branded with skin-appropriate cleanser using a new single-use sponge, gauze, or paper towel for the period of time required or recommended by the cleanser manufacturer’s directions.

(e) The licensee shall apply all ointments, creams, or jellies on the skin with sterile gauze, a single-use sterile tongue depressor, or a hand that is completely enclosed in a disposable, single-use glove.

(f) The licensee shall not use styptic pencils, alum blocks, or other solid or liquid styptics to check the flow of blood.

(g) The licensee shall thoroughly clean and disinfect each service area and related equipment after each client.

(h) The licensee shall ensure that any body piercing jewelry to be inserted into a newly-pierced area is:

(1) Made of steel, niobium, titanium, platinum, or solid 14k or 18k nickel-free white, yellow, or rose gold;

(2) Free of nicks, scratches, or irregular surfaces; and

(3) Sterilized prior to insertion.

History

(See Revision Note at chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly Plc 402.03); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.03)

N.H. Code Admin. R. Ann. Plc 606.07 Establishment Hygiene Requirements {#sec-plc-606.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 606.07}

The licensee shall practice in a clean and sanitary manner including only practicing in an establishment that has:

(a) An adequate supply of potable water;

(b) Adequate lighting;

(d) A toilet, a sink with hot and cold water, soap, and single-use disposable towels located in the establishment and accessible to the practitioner, apprentice, and client at all times.

History

(See Revision Note at chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly Plc 402.03); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.03)

N.H. Code Admin. R. Ann. Plc 606.08 Prohibited Practices {#sec-plc-606.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 606.08}

(a) No person shall practice body art in New Hampshire without holding an active New Hampshire body artist license.

(b) No person who is subject to this chapter shall:

(1) Engage in practices that are considered “surgery” as defined in RSA 329:1, including but not limited to implants under the skin and tongue splitting or forking, provided that superficial cuts or burns within the scope of a body art license shall be allowed;

(2) Engage in pigmentation or tattooing of the eye-ball; or

(3) Perform any practice constituting body art on any animal.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.04); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.04)

N.H. Code Admin. R. Ann. Plc 606.09 Ethical Conduct Standards {#sec-plc-606.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 606.09}

(a) Noncompliance with these ethical conduct standards shall constitute unprofessional conduct resulting in disciplinary proceedings pursuant to RSA 310:12 and Plc 311.

(b) A licensee shall:

(1) Comply with these ethical conduct standards;

(2) Comply with RSA 314-A, Plc 300, and Plc 600;

(3) Comply with any disciplinary orders issued by the executive director, including orders requiring the payment of fees or fines, within any time period specified;

(4) Deal with colleagues and clients with honesty and integrity;

(5) Maintain shop premises in a sanitary and hygienic manner;

(6) Not perform any service that is outside the scope of practice for the license that the licensee holds;

(7) Not misrepresent professional qualifications or credentials;

(8) Not aid or abet, directly or indirectly, the practice of any person who is not duly licensed;

(9) Not advertise claims that are misleading, untrue, or insupportable by fact;

(10) Use industry-appropriate products according to manufacturer’s directions;

(11) Respond within the time period specified to lawful inquiries from OPLC representatives;

(12) Maintain sexual boundaries by:

a. Refraining from any behavior that exploits the practitioner-client or practitioner-apprentice relationship in a sexual way; and

b. Avoiding any behavior that is sexual or sexually demeaning, or could be reasonably interpreted as such, even when initiated by or consented to by a client or apprentice;

(13) Hold confidential any information disclosed by the client regarding medical conditions;

(14) Not engage in hazing or sexual, verbal, or physical harassment of apprentices, clients, co-workers, or customers;

(15) Not discriminate based on any protected class of race, sex, sexual orientation, or gender identity; and

(16) Comply with all local, state, and federal labor laws.

History

(See Revision Note at chapter heading for Plc 600) #12622, eff 9-21-18; ss by #13187, eff 4-13-21 (formerly Plc 604.01); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 604.01)

Part Plc 607 License Renewal

N.H. Code Admin. R. Ann. Plc 607.01 Notification of Pending Practitioner License Expiration {#sec-plc-607.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 607.01}

(a) The licensing bureau shall notify licensees of pending practitioner license expiration in accordance with Plc 308.03.

(b) A licensee who wishes to renew who does not receive an application or information and instructions shall contact OPLC customer support at CustomerSupport@oplc.nh.gov to obtain an application or information and instructions.

(c) If an application for renewal is received by the OPLC after the expiration date of the license, the license shall be expired.

(d) A body art practitioner whose license has expired shall not practice body art in New Hampshire unless the license has been reinstated or a new license is obtained as provided in (e) and (f), below.

(e) A body art practitioner whose license has been expired for not more than one year who wishes to be reauthorized to practice body art shall apply for reinstatement of the license in accordance with Plc 312.02.

(f) A body art practitioner whose license has been expired for more than one year who wishes to be reauthorized to practice body art shall apply for initial licensure in accordance with Plc 605.02.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 607.02 Renewal of Body Art Practitioner License {#sec-plc-607.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 607.02}

(a) A licensed practitioner who wishes to maintain licensure in New Hampshire shall apply by complying with Plc 308.05, subject to the following:

(1) On or with the profession-specific supplement required by Plc 308.05(b)(2), the applicant shall provide the information and documentation required by Plc 607.04;

(2) Documentation of continuing education courses shall be submitted; and

(3) The fee shall be the application processing and licensing fee for renewal specified in Plc 1002.08, provided that an applicant applying who is active military or a military spouse shall not pay the fee.

(b) If the applicant is requesting licensure in more than one specialty, the applicant shall submit a separate application and application processing and licensing fee for each specialty.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.01); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.01)

N.H. Code Admin. R. Ann. Plc 607.03 Additional Information Required for License Renewal Application {#sec-plc-607.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 607.03}

(a) In addition to the information required by Plc 308.06, the applicant for renewal of a practitioner license shall provide the following information for each continuing education course taken by the applicant:

(1) The name of the course;

(2) The name and address of the course sponsor;

(3) The date(s) of the course;

(4) The number of continuing education hours claimed for the course; and

(5) The location where the course was presented.

(b) Submission of the information shall constitute the applicant’s attestation that the applicant has met all continuing education requirements.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.01); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.01)

N.H. Code Admin. R. Ann. Plc 607.04 Additional Documentation Required for License Renewal Application {#sec-plc-607.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 607.04}

In addition to the documentation required by Plc 308.07, the applicant for renewal of a practitioner license shall provide a copy of the course completion certificate for each continuing education course listed pursuant to Plc 607.03(a).

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 607.05 Processing of Renewal Applications; Decisions {#sec-plc-607.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 607.05}

(a) Within 30 days of receipt of an application for renewal submitted pursuant to Plc 604.09 or Plc 607.02, the licensing bureau shall process the application as provided in Plc 308.09.

(b) The application shall be subject to the abandonment and withdrawal provisions of Plc 308.10.

(c) The licensing bureau shall review complete applications and notify the applicant of its decision as provided in Plc 308.11 and RSA 541-A:29, II.

(d) The applicant shall be eligible for license renewal if the applicant:

(1) Has submitted a renewal application in accordance with Plc 604.09, or Plc 607.02, as applicable; and

(2) Meets the eligibility for renewal requirements of Plc 308.02.

(e) If the licensing bureau determines that the applicant has not demonstrated that all requirements to renew a license are met, the licensing bureau shall proceed in accordance with Plc 308.11(e)-(f).

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 607.06 Renewal {#sec-plc-607.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 607.06}

Licenses: Issuance and Duration.

(a) The OPLC shall issue body art practitioner licenses in accordance with Plc 308.13(a).

(b) Renewal licenses shall be valid as provided in Plc 308.13(b).

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 607.07 Challenging a Denial of {#sec-plc-607.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 607.07}

Registration Renewal; Challenging License Conditions. An applicant who wishes to challenge the denial of an application for license renewal or who wishes to challenge conditions included in the license shall do so in accordance with Plc 308.12.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

Part Plc 608 Procedures; Disciplinary Proceedings

N.H. Code Admin. R. Ann. Plc 608.01 Rules of Practice and Procedure {#sec-plc-608.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 608.01}

(a) The rules in Plc 200 and Plc 311 shall govern:

(1) The receipt of misconduct complaints and the investigation thereof;

(2) The conduct of disciplinary hearings and non-disciplinary remedial hearings;

(3) The imposition of license conditions;

(4) The assessment of administrative fines;

(5) Reciprocal discipline; and

(6) Rehearings and appeals.

(b) The rules in Plc 200 shall govern:

(1) The conduct of all other adjudicative and non-adjudicative proceedings;

(2) Waivers of rules;

(3) Voluntary surrender of licenses; and

(4) Any other procedures not included in this chapter.

History

(See Revision Note at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 403.01); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 603.01)

N.H. Code Admin. R. Ann. Plc 608.02 Procedures for Disciplinary and Non-Disciplinary Remedial Proceedings and Imposing License Conditions {#sec-plc-608.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 608.02}

The procedures in Plc 311 shall govern disciplinary and non-disciplinary remedial proceedings and imposing license conditions.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 608.03 Obtaining a License After Expiration, Suspension, or Revocation {#sec-plc-608.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 608.03}

(a) An individual whose license has expired or been suspended or revoked shall reobtain a license in accordance with Plc 312, subject to (b), below.

(b) The OPLC shall not issue a license to a body artist whose license was revoked or whose application was denied based on one or more of the violations listed in (c), below for:

(1) At least one year from the date the revocation or denial became final, for the first offense; and

(2) At least 3 years from the date the revocation or denial became final, for the second offense.

(1) Branding or tattooing on an individual under the age of 18 in violation of RSA 314-A:8, I;

(2) Performing body piercing on an individual under the age of 18 without the consent of that individual’s parent or legal guardian as required under RSA 314-A:8, II;

(3) Performing body piercing on an individual under the age of 18 without complying with all conditions other than consent of the parent or guardian specified in RSA 314-A:8, III and Plc 606.03(e); and

(4) Performing any prohibited act described in Plc 606.08.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.07); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.07)

N.H. Code Admin. R. Ann. Plc 608.04 Rehearings {#sec-plc-608.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 608.04}

and Appeals. Rehearings and appeals shall be in accordance with RSA 310:14 and Plc 206.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 608.05 Schedule of Administrative Fines {#sec-plc-608.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 608.05}

For purposes of RSA 310:12, I-a(e) and Plc 311.12, fines for violations of RSA 314-A and Plc 600 shall be imposed in accordance with the following schedule:

(a) For knowingly making any false statement or providing false information on any body artist application, the fine shall be $2,000;

(b) For falsification of a license to practice body art, the fine shall be $2,000;

(c) For advertising body art services in New Hampshire without a New Hampshire body art license, the fine shall be $2,000 per advertisement;

(d) For practicing body art in New Hampshire without a New Hampshire body art license, the fine shall be $2,000 per client served;

(e) For failure of a qualified supervisor to properly supervise an apprentice, the fine shall be $500 per failure that had the potential to harm any individual;

(f) For willfully failing to cooperate during an investigation, the fine shall be $2,000;

(g) For performing branding or tattooing on an individual under the age of 18, the fine shall be $2000 per underaged individual, per branding or tattoo;

(h) For performing body piercing on an individual under the age of 18 without the consent of that individual's parent or legal guardian as required by RSA 314-A:8 and Plc 606.03(e), the fine shall be $2,000;

(i) For performing any act prohibited by RSA 314-A:7, I or III or by Plc 606.08, the fine shall be $2,000; and

(j) For performing body art in a location that has not been approved for use as a body art establishment in accordance with Plc 606.03(b), the fine shall be $300 per day that clients are served in the unapproved location, to a maximum of $2,000.

History

(See Revision Note #1 at chapter heading for Plc 600) #12622, eff 9-21-18 (formerly Plc 402.08); ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 602.08)

Part Plc 609 Approved Courses for Proper Sterilization of Instruments and Materials

N.H. Code Admin. R. Ann. Plc 609.01 Purpose {#sec-plc-609.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 609.01}

The purpose of this part is to implement RSA 314-A:2, III(d) by:

(a) Identifying courses that are deemed approved by the executive director in methods and techniques for the proper sterilization of instruments and materials used in body piercing, branding, or tattooing; and

(b) Establishing a process by which licensees can request approval of alternate courses.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 609.02 Approved Courses {#sec-plc-609.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 609.02}

The following courses are deemed approved:

(a) “Bloodborne Pathogens for Tattoo Artists & Piercers (All States – Except CA, FL, MN)” offered by Biologix Solutions, LLC, available at https://blxtraining.com/course/bloodborne-pathogens-for-tattoo-artists-piercers/; and

(b) Any course that meets the requirements of OSHA’s Bloodborne Pathogens Standard, 29 CFR 1910.1030, for tattoo artists and piercers that is offered by:

(1) A NH-licensed health care facility;

(2) A college or post-secondary technical institution accredited by a regional or professional accrediting agency recognized by the U.S. Secretary of Education; or

(3) A professional association such as the Alliance of Professional Tattooists (APT), which can be contacted at https://safe-tattoos.com/, or the Association of Professional Piercers (APP), which can be contacted at https://safepiercing.org.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 609.03 Requests for Approval of Other Courses {#sec-plc-609.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 609.03}

(a) A licensee who has obtained, or would like to obtain, training in bloodborne pathogens that is not covered by Plc 609.02 may request a waiver under Plc 211 to allow the alternative training to be accepted.

(b) The executive director shall grant the requested waiver if the licensee demonstrates that the training:

(1) Meets the requirements of OSHA’s Bloodborne Pathogens Standard, 29 CFR 1910.1030, for tattoo artists and piercers;

(2) Is or was not less than 3 hours in length for an initial course or not less than 2 hours in length for a refresher course; and

(3) Will be or was taught by a licensed health care or body art professional who:

a. Has practiced under a body art practitioner license for not less than 5 years;

b. Has not less than 3 years of experience in teaching the specific course being offered, as documented by materials prepared for the prior course(s) by the individual or advertising or other informational material for the prior course(s) showing the individual as the instructor, or both; and

c. Has not been subject to any disciplinary action(s) in the past 5 years relating to sanitary practices.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

Part Plc 610 Microblading Certificates

N.H. Code Admin. R. Ann. Plc 610.01 Purpose and Applicability {#sec-plc-610.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.01}

(a) The purpose of this part is to implement RSA 314-A:2, IV relative to the microblading of eyebrows.

(b) This part shall apply to any individual who is not a licensed body art tattoo practitioner who wishes to engage in microblading.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.01)

N.H. Code Admin. R. Ann. Plc 610.02 Eligibility Requirements {#sec-plc-610.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.02}

To be eligible for a microblading certificate, an individual shall be a New Hampshire licensed esthetician or cosmetologist who has completed the following:

(a) Training that meets the requirements of Plc 610.03; and

(b) A course in the prevention of disease transmission and blood-borne pathogens.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.02)

N.H. Code Admin. R. Ann. Plc 610.03 Training Requirements {#sec-plc-610.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.03}

The training required by Plc 610.02(a) shall:

(a) Be at least 100 hours in length;

(b) Be provided by an instructor who is accredited by one or both of the following organizations:

(1) The American Academy of Micropigmentation (“AAM”); or

(2) The Society of Permanent Cosmetic Professionals (“SPCP”); and

(1) Instruction in the following areas:

a. Microblading fundamentals;

b. Color theory and design;

c. Pigment and ink;

d. Equipment including set-up and break-down procedures;

e. Contraindications of microblading;

f. Stretching the skin;

g. Depth;

h. Infection control;

i. Disinfection procedures; and

j. Aftercare; and

(2) Completion of a minimum of one set of eyebrows on each of 2 live models, exclusive of any model completed by the instructor, under the direct supervision of the course instructor.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.03)

N.H. Code Admin. R. Ann. Plc 610.04 Application for Initial Microblading Certification {#sec-plc-610.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.04}

(a) Any individual who wishes to engage in the practice of microblading who does not have a New Hampshire microblading certificate or a body art tattoo practitioner license shall file an application for initial microblading certificate in accordance with this section.

(b) Each applicant for an initial microblading certificate shall apply for a microblading certificate by complying with Plc 304.01, subject to the following:

(1) On or with the profession-specific supplement required by Plc 308.05(b)(2), the applicant shall provide the information and documentation required by Plc 610.05 and Plc 610.06;

(2) No criminal records check shall be required; and

(3) The fee shall be the application processing and licensing fee specified in Plc 1002.08, provided that an applicant who is active military or a military spouse shall not pay the fee.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.04)

N.H. Code Admin. R. Ann. Plc 610.05 Additional Information Required for Initial Microblading Certificate Application {#sec-plc-610.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.05}

In addition to the information required by Plc 304.03, the applicant for a microblading certificate shall provide:

(a) The number of the applicant’s active New Hampshire esthetics or cosmetology license;

(b) Relative to the microblading training received, the following:

(1) The name and address of the training provider;

(2) Whether the instructor was accredited by the American Academy of Micropigmentation (AAM) or the Society of Permanent Cosmetic Professionals (SPCP), or both;

(3) The date the training was completed; and

(4) The total number of hours of instruction received; and

(1) The name of the course;

(2) The name of the provider of the course; and

(3) The date the course was completed.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.04)

N.H. Code Admin. R. Ann. Plc 610.06 Additional Documentation Required for Initial Microblading Certificate Application {#sec-plc-610.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.06}

In addition to the documentation required by Plc 304.04, the applicant for a microblading certificate shall provide:

(a) A microblading training completion certificate that states the name and address of the training provider, the organization that accredited the training instructor, the date the training was completed, and the number of hours of training received; and

(b) Documentation of the completion of a course in the prevention of disease transmission and blood borne pathogens.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.04)

N.H. Code Admin. R. Ann. Plc 610.07 Challenging a Denial of Initial Certificate; Challenging License Conditions {#sec-plc-610.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.07}

An applicant who wishes to challenge the denial of an application for initial microblading certificate or who wishes to challenge conditions in the certificate shall so do in accordance with Plc 304.10.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 610.08 Microblading Certification {#sec-plc-610.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.08}

Validity; Eligibility for Renewal.

(a) An initial or renewal microblading certificate shall expire on the earlier of:

(1) Two years from the date of issuance; or

(2) The expiration of the certificate holder’s esthetics or cosmetology license.

(b) Once issued, the validity of the microblading certificate shall depend on the validity of the underlying esthetics or cosmetology license, such that if the underlying esthetics or cosmetology license expires or is suspended or revoked, the microblading certificate shall likewise expire or be suspended or revoked, as applicable, but shall be subject to reinstatement with the underlying license.

(1) Be a New Hampshire licensed esthetician or cosmetologist; and

(2) Complete not less than 3 hours of continuing education in microblading or prevention of disease transmission and blood-borne pathogens prior to submitting an application for renewal.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.05)

N.H. Code Admin. R. Ann. Plc 610.09 Application for Renewal of Microblading Certificate {#sec-plc-610.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.09}

The holder of a microblading certificate who wishes to renew the certificate shall apply by complying with Plc 308.05, and paying the fee for renewal as required by Plc 1002.08, provided that an applicant who is active military or a military spouse shall not pay the fee.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.05)

N.H. Code Admin. R. Ann. Plc 610.10 Additional Information Required for Microblading Certificate Renewal Application {#sec-plc-610.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.10}

In addition to the information required by Plc 308.06, the applicant for a microblading certificate shall provide the number of the applicant’s active New Hampshire esthetics or cosmetology license.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.05)

N.H. Code Admin. R. Ann. Plc 610.11 Additional Documentation Required for Microblading Certificate Renewal Application {#sec-plc-610.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.11}

In addition to the documentation required by Plc 308.07, the applicant for a microblading certificate shall provide documentation of all continuing education courses , including completion of at least 3 hours of continuing education in microblading or the prevention of disease transmission and blood-borne pathogens.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.05)

N.H. Code Admin. R. Ann. Plc 610.12 Processing of Microblading Certificate Renewal Applications; Decisions {#sec-plc-610.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.12}

The licensing bureau shall process and make decisions on applications for microblading certificates in accordance with Plc 308.09 through Plc 308.11.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 610.13 Challenging a Denial of Certificate Renewal; Challenging License Conditions {#sec-plc-610.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.13}

An applicant who wishes to challenge the denial of an application for renewal of a microblading certificate or who wishes to challenge conditions in the certificate shall so do in accordance with Plc 308.12.

History

#14631, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 610.14 Obligations and Responsibilities {#sec-plc-610.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.14}

of Microblading Certificate Holders.

(a) A microblading certificate holder shall:

(1) Use a handheld, non-powered microblading tool to perform services; and

(2) Not use any powered tool, such as a tattoo machine or tattoo pen, unless also licensed as a body art tattoo practitioner.

(b) Each microblading certificate holder shall comply with the following:

(1) All continuing education, renewal, and facility-related requirements that apply to the holder’s underlying cosmetology or esthetician license;

(2) Plc 307.02 through Plc 307.05 relative to licensee obligations;

(3) Plc 606.01 relative to licensee obligations to notify;

(4) Plc 606.04 relative to licensee obligations to clients;

(5) Plc 606.05 relative to required infection control practices; and

(6) Plc 606.06 relative to client-specific hygiene requirements.

(c) Microblading certificate holders shall perform microblading in facilities approved for use as body art establishments or in facilities licensed by the board of barbering, cosmetology, and esthetics.

(d) Microblading certificate holders shall use a new, single use microblading tool or blade insert for the microblading of each individual.

(e) Microblading certificate holders may perform microblading in the same room as where cosmetics are being applied and where eating and drinking are allowed, but shall have a separate workspace where the use of tobacco in any form and the use of vaping equipment is prohibited.

(f) Notwithstanding (b)(4), above, and Plc 606.05(a), microblading certificate holders shall bandage according to standards of the microblading industry.

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.07)

N.H. Code Admin. R. Ann. Plc 610.15 Initiation of Investigations; Disciplinary Proceedings {#sec-plc-610.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 610.15}

Investigations and disciplinary proceedings shall be conducted in accordance with Plc 310 and Plc 311.

APPENDIX

Rule

State Statute(s) Implemented

Plc 601.01

RSA 310:4, II(c); RSA 314-A:2

Plc 601.02

RSA 310:4, II(c); RSA 314-A:4

Plc 601.03

RSA 310:4, II(c)

Plc 601.04

RSA 310:4, II(c); RSA 314-A:1

Plc 602

RSA 310:4, II(c); RSA 314-A:1

Plc 603

RSA 314-A:14

Plc 604

RSA 310:4, II(c); RSA 314-A:3

Plc 605

RSA 310:4, II(c); RSA 314-A:2

Plc 606

RSA 310:4, II(c); RSA 314-A:6, I; RSA 314-A:7-8

Plc 607

RSA 310:4, II(c); RSA 310:8; RSA 314-A:5

Plc 608

RSA 310:4, II(d); RSA 310:8-12; RSA 314-A:7; RSA 314-A:9

Plc 609

RSA 310:4, II(c); RSA 314-A:2, III(d)

Plc 610

RSA 310:4, II(c); RSA 314-A:2, IV

History

(See Revision Note #2 at chapter heading for Plc 600) #13337, eff 1-27-22; ss by #14631, eff 9-21-26, EXPIRES: 9-21-36 (formerly Plc 605.08)

Chapter Plc 700 Electrologists

Part Plc 701 Purpose and Applicability

N.H. Code Admin. R. Ann. Plc 701.01 Purpose {#sec-plc-701.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 701.01}

The purpose of this chapter is to implement RSA 314 relative to regulating the profession of electrology, by establishing requirements for:

(a) Obtaining and renewing a license to practice electrology;

(b) Obtaining the reinstatement of a license to practice electrology that has lapsed, expired, or otherwise been rendered inactive or invalid;

(d) The approval of electrology schools in New Hampshire that are not accredited by one of the identified accrediting organizations.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 701.02 Applicability {#sec-plc-701.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 701.02}

This chapter shall apply to:

(a) Any individual who intends to practice or who does actually practice electrology in New Hampshire, except as excluded by RSA 314:1, III(a) or (b), reprinted in the definition of “electrologist” in Plc 702; and

(b) Any person who operates an electrolysis school in New Hampshire that is not accredited by one or more of the accrediting organizations specified in Plc 708.01 or who wishes to operate an electrolysis school in New Hampshire without obtaining accreditation by one or more of the accrediting organizations specified in Plc 708.01.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

Part Plc 702 Definitions

N.H. Code Admin. R. Ann. Plc 702.01 Advisory committee {#sec-plc-702.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.01}

“Advisory committee” means the electrology advisory committee created pursuant to RSA 314:2-a.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.02 American Electrology Association (AEA) {#sec-plc-702.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.02}

“American Electrology Association (AEA)” means the international nonprofit membership organization for permanent hair removal professionals, accessible at https://professionals.electrology.com/.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.03 Biological indicator test {#sec-plc-702.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.03}

“Biological indicator test” means a test of the efficacy of sterilization processes and equipment, which uses a commercially-prepared device with a known population of highly-resistant bacterial spores to test the efficacy of sterilization.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.04 Blend {#sec-plc-702.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.04}

“Blend” means electrolysis that combines alternating current electrolysis, also called thermolysis, and direct current electrolysis, also called galvanic.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.05 Didactic, live programming {#sec-plc-702.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.05}

“Didactic, live programming” means educational programming presented by an instructor or by a panel of instructors that is available to attendees at the time it is being originally presented. The term includes a program attended remotely using a computer or other audio-visual telecommunications equipment, provided the attendee has an opportunity during the program to ask questions about the material presented that are answered by the instructor(s).

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.06 ‘Electrology’ or ‘electrolysis’ {#sec-plc-702.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.06}

“‘Electrology’ or ‘electrolysis’” means “‘electrology’ or ‘electrolysis’” as defined in RSA 314:1, IV, namely “the process by which hair is removed from the normal skin by the application of an electronic current to the hair root by means of a needle or needles, whether the process employs direct electric current or shortwave alternating electric current.” The term includes “galvanic”, “thermolysis”, and “blend”.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.07 Electrology school {#sec-plc-702.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.07}

“Electrology school” means an institution of learning that has for its purpose, in whole or in part, the teaching of the theory, practice, and modalities of electrolysis.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.08 Epilation {#sec-plc-702.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.08}

“Epilation” means the removal of hair including the roots. Electrolysis is a method of epilation.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.09 Executive director {#sec-plc-702.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.09}

“Executive director” means the executive director of the office of professional licensure and certification (OPLC) or designee.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.10 Galvanic {#sec-plc-702.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.10}

“Galvanic” means electrolysis by direct current.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.11 Good standing {#sec-plc-702.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.11}

“Good standing” means that an electrologist has had no deficiencies for which an acceptable plan of correction has not been received and that no administrative action, such as imposition of administrative fines, denial of application, or suspension or revocation of license, has occurred or is pending.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.12 Impetigo {#sec-plc-702.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.12}

“Impetigo” means a surficial skin infection caused by bacteria such as staphylococci or streptococci.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.13 Inspector {#sec-plc-702.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.13}

“Inspector” means an individual authorized by the executive director to inspect offices and schools to determine compliance with RSA 314 and Plc 700.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.14 Intense pulsed light (IPL) {#sec-plc-702.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.14}

“Intense pulsed light (IPL)” means an intense pulse of electromagnetic radiation of many different wavelengths that penetrates to the dermis, or the second layer of skin, without harming the epidermis, or top layer of skin. In this chapter, the term refers only to the use of IPL to remove hair and not to any of the other uses of IPL.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.15 IPL device {#sec-plc-702.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.15}

“IPL device” means a device that uses IPL to remove hair.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.16 Office {#sec-plc-702.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.16}

“Office” means “office” as defined in RSA 314:1, V, namely “the place of business kept open solely for the business of electrology, or where equipment and facilities for the practice of electrology for compensation are available, as may be authorized by the executive director.”

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.17 Plan of correction {#sec-plc-702.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.17}

“Plan of correction” means a written representation of a revised policy or practice that reflects how an electrologist will correct a violation of, and come into compliance with, Plc 700 or RSA 314 or such analogous requirements as apply in the jurisdiction asked to provide confirmation of good standing.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.18 Reciprocity {#sec-plc-702.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.18}

“Reciprocity” means the recognition of the validity of another jurisdiction’s licensing requirements as being equivalent to or greater than that of New Hampshire’s.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.19 Routine inspection {#sec-plc-702.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.19}

“Routine inspection” means an inspection that is not undertaken to investigate a complaint or other information received by the OPLC suggesting that conditions do not meet requirements.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.20 Thermolysis {#sec-plc-702.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.20}

“Thermolysis” means electrolysis by alternating current.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.21 Treatment {#sec-plc-702.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.21}

“Treatment” means electrology or IPL services.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 702.22 Working day {#sec-plc-702.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 702.22}

“Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of holidays.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

Part Plc 703 Advisory Committee

N.H. Code Admin. R. Ann. Plc 703.01 Appointment of Advisory Committee Members {#sec-plc-703.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 703.01}

(a) As required by RSA 314:2-a, the executive director shall appoint 3 electrologists who are licensed in New Hampshire to serve on the advisory committee.

(b) Each of the licensed electrologists appointed to the advisory committee shall:

(1) Have at least 3 consecutive years of experience as an electrologist in New Hampshire; and

(2) Not practice electrology from the same office as, or otherwise be a business associate of, any other current advisory committee member.

(c) After the initial appointments to create staggered terms, and as provided in RSA 314:2-a, each advisory committee member shall:

(1) Be appointed to serve a 3-year term; and

(2) Hold office until a successor is appointed.

(d) As provided in RSA 314:2-a, no advisory committee member shall be appointed for more than 3 consecutive terms.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 703.02 Meetings of Advisory Committee {#sec-plc-703.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 703.02}

(a) The advisory committee shall meet at the call of the executive director.

(b) Meetings of the advisory committee shall be held at the OPLC’s offices in Concord, NH, or in such other location as the executive director determines will be most convenient for the largest number of anticipated attendees.

(d) Records of the advisory committee shall be kept by the OPLC as required by RSA 91-A.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 703.03 Responsibilities of Advisory Committee {#sec-plc-703.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 703.03}

(a) The advisory committee shall have the responsibilities established in RSA 314:2-a.

(b) If requested by the executive director, members of the advisory committee shall sit as part of a panel for an adjudicative hearing conducted pursuant to applicable provisions in Plc 200 and RSA 541-A.

(c) If requested by the executive director, the advisory committee shall assist with an investigation commenced pursuant to RSA 314:9.

PART 704 INITIAL LICENSURE

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 704.01 Initial License Application Submission {#sec-plc-704.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 704.01}

(a) Any individual who wishes to engage in the practice of electrolysis in New Hampshire who does not hold a current New Hampshire electrology license shall file an application for an electrologist license in accordance with this section.

(b) An applicant for licensure as an electrologist shall complete and submit an “Application for State of New Hampshire License to Practice Electrology” form, dated September 2022, that includes the following:

(1) Whether the application is for an initial license or a license by reciprocity;

(2) Information identifying the applicant, as follows:

a. First name, middle name, and last name;

b. Month, day, and year of birth;

c. Social security number as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);

d. Home mailing address;

e. Home or other personal telephone number including area code; and

f. Personal email address;

(3) The name and address of the electrology school attended, dates attended, and the total number of hours of instruction received;

(4) If known, the approximate date the applicant wishes to begin practice in New Hampshire;

(5) The name of each jurisdiction where the applicant holds or held a license, certificate, registration, or any other form of approval required to practice electrolysis and, for each, the following:

a. The license number;

b. The number of years the applicant was licensed; and

c. The status of the license or certificate, including whether a license was denied or is active, suspended, or revoked;

(6) The name, physical address, and telephone number including area code of the office where the applicant intends to work and, if available, the URL of the office’s website and the office’s email address;

(7) Transcripts from the electrology school from which the applicant graduated to verify that the applicant has completed 1,100 hours of education as required by Plc 704.03(b)(2);

(8) At least 2 affidavits of professional character from professional associates in the format provided with the application, provided that if the applicant graduated less than one year prior to the time of application, affidavits from faculty members of the electrology school may be submitted;

(9) If the applicant previously held a license in New Hampshire that was revoked, the plan of correction required by Plc 706.02(d); and

(10) The applicant's dated signature under the following pre-printed statement:

“By my signature, I attest full compliance with RSA 314 and all corresponding New Hampshire rules and that the information and documentation provided are true, complete, and not misleading to the best of my knowledge and belief. I understand that knowingly providing information that is false or misleading may be grounds for denial, suspension, or revocation of a license.”

(c) The applicant shall submit the completed application to the executive director with the application processing fee specified in Plc 1002.

(d) If the application is denied in accordance with Plc 704.03, the application processing fee shall not be refunded to the applicant.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 704.02 Licensure By Reciprocity Application Submission {#sec-plc-704.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 704.02}

(a) An applicant who holds a license or registration from another state whose licensing requirements are equivalent to or greater than those specified by RSA 314 and Plc 700 may apply for licensure by reciprocity.

(b) An applicant for licensure by reciprocity shall complete and submit an “Application for State of New Hampshire License to Practice Electrology” form, dated September 2022, that includes the following:

(1) The information and signature required by Plc 704.01(b);

(2) Information from each jurisdiction in which the applicant is licensed or registered to practice electrolysis to show that the applicant is licensed or registered in that state and that the license or registration is in good standing, specifically the following:

a. The applicant’s license number in that jurisdiction, the date the license was issued, and the expiration date of the license;

b. Whether the individual was licensed through application and examination or application and reciprocity;

c. Whether the individual maintained compliance with the jurisdiction’s requirements for electrologists, to the knowledge and belief of the individual providing the information and, if not, an explanation of each deviation; and

d. Whether any administrative actions were taken against the individual’s license and, if so, an explanation of each such action; and

(3) Proof that the applicant passed a written examination and a practical examination, as required by the state in which the applicant is licensed, that are substantially equivalent to the examinations described under Plc 704.06 and Plc 704.07.

(c) The applicant may use the templates provided with the application to authorize the release of information to the OPLC and to send to the jurisdiction for completion, or may use templates or formats provided by the jurisdiction from which the information is requested.

(d) The applicant shall submit the completed application to the executive director with the application processing fee specified in Plc 1002.

(e) If the applicant meets the requirements of (a) through (d), above, the applicant shall be exempt from taking the examinations required by Plc 704.05.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 704.03 Processing of Applications; Criteria for Approval {#sec-plc-704.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 704.03}

(a) Within 30 days of receipt of an application submitted pursuant to Plc 704.01 or Plc 704.02, the executive director shall either:

(1) Accept the application as being complete; or

(2) Notify the applicant in writing sent to the personal email address provided on the application that the application is incomplete, and specify:

a. What the applicant needs to submit to complete the application; and

b. The deadline for submitting the information, which shall be not sooner than 20 days from the date of the notice.

(b) The executive director shall issue a license to any applicant who:

(1) Has submitted an application that meets the requirements of Plc 704.01 or Plc 704.02, as applicable;

(2) As required by RSA 314:3, III(c), has attained not less than 1,100 hours of education in a curriculum that meets the requirements of Plc 708.02(a)-(e);

(3) Has complied with the examination requirements of Plc 704.05, unless exempt from taking the examinations pursuant to Plc 704.02(e);

(4) Has not engaged in an action that would result in denial pursuant to RSA 314:6, reprinted in Appendix B; and

(5) Has demonstrated good professional character as required by RSA 314:3, III(e), as evidenced by the answers to the questions in the application and the affidavits submitted.

(c) The executive director shall notify the applicant of the decision on the application in writing sent to the personal email address provided on the application.

(d) If the executive director determines that the applicant has not demonstrated that all requirements to obtain a license are met and so denies the application, the notice sent pursuant to (c), above, shall inform the applicant that if the applicant wishes to challenge the decision, the applicant shall request a hearing in writing within 30 days, as provided in RSA 314:7, II.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 704.04 Initial {#sec-plc-704.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 704.04}

Licenses.

(a) Each initial license to practice electrolysis issued by the executive director shall specify:

(1) The name of the licensee;

(2) The effective date of the license; and

(3) The license number.

(b) The licensee shall display the current license so as to be visible to clients in the office.

(d) Licenses issued pursuant to this chapter shall be effective for 2 years unless sooner suspended or revoked pursuant to Plc 706.02.

(e) Initial licensees who will not be practicing at an office that has already been inspected shall allow an inspector to conduct an office inspection prior to opening the office to ensure compliance with Plc 707.01.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 704.05 Examinations For Initial License {#sec-plc-704.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 704.05}

(a) Each applicant applying for an initial license as an electrologist shall take and pass a written examination as provided in Plc 704.06 and a practical examination as provided in Plc 704.07.

(b) Applicants shall apply to take the examinations directly to the third-party testing organization(s), including paying the fee(s) charged by the organization(s).

(c) Any applicant who fails the written examination or practical examination, or both, who wishes to pursue licensure in New Hampshire may retake the examination(s) once under the same initial application. If the applicant does not pass the examination(s) on the second try, the applicant shall recommence the application process by filing an application for initial licensure as provided in Plc 704.01.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 704.06 Written Examination {#sec-plc-704.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 704.06}

(a) Each applicant for an initial license shall take and pass:

(1) The International Board of Electrologist Certification (IBEC) state licensing examination administered by the third-party organization under contract to the OPLC to administer the exam; or

(2) The American Electrolysis Association examination for professional certification as an electrologist.

(b) The written examination shall cover the following topics:

(1) Anatomy and physiology of skin and hair;

(2) Infection prevention, including:

a. Handwashing and use of gloves;

b. Cleaning and sterilization of instruments;

c. Cleaning and disinfection of items, and other safety precautions;

d. Environmental prevention and housekeeping;

e. Client considerations;

f. Hepatitis B (HBV) vaccination;

g. Follow-up procedures for potential exposures to HBV, HIV, and other blood-borne pathogens; and

h. Transmittable diseases;

(3) Clinical observation and applications, including:

a. Health history;

b. Evaluation and assessment;

c. Explanation of infection prevention and electrology procedures;

d. Treatment plan/referral;

e. Informed consent;

f. Client concerns/anxieties;

g. Sensitivity/tolerance level;

h. Positioning, draping, lighting, and magnification;

i. Skin preparation;

j. Selection of modality, instruments, needle, and forceps;

k. Insertions;

l. Balancing time and intensity;

m. Response to treatment;

n. Antisepsis of treated area;

o. Home-care instruction; and

p. Documentation;

(4) Electrical operations, including:

a. Electrolysis by galvanic, direct current (DC);

b. Thermolysis by shortwave, high frequency, alternating current (AC);

c. Blend by combination of DC and AC; and

d. Basic principles of electricity;

(5) Equipment and supplies, including proper use and maintenance of equipment; and

(6) Professional, ethical, and legal considerations, based on the AEA Standards of Practice for Electrologists, available at https://professionals.electrology.com/be-an-electrologist/standards-of-practice.html.

(c) To pass the written examination, the applicant shall correctly answer 70 percent or more of the questions, or the percentage established by the AEA/IBEC if higher.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 704.07 Practical Examination {#sec-plc-704.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 704.07}

(a) The practical examination shall be administered by a third-party testing organization under contract to the OPLC to administer the exam.

(b) For the practical examination, the applicant shall provide a subject on which to demonstrate the electrolysis treatment and all electrology equipment needed if required by the third-party testing organization administering the exam.

(d) Each applicant shall be observed twice throughout the examination by each individual who is administering the examination in the performance of an electrolysis treatment on his or her subject.

(e) Each applicant shall have a 30-minute block of time for being tested.

(f) The examiner(s) shall watch the set-up, treatment, after-treatment care, and break-down of equipment and materials for each applicant.

(g) The practical examination shall test each skill as set forth in Table 700.1 below:

Table 700.1 Practical Examination Skills

Category

Skill

Standard Practices

Washing or sanitizing of hands and wearing gloves in good condition in accordance with Plc 707.03(c) through (f)

Completed case or medical history card available for review

Provides eye shields in accordance with Plc 707.03(b)(1)

Uses pillow and table coverings appropriately

Disposes of hair in sanitary way once removed from follicle

Proper disposal or cleaning of treatment items in accordance with Plc 707.04

Needles

Uses appropriate needle size for facial/body area and hair type

Needle kept clean and in good condition in accordance with Plc 707.03(g) and (h)

Insertion

Demonstrates proper stretching

Does not pierce the skin

Is at a proper angle and depth

Intensity/Timing/Epilation

Results

Current set to prevent any damage to the surface of the skin

Current set strong enough to release hair with bulb intact

Timing set properly for hair and bulb to be removed intact

Hair, including the bulb, is released from the follicle without any signs of pulling

(h) The skills demonstrated by each applicant, as set forth in Table 700.1, above, shall be evaluated and scored as follows:

(1) Each skill demonstrated with consistent accuracy shall be scored with 6 points;

(2) Each skill demonstrated without consistent accuracy shall be scored with 4 points;

(3) Each skill demonstrated incorrectly shall be scored with 2 points; and

(4) Each skill demonstrated with potential for harming the client, or not demonstrated at all, shall be scored with 0 points.

(i) A passing score on the practical examination shall be at least 74 points out of a possible 90 points.

(j) The applicant’s final score on the practical examination shall be an average of the total scores given by each examiner, if more than one individual administers the examination.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

Part Plc 705 Renewals; Continuing Education

N.H. Code Admin. R. Ann. Plc 705.01 Application for Renewal of Electrologist License {#sec-plc-705.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 705.01}

(a) At least 60 days prior to the expiration of an electrology license, the executive director shall:

(1) Notify, via email sent to the personal email address of record, each licensee whose license is expiring that the license is due to expire; and

(2) Include with the written notice a registration code for the licensee to use to renew on-line.

(b) If a licensee does not receive a registration code as provided in (a), above, the licensee shall contact the OPLC to obtain a registration code.

(c) If the licensee wishes to renew, the licensee shall submit to the executive director, using the on-line system available at https://forms.nh.gov/license/Login.aspx, at least 30 days prior to the expiration of the license, the following:

(1) The information and certification specified in Plc 705.03;

(2) Proof of having met the continuing education requirements of Plc 705.06 as provided in Plc 705.03(b);

(3) Copies of the results of each biological indicator test performed during the licensing period as required by Plc 707.06, obtained throughout the licensing period; and

(4) The renewal application processing fee specified in Plc 1002.

(d) The renewal application processing fee shall not be refundable.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 705.02 Processing of Renewal Applications {#sec-plc-705.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 705.02}

(a) Within 30 days of receipt of an application submitted pursuant to Plc 705.01, the executive director shall accept the application as being complete or notify the applicant in writing sent to the personal email address provided on the application that the application is incomplete, specifying what the applicant needs to submit to complete the application.

(b) An application for renewal shall be approved if:

(1) The application contains all the information and certification required by Plc 705.03(a) and the documentation of continuing education required by Plc 705.03(b);

(2) The applicant is in compliance with Plc 700 and RSA 314;

(3) The applicant has not engaged in an act that would result in denial pursuant to RSA 314:6; and

(4) The applicant has demonstrated good professional character as required by RSA 314:3, III(e), as evidenced by the answers to the questions on the application.

(c) The executive director shall notify the applicant of the decision on the application in writing sent to the personal email address provided on the application.

(d) If the executive director determines that the applicant has not demonstrated that all requirements to renew a license are met and so denies the application, the notice sent pursuant to (c), above, shall inform the applicant that if the applicant wishes to challenge the decision, the applicant shall request a hearing in writing within 30 days, as provided in RSA 314:7, II.

(e) A renewal license shall be effective for 2 years from the date of expiration of the prior license unless sooner suspended or revoked pursuant to Plc 706.02.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 705.03 Requirements for Renewal Applications {#sec-plc-705.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 705.03}

(a) The information and certification required by Plc 705.01(c)(1) shall be as follows:

(1) The applicant’s personal email address, home mailing address, and county of residence;

(2) The applicant’s home telephone number or other personal telephone number including area code;

(3) The name of each office at which the applicant practices and, for each:

a. The office address, telephone number including area code, and email address; and

b. Whether the applicant is an employee, a subtenant subletting space, an independent contractor, or the owner of the office;

(4) Whether the applicant has ever had any disciplinary action taken against his or her license and, if so, an explanation of each such action; and

(5) A certification that the information provided on or with the application is true, complete, and not misleading.

(b) Documentation of having met the continuing education requirements of Plc 705.06 shall be:

(1) For a course, lecture, workshop, or presentation, a certificate that shows:

a. The name of course, lecture, workshop, or presentation;

b. The date the applicant completed or attended the course, lecture, workshop, or presentation;

c. The location of course, lecture, workshop, or presentation;

d. The name and address of the sponsor of the event; and

e. The number of continuing education hours; and

(2) For a published professional electrology article or book:

a. The name, topic, and length of the article or book or, if the article or book has been published on-line, the URL of the article or book;

b. The date of publication of the article or book; and

c. The name and address of the publisher of the article or book and, if available, the URL of the publisher’s website and the publisher’s email address.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 705.04 Failure to Renew License; Reinstatement {#sec-plc-705.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 705.04}

(a) An electrologist who fails to timely file an application to renew the license shall not practice electrolysis in New Hampshire until he or she has obtained a license in accordance with RSA 314 and Plc 700.

(b) An electrologist whose license has been expired for not more than one year who wishes to have the license reinstated shall apply to renew the license in accordance with Plc 705.01, including meeting the continuing education requirements of Plc 705.06.

(c) An electrologist whose license has been expired for more than one year who wishes to obtain a license shall apply for an initial electrologist license in accordance with Plc 704.01, including retaking the written and practical examinations required by Plc 704.05.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 705.05 Licensee Obligations {#sec-plc-705.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 705.05}

(a) All licensees shall notify the executive director within 10 working days of a change in:

(1) Name;

(2) Personal telephone number;

(3) Email address; or

(4) Home or office address.

(b) All licensees shall:

(1) Know when his or her license is due to expire; and

(2) File an application for renewal at least 30 days prior to the expiration of the current license in accordance with Plc 705.01.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 705.06 Requirement for Continuing Education {#sec-plc-705.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 705.06}

(a) As required by RSA 314:5, licensed electrologists shall complete a minimum of 10 hours of continuing education in each 2-year license period, 5 hours of which shall be in didactic, live programming.

(b) Continuing education shall:

(1) Meet the requirements in Plc 705.07; and

(2) Be completed prior to the expiration date of the license.

(1) Retained by the licensee for not less than 4 years; and

(2) Subject to inspection by the executive director or an inspector.

(d) If, in a single licensing period, a licensee earns more than 5 hours of continuing education in live, didactic programming and the total hours earned exceed 10 hours, the licensee may carry the excess live programming hours forward into the next licensing period, provided that:

(1) No more than 3 hours shall be carried forward; and

(2) Documentation of the hours carried forward shall be submitted when the hours are used, even if the documentation was previously submitted for use of some of the hours represented.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 705.07 Specific Continuing Education Requirements {#sec-plc-705.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 705.07}

(a) At least 2 hours of the required 5 hours of didactic, live programming shall be earned during each licensing period in any one or more of the following topics:

(1) Infection control;

(2) Blood-borne pathogens and communicable diseases;

(3) Universal precautions;

(4) HIV/AIDS;

(5) Sanitation or sterilization;

(6) Infectious skin diseases; or

(7) Bacteriology.

(b) In addition to (a), above, at least 2 hours of the required 5 hours of didactic, live programming shall be obtained in any one or more of the following topics:

(1) Electrology theory including:

a. Dermatology;

b. Endocrinology;

c. Electricity;

d. Histology;

e. Neurology; or

f. Angiology;

(2) Technical and clinical aspects of electrolysis, including:

a. Galvanic;

b. Thermolysis;

c. Blend;

d. Tools and equipment; or

e. Electrology-related products;

(3) Electrology research;

(4) Ethical or legal aspects of practicing electrolysis; or

(5) Electrolysis consultation and case history.

(c) In addition to (a) and (b), above, the remaining one hour, if any, of the required 5 hours of didactic, live programming shall be obtained in any one or more of the following topics:

(1) Anatomy;

(2) Physiology;

(3) Transgender issues;

(4) Health issues of practitioners;

(5) Health issues of clients;

(6) A cardiopulmonary resuscitation (CPR) course given by an American Heart Association or American Red Cross qualified instructor with a maximum of 3 hours to be granted per licensing period;

(7) Management, administration, and supervision of a business practice, with a maximum of 3 hours to be granted per licensing period, which:

a. Relates directly to the operation of an electrolysis business; and

b. Does not include instruction on computer skills; or

(8) The proper use of IPL devices.

(d) The remaining 5 hours of continuing education shall be obtained in any of the topics listed in (a) through (c), above.

(e) Individualized and home study continuing education activities shall be as follows:

(1) Home study electrology courses including professional journals that require the successful completion of a written examination;

(2) Electrology programs available on-line that require the successful completion of a written examination;

(3) Authorship of a published professional electrology article or book, for which credit for contact hours shall be assigned by the executive director in consultation with the advisory committee based on the length of the article or book, whether the licensee is the sole author or a co-author, the amount of research necessary to complete the article or book, and how recently the work on the article or book was completed; or

(4) An original presentation by the licensee of a paper, essay, or formal lecture relating to electrology to a group of fellow professionals, for which the presenter shall receive 2 hours for each hour of presentation.

(f) Except for (c)(6) and (e)(3) above, all continuing education programs specified in (a) through (e) above shall be sponsored by:

(1) The American Electrology Association;

(2) The New Hampshire Electrolysis Association;

(3) A hospital or physician;

(4) An electrology school that is accredited by an accrediting organization listed in Plc 708.01 or approved pursuant to Plc 708.05(a); or

(5) A college or post-secondary institution accredited by a regional or professional agency recognized by the U.S. Secretary of Education.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

Part Plc 706 Procedures; Disciplinary Sanctions; Administrative Fines

N.H. Code Admin. R. Ann. Plc 706.01 Rules of Practice and Procedure {#sec-plc-706.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 706.01}

(a) The rules in Plc 200 shall govern procedures for:

(1) The receipt of misconduct complaints and the investigation thereof;

(2) The conduct of disciplinary hearings;

(3) Waivers;

(4) Voluntary surrender of licenses; and

(5) Any other procedures not included in this chapter.

(b) As provided in RSA 314:7, VII, rehearings and appeals of an order of the executive director to deny, suspend, or revoke a license or impose a fine shall be made under RSA 541.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 706.02 Procedures for Imposing Discipline {#sec-plc-706.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 706.02}

(a) If the executive director, after investigation conducted pursuant to Plc 200, determines that credible evidence exists that a licensee has violated a requirement of RSA 314 or Plc 700, the executive director shall initiate a disciplinary proceeding pursuant to Plc 200.

(b) After notice and an opportunity for a hearing, the executive director shall:

(1) Issue a reprimand and require the licensee to submit a plan of correction, if the violation was committed negligently, the licensee has no prior history of violations, and no harm was threatened or caused by the violation;

(2) Require the licensee to participate in a program of continuing education in the area or areas in which the licensee was found to be deficient, if the violation was committed unknowingly, the licensee has no prior history of violations, and no harm was threatened or caused by the violation;

(3) Suspend the license and require the licensee to submit a plan of correction, if the violation was committed negligently, no serious harm was threatened or caused by the violation, and the licensee has been found to have committed one or more additional violations within the preceding 2 years; or

(4) Revoke the license, if the violation was committed recklessly or knowingly or if serious harm was caused by the violation.

(c) As part of a suspension, the executive director shall require the licensee to prepare and submit a plan of correction to address each violation that provided a basis for the disciplinary proceeding.

(d) If a license is revoked, any subsequent application for licensure shall include a plan of correction that addresses each violation that provided a basis for the disciplinary proceeding.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 706.03 Administrative Fines {#sec-plc-706.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 706.03}

(a) The executive director shall issue a written notice to any individual proposed to be subjected to an administrative fine that notifies the individual:

(1) Of the violation(s) for which the administrative fine is proposed;

(2) Of the amount of the proposed administrative fine;

(3) That the individual may request a hearing prior to the imposition of the fine; and

(4) Of the deadline for requesting a hearing, which shall be no sooner than 20 days from the date of the notice.

(b) If the recipient of the notice requests a hearing, the hearing shall be conducted in accordance with the provisions in Plc 200 and RSA 541-A that govern adjudicative proceedings.

(c) The individual may choose to waive the right to a hearing and pay the proposed fine, in which case the fine shall be paid to and received by the executive director within 30 days of receipt of the notice.

(d) Fines for violations of RSA 314 and Plc 700 shall be imposed in accordance with the following schedule, to a maximum of $2,000 per violation:

(1) For submitting false or fraudulent information on or with an application, the fine shall be $2,000;

(2) For falsification of a license to practice electrology, the fine shall be $2,000;

(3) For practicing electrology outside the confines of the office or offices approved by the executive director, the fine shall be $500 for each occurrence;

(4) For any violation of Plc 707.07 relative to prohibited treatment, the fine shall be $500 for each violation;

(5) For practicing electrology in New Hampshire without a New Hampshire license, the fine shall be $1,000 for each month or portion thereof the practice occurs;

(6) For failing to notify the executive director within 10 working days of a change in home or office address or personal email address or telephone number as required by Plc 705.05(a), the fine shall be $25 for each month or portion thereof the information is not provided;

(7) For refusing to allow an electrology office inspection, the fine shall be $750 for each inspection not allowed;

(8) For failing to make available the original continuing education records as required by Plc 705.06(c)(2), the fine shall be $250 for each record not provided;

(9) For failing to make available the original results of each biological indicator test, in accordance with Plc 707.06(e), the fine shall be $250 for each test for which the original results are not provided;

(11) For failure to perform semiannual biological indicator tests on each sterilizer, in accordance with Plc 707.06(a) and (b), the fine shall be $1,000 for each test missed;

(12) For using sterilization equipment after a biological indicator test failure prior to correcting the malfunction and obtaining a passing test in violation of Plc 707.05(c) and Plc 707.06(c), the fine shall be $2,000 for each use; and

(13) For failure to disclose information requested by the executive director to enable the executive director to determine compliance with RSA 314 and Plc 700 during an investigation, the fine shall be $750 for each failure to disclose.

(e) If the executive director believes a fine is appropriate for a violation that is not included in (d), above, the amount of the fine to be sought shall be no more than $2,000 for each violation and scaled to reflect the scope and severity of the violation based on:

(1) How much the violation deviated from the requirement;

(2) Whether the violation was committed negligently, recklessly, or intentionally; and

(3) The extent of harm or potential for harm that occurred.

(f) As provided in RSA 314:13, II, the imposition of an administrative fine shall not preclude the imposition of further penalties or administrative actions under RSA 314.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

Part Plc 707 Office, School, and Practice Requirements; Sanitation; Inspections

N.H. Code Admin. R. Ann. Plc 707.01 Office and School Requirements {#sec-plc-707.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 707.01}

(a) All offices and schools shall provide the following:

(1) At least one treatment table or chair with a non-porous surface that has no rips or tears and is cleaned after each use;

(2) Uncontaminated hot and cold water under pressure piped to a lavatory bowl or sink located in or within 15 feet of the treatment room;

(3) Single use, disposable eye shields for each client or sanitized and disinfected reusable eye shields;

(4) Lavatory facilities that meet the requirements of the applicable building code;

(5) A separate and private treatment room that is completely closed off from another room or waiting area that provides opportunity for confidential conversation that is non-audible to others;

(6) At least one closable cabinet or drawer for clean towels and linens and sterilized equipment;

(7) Single use, disposable needles;

(8) Forceps; and

(9) Sterilization equipment that allows or will allow the office or school to meet the sterilization requirements of Plc 707.05.

(b) All storage cabinets and work areas in offices and schools shall be constructed of materials that allow proper sanitation.

(1) Heated to at least 68 degrees Fahrenheit;

(2) Ventilated in a manner that exposes the interior of the office or school to fresh air;

(3) Sanitary so that there is no visible dirt, dust, or mildew;

(4) Orderly so that furniture, equipment, and records are arranged in a pattern that does not interfere with the ability of students, clients, instructors, and licensees, as applicable, to move around the school or office without obstacle; and

(5) Provided with electrical lighting that is sufficient for the electrologist to demonstrate a treatment to students or to perform a treatment on clients.

(d) All electrolysis and IPL equipment at schools and offices shall be maintained in safe working order as directed by the manufacturer and be either:

(1) Certified by the American National Standards Institute (ANSI); or

(2) Approved by the federal Food and Drug Administration (FDA).

(e) Astringents, creams, lotions, and cleaning and sterilizing solutions at schools and offices shall be labeled as to their contents.

(f) No animals shall be allowed in an office or school, except service animals as defined in RSA 167-D:1, reprinted in Appendix B.

(g) All offices and schools shall be in compliance with all applicable building, electrical, plumbing, and fire codes.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 707.02 Recordkeeping Requirements {#sec-plc-707.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 707.02}

(a) Electrologists shall obtain and maintain a complete record of each client’s treatment.

(b) Records of treatment to be obtained prior to treatment shall include, for each client, the client’s:

(1) Name, address, telephone number including area code, and date of birth;

(2) Informed consent to treatment, obtained by having the client sign to affirm receipt of information regarding the procedure and possible side effects;

(3) Medical history and physical condition, which shall be updated every 6 months that treatment is provided and include:

a. Any allergies;

b. Any condition specified under Plc 707.07;

c. Whether the client wears any external or implanted medical object or device; and

d. History of previous treatment for hair removal.

(1) Month, day, and year of each treatment;

(2) Area being treated;

(3) All settings and modality used;

(4) Duration of each treatment;

(5) After-treatment preparations applied on each date of treatment; and

(6) The client’s reaction(s), if any, to treatment and after-treatment preparations.

(d) Records of client information and treatment shall be kept confidential.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 707.03 Treatment Procedures {#sec-plc-707.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 707.03}

(a) Prior to treatment, an electrologist shall explain the following to the client:

(1) The procedure;

(2) Recommended after-treatment care; and

(3) Possible side effects of treatment.

(b) Prior to treatment, the electrologist shall:

(1) Provide an eye shield that is either a new single-use eye shield or a reusable eye shield that has been cleaned as required by Plc 707.04; and

(2) Cleanse the skin site to be treated with an antiseptic solution.

(1) Soap and water; or

(2) An alcohol-based hand sanitizer that contains at least 60% alcohol.

(d) If the electrologist’s hands are visibly soiled, the electrologist shall wash his or her hands with soap and water and may then use an alcohol-based hand sanitizer that contains at least 60% alcohol.

(e) Electrologists shall use a fresh, single-use pair of nonsterile disposable examination gloves during the performance of any treatment.

(f) If a treatment is interrupted, gloves shall be removed and discarded, hands shall be washed, and a fresh pair of gloves shall be used.

(g) Electrologists shall use only single-use, pre-sterilized, disposable needles.

(h) Electrologists shall use needle caps during each treatment.

(i) The treatment table or chair shall be clean at all times.

(j) The headrest or pillow on the treatment table or chair shall be covered with fresh linen, paper towel, or other disposable paper drape prior to use by each client.

(k) If any part of the body other than the face is being treated, the treatment table or chair shall be covered with fresh linen or disposable paper drape prior to use by each client.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 707.04 Post-Treatment Sanitation Requirements {#sec-plc-707.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 707.04}

(a) All comfort accessories shall be cleaned after each use.

(b) After each use, client-reusable eye shields shall be cleaned with detergent and water, then rinsed and dried.

(c) Soiled disposable items shall be discarded into a covered container lined with a plastic bag, securely fastened when ready for disposal, and disposed daily into the regular trash.

(d) Disposable or damaged needles and forceps shall be placed in puncture-resistant containers for disposal in accordance with Env-Sw 904.

(e) All metallic instruments that come in contact with a client shall be sterilized in accordance with Plc 707.05 after each use and placed in a sanitary environment such as a closed cabinet or storage drawer for storage.

(f) All equipment and materials used by an electrologist shall be in safe and sanitary order and so maintained and operated as to preclude any physical danger or hazard to client or electrologist.

(g) Soiled linens shall be placed in a separate container or hamper prior to being washed and dried.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 707.05 Equipment Sterilization {#sec-plc-707.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 707.05}

(a) Prior to equipment sterilization, the surfaces of all instruments shall be cleansed of organic material by an ultrasonic cleaning device, rinsed, and dried.

(b) Forceps and caps shall be soaked in a protein-dissolving solution after each treatment, prior to cleaning with the ultrasonic cleaning device.

(c) Only sterilization equipment that passed the most recent biological indicator test as required by Plc 707.06 shall be used.

(d) Sterilization of instruments shall be accomplished by any one of the following:

(1) An autoclave sterilizer, which shall be set and operated according to the standard cycle for the specific autoclave sterilizer used; or

(2) A dry heat sterilizer oven, which shall have a temperature monitoring device as part of the sterilizer.

(e) A dry heat sterilizer shall be used by placing instruments individually in dry heat wrappers or unpackaged in small multiples in cleaned, dried stainless steel or heat-tempered glass containers that have well-fitting lids and then placed into the sterilizer for:

(1) At least 2 hours at 320 degrees Fahrenheit;

(2) At least one and one half hours at 335 degrees Fahrenheit; or

(3) At least one hour at 340 degrees Fahrenheit.

(f) If instruments are unpackaged but not used within 24 hours, the instruments shall be resterilized prior to use.

(g) Cold chemical sterilizers, gas sterilizers, and bead sterilizers shall not be used.

(h) Any instrument that becomes contaminated shall not be used until sterilized in accordance with (a) through (g) above.

(i) If an IPL device is used, it shall be disinfected using an EPA-registered disinfectant according to the manufacturer’s direction.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 707.06 Biological Indicator Testing {#sec-plc-707.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 707.06}

(a) Biological indicator tests shall be performed semiannually on each sterilizer.

(b) Biological indicator testing shall be performed at least 4 months apart unless done to confirm corrective action in accordance with (c), below.

(c) Sterilization equipment that fails a biological indicator test shall not be used unless and until the conditions that caused the failure have been corrected and another biological indicator test has been performed to confirm that the corrective actions were successful.

(d) The original results of each biological indicator test, passing or failing, shall be kept on file in the electrology office where the sterilizer is located and retained for not less than 4 years.

(e) The original results of all biological indicator tests shall be subject to inspection by the executive director or an inspector.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 707.07 Certain Treatment Prohibited {#sec-plc-707.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 707.07}

(a) Electrologists shall not perform electrolysis or IPL on the following areas of the body:

(1) Mucous membranes; and

(2) Breasts of a woman who is nursing.

(b) Electrologists shall not treat the following conditions:

(1) Warts;

(2) Ingrown eyelashes;

(3) Spider veins, meaning a branch growth of dilated capillaries that can resemble a spider web near the surface of, and visible through, the skin; and

(4) Skin tags, meaning tiny benign protrusions of the skin on the neck, armpits, upper trunk, and body folds.

(1) Herpes in its active stage;

(2) Skin malignancy; and

(3) Any type of infected or inflamed area other than an ingrown hair.

(d) Electrologists shall not perform electrolysis or IPL on a person with impetigo or any other contagious skin disease.

(e) Electrologists shall not perform electrolysis or IPL on a client with any of the following conditions, except upon receipt of written authorization from the client’s physician:

(1) Diabetes;

(2) Cardiac disorders treated with a pacemaker;

(3) Coagulation disorders;

(4) Disorders treated with drugs that have anticoagulant effects;

(5) Moles for which the client is requesting treatment;

(6) Cochlear implants; and

(7) Pregnancy.

(f) If a pregnant woman has written authorization from her physician that treatment may be performed, thermolysis shall be the only modality used.

(g) Any licensee who has not had training on IPL devices as part of his or her school curriculum who wishes to use IPL shall first take and pass at least a 30-hour course specific to IPL. Proof of the curriculum or course shall be submitted to the executive director prior to using IPL therapy.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 707.08 Office Inspections {#sec-plc-707.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 707.08}

(a) Upon receipt of an application for initial or renewal licensure that indicates the applicant or licensee, as applicable, intends to practice at an office that has not been approved by the executive director, the executive director shall request an inspector to inspect the school to determine compliance with Plc 707.01.

(b) Subsequent to the initial inspection under (a), above, each office shall be subject to a routine inspection not more frequently than once per calendar year.

(c) The inspector shall contact the applicant or licensee, as applicable, to schedule a time for the initial or subsequent routine inspection.

(d) The inspector shall:

(1) Inspect all areas of the office that are or will be used by clients and that are or will be used by licensees and other staff for related activities, such as sterilization of implements and storage of materials, to determine compliance with Plc 707.01; and

(2) Prepare a written report for the executive director that:

a. Identifies the date, time, and length of the inspection; and

b. Describes the conditions observed in sufficient detail for the executive director to determine whether the requirements of Plc 707.01 are met.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 707.09 Actions After Office Inspections {#sec-plc-707.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 707.09}

(a) The executive director shall approve an office after an initial inspection if the report provided by the inspector allows the executive director to determine that the office meets the requirements of Plc 707.01.

(b) If the report provided by the inspector after an initial inspection identifies one or more conditions that do not meet the applicable requirement(s), the executive director shall notify the applicant or licensee, as applicable, of the deficiencies and explain that the office shall not be approved unless the deficiencies are corrected.

(1) Notify the executive director in writing when corrections have been made; and

(2) Allow the inspector to re-inspect the office to confirm that corrections have been made.

(d) If the report provided by the inspector after a subsequent routine inspection identifies one or more conditions that do not meet the applicable requirement(s), the executive director shall notify the licensee of the deficiencies and:

(1) If the conditions do not threaten the health or safety of persons entering the office, set a deadline for the licensee to submit a plan of correction, which deadline shall not be sooner than 20 days from the date of the notice; or

(2) If the conditions do threaten the health or safety of persons entering the office, commence a proceeding to suspend or revoke the license under Plc 706.02.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

Part Plc 708 Electrology School Approvals and Requirements

N.H. Code Admin. R. Ann. Plc 708.01 Approved Electrology Schools {#sec-plc-708.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.01}

Any electrology education program that meets the curriculum requirements of Plc 708.02(a)-(e) and is accredited by one or more of the following shall be deemed to be an approved electrology school for purposes of obtaining licensure in New Hampshire:

(a) The National Accrediting Commission for Career Arts & Sciences (NACCAS);

(b) The Accrediting Commission of Career Schools and Colleges (ACCSC); and

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.02 Electrology School Curriculum and Instructors {#sec-plc-708.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.02}

(a) Electrology schools approved by the executive director shall provide and maintain a course of study of at least 1,100 hours extending over a period of not less than 10 months.

(b) The 1,100 hour course of study shall include 700 hours of academic study and 600 hours of practical training.

Table 700.2 Academic Curriculum

Subject

Hours

Histology and hair structure with special consideration given to hair and skin

75 hours

The fundamentals of bacteriology, sterilization, and hygiene

100 hours

The principles of electricity and its effects and uses

25 hours

Basic dermatology

100 hours

Physiology, with special consideration given to endocrinology

125 hours

Machines and equipment for an electrolysis office

25 hours

Professional conduct and office management

70 hours

(d) The 600 hours of practical training shall include epilation whereby the instructor teaches thermolysis, galvanic, and blend treatment of all areas of the body that are not prohibited by Plc 707.07, by demonstration and student hands-on participation.

(e) If an electrology school elects to teach IPL, it shall provide a minimum of 30 hours of training on an IPL device.

(f) Each instructor to be used at a school approved under Plc 708.05 shall be an electrologist who:

(1) Is currently licensed in New Hampshire;

(2) Is certified as a certified professional electrologist (CPE) by the American Electrology Association; and

(3) Has not less than 5 years of experience as a licensed electrologist.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.03 Application for Initial Electrology School Approval {#sec-plc-708.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.03}

(a) The owner of an electrology school that is not accredited as provided in Plc 708.01 who wishes to be approved in New Hampshire shall submit an application as specified in (b), below, not less than 30 days prior to the desired opening date, provided that the owner shall not open the school unless and until approval is obtained.

(b) A complete application for initial approval of an electrology school shall comprise:

(1) A completed “Application For Initial Electrology School Approval” dated November 2022 that provides the information specified in Plc 708.04 and is signed and certified as specified in Plc 708.06;

(2) The documentation specified in Plc 708.05; and

(3) The application processing fee specified in Plc 1002.

(d) The completed application package shall be submitted to the OPLC, attention licensing bureau, at the address specified in Plc 103.03.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.04 Information Required for Initial School Approval Application {#sec-plc-708.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.04}

The applicant shall provide the following information:

(a) The owner’s name, address, telephone number, and the email address to which notices and approvals for the school can be sent by the OPLC, hereinafter called the “designated email address”;

(b) The name, address, and telephone number of the school and, if available, the URL of the school’s website and the school’s email address;

(d) If the owner is a business entity, the name and title of the individual who has been duly authorized to sign the application and otherwise interact with the OPLC regarding the application, along with the authorized individual’s telephone number and email address;

(e) For each electrology instructor, the individual’s name, license number, email address, number of years of experience, and CPE credential to show compliance with Plc 708.02(f);

(f) A list of all electrology and sterilization equipment the school will use, and for each the type of equipment, the model if applicable, the manufacturer, and whether the equipment is ANSI certified or FDA approved; and

(g) Confirmation that the school will meet the requirements of Plc 707.01.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.05 Documentation Required for Initial School Approval Application {#sec-plc-708.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.05}

The applicant shall provide the following pursuant to Plc 708.03(b)(2):

(a) A copy of the electrology curriculum the school intends to use that shows the curriculum meets the requirements of Plc 708.02(a)-(e); and

(b) A clear written explanation of any “no” answer to the confirmation of compliance questions.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.06 Signature and Certification Required for Initial School Approval Application {#sec-plc-708.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.06}

(a) For purposes of this section, “applicant” means:

(1) If the applicant is an individual, the individual; or

(2) If the applicant is an entity, the individual authorized by the entity to sign the application on behalf of the entity.

(b) The applicant for an initial school approval shall sign and date the application, provided that if the application is available via an on-line portal, submission of the application electronically shall constitute the applicant’s signature and the date of submission shall be the date.

(1) The information submitted is true, complete, and not misleading to the best of the owner’s knowledge and belief; and

(2) The owner understands that the submittal of information that is false, incomplete, or misleading constitutes grounds to deny approval or to revoke any approval that is issued based on the information.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.07 Inspection of School Required for Initial Approval {#sec-plc-708.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.07}

(a) Upon receipt of a complete application to approve an electrolysis school as provided in Plc 708.03, the executive director shall assign an inspector to inspect the school to determine compliance with Plc 707.01.

(b) The inspector shall contact the requestor to schedule a time for the inspection.

(1) Inspect all areas of the school that are or will be accessible by students, instructors, or clients if used as part of demonstrations, or any combination thereof, to determine compliance with Plc 707.01; and

(2) Prepare a written report for the executive director that:

a. Identifies the date, time, and length of the inspection; and

b. Describes the conditions observed in sufficient detail for the executive director to determine whether the requirements of Plc 707.01 are met.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.08 Decisions on School Approval Applications {#sec-plc-708.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.08}

(a) The executive director shall approve the school if:

(1) All information and the fee required by Plc 708.03 have been submitted, and the submitted information demonstrates that:

a. The curriculum meets the requirements of Plc 708.02(a)-(e); and

b. The instructors meet the qualifications specified in Plc 708.02(f); and

(2) The report submitted by the inspector allows the executive director to determine that the school meets or will meet the requirements of Plc 707.01.

(b) If the executive director is unable to determine that the criteria in (a), above, are met, the executive director shall notify the requestor in writing of the reason(s) why approval cannot be granted and provide an opportunity for the requestor to have a hearing pursuant to the provisions of Plc 200 and RSA 541-A that apply to adjudicative proceedings.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.09 School Approvals; Obligations of Owners {#sec-plc-708.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.09}

(a) Initial and renewal school approvals shall be valid only for the owner and location named on the request, and shall not be transferable to a new owner or new location.

(b) Initial and renewal school approvals issued on or after the 2022 effective date of this chapter shall be valid for 5 years unless sooner suspended or revoked pursuant to Plc 708.16.

(c) An electrology school approved pursuant to Plc 708.08 or renewed pursuant to Plc 708.15 shall be subject to a routine inspection not more frequently than once each calendar year.

(d) The owner of a school approved pursuant to Plc 708.08 or renewed pursuant to Plc 708.15 shall notify the executive director in writing of any change in the curriculum or instructors within 30 days of the change.

(e) The owner of a school approved pursuant to Plc 708.08 or renewed pursuant to Plc 708.15 shall notify the executive director in writing of any decision to close the school prior to notifying its current students of the decision, provided that if there are no current students, the executive director shall be notified within 30 days of closing the school.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.10 Application to Renew Electrology School Approval {#sec-plc-708.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.10}

(a) The owner of an electrology school that has been approved pursuant to Plc 708.08 who wishes to continue to operate as an approved electrology school shall submit an application as specified in (b), below, prior to the expiration of the current approval.

(b) A complete application for renewal of an electrology school approval shall comprise:

(1) A completed “Application for Electrology School Approval Renewal” dated November 2022 that provides the information specified in Plc 708.11 and is signed and certified as specified in Plc 708.13;

(2) The documentation specified in Plc 708.12; and

(3) The application processing fee specified in Plc 1002.

(d) The completed application package shall be submitted to the OPLC, attention licensing bureau, at the address specified in Plc 103.03.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.11 Information Required for School Approval Renewal Application {#sec-plc-708.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.11}

The applicant for renewal of an electrolysis school approval shall provide the following information:

(a) The owner’s name, address, telephone number, and the email address to which notices and approvals for the school can be sent by the OPLC, hereinafter called the “designated email address”;

(b) The name, address, and telephone number of the school, and, if available, the URL of the school’s website and the school’s email address;

(e) For each electrology instructor, the individual’s name, email address, license number, number of years of experience, and CPE credentials to show compliance with Plc 708.02(f);

(f) A list of all electrology and sterilization equipment the school uses, and for each the type of equipment, the model if applicable, the manufacturer, and whether the equipment is ANSI certified or FDA approved;

(g) Confirmation that the school meets the requirements of Plc 707.01.

N.H. Code Admin. R. Ann. Plc 708.12 Documentation Required for School Approval Renewal Application {#sec-plc-708.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.12}

The applicant shall provide the following pursuant to Plc 708.11(b)(2):

(a) A copy of the electrology curriculum the school uses that shows the curriculum meets the requirements of Plc 708.02(a)-(e); and

(b) A clear written explanation of any “no” answer to the confirmation of compliance questions.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.13 Signature and Certification Required for School Approval Renewal Application {#sec-plc-708.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.13}

(a) For purposes of this section, “applicant” means:

(1) If the applicant is an individual, the individual; or

(2) If the applicant is an entity, the individual authorized by the entity to sign the application on behalf of the entity.

(b) The applicant for renewal of a school approval shall sign and date the application, provided that if the application is available via an on-line portal, submission of the application electronically shall constitute the applicant’s signature and the date of submission shall be the date.

(1) The information submitted is true, complete, and not misleading to the best of the owner’s knowledge and belief; and

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.14 Inspection of School Required for Renewal {#sec-plc-708.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.14}

(a) Upon receipt of a complete application to renew a school approval, the executive director shall assign an inspector to inspect the school to determine compliance with Plc 707.01.

(b) The inspector shall contact the owner of the school to schedule a time for the inspection.

(2) Prepare a written report for the executive director that:

a. Identifies the date, time, and length of the inspection; and

b. Describes the conditions observed in sufficient detail for the executive director to determine whether the requirements of Plc 707.01 are met.

(d) If the inspector is unable to complete the inspection and written report prior to the expiration of the school’s approval, the approval shall continue in effect as provided in RSA 541-A:30, I until final action has been taken on the renewal application.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.15 Decisions on School Approval Renewal Applications {#sec-plc-708.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.15}

(a) The executive director shall renew the approval for the school if:

(1) All information and the fee required by Plc 708.11 have been submitted, and the information demonstrates that:

a. The curriculum meets the requirements of Plc 708.01(a)-(e); and

b. The instructors meet the qualifications specified in Plc 708.01(f); and

(2) The report submitted by the inspector allows the executive director to determine that the school meets the requirements of Plc 707.01.

(b) If the executive director determines that one or more of the criteria in (a), above, are not met but that the requirements could be met and that, on balance, the school is providing instruction that will allow its students to meet the requirements for licensure, the executive director shall issue a conditional renewal to the school that:

(1) Identifies each requirement that needs to be addressed; and

(2) Establishes, in consultation with the school owner, the time frame within which corrections will be made.

(c) If the executive director is unable to determine that the criteria in (a), above, are met, and determines that there are so many requirements that are not met that the school is not providing instruction that will allow its students to meet the requirements for licensure, the executive director shall provide written notice to the owner that:

(1) Denies the renewal application;

(2) Explains the reason(s) why approval cannot be granted; and

(3) Informs the owner that to contest the denial, a hearing must be requested within 30 days of the date of the notice.

(d) A denial shall become final if a hearing is not requested within 30 days of the date of the notice sent pursuant to (c), above.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 708.16 Initiation of Investigations; Proceedings to Suspend, Revoke, or Impose Conditions on School Approval {#sec-plc-708.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 708.16}

(a) The executive director shall initiate an investigation of an electrology school approved under these rules whenever he or she receives credible information that the school:

(1) Has violated any requirement applicable to obtaining or renewing a school approval; or

(2) Has not maintained required health and safety standards relative to electrology.

(b) If the investigation conducted pursuant to (a), above, produces credible evidence that a violation of any applicable requirement has occurred, the executive director shall initiate a disciplinary proceeding in accordance with the applicable provisions of Plc 200 and RSA 541-A to suspend, revoke, or impose conditions on the approval in accordance with (c) through (h), below.

(c) If the hearing conducted in accordance with (b), above, proves by a preponderance of the evidence that the violation(s) on which the proceeding was based did in fact occur, the executive director shall impose conditions on the approval to minimize the opportunities for the school to commit additional or repeat violations if, for each violation:

(1) The violation was committed negligently or unknowingly; and

(2) The school has not been the subject of an investigation or disciplinary proceeding for the same or a similar violation within the preceding 2 years.

(d) If conditions are imposed pursuant to (c), above, the owner may request the conditions to be removed upon presenting proof to the executive director that:

(1) The school has complied with all conditions for not less than 2 years; and

(2) No repeat or additional violations have occurred in that time.

(e) If the hearing conducted in accordance with (b), above, proves by a preponderance of the evidence that the violation(s) on which the proceeding was based did in fact occur, the executive director shall suspend the approval conditional on correcting the violation(s) if, for each such violation:

(1) The violation was committed negligently or unknowingly; and

(2) The school has been the subject of one or more investigations that did not lead to discipline being imposed for the same or a similar violation within the preceding 2 years.

(f) If an approval is suspended pursuant to (e), above, the owner may request the approval to be reinstated after correcting all violations.

(g) If the hearing conducted in accordance with (b), above, proves by a preponderance of the evidence that the violation(s) on which the proceeding was based did in fact occur, the executive director shall revoke the approval if, for any such violation:

(1) More than one violation of requirements designed to protect student or client health and safety were committed recklessly or knowingly; or

(2) The school has been the subject of 2 or more disciplinary proceedings that resulted in sanctions being imposed for the same or any similar violation within the preceding 2 years and so many requirements are not being met that the school is not providing instruction that will allow its students to meet the requirements for licensure.

(h) If the precise criteria for action described in (e) or (g), above, are not met, but the violation(s) proved at the hearing or not contested by the school were committed negligently, recklessly, or knowingly and posed a substantial threat of harm to clients, students, or instructors, or any combination thereof, the executive director shall suspend the approval and require the school to prepare and submit a plan of correction that addresses each violation.

(i) If an approval is suspended pursuant to (h), above, the owner may request the approval to be reinstated after complying with the plan of correction.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

Part Plc 709 Standards of Practice

N.H. Code Admin. R. Ann. Plc 709.01 Applicability of Standards {#sec-plc-709.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 709.01}

(a) The standards in this part shall apply to each individual who applies to be licensed under RSA 314 or who is licensed under RSA 314 and to each owner of, and instructor at, a school approved under Plc 708.05 or renewed under Plc 708.09.

(b) Violations of these standards shall constitute unprofessional conduct that subjects the violator to disciplinary proceedings pursuant to Plc 706.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 709.02 Professional Standards {#sec-plc-709.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 709.02}

Each person to whom these standards apply shall:

(a) Comply with RSA 314 and Plc 700;

(b) Obey in good faith, and within any time periods specified, any disciplinary or remedial orders issued by the executive director, including orders requiring the payment of administrative fines;

(d) Treat all individuals with whom the person interacts in his or her professional capacity with respect and civility;

(e) Maintain schools and offices to be sanitary and hygienic;

(f) Use professional products designed or manufactured for use in electrology according to manufacturer’s directions;

(g) Not perform any service that is outside the practice of electrology or outside the scope of the licensee’s training;

(h) Not misrepresent professional qualifications or credentials; and

(i) Hold confidential any information disclosed by a client regarding medical conditions.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)

N.H. Code Admin. R. Ann. Plc 709.03 Ethical Standards {#sec-plc-709.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 709.03}

Each person to whom these standards apply shall:

(a) Not aid or abet, directly or indirectly, the practice of anyone who is not duly licensed;

(b) Not advertise claims that are misleading, untrue, or unsupportable by facts;

(d) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the practitioner-client relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by the client or a colleague;

(e) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity;

(f) Not discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, or national origin; and

(g) Comply with all local, state, and federal labor laws.

Appendix A: State Statutes Implemented

Rule(s)

State Statute(s) Implemented

Plc 700 (see below for additional/specific provisions)

RSA 314; RSA 310-A:I-d, II(d)

Plc 703

RSA 314:2-a

Plc 704

RSA 314:2, I; RSA 314:3

Plc 705

RSA 314:2, II; RSA 314:5

Plc 706.01

RSA 541-A:16, I; RSA 310-A:1-d, II(h)(2);

RSA 314:2, V; RSA 314:9

Plc 706.02

RSA 314:2, III; RSA 314:6

Plc 706.03

RSA 314:2, VII; RSA 314:13

Plc 707

RSA 314:2, VI; RSA 314:8, VIII & XVIII

Plc 708

RSA 314:2, VI; RSA 314:3, III(c); RSA 314:8, XVI

Plc 709

RSA 314:2, VI; RSA 314:8, VII

Appendix B: Statutory Provisions

RSA 167-D:1, IV. “Service animal” means any dog individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for purposes of this definition.

RSA 314:6 Denial, Suspension, or Revocation of License. – The executive director may deny, suspend or revoke a license if it is determined after hearing that such applicant or licensee:

I. Has made a materially false statement or concealed a material fact in connection with application for licensure.

II. Has had a license issued under this chapter revoked or suspended previously.

III. Has been found guilty of fraud or fraudulent practices, or has used dishonest or misleading advertising.

IV. Has practiced electrology in an office or offices other than as stated on the license, or has not maintained the office or offices according to rules adopted under RSA 314:8, VIII.

V. Has violated ethical or professional standards for the practice of electrology, as provided for in rules adopted under RSA 314:8, VII.

VI. Has failed to comply with any other provision of this chapter or any rules adopted by the executive director.

History

#13495, eff 12-22-22 (see Revision Note at chapter heading for Plc 700)
2011, 170:2, eff. Jan. 1, 2012. 2014, 66:3, eff. Jan. 1, 2015.
1994, 202:2. 1995, 310:183, eff. Nov. 1, 1995. 2015, 276:90, eff. July 1, 2015.

Chapter Plc 800 Ophthalmic Dispensing

Part Plc 801 Purpose and Applicability; Fees

N.H. Code Admin. R. Ann. Plc 801.01 Purpose {#sec-plc-801.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 801.01}

The purpose of this chapter is to implement RSA 327-A relative to regulating the profession of ophthalmic dispensing, by establishing requirements for:

(a) Obtaining and renewing a certificate of registration to practice ophthalmic dispensing in New Hampshire;

(b) Obtaining the reinstatement of a certificate of registration to practice ophthalmic dispensing that has expired or been suspended or revoked; and

(c) The regulation of the practices of registered ophthalmic dispensers, including ethical and professional standards required to be met by registrants.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 801.02 Applicability {#sec-plc-801.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 801.02}

This chapter shall apply to any individual who intends to practice or who does actually practice ophthalmic dispensing in New Hampshire, exclusive of those persons and practices excluded by RSA 327-A:13, reprinted in Appendix B.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 801.03 Fees {#sec-plc-801.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 801.03}

The registration fees shall be as specified in Plc 1002.36.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

Part Plc 802 Definitions

N.H. Code Admin. R. Ann. Plc 802.01 Contact information {#sec-plc-802.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.01}

“Contact information” means the individual’s designated email address, home or other personal telephone number, and home physical address and home mailing address, if different.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.02 Continuing education credit {#sec-plc-802.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.02}

“Continuing education credit” means one hour of continuing education.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.03 Designated email address {#sec-plc-802.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.03}

“Designated email address” means the email address identified by an applicant or registrant as the address for the office of professional licensure and certification (OPLC) to use when sending notifications and licenses.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.04 Executive director {#sec-plc-802.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.04}

“Executive director” means the executive director of the OPLC or designee.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.05 License {#sec-plc-802.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.05}

“License” means “license” as defined in RSA 541-A:1, VIII, namely “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.” For purposes of this chapter, the term includes any similar form of approval to practice ophthalmic dispensing in any jurisdiction.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.06 Licensing bureau {#sec-plc-802.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.06}

“Licensing bureau” means the organizational unit within the OPLC’s division of licensing and board administration that is responsible for accepting and processing applications.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.07 Military spouse {#sec-plc-802.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.07}

“Military spouse” means an individual who is legally married to an individual who is on active military duty.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.08 Necessary knowledge and skills {#sec-plc-802.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.08}

“Necessary knowledge and skills” means the knowledge and skills that are necessary to safely and competently provide ophthalmic dispensing services to the public, including:

(a) Prescription analysis and interpretation;

(b) The taking of measurements, including the pupillary distance, to determine the size, shape, and specifications of the spectacle lenses, frames, or lens forms best suited to the wearer’s needs;

(c) The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear;

(d) The verification of the quality of finished ophthalmic products and the adjustment of lenses or frames to the intended wearer’s face;

(e) The delivery of such ophthalmic products including instruction in hygiene and insertion and removal of contact lenses; and

(f) The adjustment, replacement, and reproduction of previously prepared ophthalmic lenses, frames, contact lenses, or other specially fabricated ophthalmic devices.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.09 On active military duty {#sec-plc-802.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.09}

“On active military duty” means on active duty in the U.S. armed forces. The term includes “active military”.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.10 Ophthalmic dispenser {#sec-plc-802.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.10}

“Ophthalmic dispenser” means “ophthalmic dispenser/optician” as defined in RSA 327-A:1, VII, reprinted in Appendix B.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.11 Ophthalmic dispensing {#sec-plc-802.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.11}

“Ophthalmic dispensing” means “ophthalmic dispensing” as defined in RSA 327-A:1, I, reprinted in Appendix B.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.12 Plano lenses {#sec-plc-802.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.12}

“Plano lenses” means “plano lenses” as defined in RSA 327-A:1, IX, reprinted in Appendix B.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.13 Prescription {#sec-plc-802.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.13}

“Prescription” means “prescription for spectacle lenses” and “prescription for contact lenses” as defined in RSA 327-A:1, III and IV, respectively, reprinted in Appendix B.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.14 Registrant {#sec-plc-802.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.14}

“Registrant” means an individual who is registered as an ophthalmic dispenser pursuant to RSA 327-A and Plc 800.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 802.15 Working day {#sec-plc-802.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 802.15}

“Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of holidays.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

Part Plc 803 Initial Registration

N.H. Code Admin. R. Ann. Plc 803.01 Eligibility for Initial Registration as an Ophthalmic Dispenser {#sec-plc-803.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.01}

Any individual not currently or previously registered who wishes to register as an ophthalmic dispenser shall:

(a) Be at least 18 years of age; and

(b) Have obtained a high school diploma or have passed a test that resulted in the receipt of a certificate of high school equivalency.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.02 Supervision and Training Required {#sec-plc-803.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.02}

Any registered optician who has no prior education or training in the necessary knowledge and skills shall not engage in activities that require the necessary knowledge and skills without being supervised and trained by a registered optician or other licensed eye care professional having at least one year of experience, until such time as the supervising professional determines that the individual has acquired the necessary knowledge and skills to act independently.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.03 Application for Initial Registration {#sec-plc-803.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.03}

(a) Any individual who wishes to engage in ophthalmic dispensing who is not already registered in New Hampshire shall file an application for an initial registration in accordance with this section.

(b) The applicant shall submit the following to the licensing bureau:

(1) A completed “Universal Application for Initial License” as tailored for ophthalmic dispensing registrations, dated March 2023, that provides the information specified in Plc 304.03 and Plc 803.04 and is signed and attested to as specified in Plc 304.06;

(2) The documentation specified in Plc 304.04 and Plc 803.05, as applicable; and

(3) The application processing and licensing fee specified in Plc 1002, provided that if the applicant is active military or a military spouse, no fee shall be required.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.04 Information {#sec-plc-803.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.04}

Required for Initial Registration. In addition to the information required by Plc 304.03, the applicant shall identify whether the applicant:

(a) Graduated from high school or obtained an equivalency certificate; and

(b) Solely for the purpose of assisting the OPLC in assessing the program, has passed the National Opticianry Competency Examination (NOCE) offered by the American Board of Opticianry and National Contact Lens Examiners (ABO-NCLE) or taken courses or received training in the necessary knowledge and skills.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.05 Documentation Required for Initial Registration {#sec-plc-803.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.05}

In addition to the information and documentation required by Plc 304.04, the applicant shall:

(a) Submit proof of being 18 years old or older, in the form of an official government identification card showing date of birth or an official birth certificate.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.06 Initial Review of Applications for Initial Registration; Abandonment {#sec-plc-803.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.06}

(a) Within 30 days of receipt of an application for initial registration submitted pursuant to Plc 803.03, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h).

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.07 Withdrawal of Application for Initial Registration {#sec-plc-803.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.07}

(a) An applicant may withdraw the application for registration at any time prior to being notified of a decision under Plc 803.08, by proceeding in accordance with Plc 304.07.

(b) If the application is withdrawn, the application processing and licensing fee shall not be refunded.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.08 Review of Complete Applications for Initial Registration; Decisions {#sec-plc-803.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.08}

(a) After determining that an application is complete, the licensing bureau shall review the application to determine whether the applicant meets all applicable criteria to be registered as an ophthalmic dispenser.

(b) The licensing bureau shall approve an application for initial licensure and register the applicant if:

(1) The applicant has complied with Plc 803.03 and meets the qualifications listed in Plc 803.01; and

(2) No information has been submitted that demonstrates the applicant has engaged in any of the conduct listed in RSA 327-A:9, which is reprinted in Appendix B.

(c) The licensing bureau shall notify the applicant of the decision on the application in writing sent to the applicant’s designated email address.

(d) If the licensing bureau determines that the applicant has not demonstrated that all requirements to be registered are met, then:

(1) The licensing bureau shall deny the application; and

(2) The notice sent pursuant to (c), above, shall:

a. Specifically identify the reason(s) for the denial; and

b. Inform the applicant that the denial shall become final unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied, the application processing and licensing fee shall not be refunded.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.09 Initial Registrations: Issuance and Duration {#sec-plc-803.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.09}

(a) Each initial registration as an ophthalmic dispenser issued by the OPLC shall specify:

(1) The name of the registrant;

(2) The effective date of the registration; and

(3) The registration number.

(b) Initial registrations shall:

(1) Be valid for 2 years from the date of issuance as provided in RSA 310:8, II, provided that the timely filing of a complete renewal application shall continue the validity of the license being renewed until final action is taken on the renewal application;

(2) Expire 2 years from the date on which the license was issued unless a timely and complete renewal application is filed or the license is sooner suspended or revoked in accordance with Plc 807; and

(3) Be subject to renewal.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.10 Challenging a Denial of Initial Registration {#sec-plc-803.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.10}

An applicant who wishes to challenge the denial of an application for initial registration shall do so as provided in Plc 304.10.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 803.11 Facilitated Registration for Active Duty Military and Military Spouses {#sec-plc-803.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 803.11}

(a) An applicant for licensure who is on active military duty or who is a military spouse shall apply for licensure as provided in Plc 803.03, except that no application processing fee shall be required.

(b) Each applicant who applies for facilitated licensing under this section shall be eligible to obtain a facilitated license if the applicant meets the qualifications for licensure summarized in Plc 803.01.

(c) Any individual who obtains a facilitated license under this section shall comply with all license renewal requirements specified in Plc 805 if the individual wishes to continue to work as a ophthalmic dispenser in New Hampshire after the term of the initial registration.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

Part Plc 804 Registrant Obligations; Continuing Education

N.H. Code Admin. R. Ann. Plc 804.01 Registrant Obligations to Notify, Display Registration {#sec-plc-804.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 804.01}

(a) Each registrant shall:

(1) Notify the licensing bureau within 10 working days when a change of name occurs; and

(2) Update the OPLC’s records within 10 working days when a change of personal contact information occurs.

(b) As required by RSA 327-A:8, registrants shall display their registrations so as to be visible to customers in their principal place of business.

(c) Each registrant shall know, and have available in the registrant’s office or other place of business, information regarding how complaints can be filed with the OPLC.

(d) Each registrant shall inform the licensing bureau within 10 working days of any of the circumstances identified in Plc 307.02.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 804.02 Registrant Responsibilities for Renewal {#sec-plc-804.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 804.02}

Each registrant shall:

(a) Know when the individual’s registration is due to expire; and

(b) File an application for renewal prior to the expiration of the current registration in accordance with Plc 805 if the registrant wishes to continue to practice in New Hampshire.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 804.03 Continuing Education {#sec-plc-804.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 804.03}

(a) As required by RSA 327-A:14, registered ophthalmic dispensers shall complete a minimum of 8 continuing education credits during the 2 year period prior to each renewal of registration.

(b) The credits shall be earned through any combination of live synchronous classes, whether attended remotely or in person, remote classes, or other online mechanisms.

(c) Continuing education events approved by the ABO-NCLE shall qualify for continuing education credits without pre-approval by the executive director.

(d) Events that are not approved by the ABO-NCLE shall be pre-approved by the executive director as described in Plc 804.04 to qualify for continuing education credits.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 804.04 Pre-Approval of Continuing Education Programs by the Executive Director {#sec-plc-804.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 804.04}

(a) Requests for pre-approval of programs for continuing education credits shall be submitted by the organization sponsoring the event.

(b) Organizations requesting pre-approval of programs for continuing education credits shall submit requests to the executive director, in writing, at least 60 days prior to the scheduled event.

(1) The name of the program;

(2) The location of the program;

(3) The sponsor or presenter of the program;

(4) The email address and telephone number of the sponsor or presenter;

(5) The email address and daytime telephone number of an individual who is authorized by the sponsor or presenter to interact with the OPLC regarding the application;

(6) A complete description of the program, including how the program will contribute to the advancement, extension, or enhancement of the professional skills and technical knowledge of ophthalmic dispensers;

(7) The total length of the program and the length of each segment if applicable;

(8) The date(s) on which the program is expected to be offered; and

(9) The number of continuing education credits being requested for the program.

(d) The executive director shall approve the proposed continuing education program if the program:

(1) Is sponsored by a national, regional, or state optical company or trade or professional association; and

(2) Contributes to the advancement, extension, or enhancement of the professional skills and the technical knowledge of ophthalmic dispensers.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 804.05 Documentation Requirements; Audits {#sec-plc-804.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 804.05}

(a) Each registrant shall retain documentation of participating in continuing education programs for the current registration term and the most recent renewal period.

(b) Upon being notified by the OPLC that an on-line system administered by a third-party organization is available to manage continuing competence compliance, each registrant shall use the on-line system to track and report the completion of continuing education.

(1) Randomly selecting 10% of registrants each year to be audited; and

(2) Notifying each selected registrant of the audit by email sent to the registrant’s designated email address.

(d) The notice sent pursuant to (c)(2), above, shall direct the registrant to submit documentation for the continuing education claimed by the registrant for the most recent renewal period to the executive director by a specified date, which shall be no sooner than 30 days from the date of the notice.

(e) In response to the notice, a registrant selected for audit shall submit the following to the executive director no later than the date specified in the notice.

(1) Documentation of attendance for a seminar or event, or documentation of successful completion of a self-directed program; or

(2) For any time period covered by the on-line system, a copy of the on-line records, subject to (f), below.

(f) In lieu of submitting a copy of the on-line records, a registrant selected for audit may provide the executive director with direct access to the on-line records.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

Part Plc 805 Registration Renewal and Reinstatement

N.H. Code Admin. R. Ann. Plc 805.01 Eligibility for Registration Renewal {#sec-plc-805.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.01}

To be eligible for renewal of a registration to practice ophthalmic dispensing, an individual shall:

(a) Have completed not less than 8 hours of continuing education, as required by RSA 327-A:14 and as described in Plc 804.03;

(b) Have paid all administrative and civil penalties imposed, if any; and

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.02 Notification of Pending License Expiration {#sec-plc-805.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.02}

(a) At least 60 days prior to the expiration of a registration, the licensing bureau shall:

(1) Notify, in writing to the registrant’s designated email address, each registrant whose registration is expiring that:

a. The registration is due to expire;

b. Failure to file a complete and timely application for renewal shall result in the registration expiring;

c. If the registration expires, the registrant shall not be able to work legally in New Hampshire unless and until a registration is reinstated;

d. The application for reinstatement shall require a new application processing and licensing fee; and

e. The application processing and licensing fee paid with the renewal application shall not be refunded; and

(2) Include with the notice a copy of the application identified in Plc 805.03(a) or, when the application becomes available on-line, a registration code for the registrant to use to renew on-line, if a code is necessary.

(b) A registrant who wishes to renew who does not receive an application or registration code shall contact OPLC customer support at CustomerSupport@oplc.nh.gov to obtain an application or code.

(c) If an application for renewal is received by the OPLC after the expiration date of the registration, the registration shall be expired.

(d) An ophthalmic dispenser whose registration has expired shall not practice ophthalmic dispensing in New Hampshire unless and until the registration has been reinstated.

(e) An ophthalmic dispenser whose registration has expired who wishes to be reauthorized to practice ophthalmic dispensing shall apply for reinstatement of the registration in accordance with Plc 805.10.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.03 Applying for Registration Renewal {#sec-plc-805.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.03}

A registrant who wishes to renew a registration to practice ophthalmic dispensing shall submit the following to the licensing bureau:

(a) A completed “Universal Application for License Renewal” as tailored for ophthalmic dispensing registrations, dated March 2023, that provides the information required by Plc 308.06 and is signed and attested to as specified in Plc 308.08;

(b) The information and documentation required by Plc 308.07, as applicable;

(c) The information and attestation relative to meeting continuing education requirements, as specified in Plc 805.04; and

(d) The application processing and licensing fee specified in Plc 1002.36, provided that applicants applying for facilitated registration as active military or a military spouse shall not pay the fee.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.04 Information and Attestation Relative to Continuing Education {#sec-plc-805.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.04}

(a) An applicant for renewal of an ophthalmic dispensing registration shall provide the following information relative to continuing education:

(1) The total number of continuing education credits earned by the applicant since the beginning of the current registration term; and

(2) The following information for each continuing education program for which credit is claimed:

a. The name of the program;

b. The beginning and ending date(s) of the program;

c. The name and address of the sponsor of the program; and

d. The total number of continuing education hours claimed for the program.

(b) Submission of the information shall constitute the applicant’s attestation that the applicant has met all continuing education requirements of RSA 327-A:14 and Plc 800.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.05 Initial Review of Renewal Applications {#sec-plc-805.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.05}

Within 30 days of receipt of an application submitted pursuant to Plc 805.03, the licensing bureau shall process the application as provided in Plc 308.09.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.06 Withdrawal or Abandonment of Renewal Application {#sec-plc-805.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.06}

(a) An applicant may withdraw an application to renew a registration at any time prior to being notified of a decision under Plc 805.07 by proceeding in accordance with Plc 308.10.

(b) A renewal application shall be deemed to be abandoned if the applicant files an incomplete application and does not provide all information necessary to complete the application when directed to do so pursuant to Plc 308.09.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.07 Review of Complete Renewal Applications; Decisions {#sec-plc-805.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.07}

(a) The licensing bureau shall review complete applications as provided in Plc 308.11.

(b) The licensing bureau shall renew the license of any applicant who:

(1) Has submitted an application that meets the requirements of Plc 805.03;

(2) Meets the eligibility for renewal criteria specified in Plc 308.02 and Plc 805.01;

(3) Has not been shown, through an adjudicative proceeding, to not be in compliance with RSA 327-A and Plc 800; and

(4) Has not been shown, through an adjudicative proceeding, to have engaged in an act that would result in denial under RSA 327-A:9.

(c) The licensing bureau shall notify the applicant of the decision on the application in writing sent to the applicant’s designated email address.

(d) If the licensing bureau determines that the applicant has not demonstrated that all requirements to obtain a license are met, then:

(1) The licensing bureau shall deny the application; and

(2) The notice sent pursuant to (c), above, shall inform the applicant of the reason(s) for the denial and that the denial shall be final in 30 days unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied, the application processing and licensing fee shall not be refunded.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.08 Renewal Registration: Issuance and Duration {#sec-plc-805.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.08}

(a) Each renewal registration issued by the OPLC shall specify:

(1) The name of the registrant;

(2) The effective dates of the registration; and

(3) The registration number.

(b) Each renewal registration shall:

(1) Be valid for 2 years from the date of issuance, provided that the timely filing of a complete renewal application shall continue the validity of the registration being renewed until final action is taken on the renewal application;

(2) Expire 2 years from the date on which the registration was issued unless a timely and complete renewal application is filed or the registration is sooner suspended or revoked pursuant to Plc 807; and

(3) Be subject to renewal biennially.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.09 Challenging a Denial of Registration Renewal {#sec-plc-805.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.09}

An applicant who wishes to challenge the denial of an application for registration renewal shall do so as provided in Plc 308.12.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.10 Reinstatement of a Registration After Expiration {#sec-plc-805.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.10}

(a) An individual whose registration has expired shall not practice in New Hampshire unless and until the individual has obtained a license in accordance with RSA 327-A and Plc 800.

(b) An individual whose registration has expired who wishes to obtain a license in New Hampshire shall apply for reinstatement by filing a complete application for renewal, including obtaining the required number of continuing education credits.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 805.11 Reinstatement of a Registration After Suspension or Revocation {#sec-plc-805.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 805.11}

(a) Reinstatement of a registration previously suspended or revoked shall be in accordance with Plc 312.05, subject to (b) and (c), below.

(b) Pursuant to RSA 327-A:11, if a registration is revoked or an application is denied, no such registration shall be issued to such former registrant or applicant for at least 6 months from the date the revocation or denial was deemed final, provided that the individual may request the executive director to exercise the discretion authorized by RSA 327-A:11, I by requesting a waiver in accordance with Plc 211.

(c) An ophthalmic dispenser whose registration has been revoked or denied and who wishes to reapply for a registration shall reapply for an initial ophthalmic dispensing registration in accordance with Plc 803.03.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

Part Plc 806 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 806.01 Applicability {#sec-plc-806.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 806.01}

(a) The standards in this part shall apply to each individual who applies to be registered under RSA 327-A or who is registered under RSA 327-A.

(b) Violations of these standards shall constitute unprofessional conduct that subjects the violator to disciplinary proceedings pursuant to Plc 807.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 806.02 Ethical Standards {#sec-plc-806.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 806.02}

Each individual who is subject to this chapter shall:

(a) Ensure that any commercial interests of the individual or the individual’s employer are not permitted to override the independent exercise of professional judgment with regard to a patient, or to compromise the standard of care provided, or to affect their cooperation with other healthcare providers;

(b) If an employer, refrain from exerting pressures on staff that may compromise patient welfare;

(c) Provide each patient with information that is sufficient to allow the patient to make informed decisions about the patient’s care;

(d) If a patient’s needs are beyond the scope or skills of the ophthalmic dispenser, advise the patient of this and refer the patient to a practitioner who has the necessary skills, knowledge, qualifications, and experience to address the patient’s needs;

(e) Engage in activities only in those areas in which the individual is trained and competent;

(f) Maintain comprehensive, accurate, and up-to-date clinical records;

(g) Maintain appropriate privacy protections for all clinical records; and

(h) Delegate tasks only to personnel who are appropriately qualified and competent to perform the assigned task.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 806.03 Professional Obligations {#sec-plc-806.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 806.03}

Each individual who is subject to this chapter shall:

(a) Comply with RSA 327-A, Plc 307.05 as reprinted in Appendix C, and Plc 800;

(b) Comply with any disciplinary or remedial orders issued by the executive director within any time periods specified;

(d) Not misrepresent professional qualifications or credentials;

(e) Cooperate with inspections and with lawful investigations by the executive director;

(f) Treat all individuals with whom the individual interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the practitioner-patient relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by the patient or a colleague;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(i) Not discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, national origin, or any other class of individuals protected by law.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

Part Plc 807 Procedures for Complaints; Disciplinary Actions; Waivers

N.H. Code Admin. R. Ann. Plc 807.01 Complaint Procedure {#sec-plc-807.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 807.01}

Any person who wishes to file a complaint against an ophthalmic dispenser, or against an individual who is practicing ophthalmic dispensing without a registration, shall do so in accordance with Plc 204.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 807.02 Complaint Investigation {#sec-plc-807.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 807.02}

Complaints alleging a violation of RSA 327-A or Plc 800, or both, shall be investigated as provided in Plc 204.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 807.03 Revocation, Denial, and Disciplinary Action {#sec-plc-807.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 807.03}

Administrative disciplinary actions against an applicant or registrant, such as application denial, suspension or revocation of registration, or the imposition of a fine, shall be initiated and pursued as provided in Plc 206 and Plc 311.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 807.04 Administrative Fines {#sec-plc-807.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 807.04}

(a) The executive director shall issue a written notice to any individual proposed to be subjected to an administrative fine that notifies the individual:

(1) Of the violation(s) for which the administrative fine is proposed;

(2) Of the amount of the proposed administrative fine;

(3) That the individual may request a hearing prior to the imposition of the fine; and

(4) Of the deadline for requesting a hearing, which shall be no sooner than 20 days from the date of the notice.

(b) If the recipient of the notice requests a hearing, the hearing shall be conducted in accordance with the provisions in Plc 200 and RSA 541-A that govern adjudicative proceedings.

(c) If the individual who is proposed to be fined waives the right to a hearing and chooses to pay the proposed fine, the fine shall be paid by sending payment in cash or by check or money order made payable to “Treasurer – State of New Hampshire” to the OPLC within 30 days of receipt of the notice of fine.

(d) Administrative fines for violations of RSA 317-A or Plc 800 shall be imposed in accordance with Plc 311 based on the following schedule of fines:

(1) For submitting false or fraudulent material information on or with an application, the fine shall be $250 per item of material false information submitted;

(2) For falsifying a registration to practice ophthalmic dispensing, the fine shall be $250 for each day the individual practices ophthalmic dispensing under the falsified registration;

(3) For practicing ophthalmic dispensing, including the dispensing of plano lenses, without a registration, the fine shall be $250 per client served;

(4) For failing to submit a plan of correction in accordance with Plc 312.05, the fine shall be $250 for each month or portion thereof the plan is not submitted;

(5) For failing to implement and maintain a plan of correction, the fine shall be $250 per item not implemented;

(6) For failing to cooperate during an investigation, the fine shall be $250 per occurrence of non-cooperation; and

(7) For failing to display the certificate of registration as required by RSA 327-A:8, the fine shall be $250 per month or portion thereof the certificate of registration is not displayed.

(e) If the executive director believes a fine is appropriate for a violation that is not included in (d), above, the amount of the fine to be sought shall be no more than $250 for each offense and scaled to reflect the scope and severity of the violation based on:

(1) How much the misconduct deviated from the requirement;

(2) Whether the misconduct was committed negligently, recklessly, or intentionally; and

(3) The extent of harm or potential for harm that occurred.

(f) As provided in RSA 327-A:17, the imposition of an administrative fine shall not preclude the imposition of further penalties or administrative actions.

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24

N.H. Code Admin. R. Ann. Plc 807.05 Waivers {#sec-plc-807.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 807.05}

Applicants or registrants seeking waivers of specific rules in this chapter shall submit a written request for waiver in accordance with Plc 211.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Plc 800 (see below for specific sections)

RSA 327-A

Plc 803

RSA 327-A:2; RSA 327-A:3; RSA 327-A:6; RSA 327-A:7

Plc 804

RSA 327-A:8; RSA 327-A:14

Plc 805

RSA 327-A:14

Plc 806

RSA 327-A:12, IV

Plc 807

RSA 327-A:11; RSA 327-A:17

Appendix B: Statutory Provisions

327-A:1 Definitions. – In this chapter:

I. “Ophthalmic dispensing” means the design, verification, and delivery to the intended wearer of lenses, frames, and other specially fabricated optical devices upon prescription. It includes, but is not limited to, prescription analysis and interpretation; the taking of measurements, including the pupillary distance, to determine the size, shape, and specifications of the spectacle lenses, frames, or lens forms best suited to the wearer's needs; the preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear; the verification of the quality of finished ophthalmic products, the adjustment of lenses or frames to the intended wearer's face; the delivery of such ophthalmic products including instruction in hygiene and insertion and removal of contact lenses; and the adjustment, replacement, and reproduction of previously prepared ophthalmic lenses, frames, contact lenses, or other specially fabricated ophthalmic devices. It does not include the alteration without permission of the prescriber of any prescriptions, nor does it include the fitting of contact lenses which may only be performed by ophthalmologists or optometrists pursuant to law regulating such practices, unless the ophthalmic dispenser is in possession of a statement of delegation authorizing the fitting of contact lenses.

II. “Fitting contact lenses” means measurement of the shape of the eye, as well as determining the lens specifications, including base curve, size, shape, thickness, color, and material composition.

III. “Prescription for spectacle lenses” means a dated and signed, written or oral direction not more than 24 months old from an ophthalmologist or optometrist for therapeutic or corrective lenses which states the prescribed refractive power and when necessary, the vertex distance, cylinder axis, and prism. The oral prescription must be recorded and kept on file for one year by the ophthalmic dispenser.

IV. “Prescription for contact lenses” means a dated and signed, written direction specifying that it is for contact lenses or plano lenses, and shall include at least the power, size, curvature, color, and material composition of the lenses. A prescription for contact lenses may also include, at the prescriber's professional discretion, other parameters or instructions such as lens manufacturer, prescription expiration date, number of permitted refills, and a statement prohibiting substitutions. Such parameters or instructions shall be honored by a person filling the prescription. Unless otherwise specified by the prescriber for health reasons, a contact lens prescription shall expire one year from the date of issue.

VII. “Ophthalmic dispenser/optician” means anyone who sells or dispenses, upon prescription, spectacles, eyeglasses or contact lenses.

VIII. “Statement of delegation” means a written, signed statement from the prescribing ophthalmologist or optometrist which authorizes a named ophthalmic dispenser to fit the prescription for contact lenses. The statement shall be written on the prescription for contact lenses or shall be a letter which shall be attached to the prescription for contact lenses.

IX. “Plano lenses” means contact lenses with no refractive power.

327-A:9 Suspension, Revocation or Refusal to Issue Certificate. – The executive director may deny the application for a certificate of registration and may suspend or revoke the registration of any ophthalmic dispenser issued pursuant to this chapter or refuse to issue a renewal thereof if it is determined after hearing that such applicant or registrant:

I. Has made a material false statement or concealed a material fact in connection with his application for certificate of registration;

II. Has had a certificate of registration issued under this chapter revoked or suspended previously;

III. Has been found guilty of fraud or fraudulent practices after prosecution by the attorney general, or has used dishonest or misleading advertising;

IV. Has failed to follow the orders on the prescription of an ophthalmologist or optometrist;

V. Has failed to comply with any other provision of this chapter or any rules promulgated by the executive director.

327-A:13 Persons and Practices Not Affected. – Nothing in this chapter shall apply to:

I. Licensed physicians and surgeons authorized to practice medicine or surgery and licensed optometrists authorized to practice optometry under the laws of this state.

II. [Repealed.]

III. Any individual, firm, or corporation employing persons registered under this chapter.

IV. The activities of any employee of an ophthalmic dispenser, licensed physician, or optometrist if the employee is not engaged in ophthalmic dispensing as defined in RSA 327-A:1, I. Such activities shall include, but not be limited to, the sale of related products, work performed by laboratory technicians, and the making of minor mechanical repairs on eyeglasses or frames.

Appendix C: Plc 307.05

History

(See Revision Note at chapter heading for Plc 800) #13885 eff 4-15-24
1989, 389:1. 1995, 310:157, 158. 1998, 308:1. 2011, 121:4, 5. 2015, 276:92, 108, XXI, eff. July 1, 2015. 2022, 298:1, eff. Jan. 1, 2023.
1989, 389:1. 1995, 310:183, eff. Nov. 1, 1995. 2017, 144:17, eff. Aug. 15, 2017.
1989, 389:1. 1998, 308:3. 1999, 221:1, 2, eff. Sept. 4, 1999.

N.H. Code Admin. R. Ann. Plc 307.05 Obligations of Persons Subject to These Rules {#sec-plc-307.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.05}

(a) Each person subject to these rules shall comply with all applicable law.

(d) Each person subject to these rules shall provide honest and accurate information in reports prepared as part of practicing the profession in which the person is authorized to practice.

(e) Each person subject to these rules shall report evidence of professional misconduct on the part of another licensee when that conduct poses a potential threat to life, health, or safety.

(f) Each person subject to these rules shall maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the professional-client or professional-patient relationship in a sexual way; and

(2) Avoiding any behavior that is sexual, seductive, suggestive, or sexually demeaning, or could be reasonably interpreted as such, even when initiated by or consented to by the target of the behavior.

(g) Each person subject to these rules shall be truthful in publicly representing or advertising the person’s services by avoiding the following:

(1) False, deceptive, or misleading statements, including the misleading use of credentials;

(2) Unreasonable or exaggerated claims of success;

(3) Guarantees of success;

(4) Claims or implications of professional superiority or of training that cannot be substantiated; and

(5) Unsubstantiated claims of expertise or certification of such in any specific areas of the scope of practice set forth in applicable law.

(h) Each person subject to these rules shall interact with colleagues and clients or patients, as applicable, with honesty and integrity.

(i) No person subject to these rules shall misrepresent professional qualifications or credentials.

(j) Each person subject to these rules shall treat all individuals with whom the person interacts in a professional capacity with respect and civility.

(k) No person subject to these rules shall engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity.

Chapter Plc 300 titled “Massage Therapists” was subsequently renumbered as Chapter Plc 900 as an editorial change during the process pursuant to RSA 541-A:15, I of preparing the rules in Document #13383 for certification by the Office of Professional Licensure and Certification (OPLC). The renumbering is part of a re-organization plan for rules under the prefix title “Plc” as submitted by the Executive Director of the OPLC to the Office of Legislative Services.

Part Plc 904 Part Plc 905

N.H. Code Admin. R. Ann. Plc 906.01 Massage Therapists {#sec-plc-906.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 906.01}

Plc 906.01 and Plc 906.02

N.H. Code Admin. R. Ann. Plc 905.02 Massage Therapists {#sec-plc-905.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 905.02}

Plc 906.03-Plc 906.07

N.H. Code Admin. R. Ann. Plc 905.04 Massage Therapists {#sec-plc-905.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 905.04}

Plc 907.02

N.H. Code Admin. R. Ann. Plc 905.01 Massage Therapists {#sec-plc-905.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 905.01}

Plc 907.03

N.H. Code Admin. R. Ann. Plc 905.03 Massage Therapists {#sec-plc-905.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 905.03}

Plc 907.04

Part Plc 901 Purpose and Applicabilty; Sending Notices and Licenses; Incorporated Definitions

N.H. Code Admin. R. Ann. Plc 901.01 Purpose {#sec-plc-901.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 901.01}

The purpose of this chapter is to implement RSA 328-B relative to regulating the practice of massage therapy, by establishing requirements for:

(a) Obtaining and renewing a license to practice massage therapy; and

(b) The regulation of the practice of massage therapy, including establishing ethical and professional standards required to be met by each holder of a license.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 901.02 Applicability {#sec-plc-901.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 901.02}

Subject to the exemptions provided in RSA 328-B:10, reprinted in Appendix B, this chapter shall apply to any individual who intends to practice or who does practice massage therapy in New Hampshire.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 901.03 Notifications; Issuance of Licenses {#sec-plc-901.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 901.03}

The office of professional licensure and certification (OPLC) shall send all notifications to applicants and licensees, and all licenses issued pursuant to this chapter, in accordance with Plc 301.03.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 901.04 Incorporated Definitions {#sec-plc-901.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 901.04}

All terms used in these rules relative to procedures, applications, inspections, and fees that are defined in Plc 100, Plc 200, Plc 300, Plc 400, or Plc 1000 shall have the meaning specified in those chapters.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

Part Plc 902 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Plc 902.01 Advisory board {#sec-plc-902.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.01}

“Advisory board” means “advisory board” as defined in RSA 328-B:2, II, reprinted in Appendix B.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.02 Allied bodyworker techniques {#sec-plc-902.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.02}

“Allied bodyworker techniques” means techniques that enhance therapeutic effects on the body, which can be used in conjunction with massage therapy.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.03 Applicant {#sec-plc-902.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.03}

“Applicant” means “applicant” as defined in RSA 328-B:2, I, reprinted in Appendix B.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.04 Authorized emergency aid training organization {#sec-plc-902.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.04}

“Authorized emergency aid training organization” means:

(a) The American Heart Association, available at https://www.heart.org/;

(b) The American Red Cross, available at https://www.redcross.org;

(d) The Emergency Care & Safety Institute, available at https://www.ecsinstitute.org/; or

(e) Any other organization that offers a CPR or first aid course, as applicable, that meets or exceeds:

(1) American Heart Association standards, for CPR certification; or

(2) American Red Cross standards, for first aid certifications.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.05 Cardiopulmonary resuscitation (CPR) {#sec-plc-902.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.05}

“Cardiopulmonary resuscitation (CPR)” means a procedure involving repeated compression of a patient’s chest, performed in an attempt to restore the blood circulation and breathing of an individual who has suffered cardiac arrest.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.06 CPR certification {#sec-plc-902.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.06}

“CPR certification” means cardiopulmonary resuscitation certification obtained from an authorized emergency aid training organization.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.07 First aid {#sec-plc-902.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.07}

“First aid” means the first and immediate assistance given to an individual who is ill or who has been injured, to preserve life, prevent the condition from worsening, or promote recovery until medical services are available.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.08 First aid certification {#sec-plc-902.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.08}

“First aid certification” means certification in first aid techniques that is obtained from an authorized emergency aid training organization.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.09 Hydrotherapy {#sec-plc-902.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.09}

“Hydrotherapy” means the application of water in its varied forms, such as solid, liquid, or vapor, to the body for therapeutic effects.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.10 Inappropriate sexual contact {#sec-plc-902.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.10}

“Inappropriate sexual contact” means the intentional touching by the massage therapist of a client’s breasts or genitalia when such touching:

(1) Is a therapeutic aspect of the massage, but is done without the informed consent of the client; or

(2) Is not a necessary, therapeutic aspect of the massage, and is performed primarily for the purpose of sexual arousal or gratification of the massage therapist or the client.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.11 Kinesiology {#sec-plc-902.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.11}

“Kinesiology” means the scientific study of human body movement.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.12 Licensee {#sec-plc-902.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.12}

“Licensee” means “licensee” as defined in RSA 328-B:2, V, reprinted in Appendix B.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.13 Massage {#sec-plc-902.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.13}

“Massage” means “massage” as defined in RSA 328-B:2, VI, reprinted in Appendix B.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.14 Massage therapist {#sec-plc-902.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.14}

“Massage therapist” means “massage therapist” as defined in RSA 328-B:2, VIII, reprinted in Appendix B.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.15 Offense {#sec-plc-902.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.15}

“Offense” means an act of inappropriate sexual contact occurring during the course of a single massage.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 902.16 Sanitary practices {#sec-plc-902.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 902.16}

“Sanitary practices” means actions that can be taken to maintain conditions in, or return conditions to, a state that is free of dirt and agents of infection or disease.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

Part Plc 903 Advisory Board

N.H. Code Admin. R. Ann. Plc 903.01 Advisory Board Members Appointment and Qualifications {#sec-plc-903.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 903.01}

(a) As required by RSA 328-B:5, the executive director shall establish an advisory board of massage therapists consisting of 3 members, who shall be licensed massage therapists.

(b) As provided in RSA 328-B:5:

(1) Each member shall be appointed to a term of 3 years; and

(2) No member shall serve more than 2 consecutive full terms.

(1) Be currently licensed in New Hampshire when appointed and for the duration of the term; and

(2) Have actively practiced in New Hampshire for at least one year immediately preceding appointment to the advisory board.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 903.02 Advisory Board Officers {#sec-plc-903.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 903.02}

Annually, at the first meeting of the calendar year, the duly-appointed advisory board members shall elect, from among the advisory board members, a chair and a vice chair.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 903.03 Advisory Board Address and Contact Information {#sec-plc-903.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 903.03}

(a) The advisory board’s offices shall be at the offices of the OPLC, located as provided in Plc 103.03.

(b) All correspondence with the advisory board shall be addressed as specified in Plc 103.03(d).

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 903.04 Meetings and Records of Advisory Board {#sec-plc-903.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 903.04}

(a) The advisory board shall meet at the call of the advisory board chair or the executive director.

(d) Records of the advisory board shall be maintained by the executive director as required by RSA 91-A.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 903.05 Responsibilities of Advisory Board {#sec-plc-903.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 903.05}

(a) The advisory board shall have the responsibilities listed in RSA 328-B:5.

(c) If requested by the executive director based on a determination that the expertise of the advisory board members is needed, one or more members of the advisory board shall assist with an investigation commenced pursuant to Plc 204 relative to complaints and investigations.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

Part Plc 904 Initial Licensure as a Massage Therapist

N.H. Code Admin. R. Ann. Plc 904.01 Qualifications for Initial Licensure as a Massage Therapist {#sec-plc-904.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.01}

To qualify for initial licensure as a massage therapist, an individual shall:

(a) Meet the educational requirements described in Plc 904.02; and

(b) Pass one of the examinations identified in Plc 904.05.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 904.02 Educational Requirements for Initial Licensure as a Massage Therapist {#sec-plc-904.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.02}

The minimum educational qualifications for licensure as a massage therapist shall be completion of a course of study at a qualifying massage therapy school as described in Plc 904.03.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 904.03 Qualifying Massage Therapy Schools {#sec-plc-904.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.03}

(a) A qualifying massage therapy school shall:

(1) Be authorized to conduct business as a massage therapy school under all applicable laws of the jurisdiction in which the school is located;

(2) Keep all records of practical hours described in Plc 904.04 on file for not less than 3 years after the student’s completion of the massage therapy program, either as originals or copies stored electronically;

(3) Make all school logs as described in Plc 904.04(c) available and subject to inspection by the OPLC and the advisory board for massage therapists and the post-secondary education agency in the jurisdiction in which the school is located; and

(4) Subject to (b), below, be accredited by:

a. The Commission on Massage Therapy Accreditation (COMTA);

b. The Accrediting Bureau of Health Education Schools (ABHES); or

c. The Accrediting Council for Continuing Education and Training (ACCET).

(b) A qualifying massage therapy school that is not accredited as required by (a)(4), above, shall require study for at least 725 hours over a period of not less than 6.5 months of the following topics for not less than the stated number of hours:

(1) Anatomy and physiology, 150 hours;

(2) History, theory, practice, benefits, and contraindications of massage therapy, related modalities, and adjunct therapies within the scope of practice of a massage therapist, including but not limited to Swedish massage and hydrotherapy, 375 hours;

(3) Hygiene and sanitary practices, including blood-borne pathogen standards and adult CPR and first aid, 50 hours;

(4) Health service management, business practices, and ethics of massage, 50 hours; and

(5) Not less than 100 practical hours that are verifiably documented in accordance with Plc 904.04.

(c) The program offered by a qualifying massage therapy school may include one or more courses offered via the Internet as distance learning, provided that:

(1) The distance learning courses are not palpation dependent, hands-on courses;

(2) All palpation dependent, hands-on courses are taken in person at the qualifying massage school;

(3) Specific learning goals for each course are posted online;

(4) All distance learning courses provide students with on-going access to interaction between faculty and students through use of online communications tools that include:

a. Online discussion board;

b. Virtual classroom;

c. Responsive email; and

d. Live chat;

(5) Each course includes a weekly scheduled time for students to communicate live with the course instructor;

(6) Each course provides timely and reliable feedback to students; and

(7) Each distance learning course includes the use of an online gradebook to allow students to monitor their progress throughout the course that is updated within 10 working days after each activity that affects a student’s grade.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 904.04 Verifiably Documented Practical Hours {#sec-plc-904.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.04}

The practical hours required by Plc 904.03(b)(5) shall be verifiably documented with the following:

(a) Client information forms completed for each client, that shall include at least:

(1) The client’s name, address, and telephone number; and

(2) The client’s dated signature;

(b) Client notes, that shall include at least:

(1) The student therapist’s name;

(2) The client’s name;

(3) The date of the session;

(4) The duration of the session; and

(5) Session notes, namely notes that serve the primary purpose of reminding the practitioner of key details about a client’s condition or treatment; and

(1) Student’s name;

(2) Client’s name, address, and telephone number;

(3) Date of the session;

(4) Duration of the session; and

(5) Signature of the school representative, at the completion of the program, verifying that all client information forms and client notes required by (a) and (b), above, have been reviewed, are complete, and have been accepted by a faculty member or other authorized school official.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 904.05 Written Examination for Initial Licensure as a Massage Therapist {#sec-plc-904.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.05}

Prior to applying for licensure, applicants for initial licensure as a massage therapist shall pass:

(a) The “Massage and Bodywork Licensure Examination” (MBLEx) offered by the Federation of State Massage Therapy Boards (FSMTB); or

(b) Any other written certifying examination recognized by at least one third of the states that require the licensure of massages therapists in order to practice therapeutic massage.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 904.06 Application for Initial Massage Therapist License {#sec-plc-904.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.06}

Any individual who meets the qualifications for licensure stated in Plc 904.01 who wishes to engage in the practice of massage therapy in New Hampshire shall apply by complying with Plc 304.01, subject to the following:

(a) On or with the profession-specific supplement required by Plc 304.01(a)(3), the applicant shall provide the documentation required by Plc 904.07;

(b) No criminal background check shall be required; and

(c) The fee shall be the application processing and licensing fee specified in Plc 1002.24, provided that an applicant who is active military or a military spouse shall not pay the fee.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 904.07 Documentation Required for Initial License Application {#sec-plc-904.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.07}

In addition to the documentation required by Plc 304.04, the applicant for an initial license to practice massage therapy shall provide the following documentation:

(a) An official copy of the diploma or certificate received from the qualifying massage therapy school;

(b) Documentation of passing the written exam required by Plc 904.05 and, if not the MBLEx, proof that the examination meets the criterion in Plc 904.05(b);

(c) As required by RSA 328-B:6, I(d), a statement verifying that the applicant is in good mental and physical health, meaning physically and mentally capable of performing massage therapy, or an explanation of the circumstances that prevent the applicant from so verifying; and

(d) As required by RSA 328-B:6, I(c), a statement that the applicant has not been convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime, in New Hampshire or any other jurisdiction, or an explanation of each conviction including the jurisdiction, date, crime, sentence imposed, and any rehabilitative action(s) the applicant has taken subsequent to being charged with the crime.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 904.08 Processing of Applications for Initial Licensure; Decisions {#sec-plc-904.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.08}

(a) Within 30 days of receipt of an application for initial licensure submitted pursuant to Plc 904.06, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h) and the withdrawal provisions of Plc 304.07.

(c) After determining that an application is complete, the licensing bureau shall review the application in accordance with Plc 304.08.

(d) The licensing bureau shall make a decision and notify the applicant in accordance with Plc 304.09, subject to (e), below.

(e) The licensing bureau shall approve an application for initial licensure and issue a license to practice massage therapy if the applicant:

(1) Has submitted an application that meets the requirements of Plc 904.06;

(2) Meets the qualifications for granting a license specified in Plc 904.01; and

(3) Has not answered “yes” to any of the background and character questions in Plc 304.03(e) or has provided an explanation of each “yes” answer pursuant to Plc 304.04 demonstrating that similar circumstances are not likely to arise in New Hampshire.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 904.09 Initial Licenses: Issuance and Duration {#sec-plc-904.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.09}

(a) The OPLC shall issue initial licenses in accordance with Plc 304.11.

(b) Initial licenses shall be valid as provided in Plc 304.12.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 904.10 Challenging a Denial of Initial Licensure; Challenging License Conditions {#sec-plc-904.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 904.10}

An applicant who wishes to challenge the denial of an application for initial licensure or who wishes to challenge conditions included in the license shall do so as provided in Plc 304.10.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

Part Plc 905 Temporary License

N.H. Code Admin. R. Ann. Plc 905.01 Temporary Licensure as a Massage Therapist {#sec-plc-905.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 905.01}

As provided in RSA 328-B:5-a, the executive director shall issue a temporary license to any person who has attended a massage therapy program in another state who does not currently meet the requirements for licensure, subject to the conditions specified therein, namely that the applicant:

(a) Is at least 21 years old on the date of the application;

(b) Meets the requirements of RSA 328-B:6, I(a), relative to submitting the application and fee, and (c), relative to not having been convicted in New Hampshire or in any other state of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime;

(d) Provides documentation of practicing as a massage therapist in another state for at least one year.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 905.02 Duration of Temporary Massage Therapist License {#sec-plc-905.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 905.02}

(a) As provided in RSA 328-B:5-a, II, temporary licenses shall be valid for one year from the date of issue, to allow the temporary licensee to complete any additional educational or examination requirements for an initial license.

(b) As provided in RSA 328-B:5-a, III, temporary licenses shall not be renewed.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

Part Plc 906 Licensee Obligations; Continuing Education

N.H. Code Admin. R. Ann. Plc 906.01 Licensee Obligations for Notifications and Updates {#sec-plc-906.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 906.01}

Each licensee shall comply with Plc 307.02 relative to required notifications, updates of contact information, and providing information on how complaints can be filed.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 906.02 Licensee Obligations for Posting and Advertising {#sec-plc-906.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 906.02}

(a) Each licensee shall have a copy of the licensee’s massage therapist license available for inspection upon request of a client, potential client, employer, potential employer, or inspector.

(b) Each licensee shall ensure that the licensee’s license number is included with the licensee’s name in:

(1) Any display advertising, such as phone book, newspaper, or website advertising that identifies one or more specific licensees; and

(2) On all business cards and pamphlets or other informational or educational material provided to clients or the public that identify one or more specific licensees.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 906.03 Licensee Responsibilities for Renewal {#sec-plc-906.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 906.03}

Each licensee shall:

(a) Know when the licensee’s license is due to expire; and

(b) Except for holders of a temporary license, file an application for renewal prior to the expiration of the current license in accordance with Plc 907.04 if the licensee wishes to continue to practice in New Hampshire.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 906.04 Additional Licensee Obligations {#sec-plc-906.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 906.04}

Each individual to whom these standards apply shall:

(a) Comply with RSA 328-B, Plc 300, and Plc 900;

(b) Comply with any disciplinary or remedial orders issued by the executive director within the time period specified;

(d) Not misrepresent professional qualifications or credentials;

(e) Cooperate with inspections and with lawful investigations by the OPLC;

(f) Treat all individuals with whom the person interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the practitioner-client relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by a client or colleague;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(i) Not discriminate based on age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, physical or mental disability, or national origin.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 906.05 Continuing Education Required {#sec-plc-906.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 906.05}

Each licensee shall complete 12 hours of continuing education during each licensing period, as required by RSA 328-B:4, VII(j).

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 906.06 Qualifying Continuing Education {#sec-plc-906.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 906.06}

To qualify towards meeting the required hours, any continuing education program, whether presented as a live course, program, workshop, or seminar or as a self-study program, shall:

(a) Be sponsored by:

(1) A professional association that specializes in massage therapy education; or

(2) A post-secondary institution;

(b) Be instructed by a provider who has been approved by:

(1) The National Certification Board for Therapeutic Massage and Bodywork; or

(2) The Federation of State Massage Therapy Boards;

(d) Cover one or more of the following topics at a level above that required to prepare for initial licensure:

(1) Anatomy;

(2) Physiology;

(3) Massage theory;

(4) Massage techniques;

(5) Benefits and contraindications of massage;

(6) Kinesiology;

(7) Hydrotherapy;

(8) Joint movement;

(9) Allied bodyworker techniques;

(10) Communicable disease control;

(11) Hygiene or sanitary practices, which may include adult CPR certification and first aid certification;

(12) Ethical or legal aspects of massage practice; or

(13) Management, administration, or supervision of a business practice, which:

a. Relates directly to the operation of a massage therapy business;

b. Does not include instruction on computer skills; and

c. Is limited to 3 hours per licensing period.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 906.07 Acceptable Continuing Education Formats; Documentation {#sec-plc-906.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 906.07}

Allowable formats and the documentation required for each format shall be as follows:

(a) Courses, programs, workshops, and seminars offered as live programming, for which documentation shall be a document issued to the licensee by the course provider or sponsor, such as a certificate of completion, that shows:

(1) The licensee’s name;

(2) The name and location of the course, program, workshop, or seminar;

(3) The name of the provider or sponsoring entity;

(4) The beginning and ending date(s) of the course or program;

(5) The name of each speaker or instructor;

(6) The number of hours credited by the provider or sponsoring entity; and

(7) The printed name and signature or other official insignia of the speaker, instructor, or representative of the provider or sponsoring entity;

(b) Self-study programs using books, audio, video, or computer programs that require passing a written examination, for which documentation shall be the printed or electronic notification from the sponsor or provider that the licensee passed the examination;

(c) Teaching massage therapy, on an hour per hour basis to a maximum of 6 hours per license term, for which documentation shall be the course roster showing:

(1) The date(s) the course was given;

(2) Total number of hours of the course;

(3) The name of each student participant;

(4) The name of the sponsoring organization; and

(5) The instructor’s printed name and signature;

(d) Publication of books or peer-reviewed articles, for 6 hours per book or peer-reviewed article per license term, for which documentation shall be any item showing:

(1) The title of the writing;

(2) Whether the licensee was the sole author or a co-author;

(3) The date of publication; and

(4) For articles, documentation that the writing was peer-reviewed; and

(e) Publication of non-peer reviewed articles, for 3 hours per article per license term, for which documentation shall be any item showing:

(1) The title of the writing;

(2) Whether the licensee was the sole author or a co-author; and

(3) The date of publication.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 906.08 Documentation Requirements; Audits {#sec-plc-906.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 906.08}

Licensees shall maintain records of continuing education in accordance with Plc 308.04, and shall be subject to the audit provisions in that section.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

Part Plc 907 Massage Therapy License Renewal

N.H. Code Admin. R. Ann. Plc 907.01 Notification of Pending License Expiration {#sec-plc-907.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 907.01}

The licensing bureau shall notify each licensee of the pending expiration of the licensee’s license in accordance with Plc 308.03.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 907.02 Expired Licenses {#sec-plc-907.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 907.02}

(a) If an application for renewal is received after the expiration date of the license, the license shall be expired.

(b) A massage therapist whose license has expired shall not practice massage therapy in New Hampshire unless:

(1) The license is reinstated in accordance with Plc 312, if within one year of expiration; or

(2) A new license is applied for and received, if the expired license has lapsed.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 907.03 Qualifications for Massage Therapist License Renewal {#sec-plc-907.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 907.03}

Any licensee seeking to renew a massage therapist license shall:

(a) Have obtained the hours of continuing education required by Plc 906.05;

(b) Not have been determined through an adjudicative process of having violated RSA 328-B, Plc 900, or the licensure requirements of any other jurisdiction in which the licensee is currently licensed, or any combination thereof;

(c) Have not answered “yes” to any of the background and character questions in Plc 308.06(e) or have provided an explanation of each “yes” answer pursuant to Plc 304.04 demonstrating that similar circumstances are not likely to arise in New Hampshire; and

(d) Meet the eligibility for renewal criteria specified in Plc 308.02.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 907.04 Renewal Application for Massage Therapists {#sec-plc-907.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 907.04}

A licensee who wishes to maintain licensure in New Hampshire shall apply for renewal by complying with Plc 308.05, subject to the following:

(a) On or with the profession-specific supplement required by Plc 308.05(b)(2), the applicant shall provide the information and attestation required by Plc 907.05; and

(b) The fee shall be the application processing and licensing fee for renewal specified in Plc 1002.24, provided that an applicant who is active military or a military spouse shall not pay the application and licensing fee.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 907.05 Information and Attestation Relative to Continuing Education {#sec-plc-907.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 907.05}

(a) An applicant for renewal shall provide the following information relative to continuing education:

(1) The total number of hours achieved by the applicant in continuing education courses or other activities since the beginning of the current license term; and

(2) The following information for each continuing education course and activity for which credit is claimed:

a. The name of the course or activity;

b. The beginning and ending date(s) of the course or activity;

c. The name of the sponsor or provider of the course or activity; and

d. The total number of hours attributable to the course or activity.

(b) Submission of the information shall constitute the applicant’s attestation that the applicant has met all continuing education requirements.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 907.06 Processing of Renewal Applications; Decisions {#sec-plc-907.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 907.06}

(a) Within 30 days of receipt of an application submitted pursuant to Plc 907.04, the licensing bureau shall process the application as provided in Plc 308.09.

(b) The application shall be subject to the abandonment and withdrawal provisions of Plc 308.10.

(c) The licensing bureau shall review complete applications and notify the applicant of its decision as provided in Plc 308.11 and RSA 541-A:29, II.

(d) The licensing bureau shall issue a renewal license if the applicant:

(1) Has submitted a renewal application in accordance with Plc 907.04; and

(2) Meets the eligibility criteria specified in Plc 907.03 and Plc 308.02.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 907.07 Renewal Licenses: Issuance and Duration {#sec-plc-907.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 907.07}

(a) The OPLC shall issue massage therapist renewal licenses in accordance with Plc 308.13(a).

(b) Renewal licenses shall be valid as provided in Plc 308.13(b).

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 907.08 Challenging a Denial of License Renewal; Challenging License Conditions {#sec-plc-907.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 907.08}

An applicant who wishes to challenge the denial of an application for license renewal or who wishes to challenge conditions included in the license shall do so in accordance with Plc 308.12.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

Part Plc 908 Disciplinary Actions; Revocation and Denial; Reinstatement

N.H. Code Admin. R. Ann. Plc 908.01 Disciplinary Actions {#sec-plc-908.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 908.01}

All disciplinary actions shall be conducted in accordance with RSA 310:10, RSA 310:12, Plc 310, and Plc 311.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 908.02 Revocation and Denial {#sec-plc-908.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 908.02}

(a) All revocations and denials shall be undertaken in accordance with Plc 311.

(b) The executive director shall initiate an adjudicative hearing to revoke a license in accordance with Plc 200 if the licensee:

(1) Has, at any time, been convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime in accordance with RSA 328-B:8, IV;

(2) Has given false information relative to continuing education on any renewal application;

(3) Fails to comply with the conditions for the removal of a suspension within 90 days of the suspension taking effect; or

(4) Has committed an offense as defined in Plc 902.15 with a client.

(c) An individual whose massage therapy license has been revoked or whose application for license renewal has been denied based on committing a single offense as defined in Plc 902.15 shall not be eligible to reapply for a massage therapist license for 2 years from the date the revocation or denial became final.

(d) An individual whose massage therapy license was reinstated after being revoked based on committing an offense as defined in Plc 902.15 who is found, after an adjudicative proceeding, to have committed one or more additional offenses shall not be eligible to apply for licensure for 10 years.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 908.03 Reinstatement {#sec-plc-908.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 908.03}

Any individual whose license has been revoked or whose application for license renewal was denied pursuant to Plc 908.02 who wishes to have the license reinstated shall do so in accordance with Plc 312.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35

N.H. Code Admin. R. Ann. Plc 908.04 Administrative Fines {#sec-plc-908.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 908.04}

Administrative fines shall be imposed under Plc 311 based on the following schedule, to a maximum of $3,000 per violation:

(a) For submitting false or fraudulent information on or with the application, the fine shall be $500;

(b) For falsification of a license to practice massage therapy, the fine shall be $3,000;

(d) For advertising as a licensed massage therapist without having a license, the fine shall be $500 for each publication of the advertisement;

(e) For willfully failing or refusing to cooperate during an investigation, the fine shall be $750 for each failure or refusal;

(f) For committing an “offense” as defined in Plc 902.15, the fine shall be $1,500 for the first offense; and

(g) For committing an “offense” as defined in Plc 902.15, the fine shall be $3,000 for each offense after the first offense.

Appendix A: State Statutes Implemented

Proposed Rule

State Statute(s) Implemented

Plc 901

RSA 328-B:1

Plc 902

RSA 328-B:2

Plc 903

RSA 328-B:4, VI; RSA 328-B:5; RSA 541-A:16, I(a)

Plc 904.01

RSA 328-B:4, VII(b), (c); RSA 328-B:6, I

Plc 904.02 - Plc 904.05

RSA 328-B:4, VII(c)

Plc 904.06 and Plc 904.07

RSA 310:4, II(c); RSA 328-B:4, VII(b)

Plc 904.08 - Plc 904.10

RSA 310:4, II(c)

Plc 905

RSA 328-B:6, III

Plc 906

RSA 328-B:4, VII(h); RSA 328-B:5-a

Plc 907

RSA 310:4, II(c); RSA 328-B:4, VII(j)

Plc 908.01

RSA 310:4, II(c)

Plc 908.02

RSA 328-B:3; RSA 328-B:4, VII(c), (e)

Plc 908.03

RSA 310:4, II(c); RSA 310:8; RSA 328-B:4, VII(e)

Plc 908.04 - Plc 908.08

RSA 310:4, II(c); RSA 328-B:4, VII(e)

Plc 909.01 - Plc 909.03

RSA 310:10; RSA 310:12; RSA 328-B:4, VII(i); RSA 328-B:8

Plc 909.04

RSA 310:12; RSA 328-B:4, VII(k); RSA 328-B:11-a

Appendix B: Statutory Provisions

328-B:2 Definitions. – In this chapter:

I. “Applicant” means a person who has submitted to the executive director an application for a license pursuant to this chapter.

II. “Advisory board” means the advisory board of massage therapists.

III. “Compensation” means the receipt of:

(a) Money, goods, services, or other things of value; or

(b) A promise to deliver money, goods, services, or other things of value.

IV. “Executive director” means the executive director of the office of professional licensure and certification.

V. “Licensee” means a person to whom a license has been issued pursuant to this chapter.

VI. “Massage” means the application of a system of structured touch which includes holding, pressure, positioning, or causing movement, by manual means, for the purpose of promoting, maintaining, and restoring the health and well-being of the client. Massage is designed to promote general relaxation, improve movement, relieve somatic and muscular pain or dysfunction, stress and muscle tension, and provide for general health enhancement, personal growth, and the organization, balance, and integration of the body.

VII. [Repealed.]

VIII. “Massage therapist” means a licensed individual who performs massage for compensation. Titles used may include: massage therapist, massage practitioner, bodywork practitioner, bodyworker, muscle therapist, massotherapist, or somatic therapist practitioner. A massage therapist uses visual, kinesthetic, and palpatory skills to assess the body, and may evaluate the client’s condition to the extent of determining whether massage is indicated or contraindicated.

328-B:10 Exemptions; Application of Chapter. –

I. Nothing in this chapter shall prevent a person licensed by this state pursuant to any other provision of law, or any person employed by such a licensee as an assistant, from performing the occupation for which he or she is licensed.

II. Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses touch, words, and directed movement to deepen awareness of existing patterns of movement as well as to suggest new possibilities of movement, while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to the Feldenkrais method of somatic education, the Trager approach to movement education, the Alexander technique, and body-mind centering.

III. Nothing in this chapter shall be construed to prevent or restrict the practice of any person in this state who uses energy or superficial touch to affect the energy systems of the human body while engaged within the scope of practice of a profession with established standards and ethics, provided that their services are not designated as or implied to be massage or massage therapy. Such practices include, but are not limited to, polarity therapy, therapeutic touch, Bowen therapy, and reiki.

History

#14387, eff 10-17-25, EXPIRES: 10-17-35
1990, 12:1. 1995, 310:159, 183. 1996, 47:2-4, 12, I. 2009, 64:2. 2015, 276:102, eff. July 1, 2015. 2017, 144:12, eff. Aug. 15, 2017.
1990, 12:1. 1995, 310:183. 2009, 64:12. 2016, 137:1, eff. May 27, 2016.

Chapter Plc 1000 Fees, Per Diems, and Reimbursable Expenses

Part Plc 1001 Purpose; Applicability; Definitions; Generally-Applicable Fees

N.H. Code Admin. R. Ann. Plc 1001.01 Purpose {#sec-plc-1001.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.01}

The purpose of this chapter is to:

(a) In Plc 1001, establish the fees charged by the office of professional licensure and certification (OPLC) that are related to:

(1) Services provided by or for the OPLC and by or for:

a. The boards listed in RSA 310:2, II, hereinafter referred to as “supported boards”; and

b. The professions listed in RSA 310:2, II that do not have an associated board;

(2) Inspections, including inspections related to licensure and inspections not related to licensure;

(3) Obtaining approval from a supported board for a candidate supervision agreement, where such approval is required by applicable law;

(4) Obtaining approval from a supported board for a continuing competence provider, program, or instructor, where such approval is required by appliable law based on an application being submitted to the board for review and a decision regarding whether to approve a specific provider, program, or instructor;

(5) Audits of continuing competence activities and records; and

(6) Attending a board-sponsored program;

(b) In Plc 1002, establish the fees charged by the OPLC for application processing and licensing;

(d) In Plc 1004, establish fees for the various examinations required for licensure.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22; ss by #13838, eff 1-26-24; ss by #14289, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1001.02 Applicability {#sec-plc-1001.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.02}

(a) Plc 1001 shall apply to persons seeking the service(s) identified in the section that establishes the fee.

(b) Plc 1002 shall apply to applicants who apply for the type of license identified in the section that establishes the fee.

(c) Plc 1003 shall apply to board members who seek per diems for attending board meetings and undertaking other board-related business or who seek reimbursement for expenses related to the same, as identified in the section that establishes the procedures.

(d) Plc 1004 shall apply to applicants for licensing in a profession for which an examination is required, as identified in the section that establishes the fee.

(e) Based on the authority conferred on the executive director by RSA 310:5, I, the fees established in this chapter shall supersede any corresponding fees established in any supported board’s rule.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22; ss by #13838, eff 1-26-24; ss by #14289, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1001.03 Incorporated Definitions {#sec-plc-1001.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.03}

(a) The definitions in Plc 100 shall apply to this chapter.

(b) Any term or acronym used in Plc 1002 shall have the meaning established in the rules that establish the license to which the rule pertains.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22

N.H. Code Admin. R. Ann. Plc 1001.04 Chapter-Specific Definitions {#sec-plc-1001.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.04}

The following definitions shall apply to this chapter:

(a) “Reinstatement” means issuing a license to an individual who previously held a license but whose license has lapsed, expired, or otherwise been rendered inactive; and

(b) “Renewal” means issuing a license to an individual who holds a license at the time an application to renew the license is filed or who files an application to renew the license within the grace period allowed by the applicable board, commission, or council.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22

N.H. Code Admin. R. Ann. Plc 1001.05 Fees for Providing Copies of Documents or Electronic Information {#sec-plc-1001.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.05}

The fees specified in Table 1001.1, below, shall apply as provided in Plc 1001.02 to the provision of copies of documents or electronic information requested from the OPLC or a supported board:

Table 1001.1 Fees for Providing Copies of Documents or Electronic Information

Category

Fee

Copying of paper documents

$0.25 per page

Providing electronic information, including hearing recordings, on a portable data storage device, such as a flash drive

Actual cost of device used

History

#13328, eff 7-8-21; ss by #13264, INTERIM, eff 9-22-21 (formerly Plc 1001.01); ss by #13336, eff 1-27-22; ss by #13838, eff 1-26-24

N.H. Code Admin. R. Ann. Plc 1001.06 Credit or Debit Card Service Fee {#sec-plc-1001.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.06}

Reserved

History

#13328, eff 7-8-21; ss by #13264, INTERIM, eff 9-22-21 (formerly Plc 1001.02); ss by 13336, eff 1-27-22; rpld by 13838, eff 1-26-24

N.H. Code Admin. R. Ann. Plc 1001.07 Temporary License Application Fee {#sec-plc-1001.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.07}

(a) The fee for applying for a temporary license in conjunction with an application for a regular license, but using a separate application form, shall be $40 per application, whether the license is applied for under any rule in title Plc or any rule adopted by a supported board.

(b) No additional fee shall be charged for a temporary license issued by the OPLC on behalf of a supported board based on the regular license application, for instance to allow a licensee to begin practicing pending an inspection or completion of a criminal records check.

(c) The fee for a special use temporary license, namely a license that is issued for a limited duration to allow work on a specific project or assignment, shall be as specified in Plc 1002.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22; ss by #13507, eff 12-16-22; ss by #13838, eff 1-26-24; ss by #14289, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1001.08 Professionals’ Health Program Fee {#sec-plc-1001.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.08}

(a) Pursuant to RSA 310:5, III, and subject to (c), below, licensees in the professions regulated by the following boards shall be charged a professionals’ health program fee of $28 for each application for initial licensure, renewal licensure, or reinstatement of licensure:

(1) Board of licensing for alcohol and other drug use professionals;

(2) Board of chiropractic examiners;

(3) Board of dental examiners;

(4) Board of licensed dietitians;

(5) Board of medicine;

(6) Board of mental health practice;

(7) Midwifery council;

(8) Board of nursing;

(9) Board of registration in optometry;

(10) Pharmacy board;

(11) Board of podiatry;

(12) Board of psychologists;

(13) Board of veterinary medicine; and

(14) Any other board listed in RSA 310:2, II that votes to participate in the professionals’ health program and that is added to any existing contract for services or that is part of a new contract for services.

(b) If a board is added pursuant to (a)(14), above, the executive director shall:

(1) Publicize the board’s participation in the way most likely to inform affected persons; and

(2) Initiate a rulemaking to add the board to (a), above.

(c) An applicant for an advanced practice registered nurse (APRN) license who pays the PHP fee when obtaining a registered nurse (RN) license shall not be charged the fee more than once for the initial license or for each renewal or reinstatement license.

(d) The OPLC shall deposit professionals’ health program fee payments in the New Hampshire health professionals’ program administration fund established by RSA 310:5, III.

(e) The professionals’ health program fee shall be separate from, and in addition to, the application processing and licensing fee established in Plc 1002.

History

#13328, eff 7-8-21; ss by #13264, INTERIM, eff 9-22-21 (formerly Plc 1001.03); ss by 13336, eff 1-27-22; ss by #13390, eff 7-15-22; ss by #13838, eff 1-26-24

N.H. Code Admin. R. Ann. Plc 1001.09 Fee for Replacement of License or Certificate {#sec-plc-1001.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.09}

(a) No fee shall be paid for a replacement license or certificate that is issued electronically.

(b) The fee for providing a replacement copy of a license or certificate in hard copy shall be the actual cost of having a vendor produce the license or certificate or $20, whichever is less.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22

N.H. Code Admin. R. Ann. Plc 1001.10 Fee for Wall Display Certificate - Original or Replacement {#sec-plc-1001.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.10}

(a) A licensee may obtain a professionally-printed wall display certificate by submitting a written request in accordance with Plc 304.14 and paying the actual cost of having a vendor produce the certificate or $20, whichever is less.

(b) The fee for obtaining a professionally-printed replacement wall display certificate shall be the actual cost of having a vendor produce the certificate or $20, whichever is less.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22; ss by #13336, eff 1-27-24

N.H. Code Admin. R. Ann. Plc 1001.11 Fee for Retired or Inactive Status {#sec-plc-1001.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.11}

The fee for a licensee to be on retired or otherwise inactive status for those professions for which the statute under which the profession is regulated authorizes the status shall be as specified in Plc 1002.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22; ss by #13336, eff 1-27-24

N.H. Code Admin. R. Ann. Plc 1001.12 Fee for Returned Checks, Drafts, and Money Orders {#sec-plc-1001.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.12}

If any check, draft, or money order that was submitted to the OPLC or a supported board in payment is returned as uncollectable, the person submitting the check shall pay a fee of the greater of $25 or 5% of the amount of check plus all protest and bank fees, in addition to paying the original amount due.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22; ss by #13336, eff 1-27-24

N.H. Code Admin. R. Ann. Plc 1001.13 Reinstatement in Lieu of Late Renewal {#sec-plc-1001.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.13}

An application for renewal that is filed after the license has expired but within one year of expiration shall be accepted as an application for reinstatement under Plc 312.02, provided the application processing and licensing fee for reinstatement specified in the applicable section of Plc 1002 is filed with the application.

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22; ss by #14289, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1001.14 No Fees For Certain Services {#sec-plc-1001.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.14}

No fee shall be charged for any of the following:

(a) Reviewing a course to determine its suitability for pre-licensing education credit;

(b) Filing a complaint or a petition for declaratory ruling; or

History

#13264, INTERIM, eff 9-22-21; ss by #13336, eff 1-27-22; ss by #13390, eff 7-15-22; ss by #14289, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1001.15 Fee for A Letter of Good Standing or Other Verification of Licensure Status {#sec-plc-1001.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.15}

The fee for providing a letter of good standing or other verification of licensure status shall be $10 per letter or other verification provided.

History

#13390, eff 7-15-22

N.H. Code Admin. R. Ann. Plc 1001.16 Fee for Manufactured Housing Installation Warranty Seal {#sec-plc-1001.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.16}

The fee for a warranty seal from the manufactured housing installation standards board as required by RSA 205-D:17 shall be $50.00.

History

#13390, eff 7-15-22

N.H. Code Admin. R. Ann. Plc 1001.17 Fees for Pocket Cards or Identification Cards {#sec-plc-1001.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.17}

(a) The fee for an original pocket card or identification card shall be $10.

(b) The fee for a replacement pocket card or identification card shall be $10.

History

#14289, eff 7-1-25, EXPIRES: 7-1-35

(a) Subject to (g) - (j), below, the fee for any inspection related to initial licensure shall be $150.

(b) Subject to (g) - (j), below, the fee for any reinspection related to initial licensure shall be $100.

(d) Subject to (g) - (j), below, the fee for any reinspection related to renewal licensure shall be $100.

(e) Subject to (g) - (j), below, the fee for any inspection related to reinstatement of licensure shall be $150.

(f) Subject to (g) - (j), below, the fee for any reinspection related to reinstatement of licensure shall be $100.

(g) For general anesthesia, deep sedation, and moderate sedation permits for dentistry:

(1) The fee for an initial facility inspection under Den 304.05 shall be $300; and

(2) The fee for a comprehensive evaluation under Den 304.05 associated with initial licensing shall be $750.

(h) The fee for inspection of an electrology school for initial licensure shall be $150.

(i) The fee for an initial inspection of a funeral home, funeral chapel, or crematory for initial licensure shall be $250.

(j) The fee for an initial site visit to a nursing program for initial licensure shall be $100.

History

#14289, eff 7-1-25, EXPIRES: 7-1-35

(a) The fee for any inspection by the board of barbering, cosmetology, and esthetics that is not related to initial licensing shall be $100.

(b) The fee for a comprehensive evaluation under Den 304.05 that is not related to initial licensing shall be $750.

(c) The fee for a routine inspection of a funeral home, funeral chapel, or crematory not related to licensure shall be $200.

(d) The fee for re-inspection of a funeral home, funeral chapel, or crematory after deficiencies are found shall be $150.

(e) The fee for an inspection of installed housing by the manufactured housing installation board shall be $250.

(f) The fee for an inspection of a program by the board of nursing that is not related to initial approval shall be $100.

History

#13677, eff 7-1-23; ss by #14289, eff 7-1-25, EXPIRES: 7-1-35 (formerly Plc 1001.17)

N.H. Code Admin. R. Ann. Plc 1001.20 Fees for Review of Candidate Supervision Agreements {#sec-plc-1001.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.20}

The fee for board review of a candidate for licensure agreement, including supervision agreements, where such approval is required by applicable law, shall be $25 for a one-year agreement and $50 for a 2-year agreement.

History

#14289, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1001.21 Approval of Continuing Education Courses, Instructors, and Providers: Fees, Duration {#sec-plc-1001.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.21}

(a) The fees in this section shall not apply to any approval conferred by a board in its rules, whether the approval is for:

(1) An organization generally;

(2) One or more specific programs offered by a specific organization;

(3) One or more topic(s) to be covered by one or more program(s) offered by a specific organization; or

(4) One or more specific programs to be offered or one or more topic(s) to be covered by an identified type of organization, such as secondary educational entities or professional associations.

(b) The fee for applying for board approval as a provider of continuing education programs, where such approval is required by applicable law based on an application being submitted to the board for review and a decision on whether to approve the organization as a provider of one or more programs, or any program, offered by the organization, shall be $150.

(1) Revoked or suspended by the board that issued it in accordance with the board’s rules; or

(2) Replaced by board approval adopted as a rule.

(d) The fee for applying for board approval of a continuing education program, where such approval is required by applicable law based on an application being submitted by the program’s provider to the board for review and a decision on whether to approve the specific program, shall be $100.

(e) The approval of a continuing education program shall be valid for 2 years, provided that if the course covers specific requirements that change within that period, the approval shall expire as of the effective date of the change.

(f) The fee for applying for board approval as an instructor of a continuing education program, where such approval is required by applicable law based on an application being submitted to the board for review and a decision on whether to approve a specific instructor who is not covered by a generally-applicable approval, shall be $100.

(g) The approval as an instructor of a continuing education program shall:

(1) Apply to the course or courses identified in the board’s approval; and

(2) Be valid for 2 years.

History

#14289, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1001.22 Fee for Audits of Continuing Compliance Activities and Records {#sec-plc-1001.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.22}

The fee for an audit of continuing competence activities and records shall be $100, provided that if the licensee was notified in accordance with Plc 308.04(b) of the requirement to use an on-line system to maintain continuing competence activities and records and is in compliance with that requirement, no fee shall be charged.

History

#14289, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1001.23 Fees for Board-Sponsored Programs {#sec-plc-1001.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 1001.23}

The fee for attending a seminar sponsored by the mechanical licensing board shall be $100 per person.

History

#13677, eff 7-1-23; ss by #14289, eff 7-1-25, EXPIRES: 7-1-35 (previously Plc 1001.17(i))

Part Plc 1002 Application Processing and Licensing Fees Specific to Each Profession

N.H. Code Admin. R. Ann. Plc 1002.01 Application Processing and Licensing Fees for the Professions Regulated by the Board of Accountancy {#sec-plc-1002.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.01}

The application processing and licensing fees found in Table 1002.1, below, shall apply to the professions regulated by the board of accountancy under RSA 309-B:

Table 1002.1 Application Processing and Licensing Fees for the Professions Regulated by the Board of Accountancy

Category

License Duration

Fee

Certified public accountant (CPA) license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$201

Active to inactive not in conjunction with renewal

2 years

$201

Return to active not in conjunction with renewal

2 years

$101

CPA firm, domestic or foreign, license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$66

Public accountant license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$201

Active to inactive not in conjunction with renewal

2 years

$201

Return to active not in conjunction with renewal

2 years

$101

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.02 Application Processing and Licensing Fees for the Professions Regulated by the Board of Acupuncture Licensing {#sec-plc-1002.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.02}

The application processing and licensing fees found in Table 1002.2, below, shall apply to the professions regulated by the board of acupuncture licensing under RSA 328-G:

Table 1002.2 Application Processing and Licensing Fees for the Professions Regulated by the Board of Acupuncture Licensing

Category

License Duration

Fee

Acupuncture license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Acupuncture intern registration application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Acupuncture detoxification specialist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Temporary teaching license under Acp 304 application processing and licensing

30 days

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.03 Application Processing {#sec-plc-1002.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.03}

and Licensing Fees for the Professions Regulated by the Board of Licensing for Alcohol and Other Drug Use Professionals. The application processing and licensing fees found in Table 1002.3, below, shall apply to the professions regulated by the board of licensing for alcohol and other drug use professionals under RSA 330-C:

Table 1002.3 Application Processing and Licensing Fees for the Professions Regulated by the Board of Licensing for Alcohol and Other Drug Use Professionals

Category

License Duration

Fee

Master alcohol and drug counselor license application processing and licensing:

Active: initial, renewal, or reinstatement after expiration of license

2 years

$233

Inactive: initial, renewal, or reinstatement after expiration of license

2 years

$116

Change from inactive status to active status not in conjunction with renewal

$116

Alcohol and drug counselor license application processing and licensing:

Active: initial, renewal, or reinstatement after expiration of license

2 years

$110

Inactive: initial, renewal, or reinstatement after expiration of license

2 years

$55

Change from inactive status to active status not in conjunction with renewal

$55

Clinical supervisor license application processing and licensing:

Active: initial, renewal, or reinstatement after expiration of license

2 years

$110

Inactive: initial, renewal, or reinstatement after expiration of license

2 years

$55

Change from inactive status to active status not in conjunction with renewal

$55

Recovery support worker certification application processing and licensing:

Active: initial, renewal, or reinstatement after expiration of license

2 years

$48

Inactive: initial, renewal, or reinstatement after expiration of license

2 years

$24

Change from inactive status to active status not in conjunction with renewal

$24

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.04 Application {#sec-plc-1002.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.04}

Processing and Licensing Fees for the Profession Regulated by the Board of Architects. The application processing and licensing fees found in Table 1002.4, below, shall apply to the profession regulated by the board of architects under RSA 310-A:28-52:

Table 1002.4 Application Processing and Licensing Fees for the Profession Regulated by the Board of Architects

Category

License Duration

Fee

Architect license application processing and licensing:

Initial, renewal, or reinstatement after expiration of active license

2 years

$170

Renewal or reinstatement after expiration of retired license

2 years

$85

Architect certificate of authorization application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

History

#13703, eff 8-1-23; ss by #13821, EMERGENCY RULE, eff 12-14-23, EXPIRED: 6-11-24 (Plc 1002.04 in #13703 effective again pursuant to RSA 541-A:18, V)
#13972, eff 5-22-24; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.05 Application {#sec-plc-1002.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.05}

Processing and Licensing Fees for the Professions Regulated by the Executive Director with the Assessing Certification Advisory Board. The application processing and licensing fees found in Table 1002.5, below, shall apply to the professions regulated by the executive director with the assessing certification advisory board under RSA 310-C:

Table 1002.5 Application Processing and Licensing Fees for the Professions Regulated by the Executive Director with the Assessing Certification Advisory Board

Category

License Duration

Fee

Certified measurer and lister, application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$165

Certified assessor assistant, application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$165

Certified assessor, application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$165

Certified assessor supervisor, application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$165

History

#14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.06 Application {#sec-plc-1002.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.06}

Processing and Licensing Fees for the Profession Regulated by the Governing Board of Athletic Trainers. The application processing and licensing fees found in Table 1002.6, below, shall apply to the profession regulated by the governing board of athletic trainers under RSA 328-F and RSA 326-G:

Table 1002.6 Application Processing and Licensing Fees for the Profession Regulated by the Governing Board of Athletic Trainers

Category

License Duration

Fee

Athletic trainer license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

History

#13420, eff 8-8-22; ss by #13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.07 Application Processing and Licensing Fees for the Professions Regulated by the Board of Barbering, Cosmetology, and Esthetics {#sec-plc-1002.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.07}

The application processing and licensing fees found in Table 1002.7, below, shall apply to the professions regulated by the board of barbering, cosmetology, and esthetics under RSA 313-A:

Table 1002.7 Application Processing and Licensing Fees for the Professions Regulated by the Board of Barbering, Cosmetology, and Esthetics

Category

License Duration

Fee

Barber, cosmetologist, esthetician, manicurist, or master barber personal license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$55

Tanning facility registration application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

Barber, cosmetologist, esthetic, manicurist, or master barber apprentice certification application processing and licensing:

Initial or renewal

2 years

$55

Barber, cosmetologist, esthetic, manicurist, or master barber instructor license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$82

Barber shop instructor, cosmetology shop instructor, esthetic shop instructor, manicurist shop instructor, or master barber shop instructor license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$82

Shop license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$110

School license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$346

History

#13335, INTERIM, eff 1-29-22, EXPIRES: 7-26-22; ss #13420, eff 8-8-22; ss by #13703, eff 8-1-23 (formerly Plc 1002.06); ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.08 Application {#sec-plc-1002.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.08}

Processing and Licensing Fees for the Professions Regulated by the Executive Director with the Advisory Board of Body Art Practitioners. The application processing and licensing fees found in Table 1002.8, below, shall apply to the professions regulated by the executive director with the advisory board of body art practitioners under RSA 314-A:

Table 1002.8 Application Processing and Licensing Fees for the Professions Regulated by the Executive Director with the Body Art Advisory Committee

Category

License Duration

Fee

Body art apprentice license application processing and licensing:

Initial or renewal

2 years

$121

Body art personal license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Microblading certificate application processing and licensing:

Initial, renewal, or reinstatement after expiration of certificate

2 years

$121

History

#13335, INTERIM, eff 1-29-22, EXPIRES: 7-26-22
#13420, eff 8-8-22; ss by #13703, eff 8-1-23 (formerly Plc 1002.07); ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.09 Application {#sec-plc-1002.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.09}

Processing and Licensing Fees for the Profession Regulated by the Board of Chiropractic Examiners. The application processing and licensing fees found in Table 1002.9, below, shall apply to the profession regulated by the board of chiropractic examiners under RSA 316-A:

Table 1002.9 Application Processing and Licensing Fees for the Profession Regulated by the Board of Chiropractic Examiners

Category

License Duration

Fee

Chiropractor license application processing and licensing:

Initial, renewal, reinstatement after expiration of license, or return to active status

2 years

$330

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.10 Application {#sec-plc-1002.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.10}

Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Advisory Board of Court Reporters. The application processing and licensing fees found in Table 1002.10, below, shall apply to the profession regulated by the executive director with the advisory board of court reporters under RSA 310-A:161-181:

Table 1002.10 Application Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Advisory Board of Court Reporters

Category

License Duration

Fee

Court reporter license, voice or shorthand, application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$220

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.11 Application Processing and Licensing Fees for the Professions Regulated by the Board of Dental Examiners {#sec-plc-1002.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.11}

The application processing and licensing fees found in Table 1002.11, below, shall apply to the professions regulated by the board of dental examiners under RSA 317‑A:

Table 1002.11 Application Processing and Licensing Fees for the Professions Regulated by the Board of Dental Examiners

Category

License Duration

Fee

Dentist license or dental hygienist license, application processing and licensing:

Active: initial, renewal, or reinstatement after expiration of license

2 years

$187

Inactive: initial, renewal, or reinstatement after expiration of license

2 years

$93

Change inactive to active

2 years

$93

Licensed dental hygienist permit to administer nitrous oxide application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

attached to license

$27

Licensed dental hygienist permit for certified public health dental hygienist (CPHDH) or expanded function dental auxiliary (EFDA) application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

attached to license

$27

Temporary license to provide voluntary services application processing and licensing

max. 12 months

$40

Temporary license to teach or participate in research project per Den 301.05 application processing and licensing

max. 12 months

$40

General anesthesia, deep sedation, and moderate sedation permits application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$187

Facility license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

History

#13260, EMERGENCY RULE, eff 9-10-21, EXPIRED: 3-9-22
#13420, eff 8-8-22; ss by #13703, eff 8-1-23 (formerly Plc 1002.10); ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.12 Application {#sec-plc-1002.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.12}

Processing and Licensing Fees for the Profession Regulated by the Board of Licensed Dietitians. The application processing and licensing fees found in Table 1002.12, below, shall apply to the profession regulated by the board of licensed dietitians under RSA 326-H:

Table 1002.12 Application Processing and Licensing Fees for the Profession Regulated by the Board of Licensed Dietitians

Category

License Duration

Fee

Dietitian license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.13 Application {#sec-plc-1002.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.13}

Processing and Licensing Fees for the Professions Regulated by the Electricians’ Board. The application processing and licensing fees found in Table 1002.13, below, shall apply to the professions regulated by the electricians’ board under RSA 319-C:

Table 1002.13 Application Processing and Licensing Fees for the Professions Regulated by the Electricians’ Board

Category

License Duration

Fee

Electrician apprentice registration:

Initial or renewal

12 months

$33

Journeyman electrician license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$110

Master electrician license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$198

Electrical or high/medium voltage electrical corporation or partnership license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$137

High/medium voltage electrician trainee license application processing and licensing:

Initial or renewal

12 months

$66

High/medium voltage electrician license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$198

Third-party electrical inspector license application processing and licensing:

Level 1 or Level 2 initial or renewal

2 years

$200

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.14 Application {#sec-plc-1002.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.14}

Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Electrology Advisory Committee. The application processing and licensing fees found in Table 1002.14, below, shall apply to the profession regulated by the executive director with the electrology advisory committee under RSA 314:

Table 1002.14 Application Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Electrology Advisory Committee

Category

License Duration

Fee

Electrologist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

Electrology school approval application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$165

History

#13420, eff 8-8-22; ss by #13703, eff 8-1-23 (formerly Plc 1002.13); ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.15 Application {#sec-plc-1002.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.15}

Processing and Licensing Fees for the Profession Regulated by the Board of Family Mediator Certification. The application processing and licensing fees found in Table 1002.15, below, shall apply to the profession regulated by the board of family mediator certification under RSA 328-C:

Table 1002.15 Application Processing and Licensing Fees for the Profession Regulated by the Board of Family Mediator Certification

Category

License Duration

Fee

Family mediator certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of certification

2 years

$220

Family mediator training program certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of certification

2 years

$600

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.16 Application {#sec-plc-1002.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.16}

Processing and Licensing Fees for the Profession Regulated by the Board of Licensing for Foresters. The application processing and licensing fees found in Table 1002.16, below, shall apply to the profession regulated by the board of licensing for foresters under RSA 310-A:98-117:

Table 1002.16 Application Processing and Licensing Fees for the Profession Regulated by the Board of Licensing for Foresters

Category

License Duration

Fee

Forester license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$132

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.17 Application Processing and Licensing Fees for the Professions Regulated by the Board of Registration of Funeral Directors and Embalmers {#sec-plc-1002.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.17}

The application processing and licensing fees found in Table 1002.17, below, shall apply to the professions regulated by the board of registration of funeral directors and embalmers under RSA 325:

Table 1002.17 Application Processing and Licensing Fees for the Professions Regulated by the Board of Registration of Funeral Directors and Embalmers

Category

License Duration

Fee

Apprentice license application processing and licensing:

Initial or renewal

2 years

$121

Embalmer license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

Funeral director license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

Funeral home license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$181

Funeral chapel license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$181

Crematory license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$220

History

#13420, eff 8-8-22; ss by #13703, eff 8-1-23 (formerly Plc 1002.16); ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.18 Application {#sec-plc-1002.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.18}

Processing and Licensing Fees for the Profession Regulated by the Governing Board of Genetic Counselors. The application processing and licensing fees found in Table 1002.18, below, shall apply to the profession regulated by the governing board of genetic counselors under RSA 328-F and RSA 326-K:

Table 1002.18 Application Processing and Licensing Fees for the Profession Regulated by the Governing Board of Genetic Counselors

Category

License Duration

Fee

Genetic counselor license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Genetic counselor provisional license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.19 Application {#sec-plc-1002.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.19}

Processing and Licensing Fees for the Profession Regulated by the Guardian ad Litem Board. The application processing and licensing fees found in Table 1002.19, below, shall apply to the profession regulated by the guardian ad litem board under RSA 490-C:

Table 1002.19 Application Processing and Licensing Fees for the Profession Regulated by the Guardian ad Litem Board

Category

License Duration

Fee

Guardian ad litem license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$55

Temporary guardian ad litem license for purposes of completing appointment application processing and licensing

maximum 2 years

$55

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.20 Application {#sec-plc-1002.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.20}

Processing and Licensing Fees for the Profession Regulated by the Board of Home Inspectors. The application processing and licensing fees found in Table 1002.20, below, shall apply to the profession regulated by the board of home inspectors under RSA 310-A:182-201:

Table 1002.20 Application Processing and Licensing Fees for the Profession Regulated by the Board of Home Inspectors

Category

License Duration

Fee

Home inspector license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$220

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.21 Application {#sec-plc-1002.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.21}

Processing and Licensing Fees for the Profession Regulated by the Installation Standards Board. The application processing and licensing fees found in Table 1002.21, below, shall apply to the profession regulated by the installation standards board under RSA 205-D:

Table 1002.21 Application Processing and Licensing Fees for the Profession Regulated by the Installation Standards Board

Category

License Duration

Fee

Manufactured housing installer license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$36

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35 (formerly Plc 1002.23)

N.H. Code Admin. R. Ann. Plc 1002.22 Application {#sec-plc-1002.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.22}

Processing and Licensing Fees for the Profession Regulated by the Board of Licensure for Land Surveyors. The application processing and licensing fees found in Table 1002.22, below, shall apply to the profession regulated by the board of licensure for land surveyors under RSA 310-A:53-74:

Table 1002.22 Application Processing and Licensing Fees for the Profession Regulated by the Board of Licensure for Land Surveyors

Category

License Duration

Fee

Land surveyor in training certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$165

Land surveyor license application processing and licensing:

Initial, renewal, or reinstatement after expiration of active license

2 years

$165

Renewal or reinstatement after expiration of retired license

2 years

$82

Land surveyor business entity certificate of authorization application processing and licensing, all forms:

Initial, renewal, or reinstatement after expiration of license

2 years

$110

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35 (formerly Plc 1002.21)

N.H. Code Admin. R. Ann. Plc 1002.23 Application {#sec-plc-1002.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.23}

Processing and Licensing Fees for the Profession Regulated by the Board of Landscape Architects. The application processing and licensing fees found in Table 1002.23, below, shall apply to the profession regulated by the board of landscape architects under RSA 310-A:140-160:

Table 1002.23 Application Processing and Licensing Fees for the Profession Regulated by the Board of Landscape Architects

Category

License Duration

Fee

Landscape architect license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$176

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35 (formerly Plc 1002.22)

N.H. Code Admin. R. Ann. Plc 1002.24 Application {#sec-plc-1002.24 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.24}

Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Advisory Board of Massage Therapists. The application processing and licensing fees found in Table 1002.24, below, shall apply to the profession regulated by the executive director with the advisory board of massage therapists under RSA 328-B:

Table 1002.24 Application Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Advisory Board of Massage Therapists

Category

License Duration

Fee

Massage therapist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.25 Application {#sec-plc-1002.25 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.25}

Processing and Licensing Fees for the Professions Regulated by the Mechanical Licensing Board. The application processing and licensing fees found in Table 1002.25, below, shall apply to the professions regulated by the mechanical licensing board under RSA 153:27-38:

Table 1002.25 Application Processing and Licensing Fees for Professions Regulated by the Mechanical Licensing Board

Category

License Duration

Fee

Fuel gas fitter:

Trainee registration processing and licensing:

Initial, renewal, or reinstatement after expiration of registration

2 years

$88

Service, equipment installation, or piping license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$198

Domestic appliance technician license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$176

Hearth system installation license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$198

Heating systems using fuel oil, voluntary certification:

Installing residential and non-residential heating equipment systems, water heating systems, or appliances:

Initial, renewal, or reinstatement after expiration of certification

2 years

$50

Servicing and repairing heating equipment, water heating systems, or appliances:

Initial, renewal, or reinstatement after expiration of certification

2 years

$50

Plumbing:

Apprentice plumber license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$88

Journeyman plumber license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$198

Master plumber license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

Mechanical business entities license application processing and licensing (153:29-a):

Any number of employees, initial, renewal, or reinstatement after expiration of license

2 years

$275

Water treatment business entity license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$275

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.26 Application {#sec-plc-1002.26 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.26}

Processing and Licensing Fees for the Professions Regulated by the Executive Director with the Advisory Board of Medical Imaging and Radiation Therapy. The application processing and licensing fees found in Table 1002.26, below, shall apply to the professions regulated by the executive director with the advisory board of medical imaging and radiation therapy under RSA 328-J:

Table 1002.26 Application Processing and Licensing Fees for the Professions Regulated by the Executive Director with the Advisory Board of Medical Imaging and Radiation Therapy

Category

License Duration

Fee

Any regulated MIRT profession, application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.27 Application {#sec-plc-1002.27 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.27}

Processing and Licensing Fees for the Profession Regulated by the Board of Registration of Medical Technicians. The application processing and licensing fees found in Table 1002.27, below, shall apply to the profession regulated by the board of registration of medical technicians under RSA 328-I:

Table 1002.27 Application Processing and Licensing Fees for the Profession Regulated by the Board of Registration of Medical Technicians

Category

License Duration

Fee

Medical technician registration application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.28 Application {#sec-plc-1002.28 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.28}

Processing and Licensing Fees for the Professions Regulated by the Board of Medicine. The application processing and licensing fees found in Table 1002.28, below, shall apply to the professions regulated by the board of medicine under RSA 329 and RSA 328-D:

Table 1002.28 Application Processing and Licensing Fees for the Professions Regulated by the Board of Medicine

Category

License Duration

Fee

Unrestricted permanent physician license or administrative physician license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$385

Compact physician license per RSA 329-C application processing and licensing:

Initial or renewal

2 years

$385

Temporary physician license application processing and licensing

max. of 6 months

$55

Locum tenens physician license application processing and licensing

100 consec. calendar days

$165

Special camp license or visiting professor license application processing and licensing

as indicated on license

$82

Resident training license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$55

Physician assistant license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$192

History

#13290-A, INTERIM, eff 11-19-21, EXPIRED: 5-18-22
#13420, eff 8-8-22; ss by #13703, eff 8-1-23 (formerly Plc 1002.26); ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.29 Application {#sec-plc-1002.29 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.29}

Processing and Licensing Fees for the Professions Regulated by the Board of Mental Health Practice. The application processing and licensing fees found in Table 1002.29, below, shall apply to the professions regulated by the board of mental health practice under RSA 330-A:

Table 1002.29 Application Processing and Licensing Fees for the Professions Regulated by the Board of Mental Health Practice

Category

License Duration

Fee

Pastoral psychotherapist, clinical social worker, school social worker, licensed social worker, licensed social worker associate, clinical mental health counselor, and marriage and family therapist license application processing and licensing:

Initial, initial conditional, renewal, or reinstatement after expiration of license

2 years

$297

Renewal-inactive

2 years

$77

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.30 Application {#sec-plc-1002.30 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.30}

Processing and Licensing Fees for the Profession Regulated by the Midwifery Council. The application processing and licensing fees found in Table 1002.30, below, shall apply to the profession regulated by the midwifery council under RSA 326-D:

Table 1002.30 Application Processing and Licensing Fees for Professions Regulated by the Midwifery Council

Category

License Duration

Fee

Midwife certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of certification

2 years

$121

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.31 Application {#sec-plc-1002.31 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.31}

Processing and Licensing Fees for the Professions Regulated by the Board of Natural Scientists. The application processing and licensing fees found in Table 1002.31, below, shall apply to the professions regulated by the board of natural scientists under RSA 310-A:75-96:

Table 1002.31 Application Processing and Licensing Fees for the Professions Regulated by the Board of Natural Scientists

Category

License Duration

Fee

Application processing and licensing for recognition as a soil scientist apprentice or wetland scientist apprentice under RSA 310-A:85:

Initial, renewal, or reinstatement after expiration of recognition

2 years

$82

Soil scientist certification or wetland scientist certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of certification

2 years

$137

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.32 Application {#sec-plc-1002.32 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.32}

Processing and Licensing Fees for the Profession Regulated by the Naturopathic Board of Examiners. The application processing and licensing fees found in Table 1002.32, below, shall apply to the profession regulated by the naturopathic board of examiners under RSA 328-E:

Table 1002.32 Application Processing and Licensing Fees for the Profession Regulated by the Naturopathic Board of Examiners

Category

License Duration

Fee

Naturopathic doctor license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

Specialty certifications application processing and licensing:

Acupuncture

attached to license

$55

Childbirth

attached to license

$55

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.33 Application Processing and Licensing Fees for the Professions and Programs Regulated by the Board of Nursing {#sec-plc-1002.33 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.33}

The application processing and licensing fees found in Table 1002.33, below, shall apply to the professions and programs regulated by the board of nursing under RSA 326-B:

Table 1002.33 Application Processing and Licensing Fees for the Professions and Programs Regulated by the Board of Nursing

Category

License Duration

Fee

LNA license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$38

MNA certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of certification

2 years

$11

RN or LPN license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$88

APRN license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$110

Program approvals application processing and licensing:

Initial, renewal, or reinstatement after expiration of approval

2 years

$250

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.34 Application {#sec-plc-1002.34 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.34}

Processing and Licensing Fees for the Profession Regulated by the Board of Examiners of Nursing Home Administrators. The application processing and licensing fees found in Table 1002.34, below, shall apply to the profession regulated by the board of nursing home administrators under RSA 151-A:

Table 1002.34 Application Processing and Licensing Fees for the Profession Regulated by the Board of Examiners of Nursing Home Administrators

Category

License Duration

Fee

Nursing home administrator (NHA) license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

NHA temporary license application processing and licensing

6 months

$330

NHA temporary emergency permit application processing and licensing

6 months

$330

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.35 Application {#sec-plc-1002.35 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.35}

Processing and Licensing Fees for the Professions Regulated by the Governing Board of Occupational Therapists. The application processing and licensing fees found in Table 1002.35, below, shall apply to the professions regulated by the governing board of occupational therapists under RSA 328-F and RSA 326-C:

Table 1002.35 Application Processing and Licensing Fees for the Professions Regulated by the Governing Board of Occupational Therapists

Category

License Duration

Fee

Occupational therapist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Occupational therapy assistant license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.36 Application {#sec-plc-1002.36 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.36}

Processing and Licensing Fees for Ophthalmic Dispensing Professionals. The application processing and licensing fees found in Table 1002.36, below, shall apply to ophthalmic dispensing professionals regulated by the executive director under RSA 327-A:

Table 1002.36 Application- Processing and Licensing Fees for Ophthalmic Dispensing Professionals

Category

License Duration

Fee

Optician license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.37 Application {#sec-plc-1002.37 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.37}

Processing and Licensing Fees for the Profession Regulated by the Board of Registration in Optometry. The application processing and licensing fees found in Table 1002.37, below, shall apply to the profession regulated by the board of registration in optometry under RSA 327:

Table 1002.37 Application Processing and Licensing Fees for the Profession Regulated by the Board of Registration in Optometry

Category

License Duration

Fee

Optometrist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

Optometrist license endorsements application processing and licensing:

TPA Certified (ref. RSA 327:6-a)

attached to license

$27

TPA/G Certified (ref. RSA 327:6-c)

attached to license

$27

Contact lens dispenser permit application processing and licensing:

Initial, renewal, or reinstatement after expiration of permit

2 years

$330

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.38 Application {#sec-plc-1002.38 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.38}

Processing and Licensing Fees for the Facilities and Professions Regulated by the N.H. Pharmacy Board. The application processing and licensing fees found in Table 1002.38, below, shall apply to the facilities and professions regulated the N.H. pharmacy board under RSA 318:

Table 1002.38 Application Processing and Licensing Fees for the Facilities and Professions Regulated by the N.H. Pharmacy Board

Category

License Duration

Fee

Pharmacist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$275

Pharmacist, pharmacy intern, advanced pharmacy technician, or certified pharmacy technician immunization endorsement application processing and licensing:

Initial, renewal, or reinstatement after expiration of endorsement

attached to license

$27

Pharmacy technician registration or certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of registration or certification

2 years

$110

Pharmacy intern license application processing and licensing:

Initial or renewal

2 years

$27

Advanced pharmacy technician license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$110

In-state pharmacy permit application processing and licensing:

Initial, renewal, or reinstatement after expiration of permit

2 years

$550

Mail order/out of state pharmacy permit application processing and licensing:

Initial, renewal, or reinstatement after expiration of permit

2 years

$2,200

Nuclear pharmacy permit application processing and licensing:

Initial or renewal or reinstatement after expiration of permit

2 years

$550

Compounding pharmacy permit application processing and licensing:

Initial, renewal, or reinstatement after expiration of permit

2 years

$550

Special pharmacy permit application processing and licensing

60 days

$16

Manufacturer/Wholesaler distributor of prescription drugs permit application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$550

Limited retail drug distributor application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$550

Outsourcing facilities under RSA 318:51-c permit application processing and licensing:

Initial or renewal

2 years

$550

Reverse distributors, brokers, research organizations, drug/device distribution agent license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$550

History

#13125, EMERGENCY RULE, eff 10-23-20, EXPIRED: 4-21-21
#13265, INTERIM, eff 9-22-21, EXPIRED: 3-21-22
#13420, eff 8-8-22 (formerly Plc 1002.23); ss by #13703, eff 8-1-23 (formerly Plc 1002.35); ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.39 Application {#sec-plc-1002.39 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.39}

Processing and Licensing Fees for the Profession Regulated by the Governing Board of Physical Therapists. The application processing and licensing fees found in Table 1002.39, below, shall apply to the profession regulated by the governing board of physical therapists under RSA 328-A:

Table 1002.39 Application Processing and Licensing Fees for the Profession Regulated by the Governing Board of Physical Therapists

Category

License Duration

Fee

Physical therapist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Physical therapist assistant license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.40 Application {#sec-plc-1002.40 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.40}

Processing and Licensing Fees for the Profession Regulated by the Board of Podiatry. The application processing and licensing fees found in Table 1002.40, below, shall apply to the profession regulated by the board of podiatry under RSA 315:

Table 1002.40 Application Processing and Licensing Fees for the Profession Regulated by the Board of Podiatry

Category

License Duration

Fee

Podiatrist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

Podiatrist training license application processing and licensing

expires at end of residency

$55

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.41 Application {#sec-plc-1002.41 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.41}

Processing and Licensing Fees for the Profession Regulated by the Board of Professional Engineers. The application processing and licensing fees found in Table 1002.41, below, shall apply to the profession regulated by the board of professional engineers under RSA 310-A:2-27:

Table 1002.41 Application Processing and Licensing Fees for the Profession Regulated by the Board of Professional Engineers

Category

License Duration

Fee

Professional engineer license application processing and licensing:

Initial, renewal, or reinstatement after expiration of active license

2 years

$165

Renewal or reinstatement after expiration of retired license

2 years

$82

Certificate of authorization application processing and licensing:

Initial, renewal, or reinstatement after expiration of certificate

2 years

$220

Application processing and licensing for temporary permit under RSA 310-A:19

6 months

$330

History

#13703, eff 8-1-23; ss by #13821, EMERGENCY RULE, eff 12-14-23, EXPIRED: 6-11-24 (Plc 1002.41 in #13703 effective again pursuant to RSA 541-A:18, V)
#13972, eff 5-22-24; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.42 Application {#sec-plc-1002.42 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.42}

Processing and Licensing Fees for the Profession Regulated by the Board of Professional Geologists. The application processing and licensing fees found in Table 1002.42, below, shall apply to the profession regulated by the board of professional geologists under RSA 310-A:118-139:

Table 1002.42 Application Processing and Licensing Fees for the Profession Regulated by the Board of Professional Geologists

Category

License Duration

Fee

Professional geologist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$165

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.43 Application {#sec-plc-1002.43 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.43}

Processing and Licensing Fees for the Professions Regulated by the Board of Psychologists. The application processing and licensing fees found in Table 1002.43, below, shall apply to the professions regulated by the board of psychologists under RSA 329-B:

Table 1002.43 Application Processing and Licensing Fees for the Professions Regulated by the Board of Psychologists

Category

License Duration

Fee

Psychologist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

Renewal of inactive license

2 years

$165

Psychologist tele-pass license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

Renewal of inactive license

2 years

$165

School psychologist-doctoral license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

Renewal of inactive license

2 years

$85

School psychologist-specialist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

Renewal of inactive license

2 years

$85

Psychologist providing services in response to a declared disaster-temporary registration application processing and licensing

max. 60 days/year

$150

School psychologist providing services in response to a declared disaster-temporary registration application processing and licensing

max. 60 days/year

$150

Psychologist-temporary license application processing and licensing

max. 90 days/12-month period

$150

Psychologist-temporary license for forensic evaluations application processing and licensing

max. 30 days in 12-month period

$150

School psychologist-doctoral-temporary license application processing and licensing

12 months, during which can practice 30 days

$40

School psychologist-specialist-temporary license application processing and licensing

12 months, during which can practice 30 days

$40

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.44 Application {#sec-plc-1002.44 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.44}

Processing, Federal Registry, and Licensing Fees for the Professions Regulated by the Real Estate Appraisers Board. The application-related fees found in Table 1002.44, below, shall apply to the professions regulated by the real estate appraisers board under RSA 310-B:

Table 1002.44 Application Processing, Federal Registry, and Licensing Fees for the Professions Regulated by the Real Estate Appraisers Board

Category

License Duration

Fee

Apprentice real estate appraiser application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$275

Residential appraiser certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$275

General appraiser certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$275

Residential appraiser license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$275

Annual federal registry fee per RSA 310-B:5, II

12 months

$40

Temporary permit per RSA 310-B:12-a application processing and licensing:

Initial - for single assignment

6 months

$40

One-time renewal - to complete assignment

6 months

$40

Appraisal management company registration application processing and licensing:

Initial, renewal, or reinstatement after expiration of registration baseline

up to 12 months

$880

Additional per appraiser who performed an appraisal for the company on a covered transaction within NH in the last year

up to 12 months

$25

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.45 Application {#sec-plc-1002.45 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.45}

Processing and Licensing Fees for the Professions Regulated by the Real Estate Commission. The application processing and licensing fees found in Table 1002.45, below, shall apply to the professions regulated by the real estate commission under RSA 331-A:

Table 1002.45 Application Processing and Licensing Fees for the Professions Regulated by the Real Estate Commission

Category

License Duration

Fee

Associate, managing, or principal broker license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Salesperson license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$99

Temporary license per RSA 331-A:21 application processing and licensing

max. one year

$40

Real estate firm or branch office application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Amendment to change any part of a real estate firm license, including changing the principal broker of a real estate firm, the managing broker of a real estate firm or branch office, or the trade name, or activating an inactive license or deactivating an active license

$20

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.46 Application {#sec-plc-1002.46 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.46}

Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Advisory Board of Recreational Therapists. The application processing and licensing fees found in Table 1002.46, below, shall apply to the profession regulated by the executive director with the advisory board of recreational therapists under RSA 331-A:

Table 1002.46 Application Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Advisory Board of Recreational Therapists

Category

License Duration

Fee

Recreational therapist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$181

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.47 Application {#sec-plc-1002.47 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.47}

Processing and Licensing Fees for the Professions Regulated by the Executive Director with the Advisory Board of Reflexologists, Structural Integrators, and Asian Bodywork Therapists. The application processing and licensing fees found in Table 1002.47, below, shall apply to the professions regulated by the executive director with the advisory board of reflexologists, structural integrators, and Asian bodywork specialists under RSA 328-H:

Table 1002.47 Application Processing and Licensing Fees for the Professions Regulated by the Executive Director with the Advisory Board of Reflexologists, Structural Integrators, and Asian Bodywork Therapists

Category

License Duration

Fee

Application processing and licensing for license to practice reflexology, structural integration, or Asian bodywork:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

History

#13420, eff 8-8-22; ss by #13703, eff 8-1-23 (formerly Plc 1002.42); ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.48 Application {#sec-plc-1002.48 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.48}

Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Advisory Board of Respiratory Care Practitioners. The application processing and licensing fees found in Table 1002.48, below, shall apply to the profession regulated by the executive director with the advisory board of respiratory care practitioners under RSA 326-E:

Table 1002.48 Application Processing and Licensing Fees for the Profession Regulated by the Executive Director with the Advisory Board of Respiratory Care Practitioners

Category

License Duration

Fee

Respiratory care practitioner license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.49 Application {#sec-plc-1002.49 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.49}

Processing and Licensing Fees for the Profession Regulated by the Board of Septic System Evaluators. The application processing and licensing fees found in Table 1002.49, below, shall apply to the profession regulated by the board of septic system evaluators under RSA 310-A:202-221:

Table 1002.49 Application Processing and Licensing Fees for the Profession Regulated by the Board of Septic System Evaluators

Category

License Duration

Fee

Septic system evaluator license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$110

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.50 Application {#sec-plc-1002.50 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.50}

Processing and Licensing Fees for the Professions Regulated by the Governing Board of Speech-Language Pathologists and Hearing Care Providers. The application processing and licensing fees found in Table 1002.50, below, shall apply to the professions regulated by the governing board of speech-language pathologists and hearing care providers under RSA 328-F and RSA 326-F:

Table 1002.50 Application Processing and Licensing Fees for the Professions Regulated by the Governing Board of Speech‑Language Pathologists and Hearing Care Providers

Category

License Duration

Fee

Speech-language pathologist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Speech-language pathologist provisional license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$121

Speech-language assistant certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$60

Audiologist license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

Audiologist interim license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

Hearing aid dealer license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$330

History

#13703, eff 8-1-23; ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.51 Application {#sec-plc-1002.51 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.51}

Processing and Licensing Fees for the Profession Regulated by the Board of Veterinary Medicine. The application processing and licensing fees found in Table 1002.51, below, shall apply to the profession regulated by the board of veterinary medicine under RSA 332-B:

Table 1002.51 Application Processing and Licensing Fees for the Profession Regulated by the Board of Veterinary Medicine

Category

License Duration

Fee

Veterinarian license application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$170

Conditional license pursuant to RSA 332-B:11

2 years

$100

Temporary license pursuant to RSA 332-B:12

1 year

$75

History

#13420, eff 8-8-22; ss by #13703, eff 8-1-23 (formerly Plc 1002.44); ss by #14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.52 Application {#sec-plc-1002.52 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.52}

Processing and Licensing Fees for the Profession Regulated by the State Board of Auctioneers. The application processing and licensing fees found in Table 1002.52, below, shall apply to the profession regulated by the state board of auctioneers under RSA 311-B:

Table 1002.52 Application Processing and Licensing Fees for the Profession regulated by the State Board of Auctioneers

Category

License Duration

Fee

Auctioneer license application processing and licensing:

Initial, renewal, or reinstatement after expiration of registration

2 years

$220

Certificate of authority for auctioneer business application processing and licensing:

Initial, renewal, or reinstatement after expiration of certificate of authority

2 years

$100

History

#14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.53 Application {#sec-plc-1002.53 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.53}

Processing and Licensing Fees for the Professions Regulated by the Boxing and Wrestling Commission. The application processing and licensing fees found in Table 1002.53, below, shall apply to the professions regulated by the boxing and wrestling commission under RSA 285:

Table 1002.53 Application Processing and Licensing Fees for the Boxing and Wrestling Commission

Category

License Duration

Fee

Promoter’s permit application processing and licensing

1 day

$100

Professional fighter including mixed martial arts (MMA), manager, cornerman, timekeeper, or scorekeeper application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$22

Referee or judge application processing and licensing:

Initial, renewal, or reinstatement after expiration of license

2 years

$110

History

#14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.54 Application {#sec-plc-1002.54 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.54}

Processing and Licensing Fees for the Voluntary Certification of Community Health Workers. The application processing and licensing fees found in Table 1002.54, below, shall apply to the voluntary certification of community health workers under RSA 326-N:

Table 1002.54 Application Processing and Licensing Fees for the Voluntary Certification of Community Health Workers

Category

License Duration

Fee

Voluntary certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of certification

2 years

$160

History

#14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.55 Application {#sec-plc-1002.55 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.55}

Processing and Licensing Fees for Doulas and Lactation Consultants. The application processing and licensing fees found in Table 1002.54, below, shall apply to the voluntary certification of doulas and lactation consultants under RSA 310-A:222:

Table 1002.55 Application Processing and Licensing Fees for the Voluntary Certification of Doulas and Lactation Support Providers

Category

License Duration

Fee

Voluntary certification application processing and licensing:

Initial, renewal, or reinstatement after expiration of certification

2 years

$160

History

#14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.56 Application {#sec-plc-1002.56 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.56}

Processing and Licensing Fees for the Registration of Nurse Agencies. The application processing and licensing fees found in Table 1002.55, below, shall apply to the registration of nurse agencies under RSA 326-M:

Table 1002.56 Application Processing and Licensing Fees for the Registration of Nurse Agencies

Category

License Duration

Fee

Nurse agency registration application processing and licensing:

Initial, renewal, or reinstatement after expiration of registration

2 years

$160

History

#14290, eff 7-1-25, EXPIRES: 7-1-35

N.H. Code Admin. R. Ann. Plc 1002.57 Application {#sec-plc-1002.57 omnilex-key=us-nh-regs-official--agency-plc--Plc 1002.57}

Processing and Licensing Fees for the Registration of Professional Bondsmen. The application processing and licensing fees found in Table 1002.56, below, shall apply to the registration of professional bondsmen under RSA 598-A:

Table 1002.57 Application Processing and Licensing Fees for the Registration of Professional Bondsmen

Category

License Duration

Fee

Professional bondsman registration application processing and licensing:

Initial, renewal, or reinstatement after expiration of registration

2 years

$160

History

#14290, eff 7-1-25, EXPIRES: 7-1-35

Part Plc 1003 Per Diem Compensation; Reimbursable Expenses

N.H. Code Admin. R. Ann. Plc 1003.01 Purpose and Applicability {#sec-plc-1003.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1003.01}

(a) The purpose of this part is to recognize the value of the many professionals who volunteer to serve on the boards, commissions, and councils established to regulate various professions in order to safeguard the public health, safety, welfare, environment, and the public trust of the citizens of the State of New Hampshire, by establishing the rates at which members of such boards, commissions, and councils will be compensated for attending meetings and conducting authorized board-related business, and will be partially reimbursed for expenses.

(b) This part shall apply to the boards, commissions, and councils supported by the office of professional licensure and certification (OPLC), as listed in RSA 310:2, II, hereinafter referred to as “supported boards”.

History

#13266, INTERIM, eff 9-22-21; ss by #13316, eff 12-22-21; ss by #13952, eff 5-15-24

N.H. Code Admin. R. Ann. Plc 1003.02 Definitions {#sec-plc-1003.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1003.02}

For purposes of this part and for reimbursement, the following definitions shall apply:

(a) “Board-related business” means an activity or event that is not a meeting as defined in (b), below, that the OPLC has authorized, pursuant to Plc 1003.08, a member of a supported board to request a per diem and travel expense reimbursement for undertaking or attending;

(b) “Meeting” means a convening of a quorum of a supported board in accordance with applicable legal requirements for the purpose of conducting official business within the jurisdiction of the body, provided that if a meeting is continued so as to occur on more than one calendar day, each day that any part of the meeting occurs shall be a separate meeting for purposes of per diem and expense reimbursement. The term includes meetings of a quorum of a sub-unit;

(c) “Member” means an individual who has been appointed as required by applicable law to serve on a supported board or on a sub-unit;

(d) “Per day”, for purposes of per diem reimbursement for board-related business, means per calendar day or portion thereof;

(e) “Reimbursable expenses” means:

(1) Mileage, parking, and tolls as determined pursuant to Plc 1003.05 for all supported boards; and

(2) For the board of registration of funeral directors and embalmers, expenses of examinations and inspections as determined pursuant to Plc 1003.07; and

(f) “Sub-unit” means a statutorily-created committee or subcommittee of a supported board.

History

#13266, INTERIM, eff 9-22-21; ss by #13316, eff 12-22-21; ss by #13952, eff 5-15-24

N.H. Code Admin. R. Ann. Plc 1003.03 Classification of Boards, Commissions, and Councils {#sec-plc-1003.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1003.03}

Because the supported boards vary considerably in the complexity and volume of work performed, the number of persons regulated, and the level of engagement of regulated persons and the general public, they are hereby assigned to class A, class B, or class C for purposes of determining the rate of per diem reimbursement, as follows:

(a) Class A boards shall be the following:

(1) Board of acupuncture licensing established under RSA 328-G;

(2) Board of architects established under RSA 310-A:29;

(3) Assessing certification advisory board established under RSA 310-C;

(4) Governing board of athletic trainers established under RSA 328-F:4 and RSA 326-G;

(5) State board of auctioneers established under RSA 311-B;

(6) Advisory board of body art practitioners established under RSA 314-A;

(7) Board of chiropractic examiners established under RSA 316-A;

(8) Advisory board of court reporters established under RSA 310-A:163;

(9) Board of licensed dietitians established under RSA 326-H;

(10) Electrology advisory committee established under RSA 314;

(11) Board of family mediator certification established under RSA 328-C;

(12) Board of licensing for foresters established under RSA 310-A:100;

(13) Governing board of genetic counselors established under RSA 328-F:4 and RSA 326-K;

(14) Guardian ad litem board established under RSA 490-C;

(15) Board of home inspectors established under RSA 310-A:186;

(16) Installation standards board established under RSA 205-D;

(17) Board of licensure for land surveyors established under RSA 310-A:55;

(18) Board of landscape architects established under RSA 310-A:142;

(19) Advisory board of massage therapists established under RSA 328-B;

(20) Advisory board of medical imaging and radiation therapy established under RSA 328-J;

(21) Board of registration of medical technicians established under RSA 328-I;

(22) Midwifery council established under RSA 326-D;

(23) Board of natural scientists established under RSA 310-A:81;

(24) Naturopathic board of examiners established under RSA 328-E;

(25) Board of examiners of nursing home administrators established under RSA 151-A;

(26) Governing board of occupational therapists established under RSA 328-F:4 and RSA 326-C;

(27) Board of registration in optometry established under RSA 327;

(28) Governing board of physical therapists established under RSA 328-F:4 and RSA 328-A;

(29) Board of podiatry established under RSA 315;

(30) Board of professional engineers established under RSA 310-A:3;

(31) Board of professional geologists established under RSA 310-A:120;

(32) Advisory board of recreational therapists established under RSA 328-J;

(33) Advisory board of reflexology, structural integrators, and Asian bodywork therapists established under RSA 328-H;

(34) Advisory board of respiratory care practitioners established under RSA 326-E;

(35) Board of septic system evaluators established under RSA 310-A:206; and

(36) Governing board of speech-language pathologists and hearing care providers established under RSA 328-F:4 and RSA 326-F;

(b) Class B boards shall be the following:

(1) Board of accountancy established under RSA 309-B;

(2) Board of licensing for alcohol and other drug use professionals established under RSA 330-C;

(3) Board of barbering, cosmetology, and esthetics established under RSA 313-A;

(4) Electricians’ board established under RSA 319-C;

(5) Board of registration of funeral directors and embalmers established under RSA 325;

(6) Mechanical licensing board established under RSA 153:27-a;

(7) Board of mental health practice established under RSA 330-A;

(8) Board of psychologists established under RSA 329-B;

(9) Real estate appraisers board established under RSA 310-B; and

(10) Board of veterinary medicine established under RSA 332-B;

(1) Boxing and wrestling commission established under RSA 285;

(2) Board of dental examiners established under RSA 317-A;

(3) Board of medicine established under RSA 329;

(4) Board of nursing established under RSA 326-B;

(5) N.H. pharmacy board established under RSA 318; and

(6) Real estate commission established under RSA 331-A; and

(d) All sub-units shall be classified as class A.

History

#13266, INTERIM, eff 9-22-21; ss by #13316, eff 12-22-21; ss by #13952, eff 5-15-24

N.H. Code Admin. R. Ann. Plc 1003.04 Per Diem Reimbursement {#sec-plc-1003.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1003.04}

(a) Members who wish to receive a per diem reimbursement for attendance at a meeting or for board-related business shall proceed in accordance with this section.

(b) Subject to availability of funds, the following rates shall apply:

(1) Members of a class A board shall receive $25 per meeting attended or per day of board-related business conducted;

(2) Members of a class B board shall receive $65 per meeting attended or per day of board-related business conducted; and

(3) Members of a class C board shall receive $115 per meeting attended or per day of board-related business conducted.

(c) To receive per diem reimbursement for attendance at a meeting, the member shall print his or her name and employee number on the “Per Diem Request - Meetings” form, revised April 2024, that is provided at the meeting and sign the form, after which the board administrator shall proceed as specified in (d), below.

(d) The board administrator shall:

(1) Identify the supported board or sub-unit that conducted the meeting;

(2) Identify the statute that authorizes the supported board or sub-unit;

(3) Enter the date of the meeting, the reason for the meeting, and the per diem amount that applies; and

(4) Sign the form prior to submitting it to the director of the division of licensing and board administration.

(e) The board administrator’s signature shall constitute attestation that the identified members did in fact attend the meeting and that the information contained in the form is true and correct to the best of the board administrator’s knowledge and belief.

(f) To request per diem payment for board-related business, the member shall:

(1) Complete, sign, and date a “Per Diem Request - Board-Related Business” form, dated April 2024, that is obtained from the board administrator;

(2) Attach a copy of the written authorization for the board-related business that was obtained pursuant to Plc 1003.08 to the form; and

(3) Submit the completed, signed, and dated form and copy of the signed authorization to the board administrator for the member’s board within 30 days of the board-related business for which the per diem is being requested.

(g) The member’s signature shall constitute attestation that the member did in fact attend or undertake the board-related business and that the information contained in the form is true and correct to the best of the member’s knowledge and belief.

(h) Upon receiving a completed form and copy of authorization pursuant to (f)(3), above, the board administrator shall:

(1) Confirm the supported board or sub-unit on which the member serves;

(2) Identify the statute that authorizes the supported board or sub-unit;

(3) Enter the per diem amount that applies; and

(4) Submit the form to the director of the division of licensing and board administration.

(i) Upon receipt of a complete, signed request for per diem reimbursement for attendance at a meeting or for board-related business, the director of the division of licensing and board administration shall direct the reimbursement to be made from available funds.

(j) If no funds are available when a request for per diem reimbursement is received, the director shall notify the member requesting reimbursement that the request is denied due to a lack of funds within 30 days.

History

#13266, INTERIM, eff 9-22-21; ss by #13316, eff 12-22-21; ss by #13952, eff 5-15-24

N.H. Code Admin. R. Ann. Plc 1003.05 Reimbursable Travel Expenses {#sec-plc-1003.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1003.05}

(a) Members who wish to receive reimbursement for mileage for miles actually driven, costs of parking, or tolls paid, or any combination thereof, for attendance at a meeting or for board-related business, shall submit a request for reimbursement in accordance with this section within 30 days of the date of travel.

(b) Subject to availability of funds, mileage for driving from a member’s starting point to the location of a meeting or board-related business for the purpose of attending the meeting or conducting board-related business, and from the location of a meeting or board-related business to the member’s ending point shall be compensated for the number of miles calculated pursuant to (c), below, at the per-mile rate established for OPLC employees in the applicable Collective Bargaining Agreement.

(1) The starting point shall be the member’s usual residence, provided that if the member travels to the location of the meeting or board-related business from a starting point that is closer to the destination, such as an office, the closer starting point shall be used;

(2) The ending point shall be the member’s usual residence, provided that if the member actually travels a shorter distance, such as to an office or to another meeting, the shorter distance shall be used; and

(3) The mileage determined pursuant to (1) plus the mileage determined pursuant to (2) shall be added together, as shown in the following equation:

(Mileage to meeting) + (mileage from meeting) = reimbursable mileage

(d) Costs of parking and tolls paid shall be determined as the amounts actually paid by the member:

(1) To park for the purposes of attending a meeting or conducting board-related business for which a per diem will be or is being requested, provided that only the time spent getting from the vehicle to the meeting or board-related business, from the meeting or board-related business to the vehicle, and attending the meeting shall be reimbursable; and

(2) To pass through a state-operated toll gate in order to get to or from a meeting or board-related business for which a per diem will be or is being requested.

(e) To be reimbursed for mileage, costs of parking, or tolls paid, or any combination thereof, the member shall submit a request as specified in Plc 1003.06 within 30 days of the date of travel. If the member is prevented by circumstances beyond the member’s control from submitting the request within 30 days of the travel, the member shall explain those circumstances in writing submitted with the request.

(f) Upon receipt of a complete, signed request for reimbursement of mileage, parking, or tolls, or any combination thereof, the director of the division of licensing and board administration shall direct the reimbursement to be made from available funds.

(g) If no funds are available when a request for mileage reimbursement is received or if the request is submitted more than 30 days after the date of travel without good cause, the director shall notify the member requesting reimbursement that the request is denied within 30 days. For purposes of this section, good cause shall be circumstances beyond the control of the member that prevented the member from submitting the request within 30 days of the date of travel.

(h) The notice sent pursuant to (g), above, shall specify the reason for the denial.

History

#13266, INTERIM, eff 9-22-21; ss by #13316, eff 12-22-21; ss by #13952, eff 5-15-24

N.H. Code Admin. R. Ann. Plc 1003.06 Requests for Reimbursable Travel Expenses {#sec-plc-1003.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1003.06}

(a) Any member who wishes to receive reimbursement for mileage, parking, or tolls, or any combination thereof, shall submit the information listed in (e), below, to the director of the division of licensing and board administration using state of New Hampshire Form A-4M “STATE OF NEW HAMPSHIRE PAYMENT VOUCHER IN-STATE REIMBURSEMENT REQUEST”, available by going to https://www.das.nh.gov/hr/forms.aspx and selecting the applicable travel reimbursement form.

(b) No member shall submit a request more frequently than once in any calendar month.

(c) Each request shall be signed by the member submitting the request, which shall constitute the member’s attestation that:

(1) The member did in fact attend each meeting or conduct the board-related business for which travel expenses are being requested;

(2) The member did in fact drive the miles for which mileage reimbursement is being requested or, if a request is submitted prior to leaving a meeting, that the member will drive the miles for which a mileage reimbursement is being requested;

(3) The member did in fact pay the amounts being requested for parking and tolls, as shown on the receipts submitted with the request; and

(4) The member understands that the submission of false, incomplete, or misleading information may violate RSA 641 relative to falsification in official matters.

(d) The submission of false, incomplete, or misleading information shall constitute grounds for the director to deny the request and to seek reimbursement of any amounts paid based on the request.

(e) The information required to be submitted shall be as follows:

(1) The time period covered by the request;

(2) The member’s name, address, and employee vendor number;

(3) The name of the supported board for which the member attended a meeting or conducted board-related business and, if the meeting was of a sub-unit, the name of the sub-unit;

(4) The date of each meeting attended or on which board-related business was conducted for which reimbursement for mileage, parking, or tolls, or any combination thereof, is being requested;

(5) For mileage reimbursement, the miles driven to the location of the meeting or board-related business and from the meeting or board-related business, as described in Plc 1003.05(c); and

(6) For reimbursement of parking or tolls, the amount paid for each as shown by receipts submitted with the request.

(f) A member submitting a request for travel expense reimbursement for board-related business shall submit a copy of the signed authorization received pursuant to Plc 1003.08 with the request.

History

#13266, INTERIM, eff 9-22-21; ss by #13316, eff 12-22-21; ss by #13952, eff 5-15-24

N.H. Code Admin. R. Ann. Plc 1003.07 Reimbursable Expenses for Board of Registration of Funeral Directors and Embalmers {#sec-plc-1003.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1003.07}

(a) The purpose of this section is to provide for reimbursement for members of the board of registration of funeral directors and embalmers (board) who:

(1) Perform inspections pursuant to RSA 325:17 and Frl 603; and

(2) Conduct practical examinations pursuant to RSA 325:18 and Frl 302 relative to embalming, Frl 303 relative to funeral directors, or Frl 403 relative to reinstatement.

(b) A member of the board who has been duly authorized by the board to conduct an inspection shall be reimbursed the amount specified in Table 1003-1, below, as applicable to the type of inspection conducted:

Table 1003-1: Reimbursement Rates for Inspections

Type of Inspection

Reimbursement Rate

New facility funeral home or chapel

$250 per inspection

Funeral home reinspection (every 3 years)

$200 per inspection

Funeral home reinspection (deficiencies)

$100 per inspection

Chapel reinspection (every 3 years)

$100 per inspection

(c) A member of the board who has been duly authorized by the board to conduct a written or practical examination shall be reimbursed $150 for each examination conducted.

(d) To receive reimbursement, the board member shall submit to the OPLC an invoice that identifies the total amount of reimbursement sought and, for each activity for which reimbursement is sought:

(1) The date the activity occurred;

(2) The location of the activity;

(3) Whether the activity was an inspection or an examination;

(4) If the activity was an inspection:

a. The name of the facility inspected;

b. The type of inspection conducted using the categories listed in Table 1003-1, above; and

c. The reimbursement rate, from Table 1003-1, above; and

(5) If the activity was an examination:

a. The name of the individual to whom the examination was administered;

b. The type of examination conducted; and

c. The reimbursement rate from (c), above.

(e) The board member shall sign and date the invoice to certify that the information submitted is true, complete, and not misleading to the best knowledge and belief of the board member.

History

#13387, eff 5-56-22

(a) Any member who wishes to be authorized to receive a per diem or travel reimbursement, or both, for attending an event as a board’s representative or otherwise conducting board-related business shall submit the following to the board administrator of the member’s board at least 2 weeks prior to the date on which the business will be conducted or the first day of the event to be attended:

(1) A completed, signed, and dated “Request for Authorization to Receive a Per Diem and Travel Expense Reimbursement for Board-Related Business” form dated April 2024;

(2) If the board-related business comprises attendance at a scheduled event, a copy of the brochure, flyer, notice, or other literature provided by the event sponsor, hereinafter “event literature”, that describes:

a. The purpose of the event and a description of the content to be provided;

b. The location of the event;

c. The date or dates on which the event is planned to occur; and

d. Any other features of the event that support a finding that the event meets the criteria listed in (e), below;

(3) If the board-related business is other than attendance at a scheduled event, a complete explanation of the business to be conducted and the reason(s) why the member is the most appropriate individual available to conduct the business; and

(4) The date of the meeting at which the member was authorized to attend the event as the board’s representative or to conduct the board-related business.

(b) The member’s signature shall constitute attestation that the information provided on or with the form is true and correct to the best of the member’s knowledge and belief.

(c) Upon receipt of a request for authorization to request travel expense reimbursement and a per diem for board-related business, the board administrator shall:

(1) Confirm that:

a. The request form is complete and signed and dated by the member requesting authorization;

b. If the board-related business is attending a scheduled event, a copy of the event literature is attached; and

c. If the board-related business is other than attending a scheduled event, a complete explanation has been provided of the business to be conducted and the reasons why the member is the most appropriate individual available to conduct the business;

(2) Insert the statute that establishes the board and the per diem rate for the board; and

(3) Forward the request and literature to the executive director.

(d) If the board administrator determines that the form is not complete or is not signed and dated, or that event literature, if required, is not attached, the board administrator shall contact the member to request the member to complete the form or provide the literature, as applicable.

(e) The executive director shall approve a request to attend a scheduled event if:

(1) All information required by (a), above, has been submitted and the member has signed and dated the request form required by (a)(1), above;

(2) The event is intended to provide information about board administration or about the profession that is regulated by the board at a level that is appropriate for the board member’s education and experience;

(3) The applicable board has authorized the member to attend; and

(4) The member cannot claim continuing education credit for the event.

(f) The executive director shall approve a request to conduct other business as described if:

(1) All information required by (a), above, has been submitted and the member has signed and dated the request form required by (a)(1), above;

(2) The business is clearly within the jurisdiction of the member’s board; and

(3) The member’s board has authorized the member to conduct the business as the most appropriate individual who is available to do so.

(g) If the executive director has questions about whether the request meets the criteria for approval, the executive director shall consult with the chair of the applicable board or, if the member requesting authorization is the chair, with the vice chair of the applicable board.

(h) The executive director shall indicate approval by signing and dating the form.

(i) The executive director shall return the form to the board administrator.

(j) The board administrator shall:

(1) Keep the original signed authorization in the board’s records; and

(2) Send a copy of the signed authorization to the member who submitted it.

History

#13952, eff 5-15-24

N.H. Code Admin. R. Ann. Plc 1004.01 Purpose {#sec-plc-1004.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.01}

The purpose of this part is to establish the fees for examinations that will be charged by the third party testing organization(s) with whom the office of professional licensure and certification (OPLC) has contracted to administer the exam(s).

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35

N.H. Code Admin. R. Ann. Plc 1004.02 Applicability {#sec-plc-1004.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.02}

The fees in this part shall apply to any applicant who is required by applicable law, in order to be eligible for licensure, to pass an examination that is administered by a third party testing organization with whom the OPLC has contracted to administer the exam.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35

N.H. Code Admin. R. Ann. Plc 1004.03 Examination Fees for Professions Regulated by the Board of Barbering, Cosmetology, and Esthetics {#sec-plc-1004.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.03}

The examination fees for the professions regulated by the board of barbering, cosmetology, and esthetics under RSA 313-A shall be as follows:

(a) The fees for barber examinations, equivalent to barber I examinations, shall be:

(1) For the written exam, $88; and

(2) For the practical exam, $99;

(b) The fees for master barber examinations, equivalent to barber styling examinations, shall be:

(1) For the written exam, $88; and

(2) For the practical exam, $99;

(1) For the written exam, $88; and

(2) For the practical exam, $99.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35

N.H. Code Admin. R. Ann. Plc 1004.04 Examination Fees for Microblading Certificates {#sec-plc-1004.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.04}

The examination fees for cosmetologists and estheticians to obtain a microblading certificate as regulated by the executive director in consultation with the advisory board of body art practitioners under RSA 314-A:2, IV, equivalent to permanent cosmetics or micropigmentation examinations, shall be as follows:

(a) For the written exam, $18; and

(b) For the practical exam, $20.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.03(d))

N.H. Code Admin. R. Ann. Plc 1004.05 Jurisprudence {#sec-plc-1004.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.05}

Examination Fee for the Profession Regulated by the Board of Chiropractic Examiners. The fee for the jurisprudence examination for chiropractors as regulated by the board of chiropractic examiners under RSA 316-A shall be $69.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.04)

N.H. Code Admin. R. Ann. Plc 1004.06 Jurisprudence {#sec-plc-1004.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.06}

Examination Fee for Dentists and Dental Hygienists. The fee for the jurisprudence examination for dentists and dental hygienists as regulated by the board of dental examiners under RSA 317‑A shall be $69.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.05)

N.H. Code Admin. R. Ann. Plc 1004.07 Examination Fees for the Professions Regulated by the Electricians’ Board {#sec-plc-1004.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.07}

The examination fees for the professions regulated by electricians’ board under RSA 319-C shall be as follows:

(a) For the journeyman electrician examination, $90;

(b) For the master electrician examination, $90; and

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.06)

N.H. Code Admin. R. Ann. Plc 1004.08 Jurisprudence {#sec-plc-1004.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.08}

Examination Fees for Foresters. The fee for the jurisprudence examination for foresters as regulated by the board of licensing for foresters under RSA 310-A:98-117 shall be $40.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.07)

N.H. Code Admin. R. Ann. Plc 1004.09 Jurisprudence {#sec-plc-1004.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.09}

Examination Fees for Funeral Directors. The fee for the jurisprudence examination for funeral directors as regulated by the board of registration of funeral directors and embalmers under RSA 325 shall be $40.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.08)

N.H. Code Admin. R. Ann. Plc 1004.10 Jurisprudence {#sec-plc-1004.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.10}

Examination Fees for Land Surveyors. The fee for the jurisprudence examination for land surveyors as regulated by the board of licensure for land surveyors under RSA 310-A:53-74 shall be $40.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.09)

N.H. Code Admin. R. Ann. Plc 1004.11 Examination {#sec-plc-1004.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.11}

Fees for Professions Regulated by the Mechanical Licensing Board. The examination fees for professions regulated by the mechanical licensing board under RSA 153:27-36 shall be as follows:

(a) First year plumbing apprentice bypass, $90;

(b) Journeyman plumber examination, $90; and

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.10)

N.H. Code Admin. R. Ann. Plc 1004.12 Jurisprudence Examination Fee for the Professions Regulated by the Board of Mental Health Practice {#sec-plc-1004.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.12}

The fee for the jurisprudence examination for the professions regulated by the board of mental health practice under RSA 330-A shall be $60.

History

#14377, eff 10-8-25, EXPIRES: 10-8-35

N.H. Code Admin. R. Ann. Plc 1004.13 Jurisprudence {#sec-plc-1004.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.13}

Examination Fees for Midwifery. The fee for the jurisprudence examination for midwives as regulated by the midwifery council under RSA 326-D shall be $40.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.11)

N.H. Code Admin. R. Ann. Plc 1004.14 Examination Fees for {#sec-plc-1004.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.14}

Professions Regulated by the Board of Natural Scientists. The examination fees for the professions regulated by the board of natural scientists under RSA 310-A:75-95 shall be as follows:

(a) For the soil scientist theory exam, $69; and

(b) For the wetlands scientist theory exam, $69.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.12)

N.H. Code Admin. R. Ann. Plc 1004.15 Jurisprudence {#sec-plc-1004.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.15}

Examination Fees for the Profession Regulated by the Naturopathic Board of Examiners. The fee for the jurisprudence exam for naturopaths as regulated by the naturopathic board of examiners under RSA 328-E shall be $40.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.13)

N.H. Code Admin. R. Ann. Plc 1004.16 Jurisprudence {#sec-plc-1004.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.16}

Examination Fees for the Profession Regulated by the Board of Registration in Optometry. The fee for the jurisprudence examination for the profession regulated by the board of registration in optometry under RSA 327 shall be $69.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.14)

N.H. Code Admin. R. Ann. Plc 1004.17 Jurisprudence {#sec-plc-1004.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.17}

Examination Fees for the Profession Regulated by the Board of Professional Engineers. The fee for the jurisprudence examination for professional engineers as regulated by the board of professional engineers under RSA 310-A:2-27 shall be $69.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.15)

N.H. Code Admin. R. Ann. Plc 1004.18 Jurisprudence {#sec-plc-1004.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.18}

Examination Fees for the Professions Regulated by the Board of Psychologists. The fee for the jurisprudence exam for psychologists as regulated by the board of psychologists under RSA 329-B shall be $40.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.16)

N.H. Code Admin. R. Ann. Plc 1004.19 Examination Fees for the Professions Regulated by the Real Estate Appraisers Board {#sec-plc-1004.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.19}

The examination fees for the professions regulated by the real estate appraisers board under RSA 310-B shall be as follows:

(a) For a licensed residential appraiser, $90;

(b) For a certified residential appraiser, $90; and

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.17)

N.H. Code Admin. R. Ann. Plc 1004.20 Examination Fees for the Professions Regulated by the Real Estate Commission {#sec-plc-1004.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.20}

The examination fees for the professions regulated by the real estate commission under RSA 331-A shall be as follows:

(a) For real estate brokers, $36 for the national portion and $34 for the state portion; and

(b) For real estate salespersons, $34 for the national portion and $32 for the state portion.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.18)

N.H. Code Admin. R. Ann. Plc 1004.21 Jurisprudence {#sec-plc-1004.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.21}

Examination Fees for Septic System Evaluators. The fee for the jurisprudence exam for the profession regulated by the board of septic system evaluators under RSA 310-A:202-221 shall be $40.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.19)

N.H. Code Admin. R. Ann. Plc 1004.22 Jurisprudence {#sec-plc-1004.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 1004.22}

Examination Fees for the Profession Regulated by the Board of Veterinary Medicine. The fee for the jurisprudence exam for the profession regulated by the board of veterinary medicine under RSA 332-B shall be $69.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Plc 1001 (see below for additional statutes)

RSA 310:5, I

Plc 1001.01, Plc 1001.02, Plc 1001.07, Plc 1001.13, Plc 1001.14, Plc 1001.17 [new], Plc 1001.18 [new], Plc 1001.19 [formerly Plc 1001.17]; Plc 1001.20 [new]; Plc 1001.21 [new]; Plc 1001.22 [new]; Plc 1001.23 [new]

RSA 310:5, I

Plc 1001.06

RSA 21-G:6-a

Plc 1001.08

RSA 310:5, III

Plc 1001.12

RSA 6:11-a

Plc 1001.19

RSA 310:5, I

Plc 1002

RSA 310:5, I

Plc 1003.01 - Plc 1003.06

RSA 310:6, III

Plc 1003.07

RSA 310:6, III; RSA 325:17, 18

Plc 1003.08

RSA 310:6, III

Plc 1004

RSA 310:5, I

Appendix B: Statutory Provisions

328-F:3 Governing Boards Established. – There shall be established governing boards of athletic trainers, occupational therapists, physical therapists, speech-language pathologists and hearing care providers, and genetic counselors. In order to eliminate a redundant regulatory framework and promote efficiency and economy, and as set forth in RSA 310, the responsibility for administration of the governing boards shall be with the office of professional licensure and certification, and the authority of the board of directors of allied health professionals is repealed.

History

#14244, EMERGENCY RULE, eff 4-23-25; ss by #14377, eff 10-8-25, EXPIRES: 10-8-35 (formerly Plc 1004.20)
1997, 287:1. 2001, 158:100. 2003, 310:38. 2006, 220:4. 2010, 118:12. 2013, 271:4. 2015, 276:66, eff. July 1, 2015. 2021, 91:166, eff. July 1, 2021; 197:16, eff. July 1, 2021. 2022, 17:1, eff. June 10, 2022; 72:2, eff. July 19, 2022. 2023, 79:277, eff. Sept. 1, 2023.

Chapter Plc 1100 Reflexologists, Structural Integrators, and Asian Bodywork Therapists

Part Plc 1101 Purpose and Applicability; Sending Notices and Licenses; Incorporated Definitions

N.H. Code Admin. R. Ann. Plc 1101.01 Purpose {#sec-plc-1101.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1101.01}

The purpose of this chapter is to implement RSA 328-H relative to regulating the professions of reflexology, structural integration, and Asian bodywork therapy, by establishing requirements for:

(a) Obtaining and renewing a license to practice reflexology, structural integration, or Asian bodywork therapy;

(b) Obtaining the reinstatement of a license to practice reflexology, structural integration, or Asian bodywork therapy that has expired or was revoked, or the restoration of a license that was suspended; and

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1101.02 Applicability {#sec-plc-1101.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1101.02}

This chapter shall apply to any individual who intends to practice or who does actually practice reflexology, structural integration, or Asian bodywork therapy in New Hampshire, except as provided by RSA 328-H:13, reprinted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1101.03 Notifications; Issuance of Licenses {#sec-plc-1101.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1101.03}

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1101.04 Incorporated Definitions {#sec-plc-1101.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1101.04}

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

Part Plc 1102 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Plc 1102.01 Advisory board {#sec-plc-1102.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.01}

“Advisory board” means “board” as defined in RSA 328-H:2, II, namely, “the advisory board of reflexology, structural integration, and Asian bodywork therapy.”

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1102.02 Asian bodywork therapist {#sec-plc-1102.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.02}

“Asian bodywork therapist” means a practitioner providing Asian bodywork therapy in accordance with the scope of practice described in RSA 328-H:3, III, reprinted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1102.03 Inappropriate sexual contact {#sec-plc-1102.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.03}

“Inappropriate sexual contact” means the intentional touching of the client’s breasts or genitalia by the licensee when such touching:

(1) Is a therapeutic aspect of the therapy, but is done without the informed consent of the client; or

(2) Is not a necessary, therapeutic aspect of the therapy and is performed primarily for the purpose of sexual arousal or gratification of the licensee or the client, regardless of the client’s consent.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1102.06)

N.H. Code Admin. R. Ann. Plc 1102.04 Licensee {#sec-plc-1102.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.04}

“Licensee” means “licensee” as defined in RSA 328-H:2, V, namely “a person to whom a license has been issued pursuant to this chapter.” The term includes “licensed practitioner”.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1102.08)

N.H. Code Admin. R. Ann. Plc 1102.05 National certifying organization {#sec-plc-1102.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.05}

“National certifying organization” means an entity approved by the executive director to provide certification of qualifications for licensure, as identified in Plc 1107.02.

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1102.06 Offense {#sec-plc-1102.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.06}

“Offense” means an act or acts of inappropriate sexual contact occurring during the course of a single therapy session.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1102.09)

N.H. Code Admin. R. Ann. Plc 1102.07 Practice {#sec-plc-1102.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.07}

“Practice” means “practice” as defined in RSA 328-H:2, VI, namely, “the application of a system of structured touch therapies which includes reflexology, structural integration, or Asian bodywork therapy.”

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1102.10)

N.H. Code Admin. R. Ann. Plc 1102.08 Practitioner {#sec-plc-1102.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.08}

“Practitioner” means “practitioner” as defined in RSA 328-H:2, VII, namely, “a person who practices touch therapies for compensation and holds a current certification from an entity approved by the executive director as a reflexologist, structural integrator, or Asian bodywork therapist.”

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1102.11)

N.H. Code Admin. R. Ann. Plc 1102.09 Reflexologist {#sec-plc-1102.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.09}

“Reflexologist” means a practitioner providing reflexology in accordance with the scope of practice described in RSA 328-H:3, I, reprinted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1102.12)

N.H. Code Admin. R. Ann. Plc 1102.10 Structural integrator {#sec-plc-1102.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1102.10}

“Structural integrator” means a practitioner providing structural integration in accordance with the scope of practice described in RSA 328-H:3, II, reprinted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1102.13)

Part Plc 1103 Advisory Board

N.H. Code Admin. R. Ann. Plc 1103.01 Appointment of Advisory Board Members {#sec-plc-1103.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1103.01}

(a) As required by RSA 328-H:6, the executive director shall appoint 3 practitioners to represent each field regulated under RSA 328-H on the advisory board.

(b) Each of the practitioners appointed to the advisory board shall:

(1) Have been certified by the appropriate certifying organization for at least 2 years preceding the appointment;

(2) Be currently licensed in New Hampshire when appointed and for the duration of the term; and

(3) As required by RSA 328-H:6, V, have been a resident of New Hampshire for at least one year immediately preceding appointment to the advisory board.

(c) After the initial appointments to create staggered terms, and as provided in RSA 328-H:6, each advisory board member shall:

(1) Be appointed to serve a 3-year term; and

(2) Serve for not more than 2 full consecutive terms.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1103.02 Advisory Board Officers {#sec-plc-1103.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1103.02}

Annually, at the first meeting of the calendar year, the duly-appointed advisory board members shall elect, from among the advisory board members, a chair and a vice chair.

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1103.03 Advisory Board Address and Contact Information {#sec-plc-1103.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1103.03}

(a) The advisory board’s offices shall be at the offices of the OPLC, located as specified in Plc 103.03.

(b) All correspondence with the advisory board shall be addressed as specified in Plc 103.03(d).

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1103.04 Meetings of Advisory Board {#sec-plc-1103.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1103.04}

(a) The advisory board shall meet at the call of the advisory board chair or the executive director.

(d) Records of the advisory board shall be kept by the executive director as required by RSA 91-A.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1103.05 Responsibilities of Advisory Board {#sec-plc-1103.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1103.05}

(a) As required by RSA 328-H:6, the advisory board shall advise and assist the executive director with regard to the implementation of this chapter.

(c) If requested by the executive director based on a determination that the expertise of advisory board members is needed, one or more members of the advisory board shall assist with an investigation commenced pursuant to Plc 204 relative to complaints and investigations.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

Part Plc 1104 Initial Licensure

N.H. Code Admin. R. Ann. Plc 1104.01 Qualifications for Initial Practitioner Licensure {#sec-plc-1104.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1104.01}

As required by RSA 328-H:8, I, to qualify for initial licensure as a practitioner, an individual shall:

(a) Be at least 18 years of age as of the date of application;

(b) Hold a current certificate from a national certifying agency; and

(c) Not have been convicted in New Hampshire or in any other jurisdiction of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime.

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1104.02 Initial License Application Submission {#sec-plc-1104.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1104.02}

Any individual who meets the qualifications established in RSA 328-H:8, I and restated in Plc 1104.01 and wishes to engage in the practice of reflexology, structural integration, or Asian bodywork therapy who is not licensed in New Hampshire shall apply by complying with Plc 304.01, subject to the following:

(a) On or with the “Reflexologists, Structural Integrators, And Asian Bodywork Therapists Supplement To Universal Application For Initial License” dated 11/2025, the applicant shall provide the information required by Plc 1104.03 and the information required by Plc 1104.04, and attest to the statements in Plc 304.05(b);

(b) No criminal background check shall be required; and

(c) The fee shall be the application processing and licensing fee specified in Plc 1002.47, provided that an applicant who is active military or a military spouse shall not pay the fee.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1104.01)

N.H. Code Admin. R. Ann. Plc 1104.03 Additional Information Required for Initial Licensure {#sec-plc-1104.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1104.03}

In addition to the information required by Plc 304.03, the applicant shall provide the following information:

(a) Whether the applicant is applying for a license to practice reflexology, structural integration, or Asian bodywork therapy; and

(b) In addition to the name of each jurisdiction where the applicant holds or held any professional license, certificate, registration, approval, authorization, or any other governmental approval to practice reflexology, structural integration, or Asian bodywork therapy, the same information for any other related or unrelated profession the applicant is or has been licensed to practice, and for each, the following:

(1) The profession in which the applicant is or was licensed;

(2) The number of years the applicant was licensed; and

(3) The status of the license or certificate, including whether a license or certificate was denied or is active, suspended, or revoked.

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1104.04 Additional Documentation Required for Initial Licensure {#sec-plc-1104.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1104.04}

In addition to the documentation required by Plc 304.04, the applicant shall provide documentation of current certification by the applicable national certifying organization, as provided in Plc 1107.

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1104.05 Processing of Applications for Initial Licensure; Decisions {#sec-plc-1104.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1104.05}

(a) The licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h) and the withdrawal provisions of Plc 304.07.

(c) After determining that an application is complete, the licensing bureau shall review the application in accordance with Plc 304.08.

(d) The licensing bureau shall make a decision and notify the applicant in accordance with Plc 304.09, subject to (e), below.

(e) The licensing bureau shall approve an application for initial licensure and issue a license if the applicant:

(1) Has submitted an application that meets the requirements of Plc 1104.02;

(2) Meets the requirements specified in RSA 328-H:8, I, summarized in Plc 1104.01 and reprinted in Appendix B; and

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1104.02)

N.H. Code Admin. R. Ann. Plc 1104.06 Initial Licenses: Issuance and Duration {#sec-plc-1104.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1104.06}

(a) The OPLC shall issue initial licenses in accordance with Plc 304.11.

(b) Initial licenses shall be valid as provided in Plc 304.12.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1104.03)

N.H. Code Admin. R. Ann. Plc 1104.07 Challenging a Denial of Initial Licensure; Challenging License Conditions {#sec-plc-1104.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1104.07}

An applicant who wishes to challenge the denial of an application for initial licensure or who wishes to challenge conditions included in the license shall do so as provided in Plc 304.10.

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

Part Plc 1105 Continued Status

N.H. Code Admin. R. Ann. Plc 1105.01 Licensee Obligations for Notifications, Updates, Promotional Materials, and Posting {#sec-plc-1105.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1105.01}

Each licensee shall comply with:

(a) Plc 307.02 relative to required notifications, updates of contact information, and providing information on how complaints can be filed;

(b) RSA 328-H:8, IV, relative to advertising and promotional materials; and

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1104.04)

N.H. Code Admin. R. Ann. Plc 1105.02 Obligations for Renewal {#sec-plc-1105.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1105.02}

Each licensed practitioner shall:

(a) Know when the individual’s current license is due to expire; and

(b) File an application for renewal prior to the expiration of the current license in accordance with Plc 1105.05 if the individual wishes to continue to practice in New Hampshire.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1104.04)

N.H. Code Admin. R. Ann. Plc 1105.03 Notification of Pending License Expiration {#sec-plc-1105.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1105.03}

The licensing bureau shall notify each licensed practitioner of the pending expiration of the individual’s license in accordance with Plc 308.03.

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1105.04 Expired License {#sec-plc-1105.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1105.04}

(a) If a complete application for renewal is not received until after the expiration date of the license, the license shall be expired.

(b) An individual whose license has expired shall not practice in New Hampshire unless and until the license is reinstated within one year in accordance with Plc 312.

(c) An individual whose license has lapsed who wishes to obtain a license in New Hampshire shall apply for an initial license in accordance with Plc 1104.02.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1105.05)

N.H. Code Admin. R. Ann. Plc 1105.05 Application for License Renewal {#sec-plc-1105.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1105.05}

A licensed practitioner who wishes to continue to practice in New Hampshire shall apply for renewal by complying with Plc 308.05, subject to the following:

(a) No profession-specific supplement shall be required;

(b) The fee shall be the application processing and licensing fee for renewal specified in Plc 1002.47, provided that an applicant who is active military or a military spouse shall not pay the fee; and

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1105.01)

N.H. Code Admin. R. Ann. Plc 1105.06 Processing of Renewal Applications; Decisions {#sec-plc-1105.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1105.06}

(a) Within 30 days of receipt of an application submitted pursuant to Plc 1105.04, the licensing bureau shall process the application as provided in Plc 308.09.

(b) The application shall be subject to the abandonment and withdrawal provisions of Plc 308.10.

(c) The licensing bureau shall review complete applications and notify the applicant of its decision as provided in Plc 308.11 and RSA 541-A:29, II.

(d) The licensing bureau shall issue a renewal license if the applicant:

(1) Has submitted a renewal application that meets the requirements of Plc 1105.04;

(2) Is in compliance with all provisions of RSA 328-H and Plc 1100, including:

a. Not having been convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime;

b. Not having been found after an adjudicative proceeding conducted in accordance with applicable provisions of RSA 541-A and Plc 200 to have committed an act of inappropriate sexual contact with a client;

c. Payment of any administrative fine imposed by the executive director pursuant to Plc 311 and Plc 1106.03; and

(3) Meets the criteria for renewal specified in Plc 308.02.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1105.02)

N.H. Code Admin. R. Ann. Plc 1105.07 Renewal Licenses {#sec-plc-1105.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1105.07}

(a) The OPLC shall issue renewal licenses in accordance with Plc 308.13(a).

(b) Renewal licenses shall be valid as provided in Plc 308.13(b).

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36 (formerly Plc 1105.03)

N.H. Code Admin. R. Ann. Plc 1105.08 Challenging a Denial of Registration Renewal; Challenging License Conditions {#sec-plc-1105.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1105.08}

An applicant who wishes to challenge the denial of an application for license renewal or who wishes to challenge conditions included in the license shall do so in accordance with Plc 308.12.

History

#14444, eff 1-26-26, EXPIRES: 1-26-36

Part Plc 1106 Procedures; Disciplinary Proceedings; Administrative Fines

N.H. Code Admin. R. Ann. Plc 1106.01 Rules of Practice and Procedure {#sec-plc-1106.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1106.01}

(a) The rules in Plc 200 and Plc 311 shall govern procedures for:

(1) The receipt of misconduct complaints and the investigation thereof;

(2) The conduct of disciplinary hearings and non-disciplinary remedial hearings;

(3) Disciplinary and non-disciplinary remedial proceedings;

(4) The imposition of license conditions;

(5) The assessment of administrative fines;

(6) Reciprocal discipline; and

(7) Rehearings and appeals.

(b) The rules in Plc 200 shall govern:

(1) The conduct of all other adjudicative and non-adjudicative proceedings;

(2) Waivers of rules;

(3) Voluntary surrender of licenses; and

(4) Any other procedures not included in this chapter.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1106.02 Suspension or Revocation of License {#sec-plc-1106.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1106.02}

Plc 312 shall govern the reinstatement of a license after expiration or revocation and the restoration of a license after suspension.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1106.03 Administrative Fines {#sec-plc-1106.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1106.03}

Fines for violations of RSA 328-H and Plc 1100 shall be imposed in accordance with the following schedule, not to exceed $2,000 per violation:

(a) For submitting false or fraudulent information on or with an application, the fine shall be $2,000;

(b) For falsification of a license to practice reflexology, structural integration, or Asian bodywork therapy, the fine shall be $2,000;

(c) For knowingly advertising reflexology, structural integration, or Asian bodywork therapy without having an active New Hampshire license, the fine shall be $1,000 per month or portion thereof the practice or advertising occurs;

(d) For knowingly practicing reflexology, structural integration, or Asian bodywork therapy without having an active New Hampshire license, the fine shall be $2,000 per month or portion thereof the practice or advertising occurs;

(e) For willfully failing to cooperate during an investigation, the fine shall be $750 per occurrence;

(f) For committing an act or acts of inappropriate sexual contact, the fine shall be $2,000 for each offense;

(g) For knowingly continuing to practice in New Hampshire after failing to maintain national certification in accordance with RSA 328-H:10, I, the fine shall be $1,000 per month or portion thereof the practice occurs;

(h) For failing to notify the executive director within 10 working days of the expiration, suspension, or revocation of the licensee’s national certification, the fine shall be $250 per month or portion thereof the notification is late;

(i) For failing to notify the executive director within 10 working days when a change of home or business address or change in personal telephone number or email address occurs, the fine shall be $25 per month or portion thereof the notification is late; and

(j) For failing to notify the executive director within 10 working days of any disciplinary action, including the imposition of fines or penalties, taken against the licensee by another jurisdiction in which the licensee is licensed, the fine shall be $250 per month or portion thereof the notification is late.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

Part Plc 1107 Certification Requirements

N.H. Code Admin. R. Ann. Plc 1107.01 Certification Required {#sec-plc-1107.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1107.01}

An applicant for an initial or renewal license under RSA 328‑H and Plc 1100 shall have the specified certification from the applicable certifying organization listed in Plc 1107.02, provided that an applicant having certification from a certifying organization not listed in Plc 1107.02 may request a waiver under Plc 211 to have the certification accepted based on a combination of education, certification by the alternate organization, and experience.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1107.02 Approved Certifying Organizations {#sec-plc-1107.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1107.02}

The certifying organizations and certifications approved for each type of license shall be as follows:

(a) For reflexology, foot certification from the American Reflexology Certification Board (ARCB®);

(b) For structural integration:

(1) Certification from a program that is recognized by the International Association of Structural Integration (IASI) as compliant with IASI’s current educational standards, as listed on the IASI website at https://www.theiasi.net or directly at https://www.theiasi.net/content.aspx?page_id=22&club_id=386922&module_id=552872; or

(2) Membership in the IASI at a level that requires a diploma or certificate from an IASI-recognized teaching institution; and

(1) As a diplomate in Asian bodywork therapy from the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM); or

(2) From the American Organization for Bodywork Therapies of Asia (AOBTA).

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36

N.H. Code Admin. R. Ann. Plc 1107.03 Maintenance of National Certification {#sec-plc-1107.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1107.03}

(a) Licensed practitioners shall comply with the requirements for maintaining certification established by the applicable certifying organization, including but not limited to continuing education.

(b) Licensed practitioners shall maintain continuous national certification during a licensure period.

(c) If a licensed practitioner’s national certification is revoked or suspended by the certifying organization, or if the certification expires, the practitioner shall:

(1) Notify the executive director within 10 working days; and

(2) Not engage in touch therapies for compensation in New Hampshire unless and until becoming certified again.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Plc 1101

RSA 328-H:1

Plc 1102

RSA 328-H:2

Plc 1103

RSA 328-H:6

Plc 1104

RSA 310:4, II(c); RSA 310:8; RSA 328-H:8

Plc 1105

RSA 310:8; RSA 328-H:8, V; RSA 328-H:9

Plc 1106

RSA 310:8; RSA 328-H:10; RSA 328-H:15

Plc 1107

RSA 328-H:5, I

Appendix B: Statutory Provisions

RSA 328-H:3 Scope of Practice for Reflexologists, Structural Integrators, and Asian Bodywork Therapists.

I. Reflexologists practice the use of alternating pressure applied to the reflexes within the reflex maps of the body located on the feet, hands, and outer ears.

II. Structural integrators restore postural balance and functional ease by systematically aligning and integrating the human body in gravity. Structural integrators work through manipulation of the connective tissue matrix, enhancement of the client’s awareness, and education.

III. Asian bodywork therapists treat the human body, mind, emotions, spirit, and energy field using traditional Asian techniques and treatment strategies for the purpose of promoting, maintaining, and restoring health. Asian bodywork therapists use methods of assessment and treatment based on the principles of Chinese medicine. Treatment may include, but is not limited to touching, pressing or holding the body along meridians and/or acupoints, application of heat or cold, stretching, external application of herbal or other topical preparations not classified as prescription drugs, and dietary or exercise suggestions.

RSA 328-H:8 Practitioner License Issuance. –

I. The executive director shall issue a practitioner license to each qualified applicant who:

(a) Is at least 18 years of age on the date of the application;

(b) Makes an application on a form prescribed by the executive director;

(d) Has not been convicted in New Hampshire or in any other state of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime; and

(e) Holds a current certificate from a national certifying agency in accordance with RSA 328-H:2, VII that has been approved under RSA 328-H:5, I, and as otherwise set forth in this chapter.

II. Licenses shall be issued based on the applicant's specific training, and each license shall identify the specific bodywork profession in which the applicant is trained and certified.

III. Licenses shall be valid for 2 years.

IV. All advertising and promotional material, including but not limited to, business cards, brochures, and yellow pages, must display the licensee's license number.

V. Practitioner licenses shall be posted in each office the licensee practices in, or carried on the licensee if the licensee practices at locations other than his or her own office or offices.

RSA 328-H:10 License Revocation or Suspension. – After notice and opportunity for hearing, as provided under RSA 541-A, the executive director may revoke or suspend any license issued pursuant to this chapter if the licensee:

I. Fails to maintain his or her national certification as required by RSA 328-H:2, VII;

II. Violates this chapter or any rule or order adopted or issued under it;

III. Knowingly makes any false statement regarding the application or license or in any report the board requires to be made;

IV. Fails to respond to any lawful inquiry of the executive director; or

V. Is convicted of any crime involving violence inflicted on a person or threatened against a person, or any sexually-related crime.

RSA 328-H:11 Hearings. – The contested case provisions of RSA 541-A:31-36 shall apply when a person is aggrieved by a decision of the executive director under this chapter. Appeals shall be made in accordance with RSA 541-A.

RSA 328-H:13 Exemptions. – Nothing in this chapter shall prevent a person licensed by this state pursuant to any other provision of law from performing the occupation for which he or she is licensed.

History

(See Revision Note at chapter heading for Plc 1100) #13391, eff 5-27-22; ss by #14444, eff 1-26-26, EXPIRES: 1-26-36
2009, 67:1, eff. Aug. 8, 2009.
2009, 67:1. 2014, 167:42. 2015, 276:107, eff. July 1, 2015. 2022, 314:16, eff. July 1, 2022.
2009, 67:1. 2015, 276:107, eff. July 1, 2015.
2009, 67:1. 2015, 276:107, eff. July 1, 2015.
2009, 67:1, eff. Aug. 8, 2009.

Chapter Plc 1200 Court Reporters

Part Plc 1201 Purpose and Applicability; Sending Notices and Licenses

N.H. Code Admin. R. Ann. Plc 1201.01 Purpose {#sec-plc-1201.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1201.01}

The purpose of this chapter is to implement RSA 310-A:161-181 relative to regulating the practice of court reporting, to promote public welfare and maintain a high standard of integrity, skills, and practice in the profession of court reporting in New Hampshire, by establishing requirements for:

(a) Obtaining and renewing a license to practice court reporting;

(b) Obtaining the reinstatement of a license to practice court reporting that has expired or otherwise been rendered inactive or invalid; and

(c) The regulation of the practices of licensed court reporters, including establishing ethical and professional standards required to be met by each holder of a license.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1201.02 Applicability {#sec-plc-1201.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1201.02}

This chapter shall apply to any individual who intends to practice or who does practice court reporting in New Hampshire.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1201.03 Notifications; Issuance of Licenses {#sec-plc-1201.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1201.03}

(a) All notifications sent to applicants and licensees and all licenses issued pursuant to this chapter shall be sent to the applicant’s or licensee’s designated email address.

(b) All notifications and licenses sent to a designated email address for which the OPLC does not receive any indication that the email was not delivered shall be deemed to have been received by the individual who designated the email address.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

Part Plc 1202 Definitions

N.H. Code Admin. R. Ann. Plc 1202.01 Advisory board {#sec-plc-1202.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.01}

“Advisory board” means the advisory board of court reporters established pursuant to RSA 310-A:163.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.02 Court reporter {#sec-plc-1202.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.02}

“Court reporter” means “court reporter” as defined in RSA 310-A:162, II, namely “a person who has met the requirements set forth in this subdivision and is licensed to engage in shorthand reporting or voice writing.” For purposes of this definition, “this subdivision” means RSA 310-A:161-181.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.03 Court reporting {#sec-plc-1202.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.03}

“Court reporting” means capturing the live testimony in or for legal proceedings using machine writing or voice writing to create an official certified transcript of the proceedings.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.04 Criminal records check {#sec-plc-1202.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.04}

“Criminal records check” means the process undertaken by the NH department of safety (NHDOS) that requires live scanned prints to be taken digitally and submitted electronically to the NH criminal records unit and the FBI. The term includes a “criminal history record” but does not include an “online NH criminal conviction check”.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.05 Designated email address {#sec-plc-1202.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.05}

“Designated email address” means the email address provided by an applicant or licensee as the address for the OPLC to use when sending notifications and licenses.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.06 Executive director {#sec-plc-1202.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.06}

“Executive director” means the executive director of the office of professional licensure and certification (OPLC) or designee.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.07 License {#sec-plc-1202.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.07}

“License” means “license” as defined in RSA 541-A:1, VIII, namely “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.” For purposes of this chapter, the term includes any similar form of approval to practice court reporting in any jurisdiction.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.08 Licensing bureau {#sec-plc-1202.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.08}

“Licensing bureau” means the organizational unit within the OPLC’s division of licensing and board administration that is responsible for accepting and processing applications.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.09 Machine writing {#sec-plc-1202.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.09}

“Machine writing” means “machine writing” as defined in RSA 310-A:162, III, namely “the making of a verbatim record of the spoken word by means of the use of phonetic entries into a stenotype machine.”

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.10 Military spouse {#sec-plc-1202.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.10}

“Military spouse” means an individual who is legally married to an individual who is on active military duty.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.11 On active military duty {#sec-plc-1202.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.11}

“On active military duty” means on active duty in the U.S. armed forces. The term includes “active military”.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.12 Personal contact information {#sec-plc-1202.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.12}

“Personal contact information” means an individual’s home or other personal telephone number, home address, home mailing address if different, and designated email address.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.13 Shorthand reporting {#sec-plc-1202.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.13}

“Shorthand reporting” means “shorthand reporting” as defined in RSA 310-A:162, V, namely “the making by means of written symbols or abbreviations in shorthand or machine writing a verbatim record of the spoken word.”

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.14 Voice reporting {#sec-plc-1202.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.14}

“Voice reporting” means “voice reporting” as defined in RSA 310-A:162, VI, namely “the making of a verbatim record of the spoken word by means of voice writing.”

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.15 Voice writing {#sec-plc-1202.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.15}

“Voice writing” means “voice writing” as defined in RSA 310-A:162, VII, namely “the making of a verbatim record of the spoken word by means of an individual repeating the words of the speaker into a device either capable of digital translation into English text, or a device capable of creating a tape or digital recording.”

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1202.16 Working day {#sec-plc-1202.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 1202.16}

“Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of holidays.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

Part Plc 1203 Advisory Board

N.H. Code Admin. R. Ann. Plc 1203.01 Advisory {#sec-plc-1203.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1203.01}

Board Members Appointment and Qualifications.

(a) Pursuant to RSA 310-A:163, the executive director shall establish an advisory board of court reporters consisting of 3 members.

(b) As required by RSA 310-A:163:

(1) Two members shall be licensed court reporters and one member shall be licensed to practice law in New Hampshire;

(2) Each member shall be appointed to a term of 3 years; and

(3) No member shall serve more than 2 consecutive full terms.

(1) Be currently licensed in New Hampshire when appointed and for the duration of the term; and

(2) Have actively practiced in New Hampshire for at least one year immediately preceding appointment to the advisory board.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1203.02 Meetings and Records of Advisory Board {#sec-plc-1203.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1203.02}

(a) The advisory board shall meet at the call of the executive director.

(b) Meetings of the advisory board shall be held at the OPLC’s offices in Concord, NH, or in such other location as the executive director determines will be most convenient for the largest number of anticipated attendees.

(d) Records of the advisory board shall be maintained by the OPLC as required by RSA 91-A.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1203.03 Responsibilities of Advisory Board {#sec-plc-1203.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1203.03}

(a) As provided in RSA 310-A:163, the advisory board shall advise the executive director regarding the implementation of RSA 310-A:161-181, including in particular reviewing and commenting on proposed rules and proposed revisions to rules intended to implement RSA 310-A:161-181.

(b) If requested by the executive director based on a determination that the expertise of the advisory board members is needed, members of the advisory board shall sit as part of a panel for an adjudicative hearing conducted pursuant to applicable provisions in Plc 200 and RSA 541-A.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1203.04 Records of Predecessor Board {#sec-plc-1203.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1203.04}

The records of the board of court reporters that existed prior to July 19, 2022, the effective date of Laws of 2022, ch. 64, shall be:

(a) Retained by the executive director in accordance with the retention schedule established pursuant RSA 310:4, II(e) and available in the frequently asked questions (FAQ) section of the OPLC website at https://www.oplc.nh.gov; and

(b) Available for public review as provided in Plc 100.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

Part Plc 1204 Initial Licensure

N.H. Code Admin. R. Ann. Plc 1204.01 Statutory Qualifications for Licensure {#sec-plc-1204.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.01}

To qualify for licensure as a court reporter in New Hampshire, an applicant shall:

(a) As required by RSA 310-A:169, hold one of the following titles:

(1) Registered Professional Reporter (RPR), from the National Court Reporters Association (NCRA); or

(2) Certified Voice Reporter (CVR), from the National Verbatim Reporters Association (NVRA);

(b) As required by RSA 310-A:170, III:

(1) Be at least 18 years of age;

(2) Be a citizen of the United States or legally able to work;

(3) Be of good moral character; and

(4) Have a high school education, or the equivalent thereof, as defined by the department of education; and

(1) The use of verbatim methods and equipment to capture, store, retrieve, and transcribe pretrial and trial proceedings or other information;

(2) Creating verbatim transcripts of speeches, conversations, legal proceedings, meetings, and other events when written accounts of spoken words are necessary for correspondence, records, or legal proof;

(3) Ensuring a complete, accurate, and secure legal record; and

(4) Working in varieties of settings, such as taking depositions in attorney’s offices, documenting proceedings of meetings, conventions, and other private activities, and documenting proceedings taking place in government agencies at all levels from the United States Congress to the state and local government bodies.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.02 Applying for Initial Licensure {#sec-plc-1204.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.02}

(a) Any individual who meets the statutory qualifications as reiterated in Plc 1204.01 and wishes to become licensed as a court reporter in New Hampshire shall submit an application for licensure in accordance with this section.

(b) Each applicant for initial licensure shall submit to the executive director:

(1) A “Universal Application for Initial License” dated March 2023, as tailored for court reporter licenses, that contains the information specified in Plc 304.03 and Plc 1204.03 and is signed and attested to as specified in Plc 304.05;

(2) The documentation identified in Plc 304.04 and Plc 1204.04; and

(3) An application processing and licensing fee as required by Plc 1002.10.

(c) Each applicant shall also complete the process established by the NHDOS for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and directing that the results be sent to the OPLC.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.03 Information Required for Initial License Application {#sec-plc-1204.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.03}

In addition to the information required by Plc 304.03, the applicant for an initial license to practice court reporting shall provide the following information:

(a) Whether the applicant is certified by the NCRA or the NVRA and the date(s) of the applicant’s receipt of initial certification and most recent certification, if different;

(b) Information about the applicant’s education, as follows:

(1) Whether the applicant graduated from high school or obtained an equivalent; and

(2) For each institution of higher education attended by the applicant, the name and address of the institution, the years attended, the degree earned, if any, and the graduation date, if any; and

(c) Information on the applicant’s experience in positions that require the skills identified in RSA 310-A:167, as follows for each position held within the last 10 years:

(1) Dates of employment, title(s) of position(s), and present address of employer;

(2) Character of employment including types of work performed and degree of responsibility; and

(3) Name and present address of someone familiar with each position.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.04 Information and Documentation Required for Initial License Application {#sec-plc-1204.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.04}

In addition to the information and documentation required by Plc 304.04, the applicant shall provide the following with an application submitted pursuant to Plc 1204.02:

(a) A copy of the applicant’s high school diploma or equivalency certificate;

(b) Proof of being at least 18 years of age, such as a copy of an official government identification card or driver’s license showing a date of birth or a copy of the applicant’s birth certificate;

(c) Proof of U.S. citizenship, such as a birth certificate or naturalization papers, or if not a U.S. citizen, proof of the applicant’s legal status and ability to work in the U.S.;

(d) A copy of the applicant’s current certification as a Registered Professional Reporter (RPR) from the NCRA or as a Certified Voice Reporter (CVR) from the NVRA, as applicable; and

(e) As required by RSA 310-A:177, a valid surety bond for the penal sum of $1,000 that meets the conditions specified in the statute, reprinted in Appendix C.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.05 Initial Review of Applications for Initial Licensure; Abandonment {#sec-plc-1204.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.05}

(a) Within 30 days of receipt of an application submitted pursuant to Plc 1204.02, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h).

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.06 Withdrawal of Application for Initial Licensure {#sec-plc-1204.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.06}

(a) An applicant may withdraw an application for licensure at any time prior to being notified of a decision under Plc 1204.07 by proceeding in accordance with Plc 304.07.

(b) If the application is withdrawn, the application processing and licensing fee shall not be refunded.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.07 Review of Complete Applications for Initial Licensure; Decisions {#sec-plc-1204.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.07}

(a) After determining that an application is complete, the licensing bureau shall review the application to determine whether the applicant meets all criteria for licensure.

(b) The licensing bureau shall issue a license to any applicant:

(1) Who meets the statutory qualifications referenced in Plc 1204.01;

(2) Who has submitted an application that meets the requirements of Plc 1204.02; and

(3) For whom none of the circumstances listed in Plc 1204.10 apply, provided that:

a. If any of the circumstances listed in Plc 1204.10 form any part of the basis for denial, the licensing bureau shall refer the application to the executive director to commence an adjudicative proceeding in accordance with Plc 206; and

b. The circumstances shall be disregarded unless proven by a preponderance of the evidence as a result of the adjudicative proceeding.

(c) The licensing bureau shall notify the applicant of the decision on the application in writing sent to the applicant’s designated email address.

(d) If the licensing bureau determines that the applicant has not demonstrated that all requirements to obtain a license, other than those addressed in (a)(3), above, are met, then:

(1) The licensing bureau shall deny the application; and

(2) The notice sent pursuant to (b), above, shall inform the applicant that the denial shall be final in 30 days unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied, the application processing and licensing fee shall not be refunded.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.08 Initial Licenses: Issuance and Duration {#sec-plc-1204.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.08}

(a) Each initial license to practice court reporting issued by the OPLC shall specify:

(1) The name of the licensee;

(2) The effective date of the license;

(3) The license number; and

(4) The method of reporting the licensee is licensed to use.

(b) An initial license shall:

(3) Be subject to renewal.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.09 Challenging a Denial of Initial Licensure {#sec-plc-1204.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.09}

An applicant who wishes to challenge the denial of an application for initial licensure shall do so as provided in Plc 304.10.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.10 Grounds for Denial of Application {#sec-plc-1204.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.10}

An application for licensure shall be denied if, after notice and an opportunity for hearing, there is a finding based on a preponderance of the evidence that:

(a) The applicant, or someone acting on the applicant’s behalf, has submitted false material information to the OPLC in connection with the application;

(b) Disciplinary action has been taken by another licensing body or a professional society or association based on circumstances that indicate the applicant cannot be relied upon to practice competently and honestly, or adhere to the standards of conduct required by the applicable statutes and Plc 1200;

(c) The applicant has been convicted of a felony or misdemeanor based on circumstances that indicate the applicant cannot be relied upon to practice competently and honestly, or adhere to the ethical standards required by the applicable statutes and Plc 1200; or

(d) The applicant has engaged in behavior that violates the ethical standards of the applicable statutes and Plc 1200.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.11 Facilitated Licensing for Active Duty Military and Military Spouses {#sec-plc-1204.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.11}

(a) An applicant for licensure who is on active military duty or who is a military spouse shall apply for licensure as provided in Plc 1204.02, except that no application processing and licensing fee shall be required.

(b) Each applicant who applies for facilitated licensing under this section shall be eligible to obtain a facilitated license if the applicant:

(1) Meets the qualifications for licensure summarized in Plc 1204.01; or

(2) Is licensed or registered in another jurisdiction, provided that the other jurisdiction’s licensure or registration requirements are substantially equivalent to, or more stringent than, New Hampshire’s requirements as described in Plc 1204.01.

(c) Any individual who obtains a facilitated license under this section shall comply with all license renewal requirements specified in Plc 1206 if the individual wishes to continue to work as a court reporter in New Hampshire after the term of the initial license.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1204.12 Temporary Licensure {#sec-plc-1204.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1204.12}

An applicant for an initial license to practice court reporting may apply for a temporary license as provided in Plc 305 or Plc 306, as applicable, if the individual is licensed and in good standing in another U.S. jurisdiction having requirements for court reporter licensure that are substantially the same as, or more stringent than, New Hampshire’s.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

Part Plc 1205 Licensee Obligations; Continuing Education

N.H. Code Admin. R. Ann. Plc 1205.01 Licensed Court Reporter Seal Required {#sec-plc-1205.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1205.01}

(a) As required by RSA 310-A:172, upon receiving a license as a court reporter, the licensee shall acquire an impression type seal or rubber stamp of the design specified in (b), below.

(b) The seal shall consist of 2 concentric circles, with the outer circle having a diameter of 1-9/16 inches and the inner circle having a diameter of 15/16 inches. In the space between the circles, the top shall be the words “Licensed Court Reporter” and at the bottom “State of New Hampshire”. In the space inside the inner circle shall be the full name of the licensee and the license number written horizontally, and the reporting method as shown on the license.

(c) As required by RSA 310-A:172, the licensee shall affix the seal to all transcripts prepared by the licensee or prepared under this licensee’s direct supervision for use in New Hampshire.

(d) As prohibited by RSA 310-A:172, no licensee shall:

(1) Stamp or seal any document with the licensee’s seal or do any other act as a licensed court reporter after the license has expired or has been suspended, revoked, or surrendered voluntarily; or

(2) Stamp or seal any document that was not prepared by the licensee personally or under the licensee’s direct supervision.

(e) As required by RSA 310-A:179, each licensed court reporter shall display the license number on any transcripts produced by the licensee and on all business cards and other information made available to the public by the licensee.

(f) Each licensed court reporter also shall display the license number on any transcripts produced by the licensee and on all business cards and other information made available to the public by the licensee in electronic format.

(g) Each licensed court reporter shall ensure that the license number is displayed on any of the items listed in (e), above, that are prepared or made available to the public on behalf of the licensee, whether in material form or electronically.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1205.02 Licensee Obligations to Notify {#sec-plc-1205.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1205.02}

(a) Each licensee shall:

(1) Notify the licensing bureau within 10 working days when a change of name occurs; and

(2) Update the OPLC’s records within 10 working days when a change of home or business address or change in personal telephone number or designated email address occurs.

(b) Each licensee shall notify the licensing bureau within 10 working days of any disciplinary action, including the imposition of fines or penalties, taken or in progress of being taken against the licensee by another jurisdiction in which the licensee is licensed.

(d) Each licensee shall inform the licensing bureau within 10 working days of:

(1) The commencement of any civil action or insurance claim filed against the licensee that alleges malpractice; and

(2) Any decision(s) made in such civil actions or insurance claims.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1205.03 Licensee Responsibilities for Renewal {#sec-plc-1205.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1205.03}

Each licensee shall:

(a) Know when the license is due to expire; and

(b) File an application for renewal prior to the expiration of the current license in accordance with Plc 1206.02 if the individual wishes to continue to practice in New Hampshire.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1205.04 Inactive Status {#sec-plc-1205.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1205.04}

(a) Any licensee may request that the license be put on inactive status in accordance with this section.

(b) To request inactive status, the licensee shall submit a written request to the licensing bureau that:

(1) Explains the reason(s) why inactive status is being requested; and

(2) Specifies:

a. The length of time for which inactive status is requested; or

b. If a finite time period is not being requested, identifies the event(s) that will result in the licensee wishing to become active again, such as discharge from active duty service in the armed forces.

(c) Upon receipt of a request in accordance with (b), above, the licensing bureau shall place the licensee on inactive status.

(d) To request a return to active status prior to the expiration date of the inactive license, the licensee shall submit a written request that specifically requests a return to active status to the licensing bureau.

(e) To request a return to active status after the expiration date of the inactive license, the licensee shall submit to the licensing bureau:

(1) A written request that specifically requests a return to active status;

(2) A complete application for renewal as specified in Plc 1206.02; and

(3) Payment of the renewal application processing and licensing fee specified in Plc 1206.02(d).

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1205.05 Continuing Education Required {#sec-plc-1205.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1205.05}

As required by RSA 310-A:178, any person holding a license to practice court reporting in New Hampshire shall comply with the continuing education requirements of the NCRA or the NVRA, as applicable.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1205.06 Documentation Requirements; Audits {#sec-plc-1205.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1205.06}

(a) Each licensee shall retain documentation of participating in continuing education for the current license term and the most recent renewal period, which may be a print-out of the tracking system used by the NCRA or NVRA, as applicable.

(b) The executive director shall audit licensee participation in continuing education by:

(1) Randomly selecting 10% of licensees each year to be audited; and

(2) Notifying each selected licensee of the audit by email sent to the licensee’s designated email address.

(c) The notice sent pursuant to (b)(2), above, shall direct the licensee to submit documentation for the continuing education claimed by the licensee for the most recent renewal period to the executive director by a specified date, which shall be no sooner than 30 days from the date of the notice.

(d) A licensee selected for audit shall submit the requested documentation to the executive director no later than the date specified in the notice.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

Part Plc 1206 Renewal of Licenses; Reinstatement

N.H. Code Admin. R. Ann. Plc 1206.01 Notification of Pending License Expiration {#sec-plc-1206.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.01}

(a) At least 60 days prior to the expiration of a license issued pursuant to RSA 310-A:161-181 and Plc 1200 or rules of the predecessor board in title Rep, the licensing bureau shall:

(1) Notify, in writing to the licensee’s designated email address, each licensee whose license is expiring that:

a. The license is due to expire;

b. Failure to file a complete and timely application for renewal shall result in the license expiring;

c. If the license expires, the licensee shall not be able to work legally in New Hampshire unless and until a license is reinstated;

d. The application for reinstatement shall require a new application processing and licensing fee and proof of certification by the NCRA or NVRA, as applicable; and

e. The application processing and licensing fee paid with the renewal application shall not be refunded; and

(2) Include with the notice a copy of the application identified in Plc 1206.02(a) or, when the application becomes available on-line, a registration code for the licensee to use to renew on-line.

(b) A licensee who wishes to renew a license who does not receive an application or registration code shall contact OPLC customer support at CustomerSupport@oplc.nh.gov to obtain an application or code.

(c) A licensee whose license has expired shall not practice court reporting in New Hampshire unless and until the license has been reinstated.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.02 Applying for License Renewal {#sec-plc-1206.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.02}

A licensee who wishes to renew a license to practice court reporting shall submit the following to the licensing bureau:

(a) A completed “Universal Application for License Renewal” dated March 2023, as tailored for court reporter licenses, that provides the information required by Plc 308.06 and is signed and attested to as specified in Plc 308.08;

(b) The information and documentation required by Plc 308.07 and Plc 1206.03, as applicable;

(c) The information and attestation relative to meeting continuing competence requirements, as specified in Plc 1206.04; and

(d) An application processing and licensing fee as required by Plc 1002.10, provided that applicants applying for facilitated licensure as active military or a military spouse shall not pay the fee.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.03 Information and Documentation Required for Renewal Application {#sec-plc-1206.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.03}

In addition to the information and documentation required by Plc 308.07, the applicant shall submit the following with a renewal application:

(a) If the applicant is not a U.S. citizen, proof of authorization to work in the U.S.; and

(b) Proof of a valid surety bond for the penal sum of $1,000 that meets the conditions specified in RSA 310-A:177, reprinted in Appendix C.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.04 Information and Attestation Relative to Continuing Competence {#sec-plc-1206.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.04}

(a) An applicant for renewal of a court reporter license shall provide the following information relative to continuing competence:

(1) The total number of hours achieved by the applicant in continuing professional education courses since the beginning of the current license term; and

(2) The following information for each continuing professional education course for which credit is claimed:

a. The name of the course or activity;

b. The beginning and ending date(s) of the course or activity;

c. The name of the sponsor or provider of the course or activity; and

d. The total number of hours attributable to the course or activity.

(b) Submission of the information shall constitute the applicant’s attestation that the applicant has met all continuing competence requirements of the NCRA or NVRA, as applicable.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.05 Initial Review of Renewal Applications {#sec-plc-1206.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.05}

Within 30 days of receipt of an application submitted pursuant to Plc 1206.02, the licensing bureau shall process the application as provided in Plc 308.09.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.06 Withdrawal or Abandonment of Renewal Application {#sec-plc-1206.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.06}

(a) An applicant may withdraw an application to renew a license at any time prior to being notified of a decision under Plc 1206.07 by proceeding in accordance with Plc 308.10.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.07 Review of Complete Renewal Applications; Decisions {#sec-plc-1206.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.07}

(a) The licensing bureau shall review complete applications as provided in Plc 308.11.

(b) The licensing bureau shall renew the license of any applicant:

(1) Who continues to meet the statutory qualifications referenced in Plc 1204.01;

(2) Who has submitted an application that meets the requirements of Plc 1206.02;

(3) Who meets the eligibility for renewal criteria specified in Plc 308.02; and

(4) For whom none of the circumstances listed in Plc 1206.09 apply, provided that:

a. If any of the circumstances listed in Plc 1206.09 form any part of the basis for denial, the licensing bureau shall refer the application to the executive director to commence an adjudicative proceeding in accordance with Plc 206; and

b. The circumstances shall be disregarded unless proven by clear and convincing evidence as a result of the adjudicative proceeding.

(c) The licensing bureau shall notify the applicant of the decision on the application in writing sent to the applicant’s designated email address.

(d) If the licensing bureau determines that the applicant has not demonstrated that all requirements to obtain, other than those addressed in (a)(3), above, a license are met, then:

(1) The licensing bureau shall deny the application; and

(2) The notice sent pursuant to (c), above, shall inform the applicant that the denial shall be final in 30 days unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied, the application processing and licensing fee shall not be refunded.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.08 Renewal Licenses: Issuance and Duration {#sec-plc-1206.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.08}

(a) Each renewal license to practice court reporting issued by the OPLC shall specify:

(1) The name of the licensee;

(2) The effective dates of the license;

(3) The license number; and

(4) The method the licensee shall be authorized to use.

(b) Renewal licenses shall:

(1) Be valid for 2 years from the date of issuance, provided that the timely filing of a complete renewal application shall continue the validity of the license being renewed until final action is taken on the renewal application;

(2) Expire 2 years from the date on which the license was issued unless a timely and complete renewal application is filed or the license is sooner suspended or revoked pursuant to Plc 1208; and

(3) Be subject to renewal biennially.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.09 Grounds for Denial of Renewal {#sec-plc-1206.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.09}

Renewal shall be denied if, after notice and an opportunity for hearing, the executive director finds by clear and convincing evidence that:

(a) The applicant has committed an unethical act for which discipline shall be imposed under Plc 1208; or

(b) The applicant no longer complies with the other statutory qualifications for licensure.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.10 Challenging a Denial of License Renewal {#sec-plc-1206.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.10}

An applicant who wishes to challenge the denial of an application for license renewal shall do so as provided in Plc 308.12.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.11 Reinstatement of a License After Expiration {#sec-plc-1206.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.11}

(a) An individual whose license has expired shall not practice in New Hampshire unless and until the individual has obtained a license in accordance with RSA 310-A:161-181 and Plc 1200.

(b) An individual whose license has expired who wishes to obtain a license in New Hampshire shall apply for a renewal license in accordance with Plc 1206 and demonstrate that the applicant is certified by the NCRA or NVRA, as applicable, provided that an individual who did not renew the license prior to its expiration based on a good faith belief that the individual would no longer be practicing in New Hampshire may request a waiver of the certification requirement in accordance with (c), below.

(c) To request a waiver of the certification requirement, the individual shall submit a written request for a waiver in writing to the licensing bureau that:

(1) Explains the basis for the individual’s good faith belief that the individual would no longer be practicing in New Hampshire, such as a business or personal reason for leaving the area; and

(2) Provides such proof as is available for the belief, such as a copy of a job offer in another jurisdiction or an affidavit stating the personal reasons for leaving.

(d) The executive director, in consultation with the advisory board, shall grant the waiver if the individual demonstrates that the failure to timely renew was based on a good faith belief that the individual would no longer be practicing in New Hampshire and was not due to neglect.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1206.12 Reinstatement of a License Previously Suspended or Revoked {#sec-plc-1206.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1206.12}

(a) An individual whose license was suspended pursuant to Plc 1208, or whose license was suspended by the New Hampshire board of court reporters prior to July 19, 2022, who wishes to have the license reinstated shall:

(1) If the request is made before the expiration date of the suspended license, submit a written request to the licensing bureau that demonstrates compliance with all conditions of the suspension order and plan of correction, including completing any additional continuing competence activities, being certified by the NCRA or NVRA, as applicable, and paying any monetary penalties imposed, but not paying an additional application processing and licensing fee; or

(2) If the request is made after the expiration date of the suspended license:

a. Submit an application for renewal, including demonstrating all requirements for renewal have been met including certification by the NCRA or NVRA, as applicable;

b. Pay all monetary penalties imposed, if any;

c. Pay the costs associated with the suspension, if imposed pursuant to RSA 310:12,V or other applicable law; and

d. Demonstrate that all conditions imposed in the suspension order have been met.

(b) An individual whose license was revoked pursuant to Plc 1208, or whose license was revoked by the New Hampshire board of court reporters prior to July 19, 2022, who wishes to have a license reinstated shall:

(1) Submit an application for renewal licensure in accordance with Plc 1206.02, including demonstrating that the applicant is certified by the NCRA or NVRA, as applicable; and

(2) Demonstrate that all conditions imposed in the revocation order have been met.

(c) If the licensing bureau makes a preliminary determination that the applicant does not qualify for a license or does not qualify for an unrestricted license, the licensing bureau shall refer the matter to the executive director, who shall initiate an adjudicative proceeding pursuant to Plc 200 to determine whether to deny the application or to reinstate the license with conditions.

(d) A license shall not be granted to an individual who previously held a license whose license was suspended or revoked unless and until the individual has:

(1) Complied with any requirements that are part of the suspension or revocation order;

(2) Paid the costs associated with the suspension or revocation, if imposed pursuant to RSA 310:12, V or other applicable law;

(3) Paid any monetary penalties imposed under Plc 1208 or predecessor rules in title Rep; and

(4) Demonstrated that the individual meets all other requirements for a renewal license and is certified by the NCRA or NVRA, as applicable.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

Part Plc 1207 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 1207.01 Purpose and Applicability {#sec-plc-1207.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1207.01}

(a) The purpose of this part is to establish ethical and professional standards to maintain a high standard of integrity, skills, and practice in the profession of court reporting.

(b) These rules shall be binding upon each individual who is licensed as a court reporter in New Hampshire.

N.H. Code Admin. R. Ann. Plc 1207.02 National Associations Codes of Ethics as Binding Ethical Standards {#sec-plc-1207.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1207.02}

(a) Licensees who obtained initial licensure based on being certified by the NCRA shall comply with the NCRA Code of Ethics, available as noted in Appendix B, except as modified in RSA 310-A:180, I and II, reprinted in Appendix C.

(b) Licensees who obtained initial licensure based on being certified by the NVRA shall comply with the NVRA Code of Ethics, available as noted in Appendix B, except as modified in RSA 310-A:180, I and II, reprinted in Appendix C.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1207.03 Additional Licensee Obligations {#sec-plc-1207.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1207.03}

Each person to whom these standards apply also shall:

(a) Comply with RSA 310-A:161-181, Plc 307.04 as effective May 1, 2023, reprinted in Appendix D, and Plc 1200;

(b) Obey in good faith, and within any time periods specified, any disciplinary or remedial orders issued by the executive director;

(d) Not misrepresent professional qualifications or certifications;

(e) Cooperate with lawful investigations by the executive director;

(f) Treat all individuals with whom the person interacts in a professional capacity with respect and civility;

(g) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(h) Not discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, or national origin.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

Part Plc 1208 Procedures; Disciplinary Actions

N.H. Code Admin. R. Ann. Plc 1208.01 Rules of Practice and Procedure; Definition {#sec-plc-1208.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1208.01}

(a) The rules in Plc 200 shall govern procedures for:

(1) The receipt of misconduct complaints and the investigation thereof;

(2) The conduct of disciplinary proceedings, including emergency proceedings;

(3) Waivers;

(4) Voluntary surrender of licenses; and

(5) Any other procedures not included in this chapter.

(b) For purposes of this part, “respondent” means the person against whom a disciplinary sanction is proposed to be imposed.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1208.02 Procedures for Imposition of Sanctions {#sec-plc-1208.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1208.02}

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III, the executive director shall impose disciplinary sanctions only:

(1) After prior notice; and

(2) An opportunity for an adjudicative hearing or pursuant to a mutually agreed upon settlement or consent decree.

(b) After a finding that misconduct has occurred, the executive director shall impose one or more of the disciplinary sanctions authorized by RSA 310:12 or RSA 310-A:174, III, reprinted in Appendix C, after considering the presence of aggravating or mitigating circumstances as specified in (c) and (d), below.

(1) The seriousness of the offense;

(2) Prior disciplinary record;

(3) State of mind at the time of the offense;

(4) Lack of willingness to cooperate with the executive director; and

(5) Potential harm to public health and safety.

(d) The following shall be considered mitigating circumstances:

(1) Absence of a prior disciplinary record;

(2) State of mind at the time of the offense;

(3) Willingness to cooperate with the executive director;

(4) Acknowledgment of wrongdoing; and

(5) The purpose of the rule or statute violated.

(e) Copies of orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each jurisdiction in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1208.03 Conditions of License Suspension or Revocation {#sec-plc-1208.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1208.03}

(a) If a license is suspended, the licensee shall prepare and submit a plan of correction to address each violation that provided a basis for the disciplinary proceeding.

(b) The executive director shall review the submitted plan of correction and:

(1) Approve the plan, if it:

a. Addresses each violation that provided a basis for the disciplinary proceeding; and

b. Identifies one or more specific actions that the licensee shall take and specifies a deadline for taking each action that is reasonable given the nature of the action to be taken; or

(2) Return the plan to the licensee for revision and resubmission if the plan does not meet the requirements for approval specified in (1), above.

(d) If a license is suspended or revoked, any subsequent application for licensure shall include a plan of correction that addresses each violation that provided a basis for the disciplinary proceeding.

(e) An individual whose license has been revoked and who wishes to reapply for a license shall apply as for license reinstatement in accordance with Plc 1206.11(b).

(f) A license shall not be granted to an individual who previously held a license but whose license was revoked unless and until the individual has complied with the requirements on which the revocation was based, has paid all monetary penalties imposed, and has paid the costs associated with the revocation, if imposed pursuant to RSA 310:12, V or other applicable law.

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1208.04 Reciprocal Discipline {#sec-plc-1208.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1208.04}

(a) When the executive director receives notice that a licensee has been subjected to disciplinary action related to professional conduct by the licensing authority of another jurisdiction, the executive director shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

(b) In a disciplinary proceeding brought on the basis of discipline imposed in another jurisdiction, the licensee shall be subject to any disciplinary sanction authorized by RSA 310-A:174, III, reprinted in Appendix C, or RSA 310:12, I, after considering the presence of aggravating or mitigating circumstances as specified in Plc 1208.02(c) and (d).

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1208.05 Administrative Fines {#sec-plc-1208.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1208.05}

(a) The executive director shall issue a written notice to any individual proposed to be subjected to an administrative fine that notifies the individual:

(1) Of the violation(s) for which the administrative fine is proposed;

(2) Of the amount of the proposed administrative fine;

(3) That the individual may request a hearing prior to the imposition of the fine; and

(4) Of the deadline for requesting a hearing, which shall be no sooner than 20 days from the date of the notice.

(b) If the recipient of the notice requests a hearing, the hearing shall be conducted in accordance with the provisions in Plc 200 and RSA 541-A that govern adjudicative proceedings.

(d) Administrative fines for violations of RSA 310-A:161-181 and Plc 1200 shall not exceed the following amounts, and in no event shall exceed $2,000 per violation:

(1) When no violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director’s notice to the respondent, the fine assessed shall not exceed $100 per day or $500 per violation, whichever is greater;

(2) When a single violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director’s notice to the respondent, the fine assessed shall not exceed $200 per day or $1,500 per violation, whichever is greater;

(3) When more than one violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director’s notice to the respondent, the fine assessed shall not exceed $200 per day or $2,000 per offense whichever is greater; and

(4) In the case of repeated violations, a separate fine shall be assessed for each occurrence of the violation, but the total amount of the fine and the respondent’s promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the daily fines.

(e) A single course of continuing conduct shall be treated as a single violation for purposes of Plc 1208.03(d)(1), (2), and (3).

(f) Nonpayment of a fine by a licensee or respondent in contravention of an order, agreement, or promise to pay shall be:

(1) A separate ground for discipline;

(2) A basis for denying a subsequent license or renewal application; or

(3) A basis for judicial action seeking to collect the fine.

Appendix A: State Statutes Implemented

Rule

State Statute Implemented

Plc 1200 (see below for more specific statutes)

RSA 310-A:161-181

Plc 1203

RSA 310-A:163

Plc 1204

RSA 310-A:167-170

Plc 1204.12

RSA 332-G:14

Plc 1205

RSA 310-A:172; RSA 310-A:178

Plc 1206

RSA 310-A:173

Plc 1207

RSA 310-A:180

Plc 1208

RSA 310-A:174-175

Appendix B: Incorporated References

Rule

Reference Incorporated

Available at:

Plc 1207.02(a)

NCRA Code of Ethics

https://www.ncra.org/home/professionals_resources/NCRA-Code-of-Professional-Ethics

Plc 1207.02(b)

NVRA Code of Ethics

https://nvra.org/page/CodeofEthics

Appendix C: Other Statutory Provisions

310-A:174 Disciplinary Action. –

I. The executive director may undertake disciplinary proceedings:

(a) Upon his or her own initiative; or

(b) Upon written complaint of any person which charges that a person licensed by the executive director has committed misconduct under paragraph II and which specifies the grounds therefor.

II. Misconduct sufficient to support disciplinary proceedings under this section shall include:

(a) The practice of fraud or deceit in procuring or attempting to procure a license to practice under this subdivision.

(b) The practice of court reporting using a reporting method for which the person is not licensed.

(d) Any unprofessional conduct, or dishonorable conduct unworthy of, and affecting the practice of, the profession.

(e) Unfitness or incompetency by reason of negligent habits or other causes.

(f) Addiction to the use of alcohol or other habit-forming drugs to a degree which renders him or her unfit to practice under this subdivision.

(g) Mental or physical incompetency to practice under this subdivision.

(h) Willful or repeated violation of the provisions of this subdivision.

(i) Suspension or revocation of a license, similar to one issued under this subdivision, in another jurisdiction and not reinstated.

III. The executive director may take disciplinary action in any one or more of the following ways:

(a) By reprimand.

(b) By suspension, limitation, or restriction of license for a period of up to 5 years.

(d) By requiring the person to participate in a program of continuing education in the area or areas in which he or she has been found deficient.

(e) By assessing administrative fines in amounts established by the executive director which shall not exceed $2,000 per offense, or, in the case of continuing offenses, $200 for each day up to a total not exceeding $2,000.

310-A:177 Surety Bond Required. – There shall be filed with each original application for licensure a bond in the form of a surety, by a reputable company engaged in the bonding business, authorized to do business in the state, for the penal sum of $1,000 with one or more sureties, to be approved by the attorney general and conditioned that the applicant conform to and not violate any of the duties, terms, conditions, provisions, or requirements of this subdivision. If any person shall be aggrieved by the misconduct of any such licensee, such person may maintain an action in his or her own name upon the bond of said licensee in any court having jurisdiction of the amount claimed. All such claims shall be assignable, and the assignee shall be entitled to the same upon the bond of such licensee or otherwise, as the person aggrieved would have been entitled to if such claim had not been assigned. Any claim or claims so assigned may be enforced in the name of such assignee. Any remedies given by this subdivision shall not be exclusive of any other remedy which would otherwise exist.

310-A:180 Code of Ethics. – The executive director shall adopt the National Court Reporters Association Code of Ethics as the New Hampshire advisory board of court reporters code of ethics, including all provisions relating to giving, directly or indirectly, any gift, incentive, reward or anything of value to attorneys, clients, witnesses, insurance companies, or any other persons or entities associated with the litigation or to the representatives or agents of any of the foregoing except for:

I. Items that do not exceed $100 in the aggregate per recipient each year; or

II. Pro bono services as defined by the New Hampshire Bar Association.

Appendix D: Plc 307.04 as effective May 1, 2023

History

(See Revision Note at chapter heading for Plc 1200) #13704, eff 8-1-23
2007, 300:1, eff. July 1, 2007. 2022, 64:6, eff. July 19, 2022.
2007, 300:1, eff. July 1, 2007.
2007, 300:1, eff. July 1, 2007. 2022, 64:5, eff. July 19, 2022.

N.H. Code Admin. R. Ann. Plc 307.04 Obligations of Persons Subject to These Rules {#sec-plc-307.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.04}

(a) Each person subject to these rules shall comply with all applicable law.

(d) Each person subject to these rules shall provide honest and accurate information in reports prepared as part of practicing the profession in which the person is authorized to practice.

(e) Each person subject to these rules shall report evidence of professional misconduct on the part of another licensee when that conduct poses a potential threat to life, health, or safety.

(f) Each person subject to these rules shall maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the professional-client or professional-patient relationship in a sexual way; and

(g) Each person subject to these rules shall be truthful in publicly representing or advertising himself or herself by avoiding the following:

(1) False, deceptive, or misleading statements;

(2) Unreasonable or exaggerated claims of success;

(3) Guarantees of success;

(4) Claims or implications of professional superiority or of training that cannot be substantiated; and

(5) Unsubstantiated claims of expertise or certification of such in any specific areas of the scope of practice set forth in applicable law.

(h) Each person subject to these rules shall interact with colleagues and clients with honesty and integrity.

(i) No person subject to these rules shall misrepresent professional qualifications or certifications.

(j) Each person subject to these rules shall treat all individuals with whom the person interacts in a professional capacity with respect and civility.

(k) No person subject to these rules shall engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity.

Chapter Plc 1300 Medical Imaging and Radiation Therapy

Part Plc 1301 Purpose and Applicability; Sending Notices and Licenses

N.H. Code Admin. R. Ann. Plc 1301.01 Purpose {#sec-plc-1301.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1301.01}

The purpose of this chapter is to implement RSA 328-J relative to regulating the practice of medical imaging and radiation therapy, to safeguard the life and health of the people of New Hampshire by establishing requirements for:

(a) Obtaining and renewing a license to practice in the professions regulated under RSA 328-J;

(b) Obtaining the reinstatement of a license to practice in the professions regulated under RSA 328-J that has lapsed, expired, or otherwise been rendered inactive or invalid; and

(c) The regulation of the practices of the professions regulated under RSA 328-J, including establishing the scope of practice and ethical and professional standards required to be met by each holder of a license.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1301.02 Applicability {#sec-plc-1301.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1301.02}

This chapter shall apply to any individual who intends to practice or who does practice in the professions regulated under RSA 328-J, subject to the exemptions listed in RSA 328-J:25, reprinted in Appendix E.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1301.03 Notifications; Issuance of Licenses {#sec-plc-1301.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1301.03}

(a) All notifications sent to applicants and licensees and all licenses issued pursuant to this chapter shall be sent to the applicant’s or licensee’s designated email address.

(b) All notifications and licenses sent to a designated email address for which the office of professional licensure and certification (OPLC) does not receive any indication that the email was not delivered shall be deemed to have been received by the individual who designated the email address.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1302 Definitions

N.H. Code Admin. R. Ann. Plc 1302.01 Advisory board {#sec-plc-1302.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.01}

“Advisory board” means the advisory board of medical imaging and radiation therapy established pursuant to RSA 328-J:3.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.02 Approved equivalency test {#sec-plc-1302.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.02}

“Approved equivalency test” means any test that led or leads to the receipt of a high school equivalency certificate.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.03 Cardiac electrophysiology specialist {#sec-plc-1302.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.03}

“Cardiac electrophysiology specialist” means “cardiac electrophysiology specialist” as defined in RSA 328-J:1, I-a, namely “the individual who assists a physician with diagnosing and treating the electrical activities of the heart, including procedures involving invasive (intracardiac) catheter recording of spontaneous activity as well as of cardiac responses to programmed electrical stimulation (PES).”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.04 Cardiovascular invasive specialist {#sec-plc-1302.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.04}

“Cardiovascular invasive specialist” means “cardiovascular invasive specialist” as defined in RSA 328-J:1, I-b, namely “the individual who assists a physician with cardiac catheterization procedures which can determine if a blockage exists in the blood vessels that supply the heart muscle and can help diagnose and treat other problems.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.05 Credentialing organization {#sec-plc-1302.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.05}

“Credentialing organization” means the organization with or by which an applicant or licensee is required by RSA 328-J:11 to be registered and certified, as reflected in Plc 1304.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.06 Computed tomography {#sec-plc-1302.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.06}

“Computed tomography” means “computed tomography” as defined in RSA 328-J:1, III, namely “the process of producing sectional and three-dimensional images using external ionizing radiation.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.07 Continuing competence {#sec-plc-1302.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.07}

“Continuing competence” means the reinforcement and enhancement of professional skills and knowledge through participation in structured courses and professional activities and experiences that are beyond entry-level preparation for professional licensing.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.08 Cooperate {#sec-plc-1302.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.08}

“Cooperate” means to provide information requested by an investigator during an investigation and to answer any questions posed by the investigator in order to enable the executive director to determine compliance with RSA 328-J and Plc 1300.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.09 Criminal records check {#sec-plc-1302.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.09}

“Criminal records check” means the process undertaken by the NH department of safety (NHDOS) that requires live scanned prints taken digitally and submitted electronically to the NH criminal records unit and the FBI. The term includes “criminal history record check” but does not include an “online NH criminal conviction check”.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.10 Designated email address {#sec-plc-1302.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.10}

“Designated email address” means an email address provided by an applicant or licensee as the address for the OPLC to use when sending notifications and licenses.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.11 Executive director {#sec-plc-1302.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.11}

“Executive director” means the executive director of the OPLC or designee.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.12 Fluoroscopy {#sec-plc-1302.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.12}

“Fluoroscopy” means “fluoroscopy” as defined in RSA 328-J:1, IV, namely “the exposure of a patient to ionizing radiation in a fluoroscopy mode, including the positions of the patient, positioning of the fluoroscopy equipment, and the selection of exposure factors.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.13 License {#sec-plc-1302.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.13}

“License” means “license” as defined in RSA 541-A:1, VIII, namely “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.” For purposes of this chapter, the term includes any similar form of approval to practice a regulated medical imaging and radiation therapy (MIRT) profession in any jurisdiction.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.14 Licensed practitioner {#sec-plc-1302.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.14}

“Licensed practitioner” means “licensed practitioner” as defined in RSA 328-J:1, V, namely “a person licensed to practice medicine, dentistry, chiropractic, podiatry, or osteopathy in New Hampshire.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.15 Licensing bureau {#sec-plc-1302.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.15}

“Licensing bureau” means the organizational unit within the OPLC’s division of licensing and board administration that is responsible for accepting and processing applications.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.16 Limited x-ray machine operator {#sec-plc-1304.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.16}

“Limited x-ray machine operator” means “limited x-ray machine operator” as defined in RSA 328-J:1, VI, namely “a person who is licensed under this chapter to perform, under the supervision of a licensed practitioner, limited diagnostic radiography procedures of specific parts of human anatomy or bone density measurements using equipment that emits external ionizing radiation.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.17 Live programming {#sec-plc-1302.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.17}

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.18 Magnetic resonance technologist {#sec-plc-1302.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.18}

“Magnetic resonance technologist” means “magnetic resonance technologist” as defined in RSA 328-J:1, VII, namely “a person who is licensed under this chapter to perform magnetic resonance procedures using magnetic fields and radio frequency signals.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.19 Medical imaging {#sec-plc-1302.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.19}

“Medical imaging” means “medical imaging” as defined in RSA 328-J:1, VIII, namely “any procedure intended for use in the diagnosis or visualization of disease or other medical conditions in human beings, including, but not limited to the following modalities, radiography, nuclear medicine, fluoroscopy, magnetic resonance, and other procedures using ionizing radiation, magnetic resonance, or ultrasound.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.20 Medical imaging professional {#sec-plc-1302.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.20}

“Medical imaging professional” means “medical imaging professional” as defined in RSA 328-J:1, IX, namely “any person who is a magnetic resonance technologist, nuclear medicine technologist, radiographer, radiologist assistant, or sonographer licensed under this chapter.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.21 Military spouse {#sec-plc-1302.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.21}

“Military spouse” means an individual who is legally married to an individual who is on active military duty.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.22 Nuclear medicine technologist {#sec-plc-1302.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.22}

“Nuclear medicine technologist” means “nuclear medicine technologist” as defined in RSA 328-J:1, X, namely “a person who is licensed under this chapter to perform a variety of nuclear medicine and molecular imaging procedures using sealed and unsealed radiation sources, ionizing and nonionizing radiation, and adjunctive medicine and therapeutic procedures using unsealed radioactive sources.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.23 On active military duty {#sec-plc-1302.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.23}

“On active military duty” means on active duty in the U.S. armed forces. The term includes “active military”.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.24 Personal contact information {#sec-plc-1302.24 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.24}

“Personal contact information” means an individual’s home or other personal telephone number, home address, home mailing address if different, and designated email address.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.25 Plan of correction {#sec-plc-1302.25 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.25}

“Plan of correction” means a list of specific actions to be taken with a deadline for taking each action, to reflect how a licensee will correct a violation of, and come into compliance with, Plc 1300 and RSA 328-J.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.26 Radiation therapist {#sec-plc-1302.26 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.26}

“Radiation therapist” means “radiation therapist” as defined in RSA 328-J:1, XI, namely “a person who is licensed under this chapter to administer ionizing radiation to human beings for therapeutic purposes.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.27 Radiographer {#sec-plc-1302.27 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.27}

“Radiographer” means “radiographer” as defined in RSA 328-J:1, XII, namely “a person who is licensed under this chapter to perform a comprehensive set of diagnostic radiographic procedures using external ionizing radiation to produce radiographic, fluoroscopic, or digital images.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.28 Radiologist {#sec-plc-1302.28 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.28}

“Radiologist” means “radiologist” as defined in RSA 328-J:1, XIII, namely “a physician certified by or board-eligible to be certified for the American Board of Radiology, the American Osteopathic Board of Radiology, the British Royal College of Radiology, or the Canadian College of Physicians and Surgeons in that medical specialty.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.29 Radiologist assistant {#sec-plc-1302.29 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.29}

“Radiologist assistant” means “radiologist assistant” as defined in RSA 328-J:1, XIV, namely “a radiographer who has met additional qualifications and who is licensed under this chapter to perform a variety of activities under the supervision of a radiologist in the areas of patient care, patient management, radiologic imaging, or interventional procedures guided by radiologic imaging.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.30 Regulated MIRT professions {#sec-plc-1302.30 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.30}

“Regulated MIRT professions” means the medical imaging and radiation therapy professions regulated under RSA 328-J, including limited x-ray machine operators.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.31 Self-directed education {#sec-plc-1302.31 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.31}

“Self-directed education” means participation in electronic continuing professional education courses that are self-study courses or self-paced clinical courses, which require the participant to pass an examination to obtain confirmation of participation.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.32 Sonographer {#sec-plc-1302.32 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.32}

“Sonographer” means “sonographer” as defined in RSA 328-J:1, XV, namely “a person who is licensed under this chapter to perform a comprehensive set of diagnostic sonography procedures using ultrasound to create medical images.”

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1302.33 Working day {#sec-plc-1302.33 omnilex-key=us-nh-regs-official--agency-plc--Plc 1302.33}

“Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of holidays.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1303 Advisory Board

N.H. Code Admin. R. Ann. Plc 1303.01 Advisory {#sec-plc-1303.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1303.01}

Board Members Appointment and Qualifications.

(a) Pursuant to RSA 328-J:3, the executive director shall establish an advisory board of medical imaging and radiation therapy consisting of 3 members who are licensed and in good standing in New Hampshire as a medical imaging professional.

(b) As required by RSA 328-J:3:

(1) The executive director also shall appoint one alternate board member who has the same qualifications set forth for advisory board members;

(2) Each member shall be appointed to a term of 3 years; and

(3) No member shall serve more than 2 consecutive full terms.

(1) Have been a licensed medical imaging professional for at least 3 years preceding the appointment;

(2) Be currently licensed in New Hampshire when appointed and for the duration of the term; and

(3) Have actively practiced in New Hampshire for at least one year immediately preceding appointment to the advisory board.

(d) The executive director shall appoint members who are licensed in different regulated MIRT professions to the extent such professionals are willing and able to serve on the advisory board.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1303.02 Meetings and Records of Advisory Board {#sec-plc-1303.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1303.02}

(a) The advisory board shall meet at the call of the executive director.

(d) Records of the advisory board shall be maintained by the OPLC as required by RSA 91-A.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1303.03 Responsibilities of Advisory Board {#sec-plc-1303.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1303.03}

(a) As provided in RSA 328-J:3, the advisory board shall advise the executive director regarding the implementation of RSA 328-J, including in particular by reviewing and commenting on proposed rules and proposed revisions to rules intended to implement RSA 328-J.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1303.04 Records of Predecessor Board {#sec-plc-1303.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1303.04}

The records of the board of medical imaging and radiation therapy that existed prior to July 26, 2022, the effective date of Laws of 2022, ch. 104, shall be:

(b) Available for public review as provided in Plc 100.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1304 Statutory Qualifications for Licensure

N.H. Code Admin. R. Ann. Plc 1304.01 Qualifications for Limited X-Ray Machine Operator {#sec-plc-1304.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.01}

(a) As required by RSA 328-J:11, I(a) and (b), to qualify for licensure as a limited x-ray machine operator, an applicant shall:

(1) Be at least 18 years of age; and

(2) Have obtained a high school diploma or have passed an approved equivalency test.

(b) The course of study in limited x-ray machine operation required by RSA 328-J:11, I(c) shall be any course that qualifies an individual to take one of the examinations listed in (c), below.

(c) The examination in limited x-ray machine operation required by RSA 328-J:11, I(d) shall be any of the following examinations:

(1) The American Registry of Radiologic Technologist limited x-ray machine operator examination for limited bone density, chest, extremities, podiatric, skull/sinus, and podiatric radiography;

(2) The American Chiropractic Registry of Radiologic Technologists examination in spine radiography;

(3) The American Society of Podiatric Medical Assistants examination in podiatric radiography; or

(4) The International Society for Clinical Densitometry examination in clinical bone densitometry technology.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.02 Qualifications for Magnetic Resonance Technologist {#sec-plc-1304.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.02}

(a) As required by RSA 328-J:11, II(a) and (b), to qualify for a license as a magnetic resonance technologist, an applicant shall:

(1) Be at least 18 years of age; and

(2) Have obtained a high school diploma or have passed an approved equivalency test.

(b) The course of study in radiography and additional educational requirements in magnetic resonance technology required by RSA 328-J:11, II(c) shall be a course of study in radiography approved, recognized as accredited, or required for certification by:

(1) The American Registry of Magnetic Resonance Imaging Technologists; or

(2) The American Registry of Radiologic Technologists.

(1) The American Registry of Radiologic Technologists; or

(2) The American Registry of Magnetic Resonance Imaging Technologists.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.03 Qualifications for Nuclear Medicine Technologist {#sec-plc-1304.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.03}

(a) As required by RSA 328-J:11, III(a) and (b), to qualify for a license as a nuclear medicine technologist, an applicant shall:

(1) Be at least 18 years of age; and

(2) Have obtained a high school diploma or have passed an approved equivalency test.

(b) The course of study in nuclear medicine technology required by RSA 328-J:11, III(c) shall be a course of study in nuclear medicine technology that is approved, accredited, or required for certification by:

(1) The Joint Review Committee on Educational Programs in Nuclear Medicine Technology;

(2) The Canadian Association of Medical Radiation Technologists; or

(3) The Australian and New Zealand Society of Nuclear Medicine.

(c) As required by RSA 328-J:11, III(d), the applicant shall possess current certification and registration in nuclear medicine technology from:

(1) The American Registry of Radiologic Technologists; or

(2) The Nuclear Medicine Technology Certification Board.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.04 Qualifications for Radiation Therapist {#sec-plc-1304.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.04}

(a) As required by RSA 328-J:11, IV(a) and (b), to qualify for a license as a radiation therapist, an applicant shall:

(1) Be at least 18 years of age; and

(2) Have obtained a high school diploma or have passed an approved equivalency test.

(b) The course of study in radiation therapy required by RSA 328-J:11, IV(c) shall be a course of study that is approved, recognized as accredited, or required for certification in radiation therapy by the American Registry of Radiologic Technologists.

(c) As required by RSA 328-J:11, IV(d), the applicant shall possess current certification and registration in radiation therapy from the American Registry of Radiologic Technologists.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.05 Qualifications for Radiographer {#sec-plc-1304.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.05}

(a) As required by RSA 328-J:11, V(a) and (b), to qualify for a license as a radiographer, an applicant shall:

(1) Be at least 18 years of age; and

(2) Have obtained a high school diploma or have passed an approved equivalency test.

(b) The course of study in radiography required by RSA 328-J:11, V(c) shall be a course of study that is approved, recognized as accredited, or required for certification in radiography by the American Registry of Radiologic Technologists.

(c) As required by RSA 328-J:11, V(d), the applicant shall possess current certification and registration in radiography from the American Registry of Radiologic Technologists.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.06 Qualifications for Radiologist Assistant {#sec-plc-1304.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.06}

As required by RSA 328-J:11, VI, to qualify for a license as a radiologist assistant, an applicant shall:

(a) Possess a radiographer license and current certification and registration in radiography from the American Registry of Radiologic Technologists;

(b) Possess current certification and registration as a radiologist assistant or radiology practitioner assistant from:

(1) The American Registry of Radiologic Technologists; or

(2) The Certification Board of Radiology Physician Assistants; and

(1) The procedures that are or will be performed by the radiologist assistant;

(2) The level of radiologist supervision; and

(3) The location(s) of practice designated by the supervising radiologist.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.07 Qualifications for Sonographer {#sec-plc-1304.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.07}

(a) As required by RSA 328-J:11, VII(a) and (b), to qualify for a license as a sonographer, an applicant shall:

(1) Be at least 18 years of age; and

(2) Have obtained a high school diploma or have passed an approved equivalency test.

(b) The course of study in sonography required by RSA 328-J:11, VII(c) shall be a course of study that is approved, recognized as accredited, or required for certification in sonography by:

(1) The American Registry of Radiologic Technologists;

(2) The American Registry for Diagnostic Medical Sonography; or

(3) Cardiovascular Credentialing International.

(c) As required by RSA 328-J:11, VII(d), the applicant shall possess current certification and registration in sonography from:

(1) The American Registry of Radiologic Technologists;

(2) The American Registry for Diagnostic Medical Sonography; or

(3) Cardiovascular Credentialing International.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.08 Qualifications for Cardiac Electrophysiology Specialist {#sec-plc-1304.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.08}

(a) As required by RSA 328-J:11, VIII(a) and (b), to qualify for a license as a cardiac electrophysiology specialist, an applicant shall:

(1) Be at least 18 years of age; and

(2) Have obtained a high school diploma or have passed an approved equivalency test.

(b) The course of study in cardiac electrophysiology required by RSA 328-J:11, VIII(c) shall be a course of study that is approved, recognized as accredited, or required for certification as a registered cardiac electrophysiology specialist (RCES) by Cardiovascular Credentialing International.

(c) As required by RSA 328-J:11, VIII(d), the applicant shall possess current certification in cardiac electrophysiology from Cardiovascular Credentialing International.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.09 Qualifications for {#sec-plc-1304.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.09}

Cardiovascular Invasive Specialist.

(a) As required by RSA 328-J:11, IX(a) and (b), to qualify for a license as a cardiovascular invasive specialist, an applicant shall:

(1) Be at least 18 years of age; and

(2) Have obtained a high school diploma or have passed an approved equivalency test.

(b) The course of study in cardiovascular invasive procedures required by RSA 328-J:11, IX(c) shall be a course of study that is approved, recognized as accredited, or required for certification as a registered cardiovascular invasive specialist (RCIS) by Cardiovascular Credentialing International.

(c) As required by RSA 328-J:11, IX(d), the applicant shall possess current certification in cardiovascular invasive procedures from Cardiovascular Credentialing International.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.10 Qualifications for a License in Computed Tomography {#sec-plc-1304.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.10}

(a) As required by RSA 328-J:11, X(a) and (b), to qualify for a license in computed tomography, an applicant shall:

(1) Be at least 18 years of age; and

(2) Have obtained a high school diploma or have passed an approved equivalency test.

(b) The course of study in computed tomography required by RSA 328-J:11, X(c) shall be a course of study that is approved, recognized as accredited, or required for certification in computed tomography by:

(1) The American Registry of Radiologic Technologists; or

(2) The Nuclear Medicine Technology Certification Board.

(c) As required by RSA 328-J:11, X(d), the applicant shall possess current certification and registration in computed tomography from:

(1) The American Registry of Radiologic Technologists; or

(2) The Nuclear Medicine Technology Certification Board.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1304.11 Additional Qualification for All Applicants {#sec-plc-1304.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1304.11}

(a) Pursuant to RSA 328-J:7, VII, each applicant for licensure under RSA 328-J shall satisfy the executive director that the applicant will faithfully and conscientiously avoid professional misconduct and otherwise adhere to the requirements of this chapter.

(b) To meet the requirements of (a), above, each applicant shall provide evidence of good professional character and reliability by:

(1) Answering the background and character questions on the application as required by Plc 304.03(e); and

(2) Arranging for a criminal records check or confirmation of military security clearance to be sent to the licensing bureau as required by Plc 1305.01(c) or (d), as applicable.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1305 Initial Licensure

N.H. Code Admin. R. Ann. Plc 1305.01 Applying for Initial Licensure {#sec-plc-1305.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1305.01}

(a) Any individual who meets the applicable qualifications in Plc 1304 and wishes to become licensed in New Hampshire to practice one of the regulated MIRT professions shall submit an application for licensure in accordance with this section.

(b) Each applicant for initial licensure shall submit to the licensing bureau:

(1) A “Universal Application for Initial License” dated March 2023, as tailored for MIRT licenses, that contains the information specified in Plc 304.03 and Plc 1305.02 and the signature and attestation specified in Plc 304.05;

(2) The documentation identified in Plc 304.04 and Plc 1305.03; and

(3) The application processing and licensing fee specified in Plc 1002.

(c) Subject to (d), below, each applicant shall also complete the process established by the NHDOS for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and directing that the results be sent to the OPLC.

(d) Pursuant to RSA 328-J:7-a, IV, an applicant who is actively serving in any component of the U.S. Department of Defense who has a current military security clearance may arrange for confirmation of the security clearance to be sent to the licensing bureau in lieu of obtaining a criminal records check.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1305.02 Information Required for Initial License Application {#sec-plc-1305.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1305.02}

In addition to the information required by Plc 304.03, the applicant for an initial license to practice a regulated MIRT profession shall provide the following information:

(a) The specific regulated MIRT profession in which the applicant is seeking licensure;

(b) Information about the applicant’s education, as follows:

(1) Whether the applicant graduated from high school or obtained an equivalent; and

(2) For each educational institution attended by the applicant for courses related to the regulated MIRT profession in which the applicant is applying to be licensed, the following:

a. The name, address, and URL of the institution;

b. The dates attended; and

c. The date on which the applicant graduated or otherwise completed the courses; and

(c) Identification of the applicant’s credentialing organization or, for applicants for a limited x-ray machine operator license, the credentialing organization that administered the examination taken by the applicant.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1305.03 Information and Documentation Required for Initial License Application {#sec-plc-1305.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1305.03}

In addition to the information and documentation required by Plc 304.04, the applicant shall provide the following with an application for initial licensure, as applicable:

(a) A chronologically-organized list of the applicant’s paid and voluntary work experience in the applicant’s regulated MIRT profession for the prior 5 years that includes, for each separate experience, the organization for which the applicant worked or volunteered, the position held, the beginning and end dates, and the city and state in which the position was located, provided that the list may be a résumé;

(b) If the applicant is applying for licensure as other than a radiologist assistant, the following:

(1) Proof of being at least 18 years of age, such as a copy of an official government identification card or driver’s license showing a date of birth or a copy of the applicant’s birth certificate; and

(2) A copy of the applicant’s high school diploma or equivalency certificate;

(1) A copy of a certificate of course completion from the educational institution identified pursuant to Plc 1305.02(b)(2); and

(2) Evidence that the applicant passed the examination required by RSA 328-J:11, I(d), in the form of:

a. A notification sent to the applicant by mail or electronically by the credentialing organization; or

b. The URL of a web site that confirms the applicant passed the examination; and

(d) For other than applicants for a limited x-ray machine operator license, proof of the applicant’s current certification required by the applicable provision of RSA 328-J:11, as reflected in the applicable section in Plc 1304.02 through Plc 1304.10, in the form of a photocopy of the certification card or certificate or a link to the certifying organization’s website that shows the applicant is certified.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1305.04 Initial Review of Applications for Initial Licensure; Abandonment {#sec-plc-1305.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1305.04}

(a) Within 30 days of receipt of an application submitted pursuant to Plc 1305.01, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h).

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1305.05 Withdrawal of Application for Initial Licensure {#sec-plc-1305.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1305.05}

(a) An applicant may withdraw the applicant’s application for initial licensure at any time prior to being notified of a decision under Plc 1305.06 by proceeding in accordance with Plc 304.07.

(b) If the application is withdrawn, the application processing and licensing fee shall not be refunded.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1305.06 Review of Complete Applications for Initial Licensure; Decisions {#sec-plc-1305.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1305.06}

(a) After determining that an application is complete, the licensing bureau shall review the application to determine whether the applicant meets all criteria for licensure.

(b) The licensing bureau shall issue a license to any applicant who:

(1) Meets the statutory qualifications referenced in the applicable provisions of Plc 1304.01 through Plc 1304.10;

(2) Has demonstrated good character as specified in Plc 1304.11; and

(3) Has submitted an application that meets all requirements of Plc 1305.01.

(c) The licensing bureau shall notify the applicant of the decision on the application in writing sent to the applicant’s designated email address.

(d) If the licensing bureau determines that the applicant has not demonstrated that all requirements to obtain a license are met, then:

(1) The licensing bureau shall deny the application; and

(2) The notice sent pursuant to (c), above, shall inform the applicant that the decision will become final in 30 days unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied, the application processing and licensing fee shall not be refunded.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1305.07 Challenging a Denial of Initial Licensure {#sec-plc-1305.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1305.07}

An applicant who wishes to challenge the denial of an application for initial licensure shall do so as provided in Plc 304.10.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1305.08 Initial Licenses: Issuance and Duration {#sec-plc-1305.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1305.08}

(a) Each initial license issued under this chapter shall specify:

(1) The name of the licensee;

(2) The effective date of the license;

(3) The license number; and

(4) The regulated MIRT profession in which the licensee is licensed.

(b) An initial license shall:

(1) Expire 2 years from the date on which the license was issued unless a timely and complete renewal application is filed or the license is sooner suspended or revoked in accordance with Plc 1311; and

(2) Be subject to renewal.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1305.09 Facilitated Licensing for {#sec-plc-1305.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1305.09}

Active Duty Military and Military Spouses.

(a) Each applicant for licensure who is on active military duty or who is a military spouse shall apply for licensure as provided in Plc 1305.01, except that no fee shall be required.

(b) Each applicant who applies for facilitated licensing under this section shall be eligible to obtain a facilitated license if the applicant:

(1) Meets the qualifications for licensure specified in the applicable provisions of RSA 328-J:11, as summarized in Plc 1304; or

(2) Is licensed or registered in another jurisdiction, provided that the other jurisdiction’s licensure or registration requirements are substantially equivalent to or more stringent than New Hampshire’s requirements as described in Plc 1304.

(c) Any individual who obtains a facilitated license under this section shall comply with all license renewal requirements specified in Plc 1309 if the individual wishes to continue to work in a regulated MIRT profession in New Hampshire after the term of the initial license.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1306 Temporary Licenses

N.H. Code Admin. R. Ann. Plc 1306.01 Availability of Temporary License {#sec-plc-1306.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1306.01}

A temporary license shall be available pursuant to RSA 328-J:13 to any individual who:

(a) If applying for a limited x-ray machine operator license, has:

(1) Completed the course of study required by RSA 328-J:11, I(c), as reflected in Plc 1304.01(b); and

(2) Has taken an examination required by RSA 328-J:11, I(d), as reflected in Plc 1304.01(c); or

(b) If applying for other than a limited x-ray machine operator license, has completed the process of applying for the certification and registration required by the applicable paragraph in RSA 328-J:11, II-X, as reflected in Plc 1304.02 through Plc 1304.10, but has not yet received certification and registration.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1306.02 Applying for a Temporary License {#sec-plc-1306.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1306.02}

To apply for a temporary license under RSA 328-J:13, the applicant shall proceed in accordance with Plc 305 or Plc 306, as applicable.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1306.03 Obligations of Temporary Licensees {#sec-plc-1306.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1306.03}

The holder of a temporary license shall:

(a) Comply with Plc 1308.03 relative to required notifications and Plc 1308.05 relative to posting of licenses; and

(b) Be subject to the ethical and professional standards identified in Plc 1310 and the disciplinary procedures and sanctions identified in Plc 1311.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1307 Scope of Practice

N.H. Code Admin. R. Ann. Plc 1307.01 Limitations on Practice for All Licensees {#sec-plc-1307.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.01}

Pursuant to RSA 328-J:12, no licensee shall use radioactive substances or equipment emitting ionizing radiation, magnetic resonance, or ultrasound for medical imaging or radiation therapy procedures on humans for diagnostic or therapeutic purposes unless the licensee does so:

(a) With the prescription of an individual authorized to prescribe medical imaging or radiation therapy procedures;

(b) Under the supervision of a licensed practitioner; and

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.02 Scope of Practice for Licensed Limited X-Ray Machine Operators {#sec-plc-1307.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.02}

As provided in RSA 328-J:12, III:

(a) Limited x-ray machine operators shall perform tasks only if the tasks are:

(1) Within the scope of the license issued to them under RSA 328-J; and

(2) Performed under the direct supervision of a licensed practitioner or licensed radiographer for a particular area of the human anatomy; and

(b) Limited x-ray machine operators shall not perform:

(1) Computed tomography;

(2) Fluoroscopy;

(3) Magnetic resonance imaging;

(4) Mammography;

(5) Radiation therapy;

(6) Sonography;

(7) Mobile imaging procedures; or

(8) Imaging procedures using contrast media.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.03 Scope of Practice for Licensed Magnetic Resonance Technologists {#sec-plc-1307.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.03}

The scope of practice for magnetic resonance technologists shall be as follows:

(a) If certified by the American Registry of Radiologic Technologists (ARRT), the “Magnetic Resonance Practice Standards” adopted by the American Society of Radiologic Technologists (ASRT), effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation Therapy” and as noted in Appendix B; or

(b) If certified by the American Registry of Magnetic Resonance Imaging Technologists (ARMRIT), the scope of practice outlined by the United States department of labor research contractor O*NET Online under the heading “Tasks”, available at https://www.onetonline.org/link/summary/29-2035.00 and as reprinted in Appendix C on October 11, 2022.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.04 Scope of Practice for Licensed Nuclear Medicine Technologists {#sec-plc-1307.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.04}

The scope of practice for nuclear medicine technologists shall be:

(a) If certified by the ARRT, the “Nuclear Medicine Practice Standards” adopted by the ASRT, effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation Therapy” and as noted in Appendix B; or

(b) If certified by the Nuclear Medicine Technology Certification Board (NMTCB), the “Nuclear Medicine Technologist Scope of Practice and Performance Standards”, 2nd Edition, approved June 9, 2022 by the Society of Nuclear Medicine and Molecular Imaging Technologist Section, available at http://www.snmmi.org/ClinicalPractice/content.aspx?ItemNumber=5532 and as noted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.05 Scope of Practice for Licensed Radiation Therapists {#sec-plc-1307.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.05}

The scope of practice for radiation therapists shall be the ASRT’s “Radiation Therapy Practice Standards”, effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation Therapy” and as noted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.06 Scope of Practice for Licensed Radiographers {#sec-plc-1307.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.06}

The scope of practice for radiographers certified by the ARRT shall be the ASRT’s “Radiography Practice Standards”, effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards and as noted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.07 Scope of Practice for Licensed Radiologist Assistants {#sec-plc-1307.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.07}

(a) As required by RSA 328-J:11, VI(c), the scope of practice for licensed radiologist assistants shall be the most recent version of the Radiologist Assistant Practice Standards published by the ASRT, available at www.asrt.org/main/standards-regulations/practice-standards by clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation Therapy” and as noted in Appendix B.

(b) As provided in RSA 328-J:12, IV, a licensed radiologist assistant shall not interpret images, make diagnoses, or prescribe medications or therapies.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.08 Scope of Practice for Licensed Sonographers {#sec-plc-1307.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.08}

The scope of practice for licensed sonographers shall be as follows:

(a) If certified by the American Registry for Diagnostic Medical Sonography, the Society of Diagnostic Medical Sonography’s (SDMS) “Scope of Practice and Clinical Standards for the Diagnostic Medical Sonographer” dated April 13, 2015, published by the Society of Diagnostic Medical Sonography, available at http://www.sdms.org/about/who-we-are/scope-of-practice and as noted in Appendix B;

(b) If certified by the ARRT, the ASRT’s “Sonography Practice Standards”, effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation Therapy” and as noted in Appendix B; or

(c) If certified by Cardiovascular Credentialing International (CCI), the scope of practice described in “Scope of Practice and Clinical Standards for the Diagnostic Medical Sonographer,” effective April 13, 2015, published by the Society of Diagnostic Medical Sonography, available at http://www.sdms.org/about/who-we-are/scope-of-practice and as noted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.09 Scope of Practice for Licensed Cardiac Electrophysiology Specialist {#sec-plc-1307.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.09}

(a) The scope of practice for licensees certified by CCI as an RCES shall be the “Scope of Practice for the Registered Cardiovascular Electrophysiology Specialist (RCES)” dated 2017, available online at https://www.acp-online.org/advocacy/scopes-of-practice/.

(b) Within the scope identified in (a), above, the term “direct supervision” means having a physician in the room where the procedure is taking place.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.10 Scope of Practice for Licensed Cardiovascular Invasive Specialist {#sec-plc-1307.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.10}

(a) The scope of practice for licensees certified by CCI as an RCIS, shall be the “Scope of Practice for the Registered Cardiovascular Invasive Specialist (RCIS)” dated 2018, available online at https://www.acp-online.org/advocacy/scopes-of-practice/ and as noted in Appendix B.

(b) Within the scope identified in (a), above, the term “direct supervision” means having a licensed physician in the room where the procedure is taking place.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1307.11 Scope of Practice for Licensees in Computed Tomography {#sec-plc-1307.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1307.11}

The scope of practice for licensees in computed tomography shall be the ASRT’s “Magnetic Resonance Practice Standards”, effective June 26, 20227, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation Therapy” and as noted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1308 Licensee Obligations; Continuing Education

N.H. Code Admin. R. Ann. Plc 1308.01 Purpose and Applicability; Definition {#sec-plc-1308.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.01}

(a) The purpose of this part is to identify requirements relating to certification and registration, notifications, license renewal, and maintenance of continuing competence with which every individual licensed under RSA 328-J and Plc 1300 shall comply.

(b) This part shall apply to every individual licensed under RSA 328-J and Plc 1300.

(c) For purposes of this part, “accredited institution” means a college, university, or other educational institution that:

(1) Offers instruction above the high school level; and

(2) Is accredited by an accrediting agency that is recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education or training or higher education program(s) it accredits, as reflected at https://www2.ed.gov/admins/finaid/accred/accreditation_pg3.html#RegionalInstitutional.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.02 Licensee Obligation to Maintain Certification and Registration; Continuing Education {#sec-plc-1308.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.02}

(a) Except for limited x-ray machine operator licensees, each licensee shall maintain the applicable certification and registration specified in Plc 1304.02 through Plc 1304.10 at all times, including completing all continuing education requirements for maintaining the certification and registration.

(b) Limited x-ray machine operator licensees who intend to renew their licenses shall maintain continuing competence by completing 24 hours of continuing education or other professional activities as described in Plc 1308.06, in each 2-year renewal cycle.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.03 Licensee Obligations to Notify {#sec-plc-1308.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.03}

(a) Each licensee shall:

(1) Notify the licensing bureau within 30 days of a change in name, home address, or business address; and

(2) Update the OPLC’s records within 10 working days of a change of personal telephone number or designated email address.

(b) As required by RSA 328-J:17, a licensee shall submit written notification to the licensing bureau within 30 days of any legal or disciplinary action, other than minor traffic infractions or proceedings, that are initiated:

(1) Against the licensee, for acts or conduct substantially the same as acts or conduct that would constitute grounds for suspension, denial, modification, limitation, revocation, or refusal to renew a license; and

(2) By any of the following:

a. Any other licensing jurisdiction whether United States or foreign;

b. Any health care institution;

c. Any professional society or association;

d. Any certification organization or any credentialing organization;

e. Any government agency, including but not limited to any law enforcement agency; or

f. Any court.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.04 Licensee Responsibilities for Renewal {#sec-plc-1308.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.04}

Each licensee shall:

(a) Know when the license is due to expire; and

(b) File an application for renewal prior to the expiration of the current license in accordance with Plc 1309.03 if the individual wishes to continue to practice in New Hampshire.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.05 Posting of License Required {#sec-plc-1308.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.05}

(a) As required by RSA 328-J:13, IV, any person issued a license under this chapter shall display the official license document or a verified copy in each place of regular employment.

(b) Any person issued a temporary license to practice a regulated MIRT profession under Plc 305 or Plc 306 shall display a copy of the temporary license in each place of regular employment.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.06 Creditable Continuing Education and Professional Activities {#sec-plc-1308.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.06}

The following continuing education courses and professional activities shall qualify as meeting continuing competence requirements:

(a) Receipt of academic instruction in one or more of the regulated MIRT professions, as further described in Plc 1308.08;

(b) Non-academic courses, seminars, conferences, and workshops, as further described in Plc 1308.09;

(d) Publication of writing related to medical imaging or radiation therapy, as further described in Plc 1308.11;

(e) Professional presentations relating to medical imaging or radiation therapy made to other professionals or the public, as further described in Plc 1308.12;

(f) Participation in the work of professional boards or committees, as further described in Plc 1308.13;

(g) Completion of self-directed education, as further described in Plc 1308.14;

(h) Teaching an academic course in medical imaging or radiation therapy, as further described in Plc 1308.15;

(i) Receipt of infection control education, as further described in Plc 1308.16; and

(j) Radiation safety courses, as further described in Plc 1308.17.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.07 Documentation Requirements; Audits {#sec-plc-1308.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.07}

(a) Upon being notified by the OPLC that an on-line system administered by a third-party organization is available to manage continuing competence compliance, each licensee shall use the on-line system to track and report the completion of continuing competence activities.

(b) Each licensee shall retain documentation of the licensee’s participation in continuing competence for the current license period and most recent renewal period, provided that documentation may be retained in the on-line system once available.

(1) Randomly selecting 10% of licensees each year to be audited; and

(2) Notifying each selected licensee of the audit by email sent to the personal email address on record.

(d) The notice sent pursuant to (c)(2), above, shall direct the licensee to submit documentation to support the continuing competence activities claimed by the licensee for the most recent renewal period to the executive director by a specified date, which shall be no sooner than 30 days from the date of the notice.

(e) In response to the notice, a licensee selected for audit shall submit the following to the executive director no later than the date specified in the notice:

(1) The documentation required by Plc 1308.08 through Plc 1308.17, as applicable to the type of activity; or

(2) For any time period covered by the on-line system, a copy of the licensee’s on-line records, subject to (f), below.

(f) In lieu of submitting a copy of the on-line records, a licensee selected for audit may provide the executive director with access to the on-line records directly.

(g) Failure to submit documentation when directed to do so shall constitute a violation of these rules.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.08 Receipt of Academic Instruction {#sec-plc-1308.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.08}

(a) A licensee may claim credit towards the continuing competence requirement for successful completion of an academic course in one or more of the regulated MIRT professions, provided that the course work is sponsored and assigned credit by an accredited institution.

(b) The licensee may claim 5 hours towards the required total for each academic credit of course work described in (a), above.

(1) An official transcript showing successful completion of the course, the date of the course, and the credits earned; and

(2) One of the following descriptions of the course:

a. The description of the course copied from the institution’s catalog; or

b. A photocopy of the course syllabus or outline that includes a description of the course and the course competencies.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.09 Non-Academic Courses, Seminars, Conferences, and Workshops {#sec-plc-1308.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.09}

(a) A licensee may claim credit towards the continuing competence requirement for the successful completion of non-academic courses, seminars, conferences, and workshops in medical imaging or radiation therapy, provided that the program is presented as live programming as defined in Plc 1302.

(b) The licensee may claim one hour for each clock hour of attendance.

(c) Documentation of successful completion of non-academic courses, seminars, conferences, and workshops shall be an official certificate showing:

(1) The licensee’s name;

(2) The name and location of the course, seminar, conference, or workshop;

(3) The name of the provider or sponsoring entity;

(4) The beginning and ending date(s) of the program, course, seminar, conference, or workshop;

(5) The number of hours credited by the provider or sponsoring entity or the brochure showing the scheduled hours; and

(6) The signature or stamp of the speaker, the instructor, or a representative of the provider or sponsoring entity.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.10 Facility-Based In-Service Training {#sec-plc-1308.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.10}

(a) A licensee may claim credit towards the continuing competence requirement for participation in, or attendance at, a facility-based training consisting of continuing education lasting 2 hours or less.

(b) The licensee may claim one contact hour for each clock hour of participation or attendance, to a maximum of 4 hours per renewal cycle.

(c) Documentation of participation in, or attendance at, a facility-based in-service training shall be a memo from the licensee’s supervisor stating:

(1) The licensee’s name;

(2) The name of the facility;

(3) The date and duration of the in-service training;

(4) The topic of the in-service training; and

(5) The licensee’s hours of attendance, if less than the training’s duration.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

(a) A licensee may claim credit towards the continuing competence requirement for the publication of a licensee’s writing related to medical imaging or radiation therapy, including books, peer-reviewed and non-peer-reviewed chapters of books, and peer-reviewed and non-peer-reviewed articles.

(b) The licensee may claim no more than 12 contact hours per renewal cycle in accordance with the following:

(1) For a book:

a. If the licensee was the sole or primary author, 12 contact hours; and

b. If the licensee was a co-author or secondary author, 6 contact hours;

(2) For a peer-reviewed chapter of a book or a peer-reviewed article:

a. If the licensee was the sole or primary author, 6 contact hours; and

b. If the licensee was a co-author or secondary author, 3 contact hours; and

(3) For a non-peer-reviewed chapter or article:

a. If the licensee was the sole or primary author, 4 contact hours; and

b. If the licensee was a co-author or secondary author, 2 contact hours.

(1) Any item showing:

a. The title of the writing;

b. The date of publication;

c. Whether the writing was peer-reviewed; and

d. Whether the licensee was a sole or primary author of the published writing; and

(2) A photocopy of:

a. The cover or the dust jacket of the licensee’s published book; or

b. The licensee’s published chapter or article.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.12 Professional Presentations Relating to Medical Imaging or Radiation Therapy {#sec-plc-1308.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.12}

(a) A licensee may claim credit towards the continuing competence requirement for professional presentations relating to medical imaging or radiation therapy, including workshops, lectures, and in-service trainings, made to other professionals or to the public.

(b) The licensee may claim 2 hours for each clock hour of a presentation, to a maximum of 8 hours per renewal cycle, provided that if the licensee gives substantially the same presentation more than once, the licensee shall receive credit for a single presentation only.

(c) Documentation of a professional presentation relating to medical imaging or radiation therapy made to other professionals or to the public shall be:

(1) The official program of the presentation;

(2) A written statement signed by a representative of the program’s sponsor including:

a. The title of the presentation;

b. The name of the licensee as presenter;

c. The date of the presentation;

d. The hours during which the presentation took place; and

e The type of audience attending the presentation; or

(3) A program brochure showing the information described in (2) above.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.13 Participation in the Work of Professional Boards and Committees {#sec-plc-1308.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.13}

(a) A licensee may claim credit towards the continuing competence requirement for participating as a member in the work of a board or committee of a professional medical imaging and radiation therapy organization or government agency related to the practice of medical imaging.

(b) The licensee may claim 2 hours for each board or committee on which the licensee serves or served, to a maximum of 4 hours per renewal cycle.

(c) Documentation of participation in the work of a professional board or committee as a member shall be a letter conforming to (d), below, and issued by:

(1) The authority appointing the licensee to the board or committee; or

(2) The chair or chair-equivalent of the board or committee, provided that if the licensee is the chair or chair-equivalent, the letter shall be issued by 2 members of the board or committee.

(d) The letter shall:

(1) Establish the appointment of the licensee to the board or committee or identify

the beginning and ending dates of the licensee’s participation; and

(2) Be signed by the chair or chair-equivalent of the board or committee, provided that if the licensee is the chair or chair-equivalent, the letter shall be signed by 2 members of the board or committee.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.14 Completion of Self-Directed Education {#sec-plc-1308.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.14}

(a) A licensee may claim credit towards the continuing competence requirement for completing self-directed education as defined in Plc 1302, provided that the course sponsor or provider issues the documentation described in (c), below.

(b) The licensee may claim the hours attributed by the course sponsor or provider.

(1) An official transcript showing successful completion of the course, the date of the course, and the credits earned; or

(2) The official certificate of completion issued to the licensee by the course sponsor or provider showing:

a. The licensee’s name;

b. The name of the course;

c. The name of the provider or sponsor;

d. The beginning and ending date(s) of the course, if applicable;

e. The number of contact hours credited by the provider or sponsor; and

f. The printed name and signature or stamp of the instructor or a representative of the provider or sponsor.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.15 Teaching a Medical Imaging or Radiation Therapy Academic Course {#sec-plc-1308.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.15}

(a) A licensee may claim credit towards the continuing competence requirement for teaching an academic course relevant to the medical imaging or radiation therapy profession.

(b) The licensee may claim 2 hours for each clock hour of teaching, to a maximum of 8 hours per renewal cycle, provided that:

(1) The course is sponsored by an accredited institution;

(2) If the licensee gives substantially the same course more than once during the renewal cycle, the licensee shall claim credit for a single presentation of the course only; and

(3) If the licensee gives a course that includes a lab component, the licensee shall not claim credit for repeating a presentation in the laboratory.

(1) For each course taught, a copy of the institution’s catalog showing a description of the course; and

(2) A dated letter of confirmation or appointment signed by an official of the institution sponsoring the course(s).

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.16 Receipt of Infection Control Education {#sec-plc-1308.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.16}

(a) A licensee may claim credit towards the continuing competence requirement for receiving infection control education.

(b) The licensee may claim one contact hour for each clock hour spent in receipt of infection control education, to a maximum of 2 hours per renewal cycle.

(1) A certificate showing:

a. The title or subject matter of the education; and

b. The receipt of the education by the licensee; or

(2) A statement signed by the supervisor of the facility where the course took place providing the information described in (1), above.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1308.17 Receipt of Radiation Safety Education {#sec-plc-1308.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 1308.17}

(a) A licensee may claim credit towards the continuing competence requirement for completing a radiation safety course.

(b) The licensee may claim one hour for each clock hour spent in receipt of radiation safety education, to a maximum of 3 hours per renewal cycle.

(c) Documentation of a licensee’s completion of radiation safety education shall be a document or certificate of completion of the radiation safety course issued by the sponsor of the course.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1309 Renewal of Licenses; Reinstatement

N.H. Code Admin. R. Ann. Plc 1309.01 Eligibility for {#sec-plc-1309.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.01}

License Renewal. A licensee shall be eligible for license renewal if the licensee:

(a) Continues to meet the applicable qualifications in Plc 1304;

(b) Has submitted a complete application as specified in Plc 1309.03 that demonstrates the applicant has complied with the licensee obligation to maintain certification and registration or continuing education requirements specified in Plc 1308.02, as applicable, and is of good character; and

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.02 Notification of Pending License Expiration {#sec-plc-1309.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.02}

(a) At least 60 days prior to the expiration of a license issued pursuant to RSA 328-J and Plc 1300 or rules of the predecessor board in title Mirt, the licensing bureau shall:

(1) Notify, in writing to the licensee’s designated email address, each licensee whose license is expiring that:

a. The license is due to expire; and

b. Failure to file a complete and timely application for renewal shall result in the license expiring; and

(2) Include with the notice a copy of the application identified in Plc 1309.03(a) or, when the application becomes available on-line, a registration code for the licensee to use to renew on-line.

(c) If a licensee fails to file a renewal application on or before the expiration of the license or files an incomplete renewal application then fails to file what is needed to complete it by the last day of the month of expiration, the license shall expire.

(d) A licensee whose license has expired shall not practice any of the regulated MIRT professions in New Hampshire unless and until the individual’s license has been reinstated.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.03 Applying for License Renewal {#sec-plc-1309.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.03}

A licensee who wishes to renew a license to practice a regulated MIRT profession shall submit to the licensing bureau:

(a) A completed “Universal Application for License Renewal” dated March 2023, as tailored for MIRT licenses, that provides the information required by Plc 308.06 and Plc 1309.04 and is signed and certified as specified in Plc 308.08;

(b) The information and documentation required by Plc 308.07, as applicable;

(c) For other than limited x-ray machine operator license renewal, documentation of current certification and registration as required by the applicable provision in Plc 1304.02 through Plc 1304.10;

(d) Evidence of good character in the form of answers to the background and character questions listed in Plc 308.06(e);

(e) For limited x-ray machine operators, the information and certification relative to meeting continuing education requirements specified in Plc 1309.05;

(f) For applicants to renew a radiologist assistant license, updated clinical protocols that meet the requirements of Plc 1304.06(c); and

(g) The application processing and licensing fee specified in Plc 1002, provided that an applicant applying to renew as active military or a military spouse shall not pay the fee.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.04 Information Required for Renewal Application {#sec-plc-1309.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.04}

An applicant for renewal of a license to practice a regulated MIRT profession shall provide the information required by Plc 308.06, provided that when identifying the profession for which application is being filed, the applicant shall identify the specific regulated MIRT profession in which the applicant is seeking license renewal.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.05 Information and Attestation Relative to Continuing Competence {#sec-plc-1309.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.05}

(a) An applicant for renewal of a limited x-ray machine operator license shall provide the following information relative to continuing competence:

(1) The total number of hours achieved by the applicant in continuing education courses or other activities since the beginning of the current license term; and

(2) The following information for each continuing education course and activity for which credit is claimed:

a. The name of the course or activity;

b. The beginning and ending date(s) of the course or activity;

c. The name of the sponsor or provider of the course or activity; and

d. The total number of hours attributable to the course or activity.

(b) Submission of the information shall constitute the applicant’s attestation that the applicant has met all continuing education requirements.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.06 Initial Review of Renewal Applications {#sec-plc-1309.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.06}

Within 30 days of receipt of an application submitted pursuant to Plc 1309.03, the licensing bureau shall process the application as provided in Plc 308.09.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.07 Withdrawal or Abandonment of Renewal Application {#sec-plc-1309.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.07}

(a) An applicant may withdraw an application to renew a license at any time prior to being notified of a decision under Plc 1309.08, by complying with Plc 308.10.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.08 Review of Complete Renewal Applications; Decisions {#sec-plc-1309.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.08}

(a) The licensing bureau shall review complete applications as provided in Plc 308.11.

(b) The licensing bureau shall renew the license of any applicant who meets the eligibility criteria specified in Plc 1309.01.

(c) The licensing bureau shall notify the applicant of the decision on the application in writing sent to the applicant’s designated email address.

(d) If the licensing bureau determines that the applicant has not demonstrated that requirements to obtain a license are met, then:

(1) The licensing bureau shall deny the application; and

(2) The notice sent pursuant to (c), above, shall inform the applicant that the denial shall become final in 30 days unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied, the application processing and licensing fee shall not be refunded.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.09 Challenging a Denial of License Renewal {#sec-plc-1309.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.09}

An applicant who wishes to challenge the denial of an application for license renewal shall do so as provided in Plc 308.12.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.10 Renewal Licenses: Issuance and Duration {#sec-plc-1309.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.10}

(a) Each renewal license to practice a regulated MIRT profession issued by the OPLC shall specify:

(1) The name of the licensee;

(2) The effective dates of the license;

(3) The license number; and

(4) The regulated MIRT profession the licensee is authorized to practice.

(b) Renewal licenses shall:

(1) Expire 2 years from the date the license was issued unless a timely and complete renewal application is filed or the license is sooner suspended or revoked pursuant to Plc 1311; and

(2) Be subject to renewal biennially.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.11 Reinstatement of a License After Expiration {#sec-plc-1309.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.11}

(a) An individual whose license has expired shall not practice in New Hampshire unless and until the individual has obtained a license in accordance with RSA 328-J and Plc 1300.

(b) An individual whose license has expired who wishes to obtain a license in New Hampshire shall:

(1) Apply for a renewal license in accordance with Plc 1309.03, including demonstrating that the applicant is certified by the applicable credentialing organization and has met the continuing competence requirements specified in Plc 1308.06; and

(2) As required by RSA 328-J:7-a, I, obtain a criminal records check using the process established by the NHDOS for requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and directing that the results be sent to the OPLC.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1309.12 Reinstatement of a License Previously Suspended or Revoked {#sec-plc-1309.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1309.12}

(a) An individual whose license was suspended pursuant to Plc 1311, or whose license was suspended by the New Hampshire board of medical imaging and radiation therapy prior to July 19, 2022, who wishes to have the license reinstated shall:

(1) If the request is made before the expiration date of the suspended license, submit a written request to the licensing bureau that demonstrates compliance with all conditions of the suspension order and plan of correction, including completing any additional continuing competence activities and paying any monetary penalties imposed, but not paying an additional application or reinstatement fee; or

(2) If the request is made after the expiration date of the suspended license:

a. Submit an application for renewal, including paying the application processing and licensing fee and demonstrating all requirements for renewal have been met;

b. Pay all monetary penalties imposed, if any;

c. Pay the costs associated with the suspension, if imposed pursuant to RSA 310:12, V or other applicable law; and

d. Demonstrate that all conditions imposed in the suspension order have been met.

(b) An individual whose license was revoked pursuant to Plc 1311, or whose license was revoked by the New Hampshire board of medical imaging and radiation therapy prior to July 19, 2022, who wishes to have the license reinstated shall:

(1) Submit an application for renewal licensure in accordance with Plc 1309.03, including demonstrating that the applicant is certified by the applicable credentialing organization and has met the continuing competence requirements specified in Plc 1308.06;

(3) Demonstrate that:

a. All conditions imposed in the revocation order have been met;

b. All monetary penalties imposed have been paid; and

c. The revocation has been in effect for at least 2 years after the date of the order revoking the license, as required by RSA 328-J:19, III.

(c) If the licensing bureau makes a preliminary determination based on the information submitted by the applicant that the applicant does not qualify for a license or does not qualify for an unrestricted license, the licensing bureau shall refer the matter to the executive director, who shall initiate an adjudicative proceeding pursuant to Plc 200 to determine whether to deny the application or to reinstate the license with conditions.

(d) A license shall not be granted to an individual who previously held a license whose license was suspended or revoked unless and until the individual has:

(1) Complied with any requirements that are part of the suspension or revocation order;

(2) Paid all monetary penalties imposed, if any;

(3) Paid the costs associated with the suspension or revocation, if imposed pursuant to RSA 310:12, V or other applicable law; and

(4) Demonstrated that the individual meets all other requirements for a renewal license.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1310 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 1310.01 Purpose and Applicability {#sec-plc-1310.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1310.01}

(a) The purpose of this part is to establish ethical and professional standards to maintain a high standard of integrity, skills, and practice in the regulated MIRT professions.

(b) These rules shall be binding upon each individual who is licensed in any of the regulated MIRT professions in New Hampshire.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1310.02 National Codes of Ethics as Binding Ethical Standards {#sec-plc-1310.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1310.02}

(a) Limited x-ray machine operators shall comply with the “ARRT Standards of Ethics,” effective September 1, 2021, available at https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 and as noted in Appendix B.

(b) Magnetic resonance technologists shall comply with the following codes of ethics, as applicable:

(1) If certified by the American Registry of Radiologic Technologists, the “ARRT Standards of Ethics,” effective September 1, 2021, available at https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 and as noted in Appendix B; or

(2) If certified by the American Registry of Magnetic Resonance Imaging Technologists, the “ARMRIT Code of Ethics”, available as noted in Appendix B or as accessed and reprinted in Appendix D on March 23, 2023;

(c) Nuclear medicine technologists shall comply with the Code of Ethics at lines 98-137 of the “Nuclear Medicine Technologist Scope of Practice and Performance Standards,” 2nd Ed., approved June 9, 2022 by the Society of Nuclear Medicine and Molecular Imaging Technologist Section, available at http://www.snmmi.org/IssuesAdvocacy/content.aspx?ItemNumber=6416&navItemNumber=592 and as noted in Appendix B;

(d) Radiation therapists shall comply with the “ARRT Standards of Ethics,” effective September 1, 2021, available at https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 and as noted in Appendix B.

(e) Radiographers shall comply with the following codes of ethics, as applicable:

(2) If certified by Cardiovascular Credentialing International (CCI), the CCI “Policy 10A, Code of Ethics”, last revised 1/16, available at https://cci-online.org/why-cci/bylaws-policies/, scroll down to Policy – Ethics-Disciplinary Policy and Committee.pdf and as noted in Appendix B.

(f) Radiologist assistants shall comply with the “ARRT Standards of Ethics,” effective September 1, 2021, available at https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 and as noted in Appendix B; and

(g) Sonographers shall comply with the following codes of ethics, as appropriate:

(1) If certified by the American Registry of Diagnostic Medical Sonography, the Society of Diagnostic Medical Sonography’s “Code of Ethics for the Profession of Diagnostic Medical Sonography” as reapproved by the board of directors of the Society for Diagnostic Medical Sonography February 8, 2017, http://www.sdms.org/about/who-we-are/code-of-ethics, available as noted in Appendix B;

(2) If certified by the American Registry of Radiologic Technologists, the “ARRT Standards of Ethics,” effective September 1, 2022, https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12, available as noted in Appendix B; or

(3) If certified by Cardiovascular Credentialing International, the CCI “Policy 10A, Code of Ethics”, https://cci-online.org/why-cci/bylaws-policies/, scroll down to Policy – Ethics-Disciplinary Policy and Committee.pdf, last revised 1/16, available as noted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1310.03 Additional Licensee Obligations {#sec-plc-1310.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1310.03}

Each person to whom these standards apply also shall:

(a) Comply with RSA 328-J, Plc 307.04 as effective May 1, 2023, as reprinted in Appendix F, and Plc 1300;

(b) Comply with any disciplinary or remedial orders issued by the executive director within the time periods specified;

(d) Not misrepresent professional qualifications or credentials;

(e) Cooperate with lawful investigations by the OPLC, and be candid and truthful when providing information;

(f) Be candid and truthful when making oral and written statements about medical imaging to the public;

(g) Treat all individuals with whom the person interacts in a professional capacity with respect and civility;

(h) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the practitioner-patient relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by a patient or a colleague;

(i) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(j) Not discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, or national origin.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

Part Plc 1311 Procedures; Disciplinary Actions

N.H. Code Admin. R. Ann. Plc 1311.01 Rules of Practice and Procedure {#sec-plc-1311.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.01}

The rules in Plc 200 shall govern procedures for any of the following that are not subject to specific provisions in RSA 328-J:

(a) The receipt of misconduct complaints and the investigation thereof;

(b) The conduct of disciplinary proceedings, including emergency proceedings;

(d) Voluntary surrender of licenses; and

(e) Any other procedures not included in this chapter.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1311.02 Definitions {#sec-plc-1311.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.02}

For purposes of this part, the following definitions shall apply:

(a) “Respondent” means the person against whom a disciplinary sanction is proposed to be imposed; and

(b) “Sexual misconduct” means engaging in one or more of the following activities with respect to a current patient who is not a spouse or domestic partner:

(1) Engaging in sexual relations, whether consensual or non-consensual;

(2) Making verbal or physical sexual advances;

(3) Using sexual language or phrases;

(4) Requesting sexual favors; or

(5) Engaging in physical contact of a sexual nature.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1311.03 Misconduct {#sec-plc-1311.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.03}

Misconduct shall be:

(a) Any conduct listed in RSA 328-J:19, I, reprinted in Appendix E;

(b) Knowingly, recklessly, or negligently providing inaccurate material information to the OPLC or failing to provide complete and truthful material information upon inquiry by an authorized representative of the OPLC, including during the process of applying for an initial license, a license renewal, or the reinstatement of a license;

(1) Constitutes a sexual offense;

(2) Constitutes a violation of controlled substance law; or

(3) Involves:

a. Injury or the potential for injury to a victim; or

b. Dishonesty;

(d) Failing to report a conviction described in (b), above, within 30 days as required by Plc 1308.03;

(e) Violating any applicable ethical or professional standard specified in Plc 1310;

(f) Engaging in sexual misconduct;

(g) Engaging in the practice of a regulated MIRT profession despite actual or potential inability to render care with reasonable skill and safety by reason of any impairment, including but not limited to physical or mental illness or use of alcohol, drugs, or any other substance that adversely affects human health;

(h) Being subject to final disciplinary action by:

(1) A regulatory authority in another domestic or foreign jurisdiction; or

(2) The applicable credentialing organization;

(i) Failing to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state;

(j) Practicing a regulated MIRT profession without a current license; and

(k) Violating:

(1) Any provision of RSA 328-J;

(2) Any provision of the rules in title Mirt if the violation occurred prior to July 26, 2022;

(3) Any provision of Plc 1300; or

(4) Any state or federal law reasonably related to the licensee’s authority to practice or the licensee’s ability to practice safely.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1311.04 Sanctions {#sec-plc-1311.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.04}

Pursuant to RSA 328-J:19, II, disciplinary actions available to the executive director to sanction misconduct shall be:

(a) Requiring the respondent to participate in continuing education in the area(s) in which the respondent has been found deficient;

(b) Issuing a written reprimand;

(c) Imposing limitations or restrictions on the respondent, including but not limited to practicing under the direct supervision of a medical imaging professional or radiation therapist for a period of time determined to be reasonable based on the nature and severity of the misconduct;

(d) Putting the respondent on probation for a period of time determined to be reasonable based on the nature and severity of the misconduct;

(e) Suspending the respondent’s license;

(f) Revoking or refusing to renew the respondent’s license; and

(g) Assessing a monetary penalty in the amount established pursuant to Plc 1311.10.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1311.05 Procedures for Imposing Sanctions {#sec-plc-1311.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.05}

(a) Other than immediate license suspension authorized by RSA 328-J:9 or RSA 541-A:30, III, the executive director shall impose disciplinary sanctions only:

(1) After prior notice to the licensee in accordance with Plc 206 and the opportunity for the licensee to be heard; or

(2) By agreement between the executive director and the licensee that is reflected in a consent order.

(b) Copies of orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each jurisdiction in which the respondent is licensed, to the respondent’s credentialing organization, and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1311.06 Method for Determining Sanctions {#sec-plc-1311.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.06}

(a) To determine which sanction or combination of sanctions to impose, the executive director shall:

(1) Refer to the list in Plc 1311.03 to determine the nature of the act(s) or omission(s) constituting the misconduct committed by the licensee;

(2) Determine whether any aggravating or mitigating circumstances are present, as provided in (b) and (c), below; and

(3) Apply the standards in Plc 1311.07.

(b) The following shall be considered aggravating circumstances:

(1) The rule or statute violated was clear as to what was required or prohibited;

(2) The respondent has a record of disciplinary sanctions being imposed;

(3) The respondent committed the misconduct intentionally or recklessly;

(4) The respondent did not cooperate during the investigation and adjudicative proceeding; and

(5) The misconduct caused actual harm or posed a material threat of harm to patients, colleagues, or the public.

(1) The respondent does not have a record of prior discipline;

(2) The respondent committed the misconduct negligently or inadvertently;

(3) The respondent cooperated fully during the investigation and adjudicative proceeding;

(4) The respondent acknowledged that the identified actions constituted violations; and

(5) The rule or statute violated was arguably unclear.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1311.07 Standards for the Selection of Sanctions {#sec-plc-1311.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.07}

The executive director shall select appropriate sanction(s):

(a) From the list in Plc 1311.04; and

(b) By choosing, in light of the characteristics or lack of characteristics determined pursuant to Plc 1311.06(b), the sanction(s) most likely to:

(1) Protect public health and safety;

(2) Prevent future misconduct by the respondent;

(3) Take into account any acknowledgement of fault by the respondent and any cooperation by the respondent with the investigation of misconduct;

(4) Correct any attitudinal, educational, or other deficiencies that contributed to the misconduct;

(5) Encourage the responsible practice of the regulated MIRT profession; and

(6) Demonstrate to the respondent, other licensees in the regulated MIRT profession, and the public the executive director’s intent to ensure that licensees in a regulated MIRT profession practice in accordance with applicable law to support and protect public safety and welfare.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1311.08 Unauthorized Practice {#sec-plc-1311.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.08}

When the executive director determines that one of the following measures is likely to be the most effective way to stop unlicensed practice as described in RSA 328-J:10, the executive director shall:

(a) Issue a cease and desist order against the person or entity engaged in the unauthorized practice; or

(b) Seek an injunction against such person or entity as authorized by RSA 328-J:21.

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1311.09 Conditions of License Suspension or Revocation {#sec-plc-1311.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.09}

(a) If a license is suspended, the licensee shall prepare and submit a plan of correction to address each violation that provided a basis for the disciplinary proceeding.

(b) The executive director shall review the submitted plan of correction and:

(1) Approve the plan, if it:

a. Addresses each violation that provided a basis for the disciplinary proceeding; and

b. Identifies one or more specific actions that the license shall take and specifies a deadline for taking each action that is reasonable based on the nature of the action to be taken; or

(2) Return the plan to the licensee for revision and resubmission if the plan does not meet the requirements for approval specified in (1), above.

(c) A licensee whose license was suspended may request the license to be reactivated after the conditions specified in the suspension order have been met in accordance with Plc 1309.12(a).

(d) If a license is revoked, any subsequent application for licensure shall include a plan of correction that addresses each violation that provided a basis for the disciplinary proceeding.

(e) An individual whose license has been revoked and who wishes to reapply for a license shall apply as for license reinstatement in accordance with Plc 1309.12(b).

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23

N.H. Code Admin. R. Ann. Plc 1311.10 Determination of Monetary Penalties {#sec-plc-1311.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1311.10}

(a) Monetary penalties for violations as specified in Plc 1311.03 shall not exceed the following amounts, and in no event shall exceed $2,500 per violation:

(1) When no violation of any type has occurred during a period of licensure within the 5 years prior to the executive director’s notice to the respondent, the fine assessed shall not exceed the greater of $100 per day or $1,000 per violation;

(2) When a violation other than a violation of the same type has occurred during a period of licensure within the 5 years prior to the executive director’s notice to the respondent, the fine assessed shall not exceed the greater of $200 per day or $1,500 per violation;

(3) When a single violation of the same type has occurred during a period of licensure within the 5 years prior to the executive director’s notice to the respondent, the fine assessed shall not exceed the greater of $250 per day or $2,000 per violation; and

(4) When more than one violation of the same type has occurred during a period of licensure within the 5 years preceding the executive director’s notice to the respondent, the fine assessed shall not exceed the greater of $300 per day or $2,500.

(b) If a respondent has committed more than one violation of the same requirement or standard, a separate fine shall be assessed for each occurrence, but the total amount of the fine and the respondent’s promptness and cooperativeness in ceasing the prohibited conduct in question shall be considered in assessing the fines.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Plc 1300 (see below for more specific

and additional statutes)

RSA 328-J

Plc 1303

RSA 328-J:3

Plc 1304

RSA 328-J:11

Plc 1305

RSA 328-J:7-a; RSA 328-J:10; RSA 328-J:13

Plc 1306

RSA 328-J:13, II

Plc 1307

RSA 328-J:12

Plc 1308

RSA 328-J:17; RSA 328-J:15

Plc 1309

RSA 328-J:15

Plc 1310

RSA 328-J:7, IV

Plc 1311

RSA 328-J:19; RSA 328-J:20

Appendix B: Incorporated Documents

Rule(s)

Incorporated Reference

Obtain at:

Plc 1307.03(a)

Plc 1307.11

“Magnetic Resonance Practice Standards”, found in “The ASRT Practice Standards for Medical Imaging and Radiation Therapy”

dated June 26, 2022

American Society of Radiologic Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards; click on “Read The ASRT Practice Standards for Medical Imaging and Radiation Therapy”, then scroll down to “Magnetic Resonance

Practice Standards”

Plc 1307.04(a)

“Nuclear Medicine Practice Standards”, found in “The ASRT Practice Standards for Medical Imaging and Radiation Therapy”

dated June 26, 2022

Plc 1307.04(b)

“Nuclear Medicine Technologist Scope of Practice and Performance Standards”, 2^nd Edition, approved

June 9, 2022

Society of Nuclear Medicine & Molecular Imaging; go to http://www.snmmi.org/ClinicalPractice/content.aspx?

ItemNumber=5532, then click on Scope of Practice & Performance Standards 2022

Plc 1307.05

“Radiation Therapy Practice Standards”, part of “The ASRT Practice Standards for Medical Imaging and Radiation Therapy”

dated June 26, 2022

Plc 1307.06

ASRT’s “Radiography Practice Standards”, part of “The ASRT Practice Standards for Medical Imaging and Radiation Therapy”

dated June 26, 2022

American Society of Radiologic Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards click on “Read The ASRT

Practice Standards for Medical Imaging and Radiation Therapy”, then scroll down to “Radiography Practice Standards”

Plc 1307.07(a)

“Radiologist Assistant Practice Standards”, part of “The ASRT Practice Standards for Medical Imaging and Radiation Therapy”

dated June 26, 2022

American Society of Radiologic Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards click on “Read The ASRT

Practice Standards for Medical Imaging and Radiation Therapy”, then scroll down to “Radiologist Assistant

Practice Standards”

Plc 1307.08(a)

Plc 1307.08(c)

“Scope of Practice and Clinical Standards for the Diagnostic

Medical Sonographer” dated

04-13-15

Society of Diagnostic Medical Sonography

Available at http://www.sdms.org/about/who-we-

are/scope-of-practice

Plc 1307.08(b)

“Sonography Practice Standards”,

part of “The ASRT Practice

Standards for Medical Imaging

and Radiation Therapy” dated

June 26, 2022

American Society of Radiologic Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards click on “Read The ASRT

Practice Standards for Medical Imaging and Radiation Therapy”, then scroll down to “Sonography Practice

Standards”

Plc 1307.09(a)

“Scope of Practice for the

Registered Cardiovascular Electrophysiology Specialist

(RCES)”, 2017

Alliance of Cardiovascular Professionals

https://www.acp-online.org/advocacy/scopes-of-practice/

Plc 1307.10(a)

“Scope of Practice for the

Registered Cardiovascular

Invasive Specialist (RCIS)”,

2018

https://www.acp-online.org/advocacy/scopes-of-practice/

Plc 1310.02(a),

(b)(1), (d), (e)(1),

(f), & (g)(2)

“ARRT Standards of Ethics,”

effective September 1, 2021

American Registry of Radiologic Technologists; go to https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12

Plc 1310.02(b)(2)

“ARMRIT Code of Ethics”

(undated)

American Registry of Magnetic Resonance Imaging Technologists; go to https://www.armrit.org/index.php, then scroll to the bottom of the page and click on “Code of

Ethics” or see Appendix D

Plc 1310.02(c)

“Nuclear Medicine Technologist Scope of Practice and Performance Standards,” 2nd Ed., 06-09-22,

lines 98-137

Society of Nuclear Medicine and Molecular Imaging Technologist Section; found at http://www.snmmi.org/IssuesAdvocacy/content.aspx?

ItemNumber=6416&navItemNumber=592

Plc 1310.02(e)(2)

& (g)(3)

CCI “Policy 10A, Code of Ethics”

last revised 1/16

Cardiovascular Credentialing International; go to

https://cci-online.org/why-cci/bylaws-policies/ then scroll

down to Policy – Ethics-Disciplinary Policy and

Committee.pdf

Plc 1310.02(g)(1)

“Code of Ethics for the Profession

of Diagnostic Medical Sonography”,

re-approved by SDMS Board of Directors, effective 02/08/2017

Society of Diagnostic Medical Sonography; http://www.sdms.org/about/who-we-are/code-of-ethics

Appendix C: O*NET Online Tasks for ARMRIT-Certified Licensed Magnetic Resonance Technologists

Tasks

· Operate magnetic resonance imaging (MRI) scanners.

· Select appropriate imaging techniques or coils to produce required images.

· Intravenously inject contrast dyes, such as gadolinium contrast, in accordance with scope of practice.

· Position patients on cradle, attaching immobilization devices, if needed, to ensure appropriate placement for imaging.

· Conduct screening interviews of patients to identify contraindications, such as ferrous objects, pregnancy, prosthetic heart valves, cardiac pacemakers, or tattoos.

· Explain magnetic resonance imaging (MRI) procedures to patients, patient representatives, or family members.

· Provide headphones or earplugs to patients to improve comfort and reduce unpleasant noise.

· Take brief medical histories from patients.

· Inspect images for quality, using magnetic resonance scanner equipment and laser camera.

· Create backup copies of images by transferring images from disk to storage media or workstation.

· Troubleshoot technical issues related to magnetic resonance imaging (MRI) scanner or peripheral equipment, such as monitors or coils.

· Write reports or notes to summarize testing procedures or outcomes for physicians or other medical professionals.

· Test magnetic resonance imaging (MRI) equipment to ensure proper functioning and performance in accordance with specifications.

· Calibrate magnetic resonance imaging (MRI) console or peripheral hardware.

· Instruct medical staff or students in magnetic resonance imaging (MRI) procedures or equipment operation.

· Attach physiological monitoring leads to patient's finger, chest, waist, or other body parts.

· Conduct inventories to maintain stock of clinical supplies.

· Operate optical systems to capture dynamic magnetic resonance imaging (MRI) images, such as functional brain imaging, real-time organ motion tracking, or musculoskeletal anatomy and trajectory visualization.

· Request sedatives or other medication from physicians for patients with anxiety or claustrophobia.

· Connect physiological leads to physiological acquisition control (PAC) units.

· Schedule appointments for research subjects or clinical patients.

· Develop or otherwise produce film records of magnetic resonance images.

· Place and secure small, portable magnetic resonance imaging (MRI) scanners on body part to be imaged, such as arm, leg, or head.

Appendix D: ARMRIT Code of Ethics and Mission Statement

Magnetic Resonance Imaging Technologists, as Certified Technologists of an allied health care profession, must endeavor to always practice their specialty with the highest ethical standards in mind. The American Registry of Magnetic Resonance Imaging Technologists’ Board of Directors adopted and enacted the following Guidelines:

The MRI technologist shall provide quality service and patient care with empathy, respect and concern for the rights, privacy and safety of the patient.
The MRI technologist shall always be aware of the precautions necessary and available to anyone in the MRI environment in order to safeguard the patient and others.
The MRI technologist shall respect the confidentiality and never divulge patient information to anyone not directly related to the care of the patient as allowed by law.
The MRI technologist shall adhere and comply with statutes, laws, regulations or specifications that govern the medical imaging modality of magnetic resonance imaging technology under federal, state and local law.
The MRI technologist shall perform their assigned duties responsibly, accurately and competently, and professionally.
The MRI technologist shall always endeavor to enhance and improve their knowledge of the specialty and skills annually through formal and informal continuing education.
The MRI technologist shall not violate any laws.
The MRI technologist shall promote community awareness of the importance of quality health care and participate in related activities, whenever possible.

ARMRIT Mission Statement

The mission of the American Registry of Magnetic Resonance Imaging Technologists (ARMRIT) is to recognize individuals qualified as specialists in the use of Magnetic Resonance Imaging (MRI) Technology which employs non-ionizing radiation to promote high standards of patient care and safety in the diagnostic medical imaging modality of MRI Technology including interventional MRI, cardiovascular MRI, functional MRI, and MRI breast imaging. The Registry is open to all qualified technologists in all imaging fields provided a formal education has been completed through bonafide established schools dedicated to MRI technologists.

Appendix E: Referenced Statutory Provisions

328-J:19 Penalties. –

I. The executive director may deny, suspend, revoke, or refuse to renew a license or impose probationary conditions on a license if the licensee or applicant for licensure has engaged in any of the following conduct:

(a) Obtaining a license by means of fraud, misrepresentation, or concealment of material facts.

(b) Engaging in unprofessional conduct pursuant to rules adopted by the executive director.

(c) Having been convicted of or pleaded guilty or nolo contendere to a crime involving moral turpitude or any crime which indicates that the licensee or applicant is unfit or incompetent to administer medical imaging or radiation therapy procedures or that the licensee or applicant has deceived or defrauded the public.

(d) Engaging in any act or practice in violation of any of the provisions of this chapter or any rule adopted by the executive director or aiding, abetting, or assisting any person in such a violation.

(e) Committing an act or acts of malpractice, gross negligence, or incompetence in administering medical imaging or radiation therapy procedures.

(f) Practicing as a person licensed to administer medical imaging or radiation therapy procedures without a current license.

(g) Engaging in conduct that could result in harm or injury to the public.

(h) Having a license issued under this chapter revoked or suspended or other disciplinary action taken, whether in this state or another jurisdiction.

(i) Being unfit or incompetent to administer medical imaging or radiation therapy services by reason of deliberate or negligent acts or omissions, regardless of whether actual injury to a patient is established.

II. The executive director, upon making an affirmative finding under paragraph I, may take disciplinary action in any one or more of the following ways:

(a) By written reprimand.

(b) By suspension, refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the executive director.

(d) By requiring the person to participate in a program of continuing education in the area or areas in which the person has been found deficient.

(e) By requiring the person to practice under the direct supervision of a medical imaging professional or radiation therapist for a period of time specified by the executive director.

(f) By assessing civil penalties, after notification and due process, in amounts established by the executive director which shall not exceed $2,500 per offense or, in the case of continuing offenses, $250 for each day the violation continues, whichever is greater.

III. The denial, refusal to renew, suspension, revocation, or imposition of probationary conditions upon a license may be ordered by the executive director after a hearing held in accordance with RSA 328-J:18 and rules adopted by the executive director. An application may be made to the executive director for reinstatement of a revoked license if the revocation has been in effect for at least 2 years after the date of the executive director’s order revoking the license.

328-J:25 Exemptions. – Nothing in this chapter shall be construed to prevent or affect:

I. A licensed practitioner performing medical imaging or radiation therapy procedures within his or her scope of practice, education, training, and competence.

II. A registered dental hygienist licensed under the laws of the state of New Hampshire performing dental imaging procedures within his or her scope of practice, education, training, and competence and under the supervision of a dentist licensed under the laws of the state of New Hampshire.

III. A dental assistant licensed or holding a certificate under the laws of the state of New Hampshire performing dental imaging procedures within his or her scope of practice, education, training, and competence and under the supervision of a dentist licensed under the laws of the state of New Hampshire.

IV. A resident physician or a student enrolled in and attending a school or college of medicine, dentistry, osteopathy, chiropractic, podiatry, limited x-ray machine operator, medical imaging, or radiation therapy who performs medical imaging or radiation therapy procedures on humans while under the supervision of a licensed practitioner or a person holding a license under this chapter in the supervised modality.

V. A person administering medical imaging or radiation procedures who is employed by the United States government when performing duties associated with that employment.

VI. A person licensed under the laws of the state of New Hampshire performing a sonography procedure within his or her scope of practice, education, training, and competence, that is used to assess specific and limited information about a patient's immediate medical condition, is limited to a focused imaging target and does not generate a recorded diagnostic medical image. A focused imaging target includes, but is not limited to:

(a) Assessment of fetal presentation or heartbeat;

(b) Assessment of fluid in a body cavity;

(d) Fetal monitoring during active labor; or

(e) Identification of an anatomical landmark or blood vessel for vascular access or administration of anesthesia.

VII. A person performing medical procedures or therapy on non-human subjects or cadavers.

VIII. A person licensed under the laws of the state of New Hampshire performing a medical procedure using ultrasound for a non-imaging purpose that is within his or her scope of practice, education, training, and competence.

IX. A person licensed to perform a medical imaging or radiation therapy modality, who is performing clinical procedures under the supervision of a licensed practitioner or a person holding a license under this chapter in the supervised modality, in preparation for certification in an additional medical imaging or radiation therapy modality. To receive this exemption, the person shall register with the executive director and meet the requirements as specified in this chapter and under the rules adopted by the board. The executive director may grant this exemption for a period not to exceed 3 years and the exemption may be renewed by the executive director.

Appendix F: Plc 307.04 as effective May 1, 2023

History

(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
2016, 54:2, eff. July 1, 2016. 2022, 104:6, eff. July 26, 2022.
2016, 54:2, eff. July 1, 2016. 2017, 217:1, eff. Sept. 8, 2017. 2022, 104:8, eff. July 26, 2022.

N.H. Code Admin. R. Ann. Plc 307.04 Obligations of Persons Subject to These Rules {#sec-plc-307.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.04}

(a) Each person subject to these rules shall comply with all applicable law.

(d) Each person subject to these rules shall provide honest and accurate information in reports prepared as part of practicing the profession in which the person is authorized to practice.

(e) Each person subject to these rules shall report evidence of professional misconduct on the part of another licensee when that conduct poses a potential threat to life, health, or safety.

(f) Each person subject to these rules shall maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the professional-client or professional-patient relationship in a sexual way; and

(g) Each person subject to these rules shall be truthful in publicly representing or advertising himself or herself by avoiding the following:

(1) False, deceptive, or misleading statements;

(2) Unreasonable or exaggerated claims of success;

(3) Guarantees of success;

(4) Claims or implications of professional superiority or of training that cannot be substantiated; and

(5) Unsubstantiated claims of expertise or certification of such in any specific areas of the scope of practice set forth in applicable law.

(h) Each person subject to these rules shall interact with colleagues and clients with honesty and integrity.

(i) No person subject to these rules shall misrepresent professional qualifications or credentials.

(j) Each person subject to these rules shall treat all individuals with whom the person interacts in a professional capacity with respect and civility.

(k) No person subject to these rules shall engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity.

Chapter Plc 1400 Recreational Therapists

Part Plc 1401 Purpose and Applicability; Sending Notices and Licenses; Incorporated Definitions

N.H. Code Admin. R. Ann. Plc 1401.01 Purpose {#sec-plc-1401.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1401.01}

The purpose of this chapter is to implement RSA 326-J relative to regulating the profession of recreational therapy, by establishing requirements for:

(a) Obtaining and renewing a license to practice recreational therapy;

(b) Obtaining the reinstatement of a license to practice recreational therapy that has expired or was revoked, or the restoration of a license that was suspended;

(d) Establishing the qualifications to be met by educational institutions so that students can engage in recreational therapy activities that are performed by licensed recreational therapists pursuant to RSA 326-J:3, I.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1401.02 Applicability {#sec-plc-1401.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1401.02}

This chapter shall apply to:

(a) Any individual who intends to practice or who does actually practice recreational therapy in New Hampshire; and

(b) Any educational entity that wishes to allow students to practice recreational therapy prior to obtaining a license pursuant to RSA 326-J:3, I, as provided in Plc 1405.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1401.03 Notifications; Issuance of Licenses {#sec-plc-1401.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1401.03}

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1401.04 Incorporated Definitions {#sec-plc-1401.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1401.04}

History

#14442, eff 1-26-26, EXPIRES 1-26-36

Part Plc 1402 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Plc 1402.01 Advisory board {#sec-plc-1402.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1402.01}

“Advisory board” means the recreational therapy advisory board established pursuant to RSA 326-J:1-a, I.

N.H. Code Admin. R. Ann. Plc 1402.02 Certified therapeutic recreation specialist (CTRS) {#sec-plc-1402.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1402.02}

“Certified therapeutic recreation specialist (CTRS)” means an individual who, having met the established standards of education, experience, and continued professional development, has been issued the professional certificate of the National Council for Therapeutic Recreation Certification.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1402.03 Direct supervision {#sec-plc-1402.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1402.03}

“Direct supervision” means supervision by a supervisor who is present and observing the activity of the individual being supervised.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1402.07), eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1402.04 IACET-approved provider {#sec-plc-1402.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1402.04}

“IACET-approved provider” means an organization of any kind that has been approved by the International Accreditors for Continuing Education and Training (IACET) to provide continuing education for recreational therapists.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1402.09), eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1402.05 National Council for Therapeutic Recreation Certification (NCTRC) {#sec-plc-1402.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1402.05}

“National Council for Therapeutic Recreation Certification (NCTRC)” means the national credentialing organization for the profession of therapeutic recreation.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1402.16), eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1402.06 NCTRC knowledge domain {#sec-plc-1402.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1402.06}

“NCTRC knowledge domain” means any of the NCTRC professional knowledge domains listed in the NCTRC’s “Job Analysis Report / Report on the International Job Analysis of Certified Therapeutic Recreation Specialists”, available via the NCTRC’s website at https://nctrc.org/wp-content/uploads/2021JobAnalysisReport.pdf, which follows a title page labeled “2021 CTRS® Job Analysis Study”.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1402.17), eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1402.07 Recreational therapy {#sec-plc-1402.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1402.07}

“Recreational therapy” means “recreational therapy” as defined in RSA 326-J:1, III, reprinted in Appendix C.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1402.20), eff 1-26-26, EXPIRES 1-26-36

Part Plc 1403 Advisory Board

N.H. Code Admin. R. Ann. Plc 1403.01 Advisory Board Members Appointment and Qualifications {#sec-plc-1403.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1403.01}

(a) As required by RSA 326-J:1-a, I, the executive director shall establish an advisory board of recreational therapists consisting of 3 members, who shall be licensed recreational therapists.

(b) As provided in RSA 326-J:1-a, I:

(1) Each member shall be appointed to a term of 3 years; and

(2) No member shall serve more than 2 consecutive full terms.

(1) Have been certified by the NCTRC for at least 3 years preceding the appointment;

(2) Be currently licensed in New Hampshire when appointed and for the duration of the term; and

(3) Have been actively engaged in the practice of recreational therapy in New Hampshire for at least one year immediately preceding appointment to the advisory board.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1403.02 Advisory {#sec-plc-1403.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1403.02}

Board Officers. Annually, at the first meeting of the calendar year, the duly-appointed advisory board members shall elect, from among the advisory board members, a chair and a vice chair.

History

#14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1403.03 Advisory {#sec-plc-1403.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1403.03}

Board Address and Contact Information.

(a) The advisory board’s offices shall be at the OPLC offices, located as provided in Plc 103.03.

(b) All correspondence with the advisory board shall be addressed as specified in Plc 103.03(d).

History

#14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1403.04 Meetings and Records of Advisory Board {#sec-plc-1403.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1403.04}

(a) The advisory board shall meet at the call of the advisory board chair or the executive director.

(d) Records of the advisory board shall be maintained by the executive director as required by RSA 91-A.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1403.02), eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1403.05 Responsibilities of Advisory Board {#sec-plc-1403.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1403.05}

(a) As provided in RSA 326-J:1-a, I, the advisory board shall advise the executive director regarding the implementation of RSA 326-J, including in particular by reviewing and commenting on proposed rules and proposed revisions to rules intended to implement RSA 326-J.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1403.03), eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1403.06 Records of Predecessor Board {#sec-plc-1403.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1403.06}

The records of the recreational therapy governing board that existed prior to July 19, 2022, the effective date of Laws of 2022 ch. 72, shall be:

(b) Available for public review as provided in Plc 100.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1403.04), eff 1-26-26, EXPIRES 1-26-36

Part Plc 1404 Initial Licensure

N.H. Code Admin. R. Ann. Plc 1404.01 Statutory Qualifications for Licensure {#sec-plc-1404.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1404.01}

(a) As required by RSA 326-J:5, I, to qualify for licensure under RSA 326-J and Plc 1400, an applicant shall:

(1) Be at least 18 years of age;

(2) Be of good moral character;

(3) Subject to (b), below, successfully complete an academic program with a baccalaureate degree or higher from an accredited college or university with a major in therapeutic recreation or a major in recreation or leisure with an option in therapeutic recreation;

(4) Successfully complete a period of field experience as defined by the NCTRC under the supervision of a CTRS approved by the educational institution where the applicant is meeting or has met applicable academic requirements; and

(5) Successfully complete the proctored examination administered by the NCTRC.

(b) Pursuant to RSA 326-J:5, III, the executive director shall grant initial licenses to recreational therapists who were certified by the NCTRC prior to July 1, 2007 and who hold an active CTRS credential, provided the individual:

(1) Has maintained the credential for at least 3 years in the 5 years immediately preceding submitting an application; and

(2) Has met the continuing competence requirements for license renewal in the 2 years prior to application.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1404.02 Application for Initial Recreational Therapist License {#sec-plc-1404.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1404.02}

Any individual who meets the statutory qualifications as reiterated in Plc 1404.01 and wishes to engage in the practice of recreational therapy who is not already licensed in New Hampshire shall apply by complying with Plc 304.01, subject to the following:

(a) On or with the “Recreational Therapy Supplement To Universal Application For Initial License” dated 11/2025, the applicant shall provide the information required by Plc 1404.03 and the documentation required by Plc 1404.04, and attest to the statements in Plc 304.05(b);

(b) A criminal background check shall not be required; and

(c) The fee shall be the application processing and licensing fee specified in Plc 1002.46, provided that an applicant who is active military or a military spouse shall not pay the fee.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1404.03 Additional Information Required for Initial License Application {#sec-plc-1404.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1404.03}

In addition to the information required by Plc 304.03, the applicant for an initial license to practice recreational therapy shall provide information about the applicant’s field experience, as follows:

(a) The name of each employer at which the applicant worked or volunteered;

(b) The name and credentials of each CTRS who supervised the applicant’s field experience; and

(c) Confirmation that the applicant met the NCTRC requirements for field experience that were in effect at the time the applicant completed the field experience.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1404.04 Additional {#sec-plc-1404.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1404.04}

Documentation Required for Initial License Application. In addition to the information and documentation required by Plc 304.04, the applicant shall submit proof of completion of the proctored examination administered by the NCTRC, which may be provided by submitting a copy of the applicant’s NCTRC certification.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1404.05 Processing of Applications for Initial Licensure; Decisions {#sec-plc-1404.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1404.05}

(a) Within 30 days of receipt of an application for initial licensure submitted pursuant to Plc 1404.02, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h) and the withdrawal provisions of Plc 304.07.

(c) After determining that an application is complete, the licensing bureau shall review the application in accordance with Plc 304.08.

(d) The licensing bureau shall make a decision and notify the applicant in accordance with Plc 304.09, subject to (e), below.

(e) The licensing bureau shall approve an application for initial licensure and issue a license to practice recreational therapy if the applicant:

(1) Has submitted an application that meets the requirements of Plc 1404.02;

(2) Has demonstrated good moral character in the answers to the background and character questions in Plc 304.03(e) and any explanations provided pursuant to Plc 304.04; and

(3) Meets all statutory requirements, as restated in Plc 1404.01.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1404.06 Initial Licenses: Issuance and Duration {#sec-plc-1404.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1404.06}

(a) The OPLC shall issue initial licenses to practice recreational therapy in accordance with Plc 304.11.

(b) Initial licenses shall be valid as provided in Plc 304.12.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1404.08), eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1404.07 Challenging a Denial of Initial Licensure; Challenging License {#sec-plc-1404.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1404.07}

Conditions. An applicant who wishes to challenge the denial of an application for initial licensure or who wishes to challenge conditions included in the license shall do so as provided in Plc 304.10.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1404.09), eff 1-26-26, EXPIRES 1-26-36

Part Plc 1405 Recreational Therapy Students

N.H. Code Admin. R. Ann. Plc 1405.01 Purpose and Applicability {#sec-plc-1405.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1405.01}

(a) The purpose of this part is to implement RSA 326-J:3, I, which authorizes the adoption of rules relative to allowing students enrolled in approved schools or courses for recreational therapy to perform recreational therapy incidental to their courses of study or supervised work.

(b) This part shall apply to:

(1) Any educational institution that offers courses or programs that include internships to educate and train individuals who wish to become licensed recreational therapists; and

(2) Any individual enrolled in a course or program to be educated and trained in recreational therapy.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1405.02 Student Internships Allowed {#sec-plc-1405.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1405.02}

(a) An individual may engage in activities normally undertaken by a licensed recreational therapist as an internship, without obtaining a license under RSA 326-J or Plc 1400, if the individual is enrolled in a course or program to be educated and trained in recreational therapy that is offered by an educational institution that meets the requirements of Plc 1405.03.

(b) Nothing in these rules shall be construed as prohibiting payment to a student intern for work done during an internship.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1405.03 Requirements for Educational Institutions {#sec-plc-1405.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1405.03}

To qualify as an educational institution that is authorized to allow students to engage in activities normally undertaken by a licensed recreational therapist as an internship, the institution shall:

(a) Be accredited to offer educational programs by the applicable accreditation authority in the jurisdiction in which the programs are offered or by a federal accrediting agency, or both; and

(b) Offer courses or programs for recreational therapy that include internships and are accredited by the NCTRC.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

Part Plc 1406 Licensee Obligations; Continuing Competence

N.H. Code Admin. R. Ann. Plc 1406.01 Licensee Obligations to Notify {#sec-plc-1406.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.01}

Each licensee shall comply with Plc 307.02 relative to required notifications, updates of contact information, and providing information on how complaints can be filed.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.02 Licensee Responsibilities for Renewal {#sec-plc-1406.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.02}

Each licensee shall:

(a) Know when the licensee’s license is due to expire; and

(b) File an application for renewal prior to the expiration of the current license in accordance with Plc 1407 if the licensee wishes to continue to practice in New Hampshire.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.03 Maintenance of NCTRC Certification Required {#sec-plc-1406.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.03}

(a) Each licensee shall comply with the requirements for maintaining certification established by the NCTRC.

(b) Each licensee shall maintain continuous NCTRC certification during a licensure period.

(c) If a licensee’s NCTRC certification is revoked or suspended by the NCTRC, or if the certification expires, the licensee shall:

(1) Notify the licensing bureau within 10 working days; and

(2) Not engage in recreational therapy for compensation in New Hampshire unless and until reobtaining NCTRC certification and a license under RSA 326-J and Plc 1400.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.04 Continuing Competence Required {#sec-plc-1406.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.04}

(a) As required by RSA 326-J:6, I(b), to be eligible for license renewal a licensee shall complete a minimum of 30 hours of continuing education in formal courses and other activities that meet applicable requirements.

(b) As provided in RSA 326-J:6, II, any continuing education program that meets the recertification standards of the NCTRC shall be deemed approved by the executive director.

(c) Continuing education courses taken to satisfy NCTRC requirements for recertification shall count towards the required 30 hours at the same number of hours assigned by the NCTRC.

(d) All of the required hours shall be in topics related to the profession of recreational therapy, and at least 20 hours of the required hours shall be taken in professional courses or professional activities having as their subject one or more of the NCTRC job analysis knowledge domains.

(e) Continuing competence shall be maintained through the following continuing professional education and professional activities:

(1) Successful completion of academic course work, as further described in Plc 1406.06;

(2) Successful completion of live programming given by IACET-approved providers, as further described in Plc 1406.07;

(3) Participation in facility-based in-service training including grand rounds, as further described in Plc 1406.08;

(4) Publication of an article in a professional journal, as further described in Plc 1406.09;

(5) Self-directed education, as further described in Plc 1406.10;

(6) Participation as a member in the work of professional boards and committees, as further described in Plc 1406.11;

(7) Direct supervision of recreation therapy interns, as further described in Plc 1406.12;

(8) Attainment of special certifications, as further described in Plc 1406.13; and

(9) Professional presentations, as further described in Plc 1406.14.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.05 Documentation Requirements; Audits {#sec-plc-1406.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.05}

Licensees shall comply with the continuing education recordkeeping requirements in, and shall be subject to the audit provisions of, Plc 308.04.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.06 Academic Coursework in Recreation Therapy {#sec-plc-1406.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.06}

(a) A licensee may claim credit towards the continuing competence requirement for successful completion of academic course work in recreation therapy if the course work is:

(1) Presented as live programming;

(2) Sponsored and assigned credit by a college or university that is accredited by the Council for Higher Education Accreditation or any other accrediting body recognized by the U.S. Secretary of Education as a reliable authority concerning the quality of education or training offered by the institutions of higher education or higher education programs they accredit, as listed on https://www2.ed.gov/admins/finaid/accred/index.html; and

(3) Related to one or more of the NCTRC knowledge domains.

(b) The licensee may claim 5 hours for each credit hour of academic course work described in (a), above, to a maximum of 15 hours per renewal cycle.

(1) An official transcript showing successful completion of the course, the date of the course, and the credits assigned by the college or university; and

(2) One of the following descriptions of the course:

a. The description of the course copied from the college or university catalogue; or

b. The course syllabus or outline that includes a description of the course and the course competencies.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.07 Non-Academic Education Programs in Recreation Therapy Given by IACET-Approved Providers {#sec-plc-1406.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.07}

(a) A licensee may claim credit towards the continuing competence requirement for successful completion of live programming given by a provider approved by IACET, provided that the program is related to one or more of the NCTRC knowledge domains.

(b) The licensee may claim the same number of hours attributed to the program by its provider.

(c) Documentation of a licensee’s successful completion of a non-academic education program in recreation therapy given by a IACET-approved provider shall be:

(1) A certificate showing:

a. The title of the program or, if the title does not characterize the program, a description of the program’s content;

b. Evidence of IACET approval of the provider, which may comprise information, including advertising or registration materials, that state the provider is IACET-approved;

c. The hours of continuing education credited by the provider;

d. The name of the licensee;

e. The name of each instructor; and

f. The date(s) of the licensee’s program attendance; or

(2) A written statement that:

a. Provides the information required by (1), above; and

b. Is signed and dated by the instructor of the program.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.08 Participation in Facility-Based Recreation Therapy In-Service Training, Including Grand Rounds {#sec-plc-1406.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.08}

(a) A licensee may claim credit towards the continuing competence requirement for participation as a speaker or attendee at a facility-based recreational therapy in-service training, including grand rounds, if the in-service training:

(1) Includes a scheduled speaker; and

(2) Is on a specific topic related to one or more of the NCTRC knowledge domains.

(b) The licensee may claim one hour for each clock hour of such participation, to a maximum of 10 hours per renewal cycle.

(c) Documentation of a licensee’s participation in facility-based recreation therapy in-service training, including grand rounds, shall be a written statement on the letterhead of the facility that shows:

(1) The name of the licensee;

(2) The title of the in-service training or grand round;

(3) The date and the total number of hours of the in-service training or grand round; and

(4) The printed name and signature of the licensee’s supervisor at the facility or of the instructor of the in-service training or grand round.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.09 Publication of an Article in a Professional Journal {#sec-plc-1406.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.09}

(a) A licensee may claim credit towards the continuing competence requirement for publication of an article in a professional journal.

(b) The licensee may claim no more than 10 contact hours per renewal cycle in accordance with the following:

(1) For a peer-reviewed article:

a. If the licensee was the sole or primary author, 6 contact hours; and

b. If the licensee was a co-author or secondary author, 3 contact hours; and

(2) For a non-peer reviewed article:

a. If the licensee was the sole or primary author, 4 contact hours; and

b. If the licensee was a co-author or secondary author, 2 contact hours.

(1) A copy of:

a. The publication or its title page showing the licensee’s authorship;

b. The table of contents of the journal; and

c. The publication date of the journal; or

(2) If publication of the article is still in progress, the journal publisher’s letter of acceptance of the article with a copy of the article.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.10 Self-Directed Education {#sec-plc-1406.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.10}

(a) A licensee may claim credit towards the continuing competence requirement for successful completion of courses that meet the definition of “self-directed education” in Plc 1402, provided that the courses are related to one or more of the NCTRC knowledge domains.

(b) The licensee may claim the same number of hours attributed by the sponsor or provider of the course.

(c) Documentation of a licensee’s successful completion of courses taken through self-directed education shall be a certificate of completion that shows:

(1) The name of the licensee;

(2) The course title and description;

(3) The name and address of the sponsor or provider of the course;

(4) The name and professional credentials of the course instructor;

(5) The number of hours attributed by the sponsor or provider to completion of the course; and

(6) The date the licensee completed the course.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.11 Participation in the Work of Professional Boards and Committees {#sec-plc-1406.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.11}

(a) A licensee may claim credit towards the continuing competence requirement for participating as a member in the work of a board or committee of a professional recreation therapy organization or government agency.

(b) The licensee may claim 5 hours for each board or committee served, to a maximum of 10 hours per renewal cycle.

(c) Documentation of a licensee’s participation as a member in the work of a board or committee of a professional recreation therapy organization or government agency shall be a dated letter on the organization’s letterhead confirming the licensee’s membership and the approximate total hours of the licensee’s service, signed by:

(1) The president, head, or chair of the board or committee; or

(2) If the licensee is the president, head, or chair, 2 or more members of the board or committee.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.12 Direct Supervision of Recreation Therapy Interns {#sec-plc-1406.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.12}

(a) A licensee may claim credit towards the continuing competence requirement for the direct supervision of one or more recreation therapy interns when the licensee acts as the primary internship supervisor.

(b) The licensee may claim 5 hours per student for such internship supervision, to a maximum of 10 hours per renewal cycle.

(c) Documentation of a licensee’s direct supervision of one or more recreation therapy interns shall be a letter on professional letterhead that:

(1) Is dated and signed by the internship supervisor of the educational institution the student attends;

(2) Identifies the licensee and each intern supervised by the licensee; and

(3) Identifies, by beginning and ending dates, the period(s) during which the licensee performed the direct supervision of each intern.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.13 Special Certifications {#sec-plc-1406.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.13}

(a) A licensee may claim credit towards the continuing competence requirement for receipt during the renewal cycle of a special certification, including:

(1) Certification or re-certification in adult, infant, and child cardio-pulmonary resuscitation issued by the American Heart Association, the American Red Cross, the American Safety and Health Institute, Medic First Aid, or any other nationally-recognized organization providing training in infant, child, and adult cardiopulmonary resuscitation; and

(2) Any other special certification related to recreation therapy issued by a professional organization, accredited college or university, or professional certifying body.

(b) The licensee may claim 5 hours per certification to a maximum of 10 hours per renewal cycle.

(c) Documentation of a licensee’s certification or re-certification in adult, infant, and child cardio-pulmonary resuscitation shall be a photocopy of:

(1) The front and back of a current cardiopulmonary resuscitation certificate, known as basic life skills for healthcare providers, issued by the American Heart Association;

(2) The front and back of a current certificate in adult cardiopulmonary resuscitation issued by the American Red Cross together with a current certificate in infant and child cardiopulmonary resuscitation issued by the American Red Cross; or

(3) The front and back of a current certificate in adult, child, and infant cardiopulmonary resuscitation issued by Medic First Aid, by the American Safety and Health Institute, or by any other nationally recognized organization providing training in infant, child, and adult cardiopulmonary resuscitation.

(d) Documentation of any other special certification shall be a copy of the front and back of the certificate showing:

(1) The licensee’s name;

(2) The date of issuance;

(3) The name of the certifying body; and

(4) The printed name and signature of:

a. The instructor of the course leading to the certification; or

b. A representative of the certifying body.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1406.14 Professional Presentations {#sec-plc-1406.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1406.14}

(a) A licensee may claim credit towards the continuing competence requirement for a professional presentation at a professional symposium, conference, or workshop, provided that:

(1) The licensee is the primary presenter; and

(2) The content of the presentation relates directly to one or more of the NCTRC knowledge domains.

(b) The licensee may claim one hour for each clock hour of the presentation to a maximum of 10 hours per renewal cycle.

(c) The licensee shall not claim credit for multiple or repeat presentations of the same material, provided that the licensee may claim credit for a presentation of the same topic in a subsequent renewal cycle if the licensee has substantially revised the presentation materials.

(d) Documentation of a licensee’s professional presentation at a professional symposium, conference, or workshop shall be:

(1) The printed program of the symposium, conference, or workshop showing:

a. A description of the subject(s) of the presentation;

b. The date of the presentation;

c. The number of hours of the presentation; and

d. If the licensee previously claimed credit for a presentation on the same topic, a written explanation of the revisions made by the licensee to the materials presented; and

(2) A copy of:

a. An evaluation of the presentation;

b. A summary of the evaluations of the presentation;

c. A letter of thanks specifically identifying the presentation and addressed to the licensee; or

d. Any other document confirming that the presentation was completed.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

Part Plc 1407 License Renewal

N.H. Code Admin. R. Ann. Plc 1407.01 Eligibility for License Renewal {#sec-plc-1407.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1407.01}

To be eligible for renewal of a license to practice recreational therapy, an individual shall:

(a) As required by RSA 326-J:6, I:

(1) Have not violated RSA 326-J or rules adopted to implement RSA 326-J or demonstrated poor moral character; and

(2) Meet the continuing competency requirements specified in Plc 1406;

(b) As required by Plc 1406.03, maintain NCTRC certification; and

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1407.02 Notification of Pending License Expiration {#sec-plc-1407.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1407.02}

The licensing bureau shall notify licensees of the pending expiration of their licenses in accordance with Plc 308.03.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1407.03 Application for License Renewal {#sec-plc-1407.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1407.03}

A practitioner who wishes to renew a license shall apply by complying with Plc 308.05, subject to the following:

(a) On or with the “Recreational Therapy Supplement To Universal Application For License Renewal” dated 11/2025, the applicant shall provide:

(1) The documentation required by Plc 1407.04; and

(2) The information and attestation relative to meeting continuing competence requirements required by Plc 1407.05; and

(b) The fee shall be the application processing and licensing fee specified in Plc 1002.46, provided that an applicant who is active military or a military spouse shall not pay the fee.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1407.04 Additional Documentation Required for Renewal Application {#sec-plc-1407.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1407.04}

In addition to the information and documentation required by Plc 308.07, the applicant shall submit documentation of current NCTRC certification with the renewal application.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1407.05 Information and Attestation Relative to Continuing Competence {#sec-plc-1407.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1407.05}

(a) An applicant for renewal of a recreational therapist license shall provide the following information relative to continuing competence:

(1) The total number of hours achieved by the applicant in continuing professional education courses or professional activities since the beginning of the current license term; and

(2) The following information for each continuing professional education course and professional activity for which credit is claimed:

a. The name of the course or activity;

b. The beginning and ending date(s) of the course or activity;

c. The name of the sponsor or provider of the course or activity;

d. The number of clinical hours attributable to the course or activity;

e. The number of non-clinical hours attributable to the course or activity; and

f. The total number of hours attributable to the course or activity.

(b) Submission of the information shall constitute the applicant’s attestation that the applicant has met all continuing competence requirements.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1407.06 Processing of Renewal Applications; Decisions {#sec-plc-1407.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1407.06}

(a) Within 30 days of receipt of an application for license renewal submitted pursuant to Plc 1408.03, the licensing bureau shall process the application as provided in Plc 308.09.

(b) The application shall be subject to the abandonment and withdrawal provisions of Plc 308.10.

(c) The licensing bureau shall review complete applications and notify the applicant of its decision as provided in Plc 308.11 and RSA 541-A:29, II.

(d) The licensing bureau shall issue a renewal license if the applicant:

(1) Has submitted a renewal application in accordance with Plc 1407.03; and

(2) Meets the requirements for renewal stated in Plc 1407.01.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1407.08), eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1407.07 Renewal Licenses: Issuance and Duration {#sec-plc-1407.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1407.07}

(a) The OPLC shall issue renewals of recreational therapist licenses in accordance with Plc 308.13(a).

(b) Renewal licenses shall be valid as provided in Plc 308.13(b).

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1407.09), eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1407.08 Challenging a Denial of License Renewal; Challenging License Conditions {#sec-plc-1407.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1407.08}

An applicant who wishes to challenge the denial of an application for license renewal or who wishes to challenge conditions included in the license shall do so as provided in Plc 308.12.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442 (formerly Plc 1407.10), eff 1-26-26, EXPIRES 1-26-36

Part Plc 1408 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 1408.01 Applicability {#sec-plc-1408.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1408.01}

(a) The standards in this part shall apply to each individual who applies to be licensed under RSA 326-J or who is licensed under RSA 326-J.

(b) Violations of these standards shall constitute unprofessional conduct that subjects the violator to disciplinary proceedings pursuant to Plc 1409.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1408.02 ATRA Code of Ethics for Recreational Therapists {#sec-plc-1408.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1408.02}

All recreational therapists shall comply with the Code of Ethics of the American Therapeutic Recreation Association (ATRA) dated July 2009, available as noted in Appendix B.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1408.03 Professional Obligations {#sec-plc-1408.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1408.03}

Each person subject to this chapter shall:

(a) Comply with RSA 326-J, Plc 300, and Plc 1400;

(b) Comply with any disciplinary or remedial orders issued by the executive director within the specified time period(s);

(d) Not misrepresent professional qualifications or credentials;

(e) Cooperate with inspections and with lawful investigations by the executive director;

(f) Treat all individuals with whom the person interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the practitioner-patient relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by the patient or colleague;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(i) Not discriminate based on age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, physical or mental disability, or national origin.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

Part Plc 1409 Procedures; Obtaining a License After Expiration, Suspension, Revocation, or Lapse

N.H. Code Admin. R. Ann. Plc 1409.01 Rules of Practice and Procedure {#sec-plc-1409.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1409.01}

(a) The rules in Plc 200 and Plc 311 shall govern:

(1) The receipt of misconduct complaints and the investigation thereof;

(2) The conduct of disciplinary hearings;

(3) Disciplinary and non-disciplinary remedial proceedings;

(4) Imposing license conditions;

(5) Reciprocal discipline; and

(6) Rehearings and appeals.

(b) The rules in Plc 200 shall govern:

(1) The conduct of all other adjudicative and non-adjudicative proceedings;

(2) Waivers of rules;

(3) Voluntary surrender of licenses; and

(4) Any other procedures not included in this chapter.

History

(See Revision Note at chapter heading for Plc 1400) #13705, eff 8-1-23; ss by #14442, eff 1-26-26, EXPIRES 1-26-36

N.H. Code Admin. R. Ann. Plc 1409.02 Obtaining a License After Expiration, Revocation, Suspension, or Lapse {#sec-plc-1409.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1409.02}

(a) The holder of a license that has expired but has not lapsed, or that was revoked, who wishes to resume practice shall apply for reinstatement in accordance with Plc 312.

(b) The holder of a license that was suspended but has not lapsed shall apply for restoration of the license in accordance with Plc 312.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Plc 1401

RSA 326-J

Plc 1402

RSA 326-J:1

Plc 1403

RSA 326-J:1-a

Plc 1404

RSA 310:4, II(c); RSA 310:8, I-II; RSA 326-J:5, I & III

Plc 1405

RSA 326-J:3, I

Plc 1406

RSA 326-J:6, I(b)

Plc 1407

RSA 310:8, III-IV; RSA 326-J:6; RSA 326-J:5, II

Plc 1408

RSA 326-J:1-a, II

Plc 1409

RSA 326-J:1-a, II

Appendix B: Document Incorporated by Reference

Rule

Reference Incorporated

Available at:

Plc 1408.02

Code of Ethics of the American Therapeutic Recreation Association (ATRA), dated July 2009

https://www.atra-online.com/code-of-ethics; no cost

Appendix C: Statutory Definition

326-J:1 Definitions. –

III. “Recreational therapy” means a treatment service designed to restore, remediate, and rehabilitate a person's level of functioning and independence in life activities, to promote health and wellness as well as reduce or eliminate the activity limitations and restrictions to participation in life situations caused by an illness or disabling condition.

(a) For purposes of accomplishing therapeutic recreation goals, recreational therapy may include:

(1) Remediating or restoring an individual's participation levels that are limited due to impairment in physical, cognitive, social, or emotional abilities.

(2) Analyzing and evaluating recreational and psychosocial activities to determine the physical, social, and programmatic elements necessary for involvement and modifying those elements to promote full participation and maximization of functional independence.

(3) Using recreational modalities in designed intervention strategies to maximize physical, cognitive, social, or emotional abilities.

(4) Incorporating the individual's interests and the individual's family and community to maximize relevance to the individual's goals.

(5) Promoting the concept of healthy living into treatment strategies to decrease the potential for secondary conditions.

(6) Developing community support and encouraging attitudinal changes to reflect dignity, self respect, and involvement within one's community.

(7) Fostering peer and intergenerational relationships.

(b) Recreational therapy services include, but are not limited to:

(1) Conducting an individualized assessment for the purpose of collecting systematic, comprehensive, and accurate data necessary to determine the course of action and subsequent individualized treatment plan.

(2) Planning and developing the individualized treatment plan that identifies an individual's goals, objectives, and treatment intervention strategies.

(3) Implementing the individualized treatment plan that is consistent with the overall treatment program.

(4) Systematically evaluating and comparing the individual's response to the individualized treatment plan and suggesting modifications as appropriate.

(5) Developing a discharge plan in collaboration with the individual, the individual's family, and other treatment team members.

(6) Identifying, designing, fabricating, applying, or training in the use of, adaptive recreational equipment.

(7) Identifying, applying, and evaluating the use of non-invasive and non-pharmacological approaches to reduce or alleviate pain or manage pain to minimize its impact upon participation.

(8) Identifying, providing, and educating individuals to use resources that support a healthy, active, and engaged life.

(9) Minimizing the impact of environmental constraints as a barrier to participation.

(10) Collaborating with and educating the individual, family, caregiver, and others to foster an environment that is responsive to the needs of the individual.

(11) Consulting with groups, programs, organizations, or communities to improve physical, social, and programmatic accessibility.

History

#14442, eff 1-26-26, EXPIRES 1-26-36
2006, 220:1, eff. July 1, 2007. 2022, 72:4, eff. July 19, 2022.

Chapter Plc 1500 Respiratory Care Practitioners

Part Plc 1506 titled “Respiratory Care Students”, as follows:

N.H. Code Admin. R. Ann. Plc 1506.01 Respiratory Care Practitioners {#sec-plc-1506.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.01}

titled “Purpose and Applicability.”

N.H. Code Admin. R. Ann. Plc 1506.02 Respiratory Care Practitioners {#sec-plc-1506.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.02}

titled “Internships Allowed.”

N.H. Code Admin. R. Ann. Plc 1506.03 Respiratory Care Practitioners {#sec-plc-1506.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.03}

titled “Requirements for Approved Courses and Programs.”

N.H. Code Admin. R. Ann. Plc 1508.09 Respiratory Care Practitioners {#sec-plc-1508.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.09}

titled “Challenging a Conditional Denial of License Renewal.”

Document #13621 also extensively amended Part Plc 1511 titled “Management of Respiratory Care Equipment”, replacing Plc 1511.01 titled “Assignment of Routine Tasks” and Plc 1511.02 titled “Delivery of Respiratory Care Equipment”, with Plc 1511.01 titled “Purpose”, Plc 1511.02 titled “Definitions”, and Plc 1511.03 titled “Management of Respiratory Care Equipment.”

The existing rules in Document #13496 that were deleted in Document #13621, based on the adoption of standard licensing procedures in Plc 300 in Document #13606, effective 5-1-23, included the following rules:

N.H. Code Admin. R. Ann. Plc 1504.06 Respiratory Care Practitioners {#sec-plc-1504.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.06}

titled “Signature and Certification Required for Initial License Application.”

Part Plc 1506 titled “Temporary Licenses”, as follows:

N.H. Code Admin. R. Ann. Plc 1506.01 Respiratory Care Practitioners {#sec-plc-1506.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.01}

titled “Availability of Temporary Licenses.”

N.H. Code Admin. R. Ann. Plc 1506.02 Respiratory Care Practitioners {#sec-plc-1506.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.02}

titled “No More than One Temporary License.”

N.H. Code Admin. R. Ann. Plc 1506.03 Respiratory Care Practitioners {#sec-plc-1506.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.03}

titled “Requirements for Temporary License.”

N.H. Code Admin. R. Ann. Plc 1506.04 Respiratory Care Practitioners {#sec-plc-1506.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.04}

titled “Information Required on Application for Temporary License.”

N.H. Code Admin. R. Ann. Plc 1506.05 Respiratory Care Practitioners {#sec-plc-1506.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.05}

titled “Issuance and Expiration of Temporary Licenses; Obligations of

Temporary Licensees.”

N.H. Code Admin. R. Ann. Plc 1508.04 Respiratory Care Practitioners {#sec-plc-1508.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.04}

titled “Information Required for Renewal Application.”

N.H. Code Admin. R. Ann. Plc 1508.07 Respiratory Care Practitioners {#sec-plc-1508.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.07}

titled “Signature and Certification Required for Renewal Application.”

REVISION NOTE #3:

The Executive Director of the OPLC adopted, readopted with amendment, readopted with amendment and renumbered, and repealed various rules in Chapter Plc 1500 in Document #13839, effective 12-28-23. The rules adopted were Plc 1502.26 defining “self-directed study program” and Plc 1507.18 titled “Completing Self-Directed Study Program.” The adoption of Plc 1502.26 necessitated the renumbering, but not readoption, of the existing rule Plc 1502.26 defining “working day” as Plc 1502.27.

The existing rule Plc 1505.01 titled “Competence Requirements for Conditional Licenses” was readopted with amendment and renumbered as Plc 1504.13 and re-titled “Competence Requirements”. Document #13839 had mistakenly stated that the existing rule Plc 1505.01 was titled “Definition”, defined “managing RCP”, and was repealed. However, Plc 1505.01 titled “Definition” was initially proposed as a new rule but was subsequently deleted by the OPLC from the proposed rules during the rulemaking process.

The existing rules Plc 1505.02 through Plc 1505.09, titled as follows, were repealed by Document #13839, and the number Part Plc 1505, formerly titled “Conditional Licenses”, was reserved.

Part Plc 1505 titled “Conditional Licenses”

N.H. Code Admin. R. Ann. Plc 1505.02 Respiratory Care Practitioners {#sec-plc-1505.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1505.02}

titled “Conditional Licenses; Supervision”

N.H. Code Admin. R. Ann. Plc 1505.03 Respiratory Care Practitioners {#sec-plc-1505.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1505.03}

titled “Supervision Form”

N.H. Code Admin. R. Ann. Plc 1505.04 Respiratory Care Practitioners {#sec-plc-1505.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1505.04}

titled “Temporary Delegation of Supervisory Responsibilities”

N.H. Code Admin. R. Ann. Plc 1505.05 Respiratory Care Practitioners {#sec-plc-1505.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1505.05}

titled “Requirements for Full Initial Licensure of Conditional Licensees”

N.H. Code Admin. R. Ann. Plc 1505.06 Respiratory Care Practitioners {#sec-plc-1505.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1505.06}

titled “Administrative Obligations of Conditional Licensees”

N.H. Code Admin. R. Ann. Plc 1505.07 Respiratory Care Practitioners {#sec-plc-1505.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1505.07}

titled “Extension of Conditional License When Supervised Practice is Incomplete or Supervisory Letter is Unavailable”

N.H. Code Admin. R. Ann. Plc 1505.08 Respiratory Care Practitioners {#sec-plc-1505.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1505.08}

titled “Extension of Conditional License Pursuant to Supervisor’s Request”

N.H. Code Admin. R. Ann. Plc 1505.09 Respiratory Care Practitioners {#sec-plc-1505.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1505.09}

titled “Expiration, Suspension, and Emergency Suspension of Conditional Licenses”

The prior filings beginning with Document #13496 which affected the repealed rules in the former Part Plc 1505 included the following documents:

#13496, INTERIM, eff 11-27-22 (See Revision Note #1 at chapter heading for Plc 1500)

#13621, eff 5-22-23 (See Revision Note #2 at chapter heading for Plc 1500)

Part Plc 1501 Purpose and Applicability; Sending Notices and Licenses

N.H. Code Admin. R. Ann. Plc 1501.01 Purpose {#sec-plc-1501.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1501.01}

The purpose of this chapter is to implement RSA 326-E relative to regulating respiratory care practitioners, by establishing requirements for:

(a) Obtaining and renewing a license to practice respiratory care;

(b) Obtaining the reinstatement of a license to practice respiratory care that has expired or otherwise been rendered inactive or invalid; and

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1501.02 Applicability {#sec-plc-1501.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1501.02}

This chapter shall apply to any individual who intends to practice or who does actually practice respiratory care in New Hampshire, subject to the exceptions in RSA 326-E:6, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1501.03 Notifications; Issuance of Licenses {#sec-plc-1501.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1501.03}

(a) All notifications sent to applicants and licensees and all licenses issued pursuant to this chapter shall be sent to the applicant’s or licensee’s designated email address.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

Part Plc 1502 Definitions

N.H. Code Admin. R. Ann. Plc 1502.01 Active in the profession {#sec-plc-1502.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.01}

“Active in the profession” means engaging in respiratory care as a direct care provider, an educator, an administrator, or a respiratory care consultant.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.02 Advisory board {#sec-plc-1502.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.02}

“Advisory board” means the advisory board of respiratory care practitioners established pursuant to RSA 326-E:5.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.03 Certified pulmonary function technician (CPFT) {#sec-plc-1502.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.03}

“Certified pulmonary function technician (CPFT)” means “certified pulmonary function technician” as defined in RSA 326-E:1, II, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.04 Criminal records check {#sec-plc-1502.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.04}

“Criminal records check” means the process undertaken by the NH department of safety (NHDOS) that requires live scanned prints to be taken digitally and submitted electronically to the NH criminal records unit and the FBI. The term includes a “criminal history record” but does not include an “online NH criminal conviction check”.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23

N.H. Code Admin. R. Ann. Plc 1502.05 Contact hour {#sec-plc-1502.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.05}

“Contact hour” means a unit of measure of continuing professional education that equals 60 minutes of time unless used as a time-equivalent, such as one contact hour per college credit as in Plc 1507.07(b) or 12 contact hours for passing a specialty exam as in Plc 1507.09(b).

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.05) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.06 Continuing professional education {#sec-plc-1502.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.06}

“Continuing professional education” means structured courses, activities, and experiences that are beyond entry-level preparation for professional licensing and designed to provide advanced or enhanced knowledge in the field of respiratory care. The term includes “continuing education”.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.04) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.07 Cooperate {#sec-plc-1502.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.07}

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.06) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.08 Designated email address {#sec-plc-1502.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.08}

“Designated email address” means the email address provided by an applicant or licensee as the address for the OPLC to use when sending notifications and licenses.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.07) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.09 Direct supervision {#sec-plc-1502.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.09}

“Direct supervision” means supervision through direct and continuous observation of the activities of the individual being supervised.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.08) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.10 Executive director {#sec-plc-1502.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.10}

“Executive director” means the executive director of the office of professional licensure and certification (OPLC) or designee.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.09) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.11 Indirect supervision {#sec-plc-1502.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.11}

“Indirect supervision” means supervision through the supervisor’s review of the treatment progress notes made by the individual being supervised, telephone conversations between the supervisor and the individual being supervised, electronic correspondence between the supervisor and the individual being supervised, or any other form of supervision that is not direct supervision.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.10) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.12 Investigator {#sec-plc-1502.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.12}

“Investigator” means an individual authorized by the executive director to conduct an investigation into allegations of potential violations by a practitioner of applicable provisions in RSA 326-E or Plc 1500, or both.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.11) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.13 License {#sec-plc-1502.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.13}

“License” means “license” as defined in RSA 541-A:1, VIII, namely “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.” For purposes of providing information on professional activities in other jurisdictions, the term includes license, certificate, registration, or any other form of approval required to practice respiratory care in that jurisdiction.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.12) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.14 Licensing bureau {#sec-plc-1502.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.14}

“Licensing bureau” means the organizational unit within the OPLC’s division of licensing and board administration that is responsible for accepting and processing applications.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.13) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.15 Live programming {#sec-plc-1502.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.15}

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.14) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.16 Military spouse {#sec-plc-1502.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.16}

“Military spouse” means an individual who is legally married to an individual who is on active military duty.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23

N.H. Code Admin. R. Ann. Plc 1502.17 On active military duty {#sec-plc-1502.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.17}

“On active military duty” means on active duty in the U.S. armed forces. The term includes “active military”.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23

N.H. Code Admin. R. Ann. Plc 1502.18 National Board for Respiratory Care, Inc. (NBRC) {#sec-plc-1502.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.18}

“National Board for Respiratory Care, Inc. (NBRC)” means “National Board for Respiratory Care, Inc.” as defined in RSA 326-E:1, IV, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.15) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.19 Personal contact information {#sec-plc-1502.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.19}

“Personal contact information” means an individual’s home or personal telephone number, designated email address, home physical address, and home mailing address if different.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23

N.H. Code Admin. R. Ann. Plc 1502.20 Plan of correction {#sec-plc-1502.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.20}

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.16) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.21 Registered polysomnographic technologist (RPSGT) {#sec-plc-1502.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.21}

“Registered polysomnographic technologist (RPSGT)” means “registered polysomnographic technologist” as defined in RSA 326-E:1, VIII, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.17) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.22 Registered pulmonary function technologist (RPFT) {#sec-plc-1502.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.22}

“Registered pulmonary function technologist (RPFT)” means “registered pulmonary function technologist” as defined in RSA 326-E:1, IX, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.18) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.23 Respiratory care {#sec-plc-1502.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.23}

“Respiratory care” means “respiratory care” as defined in RSA 326-E:1, X, reprinted in Appendix C. The term includes “respiratory therapy”.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.19) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.24 Respiratory care educational program {#sec-plc-1502.24 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.24}

“Respiratory care educational program” means “respiratory care educational program” as defined in RSA 326-E:1, XI, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.20) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.25 Respiratory care practitioner {#sec-plc-1502.25 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.25}

“Respiratory care practitioner” means “respiratory care practitioner” as defined in RSA 326-E:1, XII, reprinted in Appendix C.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.21) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.26 Self-directed study program {#sec-plc-1502.26 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.26}

History

#13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1502.27 Working day {#sec-plc-1502.27 omnilex-key=us-nh-regs-official--agency-plc--Plc 1502.27}

“Working day” means any Monday through Friday, excluding days on which state offices are closed in observation of holidays.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1502.22) (see Revision Note #2 at chapter heading for Plc 1500); renumbered by Document #13839 (formerly Plc 1502.26) (see Revision Note #3 at chapter heading for Plc 1500)

Part Plc 1503 Advisory Board

N.H. Code Admin. R. Ann. Plc 1503.01 Advisory Board Members Appointment and Qualifications {#sec-plc-1503.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1503.01}

(a) As required by RSA 326-E:5, the executive director shall establish an advisory board of respiratory care practitioners consisting of 3 members, who shall be licensed respiratory care practitioners.

(b) As provided in RSA 326-E:5:

(1) Each member shall be appointed to a term of 3 years; and

(2) No member shall serve more than 2 consecutive full terms.

(1) Have been certified by the National Board for Respiratory Care, Inc. (NBRC) for at least 3 years preceding the appointment;

(2) Be currently licensed in New Hampshire when appointed and for the duration of the term; and

(3) Have actively practiced in New Hampshire for at least one year immediately preceding appointment to the advisory board.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1503.02 Meetings and Records of Advisory Board {#sec-plc-1503.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1503.02}

(a) The advisory board shall meet at the call of the executive director.

(d) Records of the advisory board shall be maintained by the executive director as required by RSA 91-A.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1503.03 Responsibilities of Advisory Board {#sec-plc-1503.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1503.03}

(a) As provided in RSA 326-E:5, the advisory board shall advise the executive director regarding the implementation of RSA 326-E, including in particular by reviewing and commenting on proposed rules and proposed revisions to rules intended to implement RSA 326-E.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1503.04 Records of Predecessor Board {#sec-plc-1503.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1503.04}

The records of the respiratory care practitioners governing board that existed prior to July 19, 2022, the effective date of Laws of 2022, ch. 72, shall be:

(a) Retained by the executive director in accordance with the retention schedule established pursuant RSA 310-A:1-d, II(e) and available in the frequently asked questions (FAQ) section of the OPLC website at https://www.oplc.nh.gov; and

(b) Available for public review as provided in Plc 100.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

Part Plc 1504 Initial Licensure

N.H. Code Admin. R. Ann. Plc 1504.01 Statutory Qualifications {#sec-plc-1504.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.01}

(a) As required by RSA 326-E:3, I, to qualify for an initial license to practice respiratory care an applicant shall be of good professional character and:

(1) Be a graduate of a respiratory care educational program; or

(2) Have successfully completed and achieved a passing score for the entry level exam administered in English by the NBRC prior to July 31, 1977.

(b) As required by RSA 326-E:3, II and as further explained in Plc 1504.02, an applicant for initial licensure shall also pass a standardized national examination administered in English by the NBRC or by its successor organization.

(c) As required by RSA 326-E:3, III, an applicant for initial licensure shall certify under oath that the applicant is not under investigation by any professional licensing board and that the applicant’s credentials have not been suspended or revoked by any professional licensing board.

(d) As required by RSA 326-E:3, IV, an applicant for initial licensure who has not practiced as a respiratory care practitioner for at least 500 hours per year during the 4 years prior to filing the application shall successfully complete continuing education and continuing competence requirements set forth in Plc 1504.13.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500); ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1504.02 Examination Required {#sec-plc-1504.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.02}

To be eligible for licensure in New Hampshire, an individual shall:

(a) Pass the examination(s) administered in English by the NBRC to earn the certified respiratory therapist (CRT) credential or the registered respiratory therapist (RRT) credential; and

(b) Arrange for the individual’s examination scores to be sent directly to the licensing bureau by the NBRC.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1504.03 Applying for Initial Licensure {#sec-plc-1504.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.03}

(a) Any individual who meets the statutory qualifications as reiterated in Plc 1504.01 and wishes to engage in the practice of respiratory care who is not already licensed in New Hampshire shall file an application for an initial license in accordance with this section.

(b) Each applicant for initial licensure shall submit to the licensing bureau:

(1) A “Universal Application for Initial License” dated April 2023, as tailored for respiratory care licenses, that contains the information specified in Plc 304.03 and Plc 1504.04 and is signed and attested to as specified in Plc 304.05;

(2) The documentation specified in Plc 304.04 and Plc 1504.05 as applicable; and

(3) The application processing and licensing fee specified in Plc 1002.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500); ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1504.04 Information Required for Initial License Application {#sec-plc-1504.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.04}

In addition to the information required by Plc 304.03, the applicant for an initial license to practice respiratory care shall provide the following information:

(a) In addition to the required information about the applicant’s relevant education, whether the program was accredited by the American Medical Association’s Committee on Allied Health Education and Accreditation in collaboration with the Joint Review Committee for Respiratory Therapy Education, by the Committee on Accreditation for Respiratory Care, or by the Commission on Accreditation of Allied Health Education Programs, or a successor organization to any of these organizations, if known;

(b) The date the applicant sat for one of the examinations required by Plc 1504.02(a) and the credential earned; and

(c) The number of hours the applicant has been active in the profession in each of the prior 4 consecutive 12-month periods.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1504.05 Documentation Required for Initial License Application {#sec-plc-1504.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.05}

In addition to the information and documentation required by Plc 304.04, the applicant shall provide the following with an application for initial licensure:

(a) Documentation of current certification by the NBRC; and

(b) If the applicant was previously licensed as a respiratory care practitioner but has not been active in the profession for at least 500 hours per year during the 4 years prior to filing the application, the following proofs of having met the competency requirements of Plc 1504.13:

(1) For the courses described in Plc 1504.13(a), proofs of attendance showing:

a. The name of the applicant;

b. The name or main topic of the course;

c. The beginning and ending dates of the course;

d. The duration of the course in hours; and

e. The signature of a representative of the course sponsor or provider;

(2) For the additional hours required by Plc 1504.13(b), the documentation specified for the program or activity specified in Plc 1507.07 through Plc 1507.18; and

(3) For the NBRC self-assessment examination described in Plc 1504.13(c), the applicant’s scores sent directly to the licensing bureau by the NBRC.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500); ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1504.06 Initial Review of Applications for Initial Licensure; Abandonment {#sec-plc-1504.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.06}

(a) Within 30 days of receipt of an application for initial licensure submitted pursuant to Plc 1504.03, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h).

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1504.07) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1504.07 Withdrawal of Application for Initial Licensure {#sec-plc-1504.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.07}

(a) An applicant may withdraw an application for licensure at any time prior to being notified of a decision under Plc 1504.08, by proceeding in accordance with Plc 304.07.

(b) If the application is withdrawn, the application processing fee shall not be refunded.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1504.08) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1504.08 Review of Complete Applications for Initial Licensure; Decisions {#sec-plc-1504.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.08}

(b) Subject to (c), below, the licensing bureau shall approve an application for initial licensure and issue a license if the applicant:

(1) Has submitted an application that meets the requirements of Plc 1504.03;

(2) Meets the statutory requirements for licensure reiterated in Plc 1504.01; and

(3) Has met the competency requirements of Plc 1504.13, if applicable.

(c) The licensing bureau shall notify the applicant of the decision on the application in writing sent to the applicant’s designated email address.

(d) If the licensing bureau determines that the applicant has not demonstrated that all requirements to obtain a license are met, then:

(1) The licensing bureau shall deny the application; and

(2) The notice sent pursuant to (c), above, shall inform the applicant that the denial shall become final in 30 days unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied in accordance with (d), above, the application processing and licensing fee shall not be refunded.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1504.09) (see Revision Note #2 at chapter heading for Plc 1500); ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1504.09 Challenging a Conditional Denial of Initial Licensure {#sec-plc-1504.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.09}

An applicant who wishes to challenge the conditional denial of an application for initial licensure shall do so as provided in Plc 304.10.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23

N.H. Code Admin. R. Ann. Plc 1504.10 Initial Licenses: Issuance and Duration {#sec-plc-1504.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.10}

(a) Each initial license to practice respiratory care issued by the OPLC shall specify:

(1) The name of the licensee;

(2) The effective date of the license; and

(3) The license number.

(b) An initial license shall:

(2) Expire 2 years from the date the license was issued unless a timely and complete renewal application is filed or the license is sooner suspended or revoked in accordance with Plc 1510; and

(3) Be subject to renewal.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500); ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1504.11 Facilitated Licensing for Active Duty Military and Military Spouses {#sec-plc-1504.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.11}

(a) An applicant for licensure who is on active military duty or who is a military spouse shall apply for licensure as provided in Plc 1504.03, except that no application processing fee shall be required.

(b) Each applicant who applies for facilitated licensing under this section shall be eligible to obtain a facilitated license if the applicant:

(1) Meets the qualifications for licensure summarized in Plc 1504.01; or

(c) Any individual who obtains a facilitated license under this section shall comply with all license renewal requirements specified in Plc 1508 if the individual wishes to continue to work as a recreational therapist in New Hampshire after the term of the initial license.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23

N.H. Code Admin. R. Ann. Plc 1504.12 Temporary License {#sec-plc-1504.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.12}

(a) An applicant for an initial license to practice respiratory care may apply for a temporary license as provided in Plc 305 or Plc 306, as applicable, if the individual is licensed and in good standing in another U.S. jurisdiction having requirements for respiratory care licensure that are substantially the same as, or more stringent than, New Hampshire’s.

(b) The holder of a temporary license shall comply with:

(1) All ethical and professional standards that apply to full licensees; and

(2) Plc 1507.01 relative to required notifications.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23

N.H. Code Admin. R. Ann. Plc 1504.13 Competence Requirements {#sec-plc-1504.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1504.13}

An applicant who was previously licensed but who has not been active in the profession for at least 500 hours per year during the 4 years prior to filing the application shall, within the calendar year immediately preceding the submittal of an application for initial licensure:

(a) Complete 12 contact hours of professional respiratory care courses that are:

(1) Described by the course sponsors or providers as review courses; and

(2) Approved by:

a. The American Medical Association’s Committee on Allied Health Education and Accreditation in collaboration with the Joint Review Committee for Respiratory Therapy Education or successor organizations;

b. The Committee on Accreditation for Respiratory Care or its successor organization;

c. The Commission on Accreditation of Allied Health Education Programs or its successor organization; or

d. The American Association for Respiratory Care (AARC) or its successor organization;

(b) Complete an additional 6 contact hours of continuing education in:

(1) Current treatment or management of infectious diseases;

(2) Advances in the pharmacologic treatment of the cardio-pulmonary system;

(3) New modes of respiratory care; or

(4) Any of the topics authorized for continuing competence credit listed in Plc 1507.04(c) and (d); and

(c) Take and score in the passing range on all parts of the NBRC self-assessment examination designed for the highest NBRC credential the applicant has obtained.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500); ss by #13839, eff 12-28-23 (formerly Plc 1505.01) (see Revision Note #3 at chapter heading for Plc 1500)

Part Plc 1506 Respiratory Care Students

N.H. Code Admin. R. Ann. Plc 1506.01 Purpose and Applicability {#sec-plc-1506.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.01}

(a) The purpose of this part is to formally acknowledge and give effect to the exemption from licensing under RSA 326-E:6, I(a) for students in approved respiratory care programs, to:

(1) Allow students to satisfy supervised clinical education requirements; and

(2) Reassure healthcare providers that students are authorized to work without being licensed.

(b) This part shall apply to:

(1) Any educational institution that offers courses or programs that include clinical rotations to educate and train individuals who wish to become licensed respiratory care practitioners; and

(2) Any individual who is enrolled in a course or program to be educated and trained in respiratory care.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23; ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1506.02 Clinical Rotations Allowed {#sec-plc-1506.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.02}

An individual may engage in activities normally undertaken by a licensed respiratory care practitioner in a clinical rotation, without obtaining a license under RSA 326-E or Plc 1500, if the individual is enrolled in a course or program to be educated and trained in respiratory care that meets the requirements of Plc 1506.03.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23; ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1506.03 Requirements for Approved Courses and Programs {#sec-plc-1506.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1506.03}

To qualify as an approved course or program:

(a) The educational institution that offers the course or program shall be accredited to offer educational programs by the applicable accreditation authority in the jurisdiction in which the programs are offered or by a federal accrediting agency, or both; and

(b) The respiratory care course or program shall meet the definition of “respiratory care education program” in RSA 326-E:1, XI, reprinted in Appendix C.

History

(See Revision Note at chapter heading for Plc 1500) #13621, eff 5-22-23

Part Plc 1507 Licensee Obligations; Continuing Competence

N.H. Code Admin. R. Ann. Plc 1507.01 Licensee Obligations for Notifications and Updates {#sec-plc-1507.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.01}

(a) Each licensee shall notify the licensing bureau within 10 working days when a change of name occurs.

(b) Each licensee shall update the OPLC’s records within 10 working days when a change of personal telephone number or designated email address occurs.

(c) As provided in RSA 326-E:8, VI, each licensee shall update the OPLC’s records of any change in home or business address within 30 days of the change.

(d) Each licensee shall notify the licensing bureau within 10 working days of:

(1) Any disciplinary action, including the imposition of fines or penalties, taken or in process of being taken against the licensee by any jurisdiction in which the licensee is licensed in any profession;

(2) The commencement of any civil action or insurance claim filed against the licensee that alleges malpractice and any decision(s) made in such civil actions or insurance claims; and

(3) Conviction without annulment in any jurisdiction of any felony that:

a. Constitutes a sexual offense as defined in the convicting jurisdiction;

b. Constitutes a violation of controlled substance law; or

c. Is based on:

Injury or the potential for injury to a victim;
Any form of theft that would be covered in New Hampshire by RSA 637; or
Any form of crime involving dishonesty, including but not limited to fraud, blackmail, extortion, graft, hoax, misrepresentation, or forgery.

(e) Each licensee shall know, and have available in the licensee’s office or other place of business, information regarding how complaints can be filed with the OPLC.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500) ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.02 Licensee Responsibilities for Renewal {#sec-plc-1507.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.02}

Each licensee shall:

(a) Know when the licensee’s license is due to expire; and

(b) Except for holders of a temporary license or conditional license, file an application for renewal prior to the expiration of the current license in accordance with Plc 1508 if the licensee wishes to continue to practice in New Hampshire.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500) ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.03 Maintenance of NBRC Credential(s) Required {#sec-plc-1507.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.03}

(a) Each licensee shall comply with the requirements for maintaining NBRC credential(s).

(b) Each licensee shall maintain continuous NBRC credentials during a licensure period.

(c) Any continuing education meeting the requirements of the NBRC shall qualify as meeting the continuing competence requirements in Plc 1507.04.

(d) If a licensee’s NBRC credential(s) is or are revoked or suspended by the NBRC, or if the credential(s) expire(s), the licensee shall:

(1) Notify the licensing bureau within 10 working days; and

(2) Not engage in respiratory care practice for compensation in New Hampshire unless and until reobtaining NBRC credential(s) and a license under RSA 326-E and Plc 1500.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.04 Continuing Professional Competence Requirements {#sec-plc-1507.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.04}

(a) Unless receiving a waiver pursuant to Plc 1507.06 based on active military service, a licensee intending to renew licensure shall engage in continuing professional education by completing 12 contact hours of continuing competence activities for the 2-year license period in accordance with (b) through (d), below.

(b) At least half of the contact hours required by (a), above, shall relate directly and primarily to the clinical application of respiratory care.

(1) How to teach respiratory care;

(2) Respiratory care supervision and consultation skills;

(3) Respiratory care curriculum development;

(4) Trans-disciplinary issues or skills applicable to respiratory care;

(5) Respiratory care administration and management;

(6) Respiratory care research;

(7) Extracorporeal membrane oxygenation (ECMO); or

(8) Other continuing professional education similarly not related directly and primarily to the clinical application of respiratory care, including but not limited to development of leadership skills and training in emergency management.

(d) Continuing competence credit shall be accumulated through participating in any continuing competence program accepted by the NBRC and any of the following activities:

(1) Successful completion of a college-level course related to respiratory care, as further described in Plc 1507.07;

(2) Successful completion of live programming such as courses, programs, workshops, and seminars, as further described in Plc 1507.08;

(3) Passing specialty examinations, as further described in Plc 1507.09;

(4) Public professional presentations relating to respiratory care, as further described in Plc 1507.10;

(5) Participation in a respiratory care research project, as further described in Plc 1507.11;

(6) Taking and passing courses for initial or renewal certification, as further described in Plc 1507.12;

(7) Participation as an instructor or instructor trainee in one of the courses for initial or renewal certification that qualify under (6), above, as further described in Plc 1507.13;

(8) Teaching a college-level course relating to respiratory care, as further described in Plc 1507.14;

(9) Facility-based respiratory care in-service training, as further described in Plc 1507.15;

(10) Publication of writing related to respiratory care, as further described in Plc 1507.16;

(11) Participation in the work of professional boards and committees, as further described in Plc 1507.17; and

(12) Completing a self-directed study program, as further described in Plc 1507.18.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500); ss by #13689, EMERGENCY RULE, eff 7-20-23; ss by #13839, eff 12-28-23 (See Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.05 Documentation Requirements; Audits {#sec-plc-1507.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.05}

(b) Each licensee shall retain documentation of participating in continuing competence activities as described for the specific course or activity for not less than the current license period and most recent renewal period, provided that documentation may be retained in the on-line system once available.

(1) Randomly selecting 10% of licensees each year to be audited; and

(2) Notifying each selected licensee of the audit by email sent to the licensee’s designated email address.

(e) In response to the notice, a licensee selected for audit shall submit the following to the executive director no later than the date specified in the notice:

(1) The documentation required by Plc 1507.07 through Plc 1507.18, as applicable to the type of activity; or

(2) For any time period covered by the on-line system, a copy of the on-line records, subject to (f), below.

(f) In lieu of submitting a copy of the on-line records, a licensee selected for audit may provide the executive director with direct access to the on-line records.

(g) Failure to submit documentation when directed to do so shall constitute a violation of these rules.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500) ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.06 Waivers of Continuing Professional Education Requirements for Active Military Service {#sec-plc-1507.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.06}

The executive director shall issue the following waivers of the requirements of Plc 1507.04 for licensees on active military duty:

(a) A full waiver of all obligation set forth in Plc 1507.04 for a licensee who:

(1) Is or will be on active military duty for 80% or more of the licensing period; and

(2) Submits a request for the waiver and proof of the obligation to serve active military duty in the form of verification from the Defense Finance and Accounting Service at https://www.dfas.mil/garnishment/verifyservice/; and

(b) A waiver of half of the obligation set forth in Plc 1507.04 for a licensee who:

(1) Is or will be on active military duty for more than 50% but less than 80% of the license period; and

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.07 College-Level Courses Relating to Respiratory Care {#sec-plc-1507.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.07}

(a) A licensee may claim credit towards the continuing competence requirement for successfully completing a college-level course relating to the topics listed in Plc 1507.04(b) and (c), provided that:

(1) The course is given as part of a program or curriculum with the potential to lead to an academic degree higher than that held by the licensee at the time of first eligibility for initial licensure;

(2) The course adds to the professional knowledge or skill of the licensee as shown in a written summary of the new information or skill the licensee acquired during the course; and

(3) The licensee achieves in the course a letter grade of C or better or a numerical grade of 2.00 or better on a 4-point scale, or the equivalent on any other point scale.

(b) The licensee may claim one contact hour for each course credit awarded by the college or university.

(c) Documentation of successful completion of a college-level course relating to the topics listed in Plc 1507.04(b) and (c) shall be:

(1) An official transcript showing:

a. The name of the course;

b. The date of the course; and

c. The grade assigned to the licensee;

(2) One of the following descriptions of the course:

a. The description of the course copied from the college or university catalogue; or

b. The course syllabus; and

(3) The licensee’s written summary of the new information or skill that the licensee acquired by taking the course.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500); ss by #13689, EMERGENCY RULE, eff 7-20-23; ss by #13839, eff 12-28-23 (See Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.08 Courses, Programs, Workshops, and Seminars {#sec-plc-1507.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.08}

(a) A licensee may claim credit towards the continuing competence requirement for successfully completing live programming such as courses, programs, workshops, and seminars that are:

(1) Any course or program approved or sponsored by AARC;

(2) Non-AARC courses, workshops, and seminars that are:

a. Related to the topics listed in Plc 1507.04(b) and (c); and

b. Sponsored or provided by any statewide, regional, or national professional respiratory care organization or any federal agency, including but not limited to the Federal Emergency Management Agency; or

(3) Non-AARC courses that are:

a. Related to the topics listed in Plc 1507.04(b) and (c); and

b. Approved by the accreditation council for continuing education of the American Medical Association, the American Heart Association, or the American Academy of Pediatrics.

(b) The licensee may claim as credit for completing a course, program, workshop, or seminar described in (a), above, the same number of contact hours attributed to it by the provider or sponsor.

(1) The licensee’s name;

(2) The name and location of the course or program;

(3) The name of the provider or sponsoring entity;

(4) The beginning and ending date(s) of the course or program;

(5) The name of each speaker or instructor;

(6) The number of hours credited by the provider or sponsoring entity; and

(7) The printed name and signature of the speaker, instructor, or representative of the provider or sponsoring entity.

(d) Documentation of successful completion of a workshop or seminar described in (a), above, shall be the licensee’s certificate of completion.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500); ss by #13689, EMERGENCY RULE, eff 7-20-23; ss by #13839, eff 12-28-23 (See Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.09 Specialty Examinations {#sec-plc-1507.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.09}

(a) A licensee may claim credit towards the continuing competence requirement for passing any of the following specialty examinations that the licensee has not previously passed, provided the examination is for credentials that are a more advanced category than the licensee currently holds:

(1) NBRC registered respiratory therapist examination;

(2) NBRC pulmonary function technologist examination;

(3) NBRC neonatal and pediatric respiratory care specialty examination;

(4) NBRC sleep disorders testing and therapeutic intervention respiratory care specialist examination;

(5) NBRC adult critical care specialist examination;

(6) Extracorporeal Life Support Organization (ELSO) Adult ECMO Certification (E-AEC) examination; and

(7) National Certification Corporation Certified in Neonatal Pediatric Transport (C-NPT) examination.

(b) The licensee may claim 12 contact hours for each specialty examination passed.

(c) Documentation of passing one of the specialty examination described in (a), above, shall be the certifying organization’s notification stating that the licensee passed the examination.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500) ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.10 Public Professional Presentations Relating to Respiratory Care {#sec-plc-1507.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.10}

(a) A licensee may claim credit towards the continuing competence requirement for public professional presentations relating to respiratory care, including at workshops, lectures, and in-service trainings.

(b) The licensee may claim 2 contact hours for each clock hour of a public presentation, to a maximum of 8 contact hours per renewal period, provided that if the licensee gives substantially the same public presentation more than once, the licensee shall claim credit for a single presentation only.

(1) A copy of the official program of the presentation; or

(2) Written verification signed by a representative of the program’s sponsor showing:

a. The title of the presentation;

b. The name of the licensee as presenter;

c. The name of the sponsor’s representative who signed the verification;

d. The date of the presentation;

e. The hours during which the presentation took place; and

f. The type of audience attending the presentation.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.11 Participation in a Respiratory Care Research Project {#sec-plc-1507.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.11}

(a) A licensee may claim credit towards the continuing competence requirement for the licensee’s participation in a respiratory care research project.

(b) The licensee may claim one contact hour for every 4 clock hours spent on a research project, to a maximum of 8 contact hours per renewal cycle.

(c) Documentation of a licensee’s participation in a respiratory care research project shall be a statement signed by either the principal investigator or a representative of the grant sponsor showing:

(1) The name of the research project;

(2) The name of the principal investigator;

(3) The name of the grant sponsor;

(4) The licensee’s role in the research project;

(5) The beginning and ending dates of the licensee’s participation; and

(6) The number of hours spent by the licensee in project participation.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.12 Taking and Passing Courses for Initial or Renewal Certification {#sec-plc-1507.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.12}

(a) A licensee may claim credit towards the continuing competence requirement for taking and passing one or more courses for initial or renewal certification in:

(1) Basic life support for health care providers (BLS), comprising a course for health care providers sponsored by the American Heart Association in the techniques of cardio pulmonary resuscitation;

(2) Advanced cardiac life support (ACLS), comprising a course sponsored by the American Heart Association in the therapeutic interventions used in cases of cardiac arrest;

(3) Pediatric advanced life support (PALS), comprising a course in advanced techniques in the resuscitation of children sponsored by the American Academy of Pediatrics; or

(4) Neonatal resuscitation program (NRP), comprising a course sponsored by the American Academy of Pediatrics in the techniques of resuscitation of newborn babies.

(b) The licensee may claim the following:

(1) For taking and passing a BLS initial certification course, 8 contact hours;

(2) For taking and passing a BLS renewal certification course, 4 contact hours;

(3) For taking and passing an ACLS initial certification course, 16 contact hours;

(4) For taking and passing an ACLS renewal certification course, 8 contact hours;

(5) For taking and passing a PALS initial certification course, 16 contact hours;

(6) For taking and passing a PALS renewal certification course, 8 contact hours;

(7) For taking and passing an NRP initial certification course, 16 contact hours; and

(8) For taking and passing an NRP renewal certification course, 8 contact hours.

(1) The certification card showing that the licensee has taken and passed the course; or

(2) A certificate of course completion issued by the course sponsor.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500) ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.13 Participation as an Instructor or Instructor Trainee in Courses for Initial or Renewal Certification {#sec-plc-1507.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.13}

(a) A licensee may claim credit towards the continuing competence requirement for participation as an instructor or instructor trainee in courses for initial or renewal certification in:

(1) BLS;

(2) ACLS;

(3) PALS; or

(4) NRP.

(b) The licensee may claim the following:

(1) For participation as an instructor or instructor trainee in a BLS initial certification course, 8 contact hours;

(2) For participation as an instructor or instructor trainee in a BLS renewal certification course, 4 contact hours;

(3) For participation as an instructor or instructor trainee in an ACLS initial certification course, 16 contact hours;

(4) For participation as an instructor or instructor trainee in an ACLS renewal certification course, 8 contact hours;

(5) For participation as an instructor or instructor trainee in a PALS initial certification course, 16 contact hours;

(6) For participation as an instructor or instructor trainee in a PALS renewal certification course, 8 contact hours;

(7) For participation as an instructor or instructor trainee in an NRP initial certification course, 8 contact hours; and

(8) For participation as an instructor or instructor trainee in an NRP renewal certification course, 4 contact hours.

(c) Documentation of participation as an instructor in one of the courses listed in (a), above, shall be the course roster showing:

(1) The dates the course was given;

(2) Total number of hours of the course;

(3) The name of each student participant;

(4) The name of the sponsoring organization; and

(5) The instructor’s printed name and signature.

(d) Documentation of participation as an instructor trainee in one of the courses listed in (a), above, shall be:

(1) The materials described in (c), above; and

(2) One of the following documents issued by the sponsoring organization:

a. The certification card; or

b. The certificate of completion as a trainee.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.14 Teaching a College-Level Course Relating to Respiratory Care {#sec-plc-1507.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.14}

(a) A licensee may claim credit towards the continuing competence requirement for preparing to teach and teaching a college-level course relating to respiratory care as continuing professional education.

(b) The licensee may claim 2 contact hours for each hour of credit that would be awarded to a licensee taking the course for continuing professional education credit pursuant to Plc 1507.07, provided that the licensee shall claim credit only once for preparing and teaching the course unless the licensee substantially revises the course for later presentations.

(1) A statement signed by an administrative official of the college or university that reports:

a. The name of the course;

b. Verification that the course was prepared and taught by the licensee; and

c. The credit hours given by the college or university to students successfully completing the course; and

(2) One of the following descriptions of the course:

a. The description of the course copied from the college or university catalogue; or

b. The course syllabus.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.15 Facility-Based Respiratory Care In-Service Training {#sec-plc-1507.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.15}

(a) A licensee may claim credit towards the continuing competence requirement for participation in, or attendance at, a facility-based respiratory care in-service training consisting of a presentation or exchange of information at a meeting specifically scheduled as in-service training.

(b) The licensee may claim one contact hour for each clock hour of participation or attendance, to a maximum of 4 contact hours per renewal cycle.

(c) Documentation of participation in facility-based respiratory care in-service training shall be a memo signed by the respiratory care supervisor or general supervisor of the facility showing:

(1) The licensee’s name;

(2) The name of the facility and the topic of the in-service training;

(3) The name of the primary speaker or instructor; and

(4) The date of the in-service training and the licensee’s hours of attendance.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

(a) A licensee may claim credit towards the continuing competence requirement for publication of writing related to respiratory care, including books, peer-reviewed and non-peer-reviewed chapters of books, and peer-reviewed and non-peer-reviewed articles.

(b) The licensee may claim no more than 12 contact hours per renewal cycle in accordance with the following:

(1) For a book:

a. If the licensee was the sole or primary author, 12 contact hours; and

b. If the licensee was a co-author or secondary author, 6 contact hours;

(2) For a peer-reviewed chapter of a book or a peer-reviewed article:

a. If the licensee was the sole or primary author, 6 contact hours; and

b. If the licensee was a co-author or secondary author, 3 contact hours; and

(3) For a non-peer reviewed chapter or article:

a. If the licensee was the sole or primary author, 4 contact hours; and

b. If the licensee was a co-author or secondary author, 2 contact hours.

(1) The title of the writing;

(2) The date of publication;

(3) A statement of whether the writing was peer-reviewed; and

(4) Whether the licensee was a sole or primary author of the published writing.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.17 Participation in the Work of Professional Respiratory Care Boards and Committees {#sec-plc-1507.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.17}

(a) A licensee may claim credit towards the continuing competence requirement for participating as a member of a board or committee of a professional respiratory care organization or government agency.

(b) The licensee may claim 2 contact hours per renewal cycle for each board or committee on which the licensee served for more than half of the renewal cycle, to a maximum of 6 hours per renewal cycle.

(c) Documentation of participation in the work of a professional respiratory care board or committee shall be a letter conforming to (d), below, that was issued by:

(1) The authority appointing the licensee to the board or committee; or

(2) The chair or chair-equivalent of the board or committee, provided that if the licensee is the chair or chair-equivalent, the letter shall be signed by not less than 2 other members of the board or committee.

(d) The letter shall:

(1) State the date the licensee was appointed to the board or committee;

(2) Describe the purpose and function of the board or committee;

(3) Describe the extent of the licensee’s participation in the meetings and activities of the board or committee;

(4) If the licensee’s appointment has ended, state the ending date of the licensee’s service; and

(5) Show the printed name of each individual who signs the letter.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1507.18 Completing Self-Directed Study Programs {#sec-plc-1507.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 1507.18}

(a) A licensee may claim credit towards the continuing competence requirement for successfully completing a self-directed study program relating to the topics listed in Plc 1507.04(b) and (c), provided that:

(1) The program adds to the professional knowledge or skill of the licensee; and

(2) The licensee passes the examination given at the end of the program.

(b) The licensee may claim as credit for completing a self-directed study program the same number of contact hours attributed to it by the provider or sponsor.

(1) The licensee’s name;

(2) The name of the course or program and the standard duration of the program, in hours;

(3) The name of the provider or sponsoring entity;

(4) The date the licensee completed the program;

(5) The number of hours credited by the provider or sponsoring entity; and

(7) Confirmation that the licensee passed the examination at the end of the program.

History

#13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

Part Plc 1508 License Renewal and Reinstatement

N.H. Code Admin. R. Ann. Plc 1508.01 Eligibility for License Renewal {#sec-plc-1508.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.01}

To be eligible for renewal of a license to practice respiratory care, an individual shall have:

(a) Maintained NBRC credential(s);

(b) Accrued the hours of continuing education required by Plc 1507.04;

(d) Not been determined through an adjudicative process of having violated this chapter or the licensure requirements of any other jurisdiction in which the licensee is currently licensed;

(e) Not been convicted in the prior 27 months of any misdemeanor or felony arising from circumstances that demonstrate poor professional character; and

(f) Meet the eligibility for renewal criteria specified in Plc 308.02.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500) ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.02 Notification of Pending License Expiration {#sec-plc-1508.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.02}

(a) At least 60 days prior to the expiration of a license issued pursuant to RSA 326-E and Plc 1500 or rules of the predecessor board, the licensing bureau shall:

(1) Notify, in writing to the licensee’s designated email address, each licensee whose license is expiring that:

a. The license is due to expire; and

b. Failure to file a complete and timely application for renewal shall result in the license expiring; and

(2) Include with the notice a copy of the renewal application identified in Plc 1508.03(a) or, when the application becomes available on-line, a registration code for the licensee to use to renew on-line, if a code is necessary for on-line renewal.

(b) A licensee who wishes to renew the license who does not receive an application or registration code shall contact OPLC customer support at CustomerSupport@oplc.nh.gov to obtain an application or code, as applicable.

(c) As provided in RSA 541-A:30, I and RSA 310:8, II, if a timely and complete renewal application is filed, the license shall continue as valid until final action is taken on the application for renewal.

(d) A licensee whose license has expired shall not practice respiratory care in New Hampshire until the license has been reinstated.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500) ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.03 Application for License Renewal {#sec-plc-1508.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.03}

A licensee who wishes to renew the license shall submit to the licensing bureau:

(a) A completed “Universal Application to Renew License” dated April 2023, as tailored for respiratory care licenses, that provides the information required by Plc 308.06 and is signed and attested to as specified in Plc 308.08;

(b) The information and documentation required by Plc 308.07 and Plc 1508.04;

(c) The information and attestation relative to meeting continuing competence requirements, as specified in Plc 1508.05; and

(d) The application processing and licensing fee specified in Plc 1002, provided that active duty military and military spouses shall not pay the renewal application fee.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500) ss by #13839, eff 12-28-23 (see Revision Note #3 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.04 Documentation Required for Renewal Application {#sec-plc-1508.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.04}

In addition to the information and documentation required by Plc 308.07, the applicant shall submit documentation of current NBRC credential(s).

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1508.05) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.05 Information Relative to Continuing Competence {#sec-plc-1508.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.05}

(a) An applicant for renewal of a respiratory care practitioner license shall provide the following information relative to continuing competence:

(1) The total number of hours achieved by the applicant in continuing professional education courses or professional activities since the beginning of the current license term; and

(2) The following information for each continuing professional education course and professional activity for which credit is claimed:

a. The name of the course or activity;

b. The beginning and ending date(s) of the course or activity;

c. The name of the sponsor or provider of the course or activity;

d. The number of clinical hours claimed for the course or activity;

e. The number of non-clinical hours claimed for the course or activity; and

f. The total number of hours claimed for the course or activity.

(b) Submission of the information shall constitute the applicant’s attestation that the applicant has met all continuing competence requirements.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1508.06) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.06 Initial Review of Renewal Applications {#sec-plc-1508.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.06}

Within 30 days of receipt of an application for license renewal submitted pursuant to Plc 1508.03, the licensing bureau shall process the application as provided in Plc 308.09.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1508.08) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.07 Withdrawal or Abandonment of Renewal Applications {#sec-plc-1508.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.07}

(a) An applicant may withdraw an application for license renewal at any time prior to being notified of a decision under Plc 1508.08 as specified in Plc 308.10.

(1) The individual shall not practice recreational therapy in New Hampshire after the last day of the month of expiration, unless and until the individual obtains license reinstatement as provided in Plc 1508.11; and

(2) The application processing fee shall not be refunded.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1508.09) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.08 Review of Complete Applications for Renewal Licensure; Decisions {#sec-plc-1508.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.08}

(a) The licensing bureau shall review complete applications as provided in Plc 308.11.

(b) The licensing bureau shall issue a renewal license if the applicant:

(1) Has submitted a renewal application in accordance with Plc 1508.03 that shows that the applicant meets the requirements for renewal stated in Plc 1508.01; and

(2) Has not been determined through an adjudicative proceeding of having violated any provision(s) of RSA 326-E and Plc 1500.

(c) The licensing bureau shall notify the applicant of the decision on the renewal application in writing sent to the applicant’s designated email address.

(d) If the licensing bureau determines that the applicant has not demonstrated that all requirements to renew a license are met, then:

(1) The licensing bureau shall conditionally deny the application; and

(2) The notice sent pursuant to (c), above, shall inform the applicant that the denial shall become final in 30 days unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied, the license renewal application processing fee shall not be refunded.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1508.10) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.09 Challenging a Conditional Denial of License Renewal {#sec-plc-1508.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.09}

An applicant who wishes to challenge the conditional denial of an application for license renewal shall do so as provided in Plc 308.12.

History

(See Revision Note #2 at chapter heading for Plc 1500) #13621, eff 5-22-23

N.H. Code Admin. R. Ann. Plc 1508.10 Renewal Licenses: Issuance and Duration {#sec-plc-1508.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.10}

(a) Each renewal license to practice respiratory care issued by the OPLC shall specify:

(1) The name of the licensee;

(2) The effective dates of the license; and

(3) The license number.

(b) Renewal licenses shall:

(1) Be valid for 2 years, provided that the timely filing of a complete renewal application shall continue the validity of the license being renewed until final action is taken on the renewal application;

(2) Expire on the last day of the month in which the license was issued unless a timely and complete renewal application is filed or the license is sooner suspended or revoked pursuant to Plc 1510; and

(3) Be subject to renewal biennially.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1508.11) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.11 Reinstatement of a License After Expiration {#sec-plc-1508.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.11}

(a) If a complete application for renewal is not received prior to the expiration date of the license, the license shall be expired pursuant to RSA 310-A:1-h, IV.

(b) An individual whose license has expired shall not practice in New Hampshire unless and until the individual has obtained a license in accordance with RSA 326-E and Plc 1500.

(c) An individual whose license has expired who wishes to obtain a license in New Hampshire shall apply for a renewal license in accordance with Plc 1508, including demonstrating that the applicant has met the requirements for continuing competence specified in Plc 1507.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1508.12) (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1508.12 Reinstatement of a License Previously Suspended or Revoked {#sec-plc-1508.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1508.12}

(a) An individual whose license was suspended pursuant to Plc 1510, or whose license was suspended by the New Hampshire respiratory care practitioners governing board prior to July 19, 2022, who wishes to have the license reinstated shall:

(1) If the request is made before the expiration date of the suspended license, submit a written request to the licensing bureau that demonstrates compliance with all conditions of the suspension order and plan of correction, including completing any additional continuing competence activities and paying any monetary penalties imposed, but not paying an additional fee; or

(2) If the request is made after the expiration date of the suspended license:

a. Submit an application for renewal, including demonstrating that continuing competence requirements have been met;

b. Pay all monetary penalties imposed, if any;

c. Pay the costs associated with the suspension, if imposed pursuant to RSA 310-A:1-m, VI or other applicable law; and

d. Demonstrate that all conditions imposed in the suspension order have been met.

(b) An individual whose license was revoked pursuant to Plc 1510, or whose license was revoked by the New Hampshire respiratory care practitioners governing board prior to July 19, 2022, who wishes to have the license reinstated shall:

(1) Submit an application for renewal licensure in accordance with Plc 1508.03, including demonstrating that the applicant has met the requirements for continuing competence;

(2) Pay all monetary penalties imposed, if any;

(3) Pay the costs associated with the revocation, if imposed pursuant to RSA 310-A:1-m, VI or other applicable law; and

(4) Demonstrate that all conditions imposed in the revocation order and plan of correction have been met.

(c) If the executive director makes a preliminary determination based on the materials submitted by the applicant that the applicant does not qualify for a license or does not qualify for an unrestricted license, the executive director shall initiate an adjudicative proceeding pursuant to Plc 200 to determine whether to deny the application or to reinstate the license with conditions.

(d) A license shall not be granted to an individual who previously held a license whose license was suspended or revoked unless and until the individual has:

(1) Complied with each requirement that is part of the suspension or revocation order;

(2) Paid all monetary penalties imposed and the costs associated with the suspension or revocation, if imposed pursuant to RSA 310-A:1-m, VI or other applicable law; and

(3) Demonstrated that all other requirements for a renewal license have been met.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (formerly Plc 1508.13) (see Revision Note #2 at chapter heading for Plc 1500)

Part Plc 1509 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 1509.01 Applicability of Standards {#sec-plc-1509.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1509.01}

(a) The standards in this part shall apply to each individual who applies to be licensed under RSA 326-E or who is licensed under RSA 326-E.

(b) Violations of these standards shall constitute unprofessional conduct that subjects the violator to disciplinary proceedings pursuant to Plc 1510.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1509.02 AARC Statement of Ethics and Professional Conduct {#sec-plc-1509.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1509.02}

Respiratory care practitioners licensed to practice in New Hampshire shall adhere to the AARC Statement of Ethics and Professional Conduct revised 04/15, available as noted in Appendix B.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1509.03 Additional Licensee Obligations {#sec-plc-1509.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1509.03}

Each individual to whom these standards apply shall:

(a) Comply with RSA 326-E, Plc 307.04 as effective May 1, 2023, reprinted in Appendix D, and Plc 1500;

(b) Obey in good faith, and within any time periods specified, any disciplinary or remedial orders issued by the executive director;

(d) Not misrepresent professional qualifications or credentials;

(e) Cooperate with inspections and with lawful investigations by the OPLC;

(f) Treat all individuals with whom the person interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the practitioner-patient relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by a patient or colleague;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(i) Not discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, or national origin.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

Part Plc 1510 Procedures; Disciplinary Proceedings

N.H. Code Admin. R. Ann. Plc 1510.01 Rules of Practice and Procedure {#sec-plc-1510.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1510.01}

The rules in Plc 200 shall govern:

(a) The receipt of misconduct complaints and the investigation thereof;

(b) The conduct of disciplinary proceedings, including emergency proceedings;

(d) Voluntary surrender of licenses; and

(e) Any other procedures not included in this chapter.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1510.02 Procedures for License Suspension or Revocation {#sec-plc-1510.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1510.02}

(a) If the executive director, after investigation conducted pursuant to Plc 200, determines that credible evidence exists that a licensee has violated a requirement of RSA 326-E or Plc 1500, the executive director shall initiate a disciplinary proceeding pursuant to Plc 200.

(b) After notice and an opportunity for a hearing, the executive director shall:

(1) Require the licensee to participate in a program of continuing education in the area or areas in which the licensee was found to be deficient if, for each violation, the violation was committed unknowingly, the licensee has no prior history of violations, and no harm was threatened or caused by the violation;

(2) Issue a reprimand and require the licensee to submit a plan of correction if, for each violation, the violation was committed negligently, the licensee has no prior history of violations, and no harm was threatened or caused by the violation;

(3) Suspend the license, if any violation was committed negligently, no serious harm was threatened or caused by the violation, and the licensee has been found to have committed one or more additional violations within the preceding 2 years; or

(4) Revoke the license, if:

a. Any violation was committed recklessly or knowingly;

b. Serious harm was caused by any violation; or

c. The licensee fails to comply with the conditions for the removal of a suspension within the time period specified in the suspension order.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1510.03 Conditions of License Suspension or Revocation {#sec-plc-1510.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1510.03}

(a) If a license is suspended or revoked, the licensee shall prepare and submit a plan of correction to address each violation that provided a basis for the disciplinary proceeding.

(b) The executive director shall review the submitted plan of correction and:

(1) Approve the plan, if it:

a. Addresses each violation that provided a basis for the disciplinary proceeding; and

b. Identifies one or more specific actions that the license will take and specifies a deadline for taking each action that is reasonable given the nature of the action to be taken; or

(2) Return the plan to the licensee for revision and resubmission if the plan does not meet the requirements for approval specified in (1), above.

(c) A licensee whose license was suspended may request the license to be reactivated after the conditions specified in the suspension order have been met in accordance with Plc 1508.12(a).

(d) An individual whose license has been revoked and who wishes to reapply for a license shall apply as for license reinstatement in accordance with Plc 1508.12(b).

(e) A license shall not be granted to an individual who previously held a license but whose license was revoked unless and until the individual has complied with the requirements on which the revocation was based and has paid the costs associated with the revocation, if imposed pursuant to RSA 310-A:1-m, VI or other applicable law.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

Part Plc 1511 Management of Respiratory Care Equipment

N.H. Code Admin. R. Ann. Plc 1511.01 Purpose {#sec-plc-1511.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1511.01}

The purpose of this part is to implement RSA 326-E:9 by identifying the personnel other than licensed respiratory care practitioners who shall be authorized to manage respiratory care equipment.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1511.02 Definitions {#sec-plc-1511.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1511.02}

For purposes of this part, the following definitions shall apply:

(a) “Health care organization” means any organization that provides health care services, including but not limited to a hospital, urgent care facility, hospice, home healthcare agency, nursing home, medical office, assisted living facility, or home medical equipment provider.

(b) “Management of respiratory care equipment” means the handling of respiratory care equipment prior to or after its use, or in conjunction with delivery of the equipment to a user, including but not limited to assembly, disassembly, cleaning, sterilizing, and maintenance;

(c) “Respiratory care equipment” means medical equipment and associated supplies designed for the treatment of respiratory and respiratory-related health problems and the administration of respiratory care, including but not limited to primary gas systems, gas regulating devices, oxygen controllers, humidifiers, nebulizers, oxygen administering devices, oxygen analyzers, manual resuscitators, and monitoring and measuring equipment; and

(d) “Respiratory equipment technician” means an individual who has been trained and competency assessed in the management of respiratory care equipment in accordance with requirements that meet Medicare, Medicaid, and other regulatory accreditation requirements applicable to the health care organization that employs the respiratory equipment technician. The term includes “respiratory assistant” and “respiratory aide”.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1511.03 Management of Respiratory Care Equipment {#sec-plc-1511.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1511.03}

(a) A respiratory equipment technician shall, within the scope of the individual’s employment:

(1) Engage in the management of respiratory care equipment; and

(2) Deliver respiratory care equipment to the user of the equipment, including setting up the equipment and providing calibration or instruction, or both.

(b) The management of respiratory care equipment by a respiratory equipment technician shall not constitute the unauthorized practice of respiratory care.

History

(See Revision Notes #1 and #2 at chapter heading for Plc 1500) #13621, eff 5-22-23)

Part Plc 1512 Polysomnographic Technologists

N.H. Code Admin. R. Ann. Plc 1512.01 Practice Locations {#sec-plc-1512.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1512.01}

Pursuant to RSA 326-E:6, I(e) a registered polysomnographic technologist shall engage in the limited scope of practice described in Plc 1512.02 only in a diagnostic laboratory or research setting.

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)

N.H. Code Admin. R. Ann. Plc 1512.02 Registered Polysomnographic Technologist Limited Scope of Practice {#sec-plc-1512.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1512.02}

(a) Registered polysomnographic technologists shall monitor and record physiologic data during the evaluation of sleep-related disorders only in a diagnostic laboratory or research setting for the tasks described in paragraph (b), below.

(b) Registered polysomnographic technologists shall monitor and record physiologic data using the following tasks under the direct or indirect supervision of a New Hampshire licensed physician:

(1) Supplemental oxygen therapy, less than 10 liters per minute utilizing nasal cannula, positive airway pressure (PAP), or bi-level positive airway pressure (BiPAP) during a polysomnogram;

(2) Capnography or other measures of carbon dioxide during a polysomnogram;

(3) Cardiopulmonary resuscitation;

(4) Pulse oximetry;

(5) Gastroesophageal pH monitoring;

(6) Esophageal pressure monitoring;

(7) Sleep staging, including surface electroencephalography, surface electrooculography, and surface submental electromyography;

(8) Surface electromyography;

(9) Electrocardiography;

(10) Respiratory effort monitoring, including thoracic and abdominal movement;

(11) Plethysmography blood flow;

(12) Snore monitoring;

(13) Audio or video monitoring of movement and behavior during sleep;

(15) Nasal and oral airflow monitoring;

(15) Body temperature monitoring;

(16) Monitoring the effects that a mask or oral appliance used to treat sleep disorders has on sleep patterns, provided that the mask or oral appliance does not extend into the trachea or attach to an artificial airway;

(17) Observing and monitoring physical signs and symptoms, general behavior, and general physical response to polysomnographic evaluation and determining whether initiation, modification, or discontinuation of a treatment regimen is warranted;

(18) Analyzing and scoring data collected during the monitoring described in (17), above, for the purpose of assisting a licensed physician in the diagnosis and treatment of sleep and wake disorders that result from developmental defects, the aging process, physical injury, disease, or actual or anticipated somatic dysfunction;

(19) Implementing a written or verbal order from a licensed physician in a sleep lab or sleep center which requires the practice of polysomnography; and

(20) Educating and training a patient regarding the treatment regimen to assist the patient in improving the patient’s sleep.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Plc 1500 (see below for additional/specific provisions)

RSA 326-E

Plc 1502.26

RSA 326-E:10, II; RSA 326-E:11

Plc 1503

RSA 326-E:5

Plc 1504

RSA 326-E:3

Plc 1505

RSA 326-E:3, IV

Plc 1506 [reserved]

Plc 1507

RSA 326-E:10; RSA 326-E:11

Plc 1508

RSA 326-E:10

Plc 1509

RSA 326-E:2, VI

Plc 1510

RSA 326-E:2, VI

Plc 1511

RSA 326-E:9

Plc 1512

RSA 326-E:2, I

Appendix B: Document Incorporated by Reference

Rule

Reference Incorporated

Available at:

Plc 1509.02

AARC Statement of Ethics and Professional Conduct revised 04/15

go to https://www.aarc.org/resources/professional-documents/position-statements/ then click on “AARC Statement of Ethics and Professional Conduct” under “Current Position Statements”

Appendix C: Statutory Definitions and Exemptions From Licensure

326-E:1 Definitions

II. "Certified pulmonary function technician" or "CPFT" means a person having successfully completed and achieved a passing score on the entry level examination in pulmonary function and maintained the related credential issued by the National Board for Respiratory Care, Inc.

III. "Consultation by telecommunication" means that a respiratory care practitioner renders professional or expert opinion or advice via telecommunications or computer technology from another location. It includes the transfer of data or exchange of educational or related information by any means of audio, video, or data communications.

IV. "National Board for Respiratory Care, Inc." or "NBRC" means the national voluntary health certifying board that evaluates the professional competence of respiratory therapists and pulmonary function technicians, or its successor organization.

VIII. "Registered polysomnographic technologist" or "RPSGT" means a person having successfully completed and achieved a passing score on the comprehensive registry examination for polysomnographic technologists administered by the Board of Registered Polysomnographic Technologists or its successor organization.

IX. "Registered pulmonary function technologist" or "RPFT" means a person having successfully completed and achieved a passing score on the advanced level examination in pulmonary function and maintained the related credential issued by the National Board for Respiratory Care, Inc.

X. "Respiratory care" means the treatment, management, diagnostic testing and evaluation of responses to respiratory or medical treatment and care of individuals or groups of individuals either having deficiencies or abnormalities of the cardiopulmonary system or requiring support of the cardiopulmonary system. Respiratory care is given in accordance with the prescription of a physician, nurse practitioner, or physician assistant. Respiratory care includes the implementation of respiratory care strategies and modalities, and the administration of pharmacological, diagnostic, and therapeutic agents necessary to implement a treatment, disease or injury prevention, rehabilitative or diagnostic regimen. Respiratory care includes, but is not limited to: initiating emergency procedures; providing health counseling and teaching; assembly, repair, testing and maintenance of respiratory equipment; and those respiratory care activities that require a substantial amount of scientific knowledge or technical skill.

XI. "Respiratory care educational program" means a program accredited by the American Medical Association's Committee on Allied Health Education and Accreditation in collaboration with the Joint Review Committee for Respiratory Therapy Education, by the Committee on Accreditation for Respiratory Care, or by the Commission on Accreditation of Allied Health Education Programs, or their successor organizations.

XII. "Respiratory care practitioner" means a person who is:

(a) Licensed in the practice or performance of respiratory care who has the knowledge and skill necessary to administer the functions defined in paragraph X of this section.

(b) Capable of serving as a resource in relation to the clinical and technical aspects of respiratory care as to the safe and effective methods for administering respiratory care modalities.

(d) Capable of supervising, directing, and teaching less skilled personnel in the provision of respiratory care services.

RSA 326-E:6 Exemptions From Licensure. –

I. This chapter shall not prohibit:

(a) A person matriculated in an education program approved by the board who is pursuing a degree in respiratory care or respiratory therapy from satisfying supervised clinical education requirements related to the person's respiratory care education while under direct supervision of a respiratory care practitioner or physician.

(b) A respiratory care practitioner from practicing in the Armed Forces, federal public health services, or the Department of Veterans Affairs, pursuant to federal regulations of health care providers.

(c) A respiratory care practitioner who is licensed in another jurisdiction of the United States from providing consultation by telecommunication.

(d) A respiratory care practitioner who is licensed in another jurisdiction of the United States or foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with teaching or participating in an educational seminar of no more than 60 days in a calendar year.

(e) Respiratory care performed as part of a limited scope of practice, as defined by the executive director, in consultation with the advisory board, by certified pulmonary function technicians (CPFT), registered pulmonary function technologists (RPFT) or registered polysomnographic technologists (RPSGT) in a diagnostic laboratory or research setting.

(f) Respiratory care rendered in an emergency.

(g) Self care by a patient or gratuitous care by family members or friends who do not represent themselves as respiratory care practitioners.

(h) A respiratory care practitioner who is licensed in another jurisdiction of the United States or foreign educated respiratory care practitioner credentialed in another country from practicing respiratory care in conjunction with the interfacility transport of a critically ill patient.

(i) A polysomnography trainee from fulfilling the training and experiential clinical requirements established by the Board of Polysomnographic Technologists for eligibility for the RPSGT examination, while working under the indirect supervision of a physician, a respiratory care practitioner, or a RPSGT.

II. This chapter shall not restrict a person licensed under any other law of this state from engaging in the profession or practice for which that person is licensed if that person does not represent, imply, or claim that he or she is a respiratory care practitioner or a provider of respiratory care.

Appendix D: Plc 307.04 as effective May 1, 2023

History

(See Revision Note #1 at chapter heading for Plc 1500) #13496, INTERIM, eff 11-27-22; ss by #13621, eff 5-22-23 (see Revision Note #2 at chapter heading for Plc 1500)
2003, 310:2. 2005, 293:9. 2009, 54:5, eff. July 21, 2009. 2022, 72:15, eff. July 19, 2022.
2003, 310:2, eff. July 1, 2003. 2022, 72:16, eff. July 19, 2022.

N.H. Code Admin. R. Ann. Plc 307.04 Obligations of Persons Subject to These Rules {#sec-plc-307.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 307.04}

(a) Each person subject to these rules shall comply with all applicable law.

(d) Each person subject to these rules shall provide honest and accurate information in reports prepared as part of practicing the profession in which the person is authorized to practice.

(e) Each person subject to these rules shall report evidence of professional misconduct on the part of another licensee when that conduct poses a potential threat to life, health, or safety.

(f) Each person subject to these rules shall maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the professional-client or professional-patient relationship in a sexual way; and

(g) Each person subject to these rules shall be truthful in publicly representing or advertising himself or herself by avoiding the following:

(1) False, deceptive, or misleading statements;

(2) Unreasonable or exaggerated claims of success;

(3) Guarantees of success;

(4) Claims or implications of professional superiority or of training that cannot be substantiated; and

(5) Unsubstantiated claims of expertise or certification of such in any specific areas of the scope of practice set forth in applicable law.

(h) Each person subject to these rules shall interact with colleagues and clients with honesty and integrity.

(i) No person subject to these rules shall misrepresent professional qualifications or credentials.

(j) Each person subject to these rules shall treat all individuals with whom the person interacts in a professional capacity with respect and civility.

(k) No person subject to these rules shall engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity.

Chapter Plc 1600 Registration of Nurse Agencies

Part Plc 1601 Purpose and Applicability; Sending Notices and Registrations

N.H. Code Admin. R. Ann. Plc 1601.01 Purpose {#sec-plc-1601.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1601.01}

The purpose of this chapter is to implement RSA 326-M relative to nurse agency registration, by establishing requirements for:

(a) Registering with the office of professional licensure and certification (OPLC) as a nurse agency; and

(b) Renewing a nurse agency registration.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1601.02 Applicability {#sec-plc-1601.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1601.02}

(a) As stated in RSA 326-M:2, I, “beginning January 1, 2024, a nurse agency seeking to do business in the state shall submit an application to the office of professional licensure and certification.”

(b) This chapter shall apply to any nurse agency seeking to do business in New Hampshire.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1601.03 Notifications; Issuance of Registrations {#sec-plc-1601.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1601.03}

(a) The OPLC shall send all notifications to applicants and registrants and all registrations issued pursuant to this chapter to the applicant’s or registrant’s designated email address.

(b) All notifications and registrations sent to a designated email address for which the OPLC does not receive any indication that the email was not delivered shall be deemed to have been received by the applicant or registrant who designated the email address.

History

#13914, eff 5-6-24

Part Plc 1602 Definitions

N.H. Code Admin. R. Ann. Plc 1602.01 Contact information {#sec-plc-1602.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.01}

“Contact information” means:

(b) For a legal entity, the legal entity’s designated email address, telephone number, physical address, and mailing address if not the same as the physical address.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.02 Cooperate {#sec-plc-1602.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.02}

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.03 Designated email address {#sec-plc-1602.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.03}

“Designated email address” means the email address provided by an applicant or registrant as the address for the OPLC to use when sending notifications and licenses.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.04 Executive director {#sec-plc-1602.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.04}

“Executive director” means the executive director of the OPLC or designee.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.05 Health care facility {#sec-plc-1602.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.05}

“Health care facility” means a facility that provides medical care that is required to be administered by licensed medical personnel. The term includes, but is not limited to, hospitals, nursing homes, extended care facilities, residential care facilities, hospice houses, and clinics. The term does not include home health agencies licensed and operated under RSA 151:2-b.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.06 Investigator {#sec-plc-1602.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.06}

“Investigator” means an individual authorized by the executive director to conduct an investigation into allegations of potential violations by a licensee of applicable provisions in RSA 326-M or Plc 1600, or both.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.07 License {#sec-plc-1602.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.07}

“License” means “license” as defined in RSA 541-A:1, VIII, namely “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by law.” For purposes of providing information on professional activities in other jurisdictions, the term includes license, certificate, registration, or any other form of approval required to operate as a nurse agency in that jurisdiction.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.08 Licensing bureau {#sec-plc-1602.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.08}

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.09 Nurse agency {#sec-plc-1602.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.09}

“Nurse agency” means “nurse agency” as defined in RSA 326-M:1, I, namely “any individual, firm, corporation, partnership or other legal entity that employs, assigns or refers nurses or licensed nursing assistants to a health care facility on a per diem or temporary basis for a fee. The term “nurse agency” includes an agency that employs, assigns, or refers such personnel through the use of apps or other technology based solutions or platforms. The term “nurse agency” shall not include services provided by home health agencies licensed and operated under RSA 151:2-b, any entity wholly owned by a health care facility or facilities separately licensed under RSA 151, nor shall it include any individual offering only his or her services.”

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.10 Person {#sec-plc-1602.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.10}

“Person” means an individual or a legally-constituted entity, including but not limited to corporations, limited liability corporations, professional associations, and partnerships, whether general or limited.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.11 Temporary {#sec-plc-1602.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.11}

“Temporary” as used in the definition of “nurse agency” means fewer than 24 months.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.12 Same time period or shift {#sec-plc-1602.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.12}

“Same time period or shift” as used in RSA 326-M:3, I means the same or overlapping hours on the same day(s).

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1602.13 Working day {#sec-plc-1602.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1602.13}

“Working day” means any Monday through Friday, excluding days on which state offices are closed in observation of holidays.

History

#13914, eff 5-6-24

Part Plc 1603 Requirements for Initial Registration

N.H. Code Admin. R. Ann. Plc 1603.01 Qualifications for Registration {#sec-plc-1603.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.01}

To qualify for registration as a nurse agency, a person shall:

(a) Employ, assign, or refer nurses or licensed nursing assistants to a health care facility on a per diem or temporary basis for a fee; and

(b) Not be any of the following:

(1) A home health agency licensed and operated under RSA 151:2-b;

(2) An entity wholly owned by a health care facility or facilities separately licensed under RSA 151; or

(3) An individual offering only that individual’s services.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1603.02 Applying for Initial {#sec-plc-1603.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.02}

Registration.

(a) Any person who meets the qualifications in Plc 1603.01 and wishes to operate as nurse agency in New Hampshire shall file an application for initial registration in accordance with this section.

(b) The applicant shall submit the following to the licensing bureau:

(1) A completed “Universal Application for Initial License” dated April 2024, together with the “Nurse Agency Registration Supplement to Universal Application for Initial License” dated March 2024, that contains the information specified in Plc 304.03 and Plc 1603.03, and is signed and attested to as specified in Plc 304.05 and Plc 1603.04;

(2) The documentation specified in Plc 304.04, as applicable; and

(3) The application processing and licensing fee specified in Plc 1002, provided that if no application processing and licensing fee is specified in Plc 1002, no fee shall be charged.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1603.03 Information Required for Initial Registration Application {#sec-plc-1603.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.03}

In addition to the information required by Plc 304.03, the applicant for an initial registration as a nurse agency shall provide the following information:

(a) The estimated number of licensed medical personnel the applicant expects to have available for assignments to clients, as a range and as an average.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1603.04 Additional Attestation {#sec-plc-1603.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.04}

Required for Initial Registration Application. In addition to the attestation required by Plc 304.05, the applicant’s signature shall constitute attestation that the applicant:

(a) Has the financial resources to pay the nurses it places prior to receiving payment from the health care facility in which the nurses are placed; and

(b) Understands and shall adhere to the obligations of RSA 326-M:3, namely:

(1) Nurse agencies shall not commit the services of a single nurse or licensed nursing assistant to more than one health care facility for the same time period or shift and cancel a commitment to a facility, or compel that facility to bid again for services already promised it;

(2) Nurse agencies shall not recruit potential employees on the premises of a health care facility;

(3) Nurse agencies shall not charge a health care facility a higher amount based upon the presence in that facility of a communicable virus, except in the case of a state or local declaration of a public health emergency; and

(4) Nurse agencies shall not facilitate the placement of any licensed professional with a license that is suspended.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1603.05 Initial Review of Applications for Initial Registration; Abandonment {#sec-plc-1603.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.05}

(a) Within 30 days of receipt of an application for initial registration submitted pursuant to Plc 1603.02, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h).

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1603.06 Withdrawal of Application for Initial Registration {#sec-plc-1603.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.06}

(a) An applicant may withdraw the application for registration at any time prior to being notified of a decision under Plc 1603.07, by proceeding in accordance with Plc 304.07.

(b) If the application is withdrawn, the application processing and licensing fee shall not be refunded.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1603.07 Review of Complete Applications for Initial Registration; Decisions {#sec-plc-1603.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.07}

(b) The licensing bureau shall:

(1) Approve or deny the application within 60 days as required by RSA 541-A:29, II, as provided in (c) or (d), below; and

(2) Promptly notify the applicant of the decision on the application in writing sent to the applicant’s designated email address.

(c) The licensing bureau shall approve an application for initial registration and issue a registration if the applicant:

(1) Meets the requirements in Plc 1603.01;

(2) Has complied with Plc 1603.02;

(4) Has confirmed that the applicant:

a. Has the financial resources to pay the nurses it places prior to receiving payment from the health care facility in which the nurses are placed; and

b. Understands and shall adhere to the obligations of RSA 326-M:3.

(d) If the licensing bureau determines that the applicant has not demonstrated that all requirements to obtain a registration are met, then:

(1) The licensing bureau shall deny the application; and

(2) The notice sent pursuant to (b)(2), above, shall inform the applicant of the reason(s) for the denial and that the denial shall become final unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied, any application processing and licensing fee paid shall not be refunded.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1603.08 Initial Registrations: Issuance and Duration {#sec-plc-1603.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.08}

(a) Each initial registration as a nurse agency issued by the OPLC shall specify:

(1) The name of the registrant;

(2) The effective date of the registration; and

(3) The registration number.

(b) Initial registrations shall:

(1) Be valid for 2 years from the date of issuance as provided in RSA 310:8, II, provided that the timely filing of a complete renewal application shall continue the validity of the registration being renewed until final action is taken on the renewal application;

(2) Expire 2 years from the date on which the registration was issued unless a timely and complete renewal application is filed or the registration is sooner suspended or revoked in accordance with Plc 1607 or other applicable law; and

(3) Be subject to renewal.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1603.09 Challenging a Denial of Initial {#sec-plc-1603.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.09}

Registration. An applicant who wishes to challenge the denial of an application for initial registration shall do so as provided in Plc 304.10.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1603.10 Facilitated Registration for Active Duty Military and Military Spouses {#sec-plc-1603.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1603.10}

(a) An applicant for registration who is on active military duty or who is a military spouse shall apply for registration as provided in Plc 1603.02, except that no application processing and licensing fee shall be required even if one is listed in Plc 1002.

(b) Each applicant who applies for facilitated registration under this section shall be eligible to obtain a facilitated registration if the applicant meets the qualifications for registration summarized in Plc 1603.01.

(c) Any individual who obtains a facilitated registration under this section shall comply with all registration renewal requirements specified in Plc 1605 if the individual wishes to continue to conduct business in New Hampshire as nurse agency after the term of the initial registration.

History

#13914, eff 5-6-24

Part Plc 1604 Registrant Obligations

N.H. Code Admin. R. Ann. Plc 1604.01 Registrant Obligations to Notify {#sec-plc-1604.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1604.01}

(a) Each registrant shall:

(1) Notify the licensing bureau within 10 working days when a change of name occurs; and

(2) Update the OPLC’s records within 10 working days when a change of contact information occurs.

(b) Each registrant shall know, and have available in the registrant’s office or other place of business, information regarding how complaints can be filed with the OPLC.

(c) Each registrant shall inform the licensing bureau within 10 working days of any of the circumstances identified in Plc 307.02(c).

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1604.02 Registrant {#sec-plc-1604.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1604.02}

Responsibilities for Renewal. Each registrant shall:

(a) Know when the registrant’s registration is due to expire; and

(b) File an application for renewal prior to the expiration of the current registration in accordance with Plc 1605 if the registrant wishes to continue to conduct business as a nurse agency in New Hampshire.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1604.03 Compliance with Legal Reporting Requirements {#sec-plc-1604.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1604.03}

(a) Each registrant that is an entity shall comply with all reporting requirements necessary to maintain good standing status with:

(1) The New Hampshire secretary of state’s office; and

(2) The equivalent authority in the registrant’s state of formation, if other than New Hampshire.

(b) If a registrant fails to maintain good standing in New Hampshire or in the registrant’s state of formation, if other than New Hampshire, the registrant shall:

(1) Notify the licensing bureau within 10 working days; and

(2) Not operate as a nurse agency for compensation in New Hampshire unless and until reobtaining:

a. Good standing status in New Hampshire and in the registrant’s state of formation if other than New Hampshire; and

b. Registration under RSA 326-M and Plc 1600.

History

#13914, eff 5-6-24

Part Plc 1605 Registration Renewal and Reinstatement

N.H. Code Admin. R. Ann. Plc 1605.01 Eligibility for {#sec-plc-1605.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.01}

Registration Renewal. To be eligible for renewal of a nurse agency registration, a person shall:

(a) Meet the qualifications stated in Plc 1603.01;

(b) Have paid all administrative and civil penalties imposed, if any; and

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.02 Notification of Pending Registration Expiration {#sec-plc-1605.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.02}

(a) At least 60 days prior to the expiration of a registration issued pursuant to RSA 326-M and Plc 1600, the licensing bureau shall:

(1) Notify, in writing to the email address on file, each registrant whose registration is expiring that:

a. The registration is due to expire; and

b. Failure to file a complete and timely application for renewal shall result in the registration expiring; and

(2) Include with the written notice a copy of the application identified in Plc 1605.03 or, when the application is available on-line, a registration code, if one is necessary, to use to renew on-line.

(b) A registrant who wishes to renew a registration who does not receive an application or registration code shall contact OPLC customer support at CustomerSupport@oplc.nh.gov to obtain an application or registration code, as applicable.

(c) As provided in RSA 310:8, II and RSA 541-A:30, I, if a timely and complete renewal application has been filed then the registration shall continue as valid until final action is taken on the application for renewal.

(d) A nurse agency whose registration has expired shall not operate as a nurse agency for compensation in New Hampshire unless and until the registration has been reinstated as provided in Plc 1605.11.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.03 Application for Registration Renewal {#sec-plc-1605.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.03}

A nurse agency that wishes to renew a registration shall submit the following to the licensing bureau:

(a) A completed “Universal Application to Renew License” dated April 2024, together with the “Nurse Agency Registration Supplement to Universal Application to Renew License” dated March 2024, that provides the information required by Plc 308.06 and Plc 1605.04, and is signed and attested to as required by Plc 308.08 and Plc 1605.05;

(b) The documentation required by Plc 308.07, as applicable; and

(1) An applicant applying to renew as active military or a military spouse shall not pay the application processing and licensing fee; and

(2) If no application processing and licensing fee is specified in Plc 1002, then no fee shall be paid.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.04 Information Required for Registration Renewal Application {#sec-plc-1605.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.04}

In addition to the information required by Plc 308.06, the applicant for renewal of a nurse agency registration shall provide the following information:

(a) The estimated number of licensed medical personnel the applicant expects to have available for assignments to clients, as a range and as an average.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.05 Additional Attestation Required for Renewal Application {#sec-plc-1605.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.05}

In addition to the

attestation required by Plc 308.08, the applicant’s signature shall constitute attestation that the applicant:

(a) Has the financial resources to pay the nurses it places prior to receiving payment from the health care facility in which the nurses are placed; and

(b) Understands and shall adhere to the obligations of RSA 326-M:3, namely:

(2) Nurse agencies shall not recruit potential employees on the premises of a health care facility;

(4) Nurse agencies shall not facilitate the placement of any licensed professional with a license that is suspended.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.06 Initial Review of Renewal Applications {#sec-plc-1605.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.06}

Within 30 days of receipt of an application for registration renewal submitted pursuant to Plc 1605.03, the licensing bureau shall process the application as provided in Plc 308.09.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.07 Withdrawal or Abandonment of Renewal Application {#sec-plc-1605.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.07}

(a) An applicant may withdraw the application for registration renewal as specified in Plc 308.10 at any time prior to being notified of a decision under Plc 1605.08.

(1) The person shall not operate as a nurse agency for compensation in New Hampshire after the date of expiration, unless and until the person obtains registration reinstatement as provided in Plc 1605.11; and

(2) Any application processing and licensing fee paid with the renewal application shall not be refunded.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.08 Review of Complete Renewal Applications; Decisions {#sec-plc-1605.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.08}

(a) The licensing bureau shall review complete applications as provided in Plc 308.11 and RSA 541-A:29, II.

(b) The licensing bureau shall issue a renewal registration if the applicant:

(1) Has submitted a renewal application in accordance with Plc 1605.03; and

(2) Demonstrates that the applicant has met the requirements for renewal stated in:

a. Plc 1605.01; and

b. Plc 308.02.

(c) The licensing bureau shall notify the applicant of the decision on the renewal application in writing sent to the applicant’s designated email address.

(d) If the licensing bureau determines that the applicant has not demonstrated that all requirements to renew a registration are met, then:

(1) The licensing bureau shall deny the application; and

(2) The notice sent pursuant to (c), above, shall inform the applicant of the reason(s) for the denial and that the denial shall become final in 30 days unless the applicant requests a hearing in writing within 30 days.

(e) If the application is denied, any registration renewal application processing and licensing fee paid with the renewal application shall not be refunded.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.09 Renewal {#sec-plc-1605.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.09}

Registrations: Issuance and Duration.

(a) Each renewal registration to operate as a nurse agency issued by the OPLC shall specify:

(1) The name of the registrant;

(2) The effective dates of the registration; and

(3) The registration number.

(b) Registrations shall:

(3) Be subject to renewal biennially.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.10 Challenging a Denial of {#sec-plc-1605.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.10}

Registration Renewal. An applicant who wishes to challenge the denial of an application for registration renewal shall do so as provided in Plc 308.12.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.11 Reinstatement of a {#sec-plc-1605.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.11}

Registration After Expiration. The procedures in Plc 312 shall govern the reinstatement of a registration after expiration.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1605.12 Reinstatement of a Registration Previously Suspended or Revoked {#sec-plc-1605.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1605.12}

The procedures in Plc 312 shall govern the reinstatement of a registration after suspension or revocation.

History

#13914, eff 5-6-24

Part Plc 1606 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 1606.01 Applicability {#sec-plc-1606.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1606.01}

(a) The standards in this part shall apply to each person who applies to be registered under RSA 326-M or who is registered under RSA 326-M.

(b) Violations of these standards shall constitute unprofessional conduct that subjects the violator to disciplinary proceedings pursuant to Plc 1607 and other applicable law.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1606.02 Statutory Mandates {#sec-plc-1606.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1606.02}

All nurse agencies shall adhere to the standards established in RSA 326-M:3 for contracts between nurse agencies and health care facilities, as summarized below:

(a) Nurse agencies shall not commit the services of a single nurse or licensed nursing assistant to more than one health care facility for the same time period or shift and cancel a commitment to a facility, or compel that facility to bid again for services already promised it;

(b) Nurse agencies shall not recruit potential employees on the premises of a health care facility;

(c) Nurse agencies shall not charge a health care facility a higher amount based upon the presence in that facility of a communicable virus, except in the case of a state or local declaration of a public health emergency; and

(d) Nurse agencies shall not place any medical professional whose license is suspended.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1606.03 Professional Obligations {#sec-plc-1606.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1606.03}

Each person subject to this chapter shall:

(a) Comply with RSA 326-M, Plc 307.04 relative to obligations of persons subject to these rules, and Plc 1600;

(b) Comply with any disciplinary or remedial orders issued by the executive director within the time periods specified;

(d) Not misrepresent professional qualifications or credentials of any employee or contracted medical personnel;

(e) Cooperate with inspections and with lawful investigations by the executive director;

(f) Treat all individuals with whom the person interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the practitioner-patient relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by the patient or a colleague;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(i) Not discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, or national origin.

History

#13914, eff 5-6-24

Part Plc 1607 Procedures; Disciplinary Proceedings

N.H. Code Admin. R. Ann. Plc 1607.01 Rules of Practice and Procedure {#sec-plc-1607.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1607.01}

(a) The rules in Plc 200 and Plc 310 shall govern:

(1) The receipt of misconduct complaints and the investigation thereof; and

(2) The conduct of disciplinary hearings.

(b) The rules in Plc 200 shall govern:

(1) The conduct of all other adjudicative and non-adjudicative proceedings;

(2) Waivers of rules;

(3) Voluntary surrender of licenses; and

(4) Any other procedures not included in this chapter.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1607.02 Procedures for {#sec-plc-1607.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1607.02}

Disciplinary and Non-Disciplinary Remedial Proceedings and Imposing License Conditions. The procedures in Plc 311 shall govern disciplinary and non-disciplinary remedial proceedings and imposing license conditions.

History

#13914, eff 5-6-24

N.H. Code Admin. R. Ann. Plc 1607.03 Rehearings and Appeals {#sec-plc-1607.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1607.03}

(a) As provided in RSA 310:14, I:

(1) Any person who has been denied a registration under this chapter shall have the right to a rehearing; and

(2) Requests for a rehearing shall be made within 30 days of receipt of the original final decision.

(b) Pursuant to RSA 310:14, II, any person who has been disciplined shall have the right to petition in writing for a rehearing within 30 days of receipt of the original final decision.

(d) Pursuant to RSA 310:14, III:

(1) Appeals from a decision on rehearing shall be by appeal to the supreme court pursuant to RSA 541; and

(2) No sanction shall be stayed during an appeal.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Plc 1600 (see below for additional/specific provisions)

RSA 326-M

Plc 1603

RSA 310:4, II(c): RSA 310:8, I; RSA 326-M:2, I

Plc 1604

RSA 310:9

Plc 1605

RSA 310:8, II-IV; RSA 326-M:2, I

Plc 1606

RSA 326-M:3

Plc 1607

RSA 310:4, II(d); RSA 310:9; RSA 310:10

History

#13914, eff 5-6-24

Chapter Plc 1800 Certification of Assessing Professionals

Part Plc 1801 Purpose and Applicability; Sending Notices and Certifications; Incorporated Definitions

N.H. Code Admin. R. Ann. Plc 1801.01 Purpose {#sec-plc-1801.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1801.01}

The purpose of this chapter is to implement RSA 310-C relative to the certification of assessing professionals, by establishing requirements for:

(a) Obtaining and renewing certification as an assessing professional in New Hampshire;

(b) Reobtaining certification as an assessing professional after expiration, suspension, or revocation of certification; and

(c) Regulating the practices of the assessing professions, including ethical and professional standards required to be met by certified assessing professionals.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1801.02 Applicability {#sec-plc-1801.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1801.02}

This chapter shall apply to any individual who intends to practice or who does actually practice an assessing profession in New Hampshire, exclusive of those persons excepted by RSA 21-J:14-f, reprinted in Appendix C.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1801.03 Notifications; Issuance of {#sec-plc-1801.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1801.03}

Certifications. The office of professional licensure and certification (OPLC) shall send all notifications to applicants and certificants, and all certifications issued pursuant to this chapter, in accordance with Plc 301.03.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1801.04 Definitions Incorporated {#sec-plc-1801.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1801.04}

(a) The definitions of terms in Plc 102 shall apply to this chapter.

(b) All terms used in these rules relative to procedures, applications, inspections, and fees that are defined in Plc 200, Plc 300, Plc 400, or Plc 1000 shall have the meaning specified therein.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

Part Plc 1802 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Plc 1802.01 Abatement review {#sec-plc-1802.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.01}

“Abatement review” means to review an assessment in order to make a recommendation to the municipal assessing officials or to change an assessment in response to an abatement request from a taxpayer.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.02 Advisory board {#sec-plc-1802.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.02}

“Advisory board” means the assessing certification advisory board established pursuant to RSA 310-C:1.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.03 Another jurisdiction {#sec-plc-1802.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.03}

“Another jurisdiction” means any state in the U.S., the District of Columbia, the Commonwealth of Puerto Rico, a trust territory of the Pacific Islands, or any territory or possession of the U.S., or any county, county-equivalent, or municipal government in such areas if assessing licenses are not issued by the state in which the county, county-equivalent, or municipality is located.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.04 Appraisal {#sec-plc-1802.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.04}

“Appraisal” means the act or process of developing a market value estimate of real property.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.05 Appraisal work {#sec-plc-1802.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.05}

“Appraisal work” means the act or process of developing and making a market value estimate of real property.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.06 Approved continuing education {#sec-plc-1802.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.06}

“Approved continuing education” means:

(a) A course or workshop with designated credit hours pertaining to appraisal of real estate for tax purposes that is offered or approved by a qualified entity; or

(b) Teaching a course or workshop that would qualify as approved continuing education as specified in (a), above.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.07 Assessing professions {#sec-plc-1802.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.07}

“Assessing professions” means the professions regulated under RSA 310-C and listed in RSA 310-C:4, I, namely building measurer and listers, assessor assistants, assessors, and assessor supervisors.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.08 Assessing services {#sec-plc-1802.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.08}

“Assessing services” means the making of appraisals, reappraisals, or assessments, or providing other services related to property tax assessments on behalf of municipal assessing officials for the statutory administration of property tax valuation and assessment, including but not limited to evaluations and assessments under RSA 75:1.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.09 Assessing services contract {#sec-plc-1802.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.09}

“Assessing services contract” means a valid, legally-binding written agreement between a municipality and a company for making appraisals, reappraisals, assessments, or for other assessing services on behalf of a municipality within the state of New Hampshire.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.10 Assessment {#sec-plc-1802.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.10}

“Assessment” means an estimate of the quality, amount, size, features, or worth of real estate that is used as a basis for a municipalities’ valuation for property tax purposes in accordance with statutory requirements, including but not limited to the requirements under RSA 75:1.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.11 Bad faith {#sec-plc-1802.11 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.11}

“Bad faith” means dishonesty of belief or purpose, evasion of the spirit of the bargain, lack of diligence, willful rendering of an imperfect performance, abuse of a power to specify terms, and interference with, or failure to cooperate in, any other party’s performance.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.12 Certificant {#sec-plc-1802.12 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.12}

“Certificant” means an individual who holds a certification in an assessing profession, whether from the New Hampshire department of revenue administration (DRA) or the OPLC.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.13 Company {#sec-plc-1802.13 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.13}

“Company” means the person with whom or with which a municipality has proposed or executed an assessing services contract. The term includes “contractor”.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.14 Cyclical inspection process {#sec-plc-1802.14 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.14}

“Cyclical inspection process” means the process of a systematic measure and listing of all properties within a municipality over a specified period of time. This process includes “data collection” and “data verification.”

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.15 Cyclical revaluation {#sec-plc-1802.15 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.15}

“Cyclical revaluation” means the process of combining a full statistical revaluation of the entire municipality with a cyclical inspection process.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.16 Data collection {#sec-plc-1802.16 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.16}

“Data collection” means the inspection, measuring, or listing of real property within a municipality.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.17 Data verification {#sec-plc-1802.17 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.17}

“Data verification” means the process of confirming the accuracy, completeness, and consistency of data to ensure its quality and reliability.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.18 Deceit-fraud {#sec-plc-1802.18 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.18}

“Deceit-fraud” means an intentional act of:

(a) Deception in order to secure an unlawful gain;

(b) Deception pertaining to contractual procurement or fulfillment; or

(c) Concealment of, or making a false impression of, a material fact, including when attempting to procure certification as an assessing professional in any classification.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.19 Final field review {#sec-plc-1802.19 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.19}

“Final field review” means the final comprehensive review of newly established values using a parcel-by-parcel field review for the entire municipality, the affected property, or the classes of property to:

(a) Ensure that the properties are valued at their highest and best use and, as applicable, appraised pursuant to RSA 75:1;

(b) Ensure that the appraised values are proportionate and equitable; and

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.20 Full revaluation {#sec-plc-1802.20 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.20}

“Full revaluation” means the revaluation of all taxable and nontaxable properties in a municipality, with a complete measure and listing of all taxable and nontaxable properties to occur at the same time as the establishment of the new base year, to arrive at full and true value as of April 1st. The term includes “full reappraisal” and “full reassessment.”

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.21 Full statistical revaluation {#sec-plc-1802.21 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.21}

“Full statistical revaluation” means the process of a revaluation of all taxable and nontaxable properties in a municipality, using existing property data, to arrive at full and true value as of April 1st. The term includes “statistical update” and “statistical reassessment.”

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.22 Improvement {#sec-plc-1802.22 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.22}

“Improvement” means any physical change made to land or to structures that might affect value.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.23 Listing {#sec-plc-1802.23 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.23}

“Listing” means recording a description of the interior, exterior, and attributes of any improvements or the recording of the description of land features and attributes. The term includes “list”.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.24 Market analysis {#sec-plc-1802.24 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.24}

“Market analysis” means the study and processes used to determine the response of buyers and sellers of real estate, in a geographic area, to various data elements through the analysis of cost data, income data, and sale transactions in the performance of mass appraisal.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.25 Mass appraisal {#sec-plc-1802.25 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.25}

“Mass appraisal” means the use of standard, commonly-recognized techniques to value a group of properties as of a given date, using standard appraisal methods, employing common data, and statistical testing.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.26 Measure {#sec-plc-1802.26 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.26}

“Measure” means the physical inspection, verification, recording, or sketching of the exterior dimensions and attributes of any improvements made to a property.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.27 Municipal assessing officials {#sec-plc-1802.27 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.27}

“Municipal assessing officials” means those charged by law with the duty of assessing taxes and who are the:

(a) Governing body of a municipality;

(b) Board of assessors or selectmen of a municipality; or

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.28 Municipality {#sec-plc-1802.28 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.28}

“Municipality” means a city, town, or unincorporated place.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.29 Partial update {#sec-plc-1802.29 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.29}

“Partial update” means the process of analyzing market sales throughout the entire municipality to identify and implement needed value changes to the affected areas, or classes of property, to bring those properties to the municipality’s general level of assessment using the existing base tax year and providing an addendum to the existing USPAP-compliant report. The term includes “partial revaluation.”

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.30 Person {#sec-plc-1802.30 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.30}

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.31 Qualified entity {#sec-plc-1802.31 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.31}

“Qualified entity” means any of the following:

(a) International Association of Assessing Officers (IAAO);

(b) American Society of Appraisers;

(d) Appraisal Institute;

(e) International Right of Way Association;

(f) National Association of Independent Fee Appraisers;

(g) Lincoln Institute;

(h) New Hampshire Association of Assessing Officials (NHAAO);

(i) New Hampshire real estate appraisal board;

(j) The DRA;

(k) The Northeastern Regional Association of Assessing Officers (NRAAO); or

(l) Any entity approved to provide continuing education for assessing professionals by the executive director in consultation with the advisory board.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.32 Revaluation {#sec-plc-1802.32 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.32}

“Revaluation” means the act of re-estimating the worth of all real estate in a municipality using standard appraisal methods, calibration of the computer-assisted mass appraisal (CAMA) tables and models, establishment of a new base year with a USPAP-compliant report, and providing for statistical testing by either a full revaluation or a full statistical revaluation. The term includes “reappraisal,” “reassessment,” and “value anew.”

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.33 Revaluation experience {#sec-plc-1802.33 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.33}

“Revaluation experience” means work experience in the mass appraisal process.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.34 Sales chasing {#sec-plc-1802.34 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.34}

“Sales chasing” means the practice of knowingly changing an individual property assessment to or near to the recent selling price of that property, thereby manipulating equalization ratio study results.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.35 Sale validation {#sec-plc-1802.35 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.35}

“Sale validation” means the process of verifying a real estate sale transaction to determine whether the sale was a valid or an invalid indicator of the market value of the property that was sold. The term includes “sale verification” and “sale qualification.”

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.36 Self-directed education {#sec-plc-1802.36 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.36}

“Self-directed education” means electronic participation in continuing professional education courses that are self-study courses, which require the participant to pass an examination to obtain confirmation of participation.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.37 Statistical testing {#sec-plc-1802.37 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.37}

“Statistical testing” means the use or application of numerical statistics to understand the results of a reappraisal or the need for a reappraisal.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.38 Uniform standards of professional appraisal practice (USPAP) {#sec-plc-1802.38 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.38}

“Uniform standards of professional appraisal practice (USPAP)” means the generally accepted and recognized standards of appraisal practice established by The Appraisal Foundation as authorized by Congress as the source of appraisal standards and appraiser qualifications.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.39 USPAP-compliant report {#sec-plc-1802.39 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.39}

“USPAP-compliant report” means an appraisal report that complies with the standards established by the New Hampshire assessing standards board (ASB) pursuant to RSA 21-J:14-b, I(c) based on the USPAP.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1802.40 Year of experience {#sec-plc-1802.40 omnilex-key=us-nh-regs-official--agency-plc--Plc 1802.40}

“Year of experience” means a measure of work experience that is equivalent to 2,000 hours.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

Part Plc 1803 Advisory Board

N.H. Code Admin. R. Ann. Plc 1803.01 Advisory Board Members Appointment and Qualifications {#sec-plc-1803.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1803.01}

(a) As provided in RSA 310-C:1, II, the advisory board shall be composed of the following members:

(1) The commissioner of the DRA or designee;

(2) One certified property assessor supervisor appointed by the executive director; and

(3) One member who shall be a municipal governing body official who shall not be an assessor, and who is appointed by the executive director.

(b) As provided in RSA 310-C:1, III, the members shall be appointed for 3-year terms and shall not serve more than 2 full terms.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1803.02 Advisory {#sec-plc-1803.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1803.02}

Board Officers. Annually, at the first meeting of the calendar year, the duly-appointed advisory board members shall elect, from among the advisory board members, a chair and a vice chair.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1803.03 Advisory Board Address and Contact Information {#sec-plc-1803.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1803.03}

(a) The advisory board’s offices shall be at the offices of the OPLC, located as provided in Plc 103.03.

(b) All correspondence with the advisory board shall be addressed as specified in Plc 103.03(d).

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1803.04 Meetings and Records of Advisory Board {#sec-plc-1803.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1803.04}

(a) The advisory board shall meet at the call of the advisory board chair or the executive director.

(d) Records of the advisory board shall be maintained by the executive director as required by RSA 91-A.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1803.05 Responsibilities of Advisory Board {#sec-plc-1803.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1803.05}

(a) As provided in RSA 310-C:1, I, the advisory board shall advise the executive director regarding the implementation of RSA 310-C, including in particular by reviewing and commenting on proposed rules and proposed revisions to rules intended to implement RSA 310-C.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

Part Plc 1804 Qualifications for Initial Certification

N.H. Code Admin. R. Ann. Plc 1804.01 General Requirements for Performing Assessing Services {#sec-plc-1804.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.01}

(a) Individuals who, by their action(s), undertake assessing services or establish or change assessed property value(s) for any municipality in New Hampshire shall either be:

(1) Certified by the DRA prior to the 2025 effective date of these rules or by the OPLC under RSA 310-A and Plc 1800; or

(2) Statutorily authorized to assess property pursuant to RSA 75:1, RSA 81:1, RSA 41:2-g, or RSA 48:13.

(b) When a company enters into an assessing services contract with a municipality, the company shall identify the certified individual who will be accountable under the contract for compliance with applicable provisions in Plc 1806 relative to certificant obligations.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1804.02 Online Criminal Conviction Check Required Prior to Training {#sec-plc-1804.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.02}

Prior to training any individual to conduct an assessment of real estate, the person providing the training shall obtain, or require the individual to provide, an online NH criminal conviction check by following the procedures specified by the NH department of safety (NHDOS) on the NHDOS website at https://services.dos.nh.gov/chri/cpo/, specifically “Request Online NH Criminal Conviction Check”, including paying any required fee and directing that the results be sent to the person providing the training.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1804.03 Notification Required Prior to Training {#sec-plc-1804.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.03}

Unless statutorily authorized to assess property pursuant to RSA 75:1, RSA 81:1, RSA 41:2-g, or RSA 48:13, no individual shall be trained to perform measuring and listing of property or the making of appraisals for tax assessment purposes unless the certified professional supervising the training has:

(a) Provided a written notification to the OPLC at the address in Plc 103.03 that includes the following information:

(1) The name and the residential address of the individual being trained;

(2) The name of each municipality in which the individual will be trained;

(3) Results of the criminal background check or a statement that the request has been submitted and the results will be sent to the OPLC as soon as they are received; and

(4) The name of each certified property assessor supervisor, certified property assessor, and certified property assessor assistant who will supervise the training; and

(b) Providing a copy of the notification required by (a), above, to the DRA, to the attention of the director of the municipal and property division.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1804.04 Qualifications for Certification as a Building Measurer and Lister {#sec-plc-1804.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.04}

(a) Subject to Plc 1804.05, to qualify for initial certification as a building measurer and lister, an individual shall have not less than 80 documented hours of training in the topics identified in (c), below, of which not fewer than 40 hours shall be supervised field training as described in (b), below, with the balance being in-office training.

(b) Not fewer than 20 hours of field training shall be conducted in the presence of a certified property assessor or a certified property assessor supervisor, and the remaining hours shall be conducted in the presence of a certified property assessor assistant, certified property assessor, or certified property assessor supervisor, hereinafter the “field training supervisor”.

(1) Measure and sketch improvements to scale;

(2) Understand and use the data collection manual;

(3) List improvements by:

a. The number of stories;

b. The height of the structure;

c. The type of heating system;

d. A description of the plumbing system;

e. The type of basement or crawl space, if any;

f. A description, including exterior dimensions and purpose, of any ancillary structures such as additions or outbuildings;

g. An indication whether any of the items in a. through f., above, are:

Defective, and if so whether curable or incurable;
Functional; and
In good, fair, or poor condition; and

h. The description of any other feature, attribute, or factor that might contribute value to a property;

(4) Understand the duties of a certified building measurer and lister as specified in Plc 1806.04; and

(5) Understand the ethics that govern professional conduct in appraisal practice.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1804.05 Substantially-Similar Professional Experience {#sec-plc-1804.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.05}

In lieu of the specific training required by Plc 1804.04, an individual shall have substantially-similar professional work experience that provides training and experience in the topics listed in Plc 1804.04(b), in a similar field such as real estate brokerage or real estate appraisals for non-assessing purposes, in any assessing jurisdiction that is within the definition of “another jurisdiction” in Plc 1802.03.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1804.06 Documenting the Training of a Measurer and Lister {#sec-plc-1804.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.06}

(a) The field training supervisor shall document the training in writing, on a weekly basis, by maintaining a log that records, for each field training session:

(1) The name and certification classification of the field training supervisor;

(2) The name of the trainee;

(3) The name of each municipality in which the supervised field training was performed;

(4) The date of the supervised field training; and

(5) The number of hours of supervised field training on that date.

(b) The field training supervisor shall:

(1) Sign each weekly log;

(2) Provide a copy of the signed log on a weekly basis to the trainee; and

(3) Submit the signed logs for the preceding month to the licensing bureau on or before the tenth day of each month.

(d) The trainee may submit an application to be certified as a building measurer and lister pursuant to Plc 1805.01 after completing the supervised field training required by Plc 1804.04(a).

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1804.07 Premature Termination of Training {#sec-plc-1804.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.07}

(a) If a trainee’s employment is terminated prior to completing the required hours of training, the field training supervisor shall notify the licensing bureau and the director of the DRA municipal and property division within 10 days, in writing that includes:

(1) The name and certification number of the field training supervisor;

(2) The name of the trainee;

(3) The name of each municipality in which the training occurred; and

(4) Each reason for the termination of the training.

(b) If the trainee is hired elsewhere and initiates training with a new field training supervisor, then:

(1) The trainee shall notify the licensing bureau and the director of the DRA municipal and property division of the name and certification number of the new field training supervisor within 5 days of initiating the training; and

(2) The hours of training accrued under the prior field training supervisor shall be credited toward completing the training, subject to (c) and (d), below.

(d) If a trainee fails to notify the licensing bureau as required by (b)(1), above, any training hours accrued prior to the notification being submitted shall not be credited towards the total needed to complete the training.

(e) A field training supervisor who believes that the hours obtained by a trainee prior to the premature termination of the training should not be credited may submit an objection in writing to the licensing bureau that explains each reason why some or all of the hours should not be credited.

(f) If an objection is filed under (e), above, the OPLC shall initiate an adjudicative proceeding under Plc 200 to determine whether the hours will be credited.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1804.08 Qualifications for Certification as a Property Assessor Assistant {#sec-plc-1804.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.08}

(a) Subject to (c), below, to qualify for certification as a property assessor assistant, an individual shall have:

(1) Met all qualifications to be certified as a building measurer and lister specified in Plc 1804.04;

(2) Completed IAAO Course 101, “Fundamentals of Real Property Appraisal”, or an equivalent course focusing on the basic functions of the appraisal process and appraisal theories, offered by a different qualified entity;

(3) At least 2 years of experience that provided exposure to the application of the basic knowledge of property valuation and appraisal theories consisting of:

a. Work experience in the:

Measuring and listing of property; and
Assisting with property assessments; or

b. Work in a similar field, such as real estate brokerage or real estate appraisals for non-assessing purposes;

(4) Familiarity with common building construction for:

a. The quality of construction;

b. The approximate age of the structure;

c. Foundation;

d. Basement or crawl space area, if any;

e. Insulation;

f. Roofing;

g. Flooring;

h. Exterior cover;

i. Interior finish;

j. Fireplaces;

k. Heating and air conditioning systems;

l. Solar collectors;

m. Plumbing and plumbing fixtures;

n. Electric service;

o. The total number of rooms and the number of bedrooms and bathrooms;

p. Sprinkler systems;

q. Mechanical lifting mechanisms such as elevators, escalators, and dumb waiters; and

r. Any other structural features that would influence value;

(5) Thorough knowledge of the duties of a certified property assessor assistant as specified in Plc 1806.05; and

(6) Training in, and understanding of:

a. Applicable NH property assessing statutes;

b. Appraisal practice ethics; and

c. Administrative rules Plc 300, Plc 1800, and the rules of the DRA relative to property assessment, currently Rev 600.

(b) In lieu of the specific requirements of (a), above, an individual shall have substantially similar educational and professional work experience that provides training and experience in the areas listed in (a), above, in any assessing jurisdiction that is within the definition of “another jurisdiction” in Plc 1802.03.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1804.09 Qualifications for Certification as a Property Assessor {#sec-plc-1804.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.09}

To qualify for certification as a property assessor, an individual shall:

(a) Meet all qualifications for a certified property assessor assistant specified in Plc 1804.08;

(b) Complete all requirements of the following courses, or equivalents offered by a different qualified entity:

(1) IAAO Course 300 “Fundamentals of Mass Appraisal”;

(2) IAAO Workshop 452 “Fundamentals of Assessment Ratio Studies”;

(3) IAAO Workshop 151 “Uniform Standards of Professional Appraisal Practice (National)”; and

(4) The NH state statutes part I and part II course relative to assessment and taxation offered by the DRA;

(1) At least 3 years of experience in the appraisal of various types of real estate and at least one year of mass appraisal revaluation experience that includes at least 1,000 hours having some combination of:

a. Assistance with the development and or maintenance of a data collection manual;

b. The basic understanding of how CAMA systems are implemented and used;

c. Sale validation experience;

d. Review and training on mass appraisal techniques, market analysis results, and assistance in the preparation of a USPAP-compliant report under the supervision of a certified property assessor supervisor; and

e. Training and assistance in the process of abatement review and the defense of assessed values under the supervision of a certified property assessor or certified property assessor supervisor; or

(2) Substantially similar educational and professional work experience that provides training and experience in the areas listed in (c)(1), above, in any assessing jurisdiction that is within the definition of “another jurisdiction” in Plc 1802.03; and

(d) Have thorough knowledge of the duties of a certified property assessor as specified in Plc 1806.06.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1804.10 Qualifications for Certification as a Property Assessor Supervisor {#sec-plc-1804.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1804.10}

(a) Subject to (b), below, to qualify for certification as a property assessor supervisor, an individual shall:

(1) Meet all qualifications to be certified as a property assessor in Plc 1804.09;

(2) Complete all requirements of IAAO Course 102, “Income Approach to Valuation”, or an equivalent course focusing on capitalization of income to determine value by the income approach, offered by a different qualified entity;

(3) Subject to (4), below, have not less than 5 years of experience consisting of:

a. At least 2 years of experience in the appraisal of various types of real estate; and

b. At least 3 years of mass appraisal revaluation experience consisting of:

Supervisory experience during the process of providing assessing services;
Supervisory experience pertaining to adherence to the data collection manual, data collection accuracy, and CAMA data entry accuracy;
Assistance with the development or maintenance, or both, of a data collection manual;
A basic understanding of how CAMA systems are implemented and used;
Sale validation experience;
Training on the calibration process for CAMA models;
Training, or review of training, on mass appraisal technique;
Providing assistance to a certified property assessor supervisor with the market analysis and USPAP-compliant report for a revaluation or a partial update; and
Training and assistance in the process of abatement review and the defense of assessed values under the guidance and oversight of a certified property assessor supervisor;

(4) In lieu of the specific requirements of (a)(3), above, an individual shall have substantially similar educational and professional work experience that provides training and experience in the areas listed in (a)(3), above, in any assessing jurisdiction that is within the definition of “another jurisdiction” in Plc 1802.03;

(5) Complete all applicable continuing education requirements in Plc 1806.08 for the certification classification currently held;

(6) Have experience in preparing or providing testimony or other technical assistance in:

a. The defense of, or a challenge to, assessed values as part of a proceeding before:

The New Hampshire board of tax and land appeals or an equivalent board in another jurisdiction; or
The New Hampshire superior court or an equivalent court in another jurisdiction;

b. The court-ordered mediation of assessment disputes with a third-party mediator; or

c. The settlement of a dispute over assessed values brought in any other judicial or quasi-judicial forum;

(7) Have thorough knowledge of the duties of a certified property assessor supervisor as specified in Plc 1806.07; and

(8) Successfully complete the Certified New Hampshire Assessor’s (CNHA) exam administered by the NHAAO.

(b) An individual who is certified by the NHAAO as a CNHA may submit a copy of the individual’s current CNHA professional designation certificate in lieu of the documentation required by:

(1) Subparagraph (a)(2), above, relative to completing all requirements of IAAO Course 102; and

(2) Subparagraph (a)(8), above, relative to passing the CNHA exam administered by the NHAAO.

(c) All certified property assessor supervisors without a CNHA designation shall take the CNHA exam to recertify in the same classification within 5 years of the 2023 effective date of Asb 303.06(b)(7), which was August 9, 2023.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

Part Plc 1805 Initial Certification Applications

N.H. Code Admin. R. Ann. Plc 1805.01 Applying for Initial {#sec-plc-1805.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1805.01}

Certification.

(a) Any person who meets the applicable qualifications in Plc 1804 and wishes to be a certified building measurer and lister, certified property assessor assistant, certified property assessor, or certified property assessor supervisor in New Hampshire who is not already certified in the classification being applied for shall file an application for initial certification in accordance with this section.

(b) The applicant shall apply by complying with Plc 304.01, subject to the following:

(1) The profession-specific supplement required by Plc 304.01(a) shall be the “Assessing Professions Supplement to Universal Application for Initial License” dated July 2025, that:

a. Provides the information required by Plc 1805.02 and the documentation specified in Plc 1805.03; and

b. Is signed and attested to as specified in Plc 1805.04;

(2) A criminal records check as required by RSA 310-C:5 shall be submitted, provided that a new criminal records check shall be required only if the results of the criminal records check performed pursuant to Plc 1804.02 were submitted more than 6 months prior to the application date; and

(3) The fee shall be the application processing and licensing fee specified in Plc 1002.05, provided that an applicant who is active military or a military spouse shall not pay the fee.

(c) Applicants for initial certification as a certified property assessor assistant, certified property assessor, or certified property assessor supervisor shall submit a résumé with the application that explains the applicant’s education and relevant work experience in sufficient detail to show that the applicant has the qualifications necessary for certification in the classification applied for.

(d) An applicant for initial certification as a certified measurer and lister who does not have the training documentation specified in Plc 1804.06 shall submit a résumé with the application that explains the applicant’s education and relevant work experience in sufficient detail to show that the applicant has the qualifications necessary for certification as a measurer and lister.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1805.02 Additional Information Required for Initial Certification Application {#sec-plc-1805.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1805.02}

In addition to the information required by Plc 304.03, the applicant for an initial certification in any of the assessing professions shall provide the following information:

(a) If applying to be certified as a building measurer and lister, the following:

(1) If trained in New Hampshire, the name of each field training supervisor who supervised the training required by Plc 1804.04(a); or

(2) If not trained in New Hampshire, the name of each jurisdiction in which equivalent experience was attained to meet the requirements of Plc 1804.05;

(b) If applying to be certified as a property assessor assistant, the following:

(1) If the applicant is or was a certified building measurer and lister in New Hampshire, the certification number of the building measurer and lister certification held by the applicant, if any; or

(2) If applicant is not or was not a certified building measurer and lister in New Hampshire, either:

a. The name and business address of the applicant’s employer when the experience required by Plc 1804.08(a)(3) was obtained; or

b. The name of each jurisdiction in which equivalent educational and professional work experience was attained to meet the requirements of Plc 1804.08(b);

(1) The certification number of the property assessor assistant certification held by the applicant;

(2) The name of the provider of IAAO Workshop 151 or equivalent taken as required by Plc 1804.09(b)(3);

(3) The date the course in NH assessment and taxation laws required by Plc 1804.09(b)(4) was taken; and

(4) The name and address of each employer for which the applicant worked to obtain the experience required by Plc 1804.09(c); and

(d) If applying to be certified as a property assessor supervisor, the following:

(1) The certification number of the property assessor certification held by the applicant;

(2) The name and address of each employer for which the applicant worked to obtain the experience required by Plc 1804.10(a)(3) or (a)(4);

(3) For each course taken to meet applicable continuing education requirements, the name, location, sponsor, and total number of hours of the course; and

(4) The name and jurisdiction of each judicial or quasi-judicial tribunal in which the experience required by Plc 1804.10(a)(6) was gained.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1805.03 Additional {#sec-plc-1805.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1805.03}

Documentation Required for Initial Certification Application. In addition to the information and documentation required by Plc 304.04, the applicant for an initial certification in any of the assessing professions shall provide the following information:

(a) If applying to be certified as a building measurer and lister, either:

(1) The written documentation of the in-service supervised field training required by Plc 1804.04(a) that was provided pursuant to Plc 1804.06(b); or

(2) Both:

a. Documentation of equivalent work experience that meets the requirements of Plc 1804.05; and

b. The résumé required by Plc 1805.01(d);

(b) If applying to be certified as a property assessor assistant, the following:

(1) Proof of completing:

a. IAAO Course 101, Fundamentals of Real Property Appraisal; or

b. An equivalent course taken from a different qualified entity, that shows the name of the course and the name of the qualified entity that sponsored or presented it, the date(s) of the course, and a description of the course provided by the qualified entity which demonstrates that the course is equivalent to IAAO Course 101; and

(2) The résumé required by Plc 1805.01(d);

(1) Proof of completing:

a. IAAO Course 300, Fundamentals of Mass Appraisal; or

(2) Proof of completing:

a. IAAO Workshop 452 Fundamentals of Assessment Ratio Studies; or

(3) Proof of completing:

a. IAAO Workshop 151 Uniform Standards of Professional Appraisal Practice (National); or

(4) Proof of completing the NH state statutes part I and part II course relative to assessment and taxation required by Plc 1804.09(b)(4); and

(5) The résumé required by Plc 1805.01(d); and

(d) If applying to be certified as a property assessor supervisor, the following:

(1) Proof of completing:

a. IAAO Course 102, Income Approach to Valuation; or

(2) Proof of successfully completing the CNHA exam administered by the NHAAO required by Plc 1804.10(a)(8); and

(3) The résumé required by Plc 1805.01(d) that includes an explanation of how the applicant has acquired the experience necessary to:

a. Interpret:

Deeds and transfers for determination of value; and
Financial statements pertaining to the appraisal process;

b. Prepare reports;

c. Supervise subordinate property assessors, property assessor assistants, and building measurer and listers;

d. Assist the municipal assessing officials in the use of the appropriate assessing manuals and the computer assisted mass appraisal system for their municipality;

e. Perform statistical testing to understand the results of a reappraisal or the need for a reappraisal;

f. Analyze sales of properties to produce a market analysis and USPAP-compliant report; and

g. Defend property values established for real property.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1805.04 Signature and Attestation Required for Initial Certification Application {#sec-plc-1805.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1805.04}

(a) The applicant for an initial certification shall sign and date the application as required by Plc 304.05.

(b) The applicant for an initial certification also shall sign and date the application supplement.

(c) For applications that are submitted electronically, the act of submitting the application and supplement shall constitute the signature and the date of submittal shall be the date.

(d) The signature on the application supplement shall constitute the applicant’s attestation, pursuant to RSA 310-C:2, III, that the applicant:

(1) Pledges to comply with the standards set forth in RSA 310-C; and

(2) Understands the types of misconduct for which disciplinary proceedings may be initiated against a certified assessing official, as set forth in RSA 310-C.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1805.05 Processing of Applications for Initial Certification; Decisions {#sec-plc-1805.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1805.05}

(a) Within 30 days of receipt of an application for initial certification submitted pursuant to Plc 1804.01, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h) and the withdrawal provisions of Plc 304.07.

(c) After determining that an application is complete, the licensing bureau shall review the application against the criteria listed in (d), below, and notify the applicant of its decision in accordance with Plc 304.08 and Plc 304.09.

(d) The licensing bureau shall approve an application for initial certification and issue a certification if the applicant:

(1) Meets the requirements of RSA 21-J:14-f, as restated in Plc 1804.01(a);

(2) Meets the applicable requirements of Plc 1804.04, Plc 1804.08, Plc 1804.09, or Plc 1804.10;

(3) Has complied with Plc 1805.01; and

(4) Has not answered “yes” to any of the background and character questions in Plc 304.03(e) or has provided an explanation of each “yes” answer pursuant to Plc 304.04 demonstrating that similar circumstances are not likely to arise in New Hampshire.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1805.06 Challenging a Denial of Initial {#sec-plc-1805.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1805.06}

Certification; Challenging Certification Conditions. An applicant who wishes to challenge the denial of an application for initial certification or who wishes to challenge conditions included in the certification shall do so as provided in Plc 304.10.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1805.07 Initial {#sec-plc-1805.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1805.07}

Certifications: Issuance and Duration.

(a) Initial certifications shall be issued in accordance with Plc 304.11.

(b) Initial certifications shall be valid as provided in Plc 304.12.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1805.08 Facilitated Certification for Active Duty Military and Military Spouses {#sec-plc-1805.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1805.08}

An applicant for certification who is on active military duty or who is a military spouse shall apply for certification as provided in Plc 304.02(a).

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1805.09 OPLC Certification Based on Existing DRA Certification {#sec-plc-1805.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1805.09}

(a) Any individual who holds a current certification from the DRA as a measurer and lister, property assessor assistant, property assessor, or property assessor supervisor may continue to practice under the DRA certification unless the individual wishes to:

(1) Obtain certification in a higher classification; or

(2) Renew the certification.

(b) An individual wishing to obtain certification in a higher classification shall submit an application for initial certification for that classification in accordance with Plc 1805.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

Part Plc 1806 Certificant Obligations

N.H. Code Admin. R. Ann. Plc 1806.01 Applicability {#sec-plc-1806.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.01}

The rules in this part shall apply to all certified assessing professionals, regardless of whether the certification was obtained from the DRA or the OPLC.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1806.02 Certificant Obligations to Notify {#sec-plc-1806.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.02}

(a) Each certificant shall:

(1) Notify the licensing bureau within 10 working days when a change of name occurs; and

(2) Update the OPLC’s records within 10 working days when a change of contact information occurs.

(b) Each certificant shall know, and have available in the certificant’s office or other place of business, information regarding how complaints can be filed with the OPLC.

(c) Each certificant shall inform the licensing bureau within 10 working days of any of the circumstances identified in Plc 307.02(c).

(d) Each certificant shall inform the licensing bureau within 10 working days of suspension or decertification by:

(1) Another jurisdiction that regulates assessing professionals;

(2) The NHAAO;

(3) The IAAO; or

(4) The NH real estate appraisal board.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1806.03 Certificant {#sec-plc-1806.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.03}

Responsibilities for Renewal. Each certificant shall:

(a) Know when the certificant’s certification is due to expire; and

(b) File an application for renewal prior to the expiration of the current certification in accordance with Plc 1807 if the certificant wishes to continue to work as an assessing professional in New Hampshire and does not yet qualify to be certified in a higher classification.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1806.04 Certified Building Measurer and Lister Duties {#sec-plc-1806.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.04}

(a) For revaluation or assessing services, under the guidance and oversight of a certified property assessor or certified property assessor supervisor, a certified building measurer and lister may perform:

(1) Data collection;

(2) Data verification; and

(3) Cyclical inspection processes.

(b) A certified building measurer and lister shall not:

(1) Perform sale validation, except under the supervision of a certified property assessor supervisor;

(2) Determine, or change, the grade or depreciation of structures; or

(3) Determine or change adjustments applied to land attributes such as views or water access.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1806.05 Certified Property Assessor Assistant Duties {#sec-plc-1806.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.05}

(a) For revaluation or assessing services, under the guidance and oversight of a certified property assessor or certified property assessor supervisor, a certified property assessor assistant may assist with:

(1) Assessing services as defined in Plc 1802.08;

(2) Sale validation; and

(3) The training of a building measurer and lister.

(b) A certified property assessor assistant shall not:

(1) Adjust an assessment except under the supervision of a certified property assessor or certified property assessor supervisor;

(2) Oversee a final field review as defined in Plc 1802.19;

(3) Oversee a revaluation informal review process or conduct abatement reviews; or

(4) Represent a municipality in the defense of assessed values, provided that a certified property assessor assistant may assist a certified property assessor or certified property assessor supervisor in such defense.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1806.06 Certified Property Assessor Duties {#sec-plc-1806.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.06}

(a) A certified property assessor may:

(1) Perform assessing services that include:

a. The annual maintenance of assessments by using the base year data collection manual and USPAP-compliant report; and

b. The use of the computer-assisted mass appraisal system existing models and cost data established by a certified property assessor supervisor during the year of the last revaluation for new appraisals;

(2) Perform abatement reviews and the defense of value under the supervision of a certified property assessor supervisor;

(3) Perform sale validation; and

(4) Submit a signed and dated statement to the OPLC attesting to the qualifications of a building measurer and lister, or a property assessor assistant, working under the certified property assessor’s supervision to be true, accurate, and correct.

(b) A certified property assessor under the supervision of a certified property assessor supervisor may:

(1) Adjust the cost, land, depreciation, or other computer-assisted mass appraisal tables resulting in a change to the values; and

(2) Conduct a final field review.

(1) Establish and certify values; or

(2) Sign the USPAP-compliant report.

(f) A certified property assessor may participate in informal hearings, but shall not supervise informal hearings.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1806.07 Certified Property Assessor Supervisor Duties {#sec-plc-1806.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.07}

A certified property assessor supervisor may:

(a) Perform and supervise all assessing services;

(b) Conduct and supervise a revaluation, cyclical revaluation, or partial update by:

(1) Compiling the data collection manual;

(2) Performing a market analysis for the establishment of the base values and tables for the computer-assisted mass appraisal models;

(3) Calibrating the computer-assisted mass appraisal models;

(4) Performing the data quality final field review of the mass appraisal results;

(5) Conducting statistical testing;

(6) Completing and certifying a USPAP-compliant report; and

(7) Overseeing and supervising:

a. The informal review process;

b. The abatement review; and

c. Defense of the appraised value(s);

(1) The revaluation is performed in accordance with applicable state statutes and administrative rules; and

(2) The terms and conditions of the assessing services contract are adhered to; and

(d) Submit signed and dated statements to the OPLC attesting to the qualifications at all classifications of certification to be true, accurate, and correct.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1806.08 Continuing Education Requirements {#sec-plc-1806.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.08}

(a) Each certified property assessor assistant, certified property assessor, and certified property assessor supervisor shall complete not less than 10 hours of approved continuing education for each year of the renewal period.

(b) Subject to (c), below, continuing education shall cover:

(1) The uniform standards of professional appraisal practice, in a course or workshop;

(2) NH real estate law, in the NH state statutes course Part 1or Part II, or the one-day state statutes update provided by DRA or NHAAO; or

(3) Any other topic that is relevant to the assessment of real property in New Hampshire.

(c) The topics listed in (b)(1) and (b)(2) shall be required every other renewal cycle, but may be taken in any renewal cycle.

(d) An approved course or workshop taken within a renewal cycle in order to qualify for a higher classification of certification may also be counted as continuing education.

(e) Individuals seeking continuing education credit for teaching one or more approved continuing education courses shall receive full credit:

(1) For actual hours taught up to the total credit hours required for continuing education; and

(2) Only once during a renewal period for teaching the same course.

(f) When applying to renew a certification, the applicant shall:

(1) Certify on the renewal application that the applicable continuing education requirements have been met; and

(2) Be subject to the audit provisions of Plc 308.04.

(g) Any individual holding a NHAAO professional designation certificate may request to have attendance at NHAAO continuing educational components verified in writing by the NHAAO certification committee and sent directly to the OPLC.

(h) Self-directed education from a qualified entity shall qualify as continuing education credits.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1806.09 Documentation Requirements; Audits {#sec-plc-1806.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.09}

Certificants shall maintain records of continuing education and be subject to audits as provided in Plc 308.04.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1806.10 Time for Completing Continuing Education {#sec-plc-1806.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1806.10}

A certified property assessor supervisor, certified property assessor, or certified property assessor assistant shall complete all required continuing education prior to the expiration date of the individual’s current certification.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

Part Plc 1807 Certification Renewal or Reinstatement

N.H. Code Admin. R. Ann. Plc 1807.01 Eligibility for Certification Renewal {#sec-plc-1807.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1807.01}

To be eligible for renewal of a certification issued under this chapter or issued by the DRA prior to the 2025 effective date of this chapter, an individual shall:

(a) Meet the qualifications stated in Plc 1804.01(a) and the applicable qualifications in Plc 1804.04, Plc 1804.08, Plc 1804.09, or Plc 1804.10;

(b) Have paid all administrative and civil penalties imposed, if any; and

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1807.02 Notification of Pending Certification Expiration {#sec-plc-1807.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1807.02}

The OPLC shall notify individuals who have been certified under RSA 310-C and Plc 1800 or by the DRA prior to the 2025 effective date of this chapter in accordance with Plc 308.03.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1807.03 Application for Certification Renewal {#sec-plc-1807.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1807.03}

A certificant who wishes to renew certification shall apply by complying with Plc 308.05, subject to the following:

(a) No profession-specific supplement shall be required to renew a building measurer and lister certification;

(b) The profession-specific supplement required by Plc 308.05(b)(2) shall be the “Assessing Professions Supplement To Universal Application For License Renewal” dated July 2025, which shall be filed by applicants for renewal of certification as a property assessor assistant, property assessor, or property assessor supervisor to provide the information and attestation required by Plc 1807.04; and

(c) The fee shall be the application processing and licensing fee specified in Plc 1002.05, provided that an applicant applying to renew as active military or a military spouse shall not pay the application processing and licensing fee.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1807.04 Required Information and Attestation for Continuing Education {#sec-plc-1807.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1807.04}

(a) An applicant for renewal shall provide the following information relative to continuing education:

(1) The total number of hours achieved by the applicant in continuing education courses or programs since the beginning of the current certification term; and

(2) The following information for each continuing education course and program for which credit is claimed, whether as an attendee or an instructor or taken a self-directed education:

a. The name of the course or program;

b. The beginning and ending date(s) of the course or program;

c. The name of the sponsor or provider of the course or program; and

d. The total number of hours claimed for the course or program.

(b) Submission of the information shall constitute the applicant’s attestation that the applicant has met all continuing education requirements.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1807.05 Processing of Renewal Applications; Decisions {#sec-plc-1807.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1807.05}

(a) The licensing bureau shall process the application as provided in Plc 308.09.

(b) An applicant may withdraw the application for certification renewal at any time prior to being notified of a decision under Plc 308.11 by proceeding in accordance with Plc 308.10.

(c) The licensing bureau shall review complete applications, make decisions, and notify applicants in accordance with Plc 308.11.

(d) The licensing bureau shall issue a renewal certification if the applicant:

(1) Has submitted a renewal application in accordance with Plc 1807.03; and

(2) Demonstrates that the applicant has met the requirements for renewal stated in:

a. Plc 1807.01; and

b. Plc 308.02.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1807.06 Challenging a Denial of {#sec-plc-1807.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1807.06}

Certification Renewal; Challenging Certification Conditions. An applicant who wishes to challenge the denial of an application for certification renewal or who wishes to challenge conditions included in the certification shall do so as provided in Plc 308.12.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1807.07 Renewal {#sec-plc-1807.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1807.07}

Certifications: Issuance and Duration.

(a) The OPLC shall issue renewal certifications to operate as an assessing professional in accordance with Plc 308.13(a).

(b) Renewal certifications shall be valid as provided in Plc 308.13(b).

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1807.08 Renewing or Reinstating a {#sec-plc-1807.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1807.08}

Certification After Expiration, Suspension, or Revocation. The procedures in Plc 312 shall govern the renewal or reinstatement of a certification after expiration, suspension, or revocation.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

Part Plc 1808 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 1808.01 Applicability {#sec-plc-1808.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1808.01}

(a) The standards in this part shall apply to each individual who:

(1) Applies to be certified under RSA 310-C;

(2) Is certified under RSA 310-C; or

(3) Holds an assessing professional certification from the DRA that was issued prior to the effective date of these rules and has not yet expired.

(b) Violations of these standards shall constitute unprofessional conduct that subjects the violator to disciplinary proceedings pursuant to Plc 1809 and other applicable law.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1808.02 Ethical Standards {#sec-plc-1808.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1808.02}

Individuals who are subject to this chapter shall:

(a) Adhere to all applicable standards of the USPAP as defined in Plc 1802.38; and

(b) Be subject to:

(1) The IAAO ethical standards dated July 2021 as adopted by the NHAAO, available at https://www.nhaao.org/governing-documents and as noted in Appendix B; and

(2) Any NH-specific ethical standards adopted in rules pursuant to the procedures in RSA 541-A by the ASB.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1808.03 Professional Obligations {#sec-plc-1808.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1808.03}

Each person subject to this chapter shall:

(a) Comply with RSA 310-C, Plc 300, and Plc 1800;

(b) Comply with any disciplinary or remedial orders issued by the executive director within the time periods specified;

(e) Cooperate with inspections and with lawful investigations by the executive director;

(f) Treat all individuals with whom the person interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the assessor-client relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by the client or colleague;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(i) Not discriminate based on age, sex, gender identity, race, creed, color, marital status, familial status, physical or mental disability, or national origin.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

Part Plc 1809 Procedures; Disciplinary Proceedings; Sanctions

N.H. Code Admin. R. Ann. Plc 1809.01 Rules of Practice and Procedure {#sec-plc-1809.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1809.01}

(a) The rules in Plc 200 and Plc 311 shall govern:

(1) The receipt of misconduct complaints and the investigation thereof;

(2) The conduct of disciplinary hearings and non-disciplinary remedial hearings;

(3) Disciplinary and non-disciplinary remedial proceedings;

(4) The imposition of license conditions;

(5) The assessment of administrative fines;

(6) Reciprocal discipline; and

(7) Rehearings and appeals.

(b) The rules in Plc 200 shall govern:

(1) The conduct of all other adjudicative and non-adjudicative proceedings;

(2) Waivers of rules;

(3) Voluntary surrender of licenses; and

(4) Any other procedures not included in this chapter.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1809.02 Procedures for Disciplinary and Non-Disciplinary Remedial Proceedings and Imposing Certification Conditions {#sec-plc-1809.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1809.02}

The procedures in Plc 311 shall govern disciplinary and non-disciplinary remedial proceedings and imposing certification conditions.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35

N.H. Code Admin. R. Ann. Plc 1809.03 Misconduct Subject to Discipline {#sec-plc-1809.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1809.03}

Allegations of any of the following shall result in an investigation under Plc 204:

(a) The practice of deceit-fraud as defined in Plc 1802.18 or bad faith as defined in Plc 1802.11;

(b) Unsworn falsification in procuring, or attempting to procure, certification or certification renewal as an assessing professional;

(1) An individual who is not a certified assessing professional; or

(2) An individual who is not certified at the classification required to do the work;

(d) Negligent or willful acts performed in a manner that jeopardizes the health or safety of persons under the individual’s supervision;

(e) Violation of any professional or ethical standard in Plc 1808;

(f) Violation of any applicable NH property assessing statute, Plc 1800, or Rev 600;

(g) The practice of sales chasing, as defined in Plc 1802.34;

(h) Suspension or decertification as an assessing professional in another jurisdiction, without reinstatement of certification;

(i) Breaching a duty of confidentiality;

(j) Not complying with RSA 91-A in responding to a right-to-know request;

(k) Not notifying the OPLC within 10 business days of suspension or decertification from:

(1) Another jurisdiction, if the certification is similar to one issued under RSA 21-J or RSA 310-C;

(2) The NHAAO;

(3) The IAAO; or

(4) The NH real estate appraisal board; and

(l) Not including complete information about suspensions or decertification prior to becoming certified as an assessing professional in New Hampshire.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Plc 1801

RSA 310:4, II(c); RSA 310-C:2

Plc 1802

RSA 310:4, II(c); RSA 310-C:17

Plc 1803

RSA 310-C:1

Plc 1804

RSA 310:4, II(c); RSA 310-C:6-8; RSA 310-C:17, I(a)

Plc 1805

RSA 310:4, II(c); RSA 310:8, II; RSA 310-C:17, II(a)

Plc 1806

RSA 310:4, II(c); RSA 310-C:11

Plc 1807

RSA 310:8, III-IV; RSA 310-C:17, II(a)

Plc 1808

RSA 310-C:17, I(e)

Plc 1809

RSA 310:9-10, 12; RSA 310-C:17, II(d)

Appendix B: Incorporated References

Rule

Document Incorporated:

Access at:

Plc 1808.02(b)(1)

IAAO ethical standards as adopted by the NHAAO

https://www.nhaao.org/governing-documents

Appendix C: Statutory Provision

RSA 21-J:14-f Certification Required. –

I. Every person, whether working individually, for a firm or corporation, or as a municipal employee, making appraisals of a municipality for tax assessment purposes, except elected officials making appraisals pursuant to RSA 75:1, shall be certified by the assessing certification board according to rules adopted by the assessing standards board as provided in paragraph II or the assessing certification board under RSA 310-C as provided in paragraph IV, as the case may be. Department of revenue administration employees shall be certified at the level appropriate to their duties.

II. The assessing standards board shall adopt rules, pursuant to RSA 541-A, relative to qualifications for certification, requirements for continuing education, and decertification of, suspension of, or other disciplinary actions against persons required to be certified in paragraph I. Such rules shall specify the minimum qualifications with respect to education and training required for certification according to the following functional job categories ranked in ascending hierarchical order:

(a) Building measurer and lister.

(b) Property assessor assistant.

(d) Property assessor supervisor.

III. No person, except boards of assessors and selectmen making appraisals pursuant to RSA 75:1, shall make appraisals without first obtaining the certification required by this section and RSA 310-C. Certification is non-assignable and cannot be transferred. Any person who willfully fails to obtain certification as provided in this section and RSA 310-C shall be subject to the penalties imposed under RSA 21-J:39, IV.

IV. The assessing standards board rules shall remain in effect until such time as they may be amended or modified by the assessing standards board or superseded by the assessing certification board.

History

#14330, eff 9-22-25, EXPIRES: 9-22-35
2001, 297:2; 158:61. 2004, 203:5. 2006, 193:3. 2010, 257:5, eff. July 6, 2010. 2022, 267:7, eff. Jan. 1, 2023.

Chapter Plc 1900 Voluntary Certification of Doulas and Lactation Service Providers

Part Plc 1901 Purpose and Applicability; Sending Notices and Certifications; Incorporated Definitions

N.H. Code Admin. R. Ann. Plc 1901.01 Purpose {#sec-plc-1901.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1901.01}

The purpose of this chapter is to implement RSA 310-A:222, I relative to the voluntary certification of doulas and lactation service providers for purposes of direct Medicaid reimbursement.

History

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N.H. Code Admin. R. Ann. Plc 1901.02 Applicability {#sec-plc-1901.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1901.02}

(a) This chapter shall apply to any individual who wishes to be certified as a doula or as a state-certified lactation service provider in order to be eligible for direct Medicaid reimbursement.

(b) Nothing in this chapter shall be construed to apply for any purpose other than being eligible for direct Medicaid reimbursement.

(1) Determining whether the patient needs clinical or non-clinical services; and

(2) Identifying the appropriate state-certified LSP(s) to provide those services.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1901.03 Notifications; Issuance of Certifications {#sec-plc-1901.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1901.03}

The office of professional licensure and certification (OPLC) shall send all notifications to applicants and certificants, and all certifications issued pursuant to this chapter, in accordance with Plc 301.03.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1901.04 Incorporated Definitions {#sec-plc-1901.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1901.04}

All terms used in these rules relative to procedures, applications, inspections, or fees that are defined in Plc 100 through Plc 400 or Plc 1000 shall have the meaning specified in title Plc.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

Part Plc 1902 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Plc 1902.01 Breastfeeding {#sec-plc-1902.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1902.01}

“Breastfeeding” means the act of feeding human breast milk to an infant, either directly from the human breast or pumped from the human breast and fed to an infant in a bottle, during the postpartum period.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1902.02 Certificant {#sec-plc-1902.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1902.02}

“Certificant” means an individual who holds a doula certification or a state LSP certification issued by the OPLC under RSA 310-A:222 and Plc 1900.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1902.03 Doula {#sec-plc-1902.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1902.03}

“Doula” means a trained non-clinical professional who provides continuous physical, emotional, and informational support to a woman during the perinatal period.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1902.04 Lactation service provider (LSP) {#sec-plc-1902.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1902.04}

“Lactation service provider (LSP)” means an individual who possesses the necessary skills, knowledge, and attitudes to facilitate breastfeeding and who works with parents and infants to resolve challenges related to breastfeeding. The term includes clinical LSPs such as International Board Certified Lactation Consultants and non-clinical LSPs such as certified lactation counselors, certified lactation educators, and certified breastfeeding educators, as described in Plc 1903.06.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1902.05 Perinatal period {#sec-plc-1902.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1902.05}

“Perinatal period” means the period that extends from conception through 12 months after the end of pregnancy, inclusive of all birth outcomes.

History

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N.H. Code Admin. R. Ann. Plc 1902.06 Postpartum period {#sec-plc-1902.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1902.06}

“Postpartum period” means any time from the end of pregnancy through 12 months after the end of pregnancy, inclusive of all birth outcomes.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1902.07 Qualifying certification {#sec-plc-1902.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1902.07}

“Qualifying certification” means a certification required to be eligible for state LSP certification, as listed in Plc 1903.06.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1902.08 State LSP certification {#sec-plc-1902.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1902.08}

“State LSP certification” means the certification issued by the OPLC to an individual so that the individual will qualify for Medicaid reimbursement.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

Part Plc 1903 Initial Certification

N.H. Code Admin. R. Ann. Plc 1903.01 Qualifications for Initial Doula Certification {#sec-plc-1903.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.01}

To qualify for certification as a doula, an individual shall:

(a) Be of good moral character, as demonstrated by the responses on the application to the questions listed in Plc 304.03(e) and any explanation(s) provided pursuant to Plc 304.04(a); and

(b) Have received training and experience in the core competencies identified in Plc 1903.02.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1903.02 Core Competencies for Doulas {#sec-plc-1903.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.02}

(a) Any individual seeking to be a certified doula under this chapter shall demonstrate training and experience in the following core competencies:

(1) Familiarity with maternal and infant health concepts and approaches, including but not limited to:

a. Maternal anatomy and physiology during the perinatal period;

b. Common medical interventions during pregnancy, childbirth, and the postpartum period;

c. Labor and delivery comfort measures;

d. Common potential complications associated with pregnancy, childbirth, and the postpartum period;

e. Best practices for emotional support and advocacy for family needs; and

f. Newborn care including the fundamentals of infant feeding;

(2) Familiarity with service coordination and system navigation including, but not limited to, lactation support, resource navigation for wrap-around services, and screening referrals;

(3) Familiarity with health promotion and prevention, including but not limited to perinatal health education and newborn parenting education;

(4) Interpersonal communication, including but not limited to active listening, engaging with medical team members and family members, and providing constructive feedback; and

(5) Ethical responsibilities and professionalism.

(b) Core competencies shall be demonstrated by one or more of the following:

(1) Certification within the last 5 years from any certifying organization that meets the standards established by the National Doula Certification Board (NDCB), available at https://www.doulaboard.org/; or

(2) Other training and experience as documented by the following:

a. A transcript from a school or program that provides doula training including at least 10 hours of training in the core competencies listed in (a), above; and

b. Evidence of attendance at 3 or more births in the preceding 5 years and evidence of active doula practice consisting of at least one visit during the perinatal period per year in each year after completing training.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1903.03 Applying for Initial Doula Certification {#sec-plc-1903.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.03}

Any individual who meets the qualifications specified in Plc 1903.01 who wishes to be certified as a doula in New Hampshire shall apply by complying with Plc 304.01, subject to the following:

(a) On or with the profession-specific supplement required by Plc 304.01(a)(2), the applicant shall provide the information and documentation required by Plc 1903.04 and Plc 1903.05;

(b) No criminal background check shall be required; and

(c) The fee shall be the application processing and licensing fee specified in Plc 1002.55, provided that an applicant who is applying as active military or a military spouse shall not pay the fee.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1903.04 Information Required for Initial {#sec-plc-1903.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.04}

Doula Certification Application. In addition to the information required by Plc 304.03, an applicant for initial doula certification shall provide:

(a) If qualifying under Plc 1903.02(b)(1), the name, location, and URL of the certifying organization; or

(b) If qualifying under Plc 1903.02(b)(2):

(1) The name, location, and URL of the school or program that provided the applicant’s doula training;

(2) The city and state of each of the required births the applicant attended in the preceding 5 years; and

(3) The city and state in which the applicant made each of the required visits during the perinatal period in each year after completing training.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1903.05 Additional Documentation Required for Initial Doula Certification Application {#sec-plc-1903.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.05}

In addition to the documentation required by Plc 304.04, an applicant for initial doula certification shall provide:

(a) If qualifying based on certification, a copy of the certification; or

(b) If qualifying based on other education and training:

(1) Confirmation of attending 3 or more births in the preceding 5 years, which may be provided by documentation of the visit for purposes of employment or Medicaid reimbursement, or the applicant’s attestation; and

(2) Confirmation of making one visit during the perinatal period in each year after completing training, which may be provided by documentation of the visit for purposes of employment or Medicaid reimbursement, or the applicant’s attestation.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1903.06 Qualifications for Initial State LSP Certification {#sec-plc-1903.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.06}

To qualify for initial state LSP certification, an individual shall be:

(a) Certified by the International Board of Certified Lactation Consultant Examiners as an International Board Certified Lactation Consultant (IBCLC);

(b) Certified by the Academy of Lactation Policy and Practice (ALPP) as a certified lactation counselor (CLC);

(c) Certified by the Childbirth and Postpartum Professional Association (CAPPA) as a certified lactation educator (CLE); or

(d) Certified as a certified breastfeeding educator (CBE) by Lactation Education Resources or Childbirth International.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1903.07 Applying for Initial State LSP Certification {#sec-plc-1903.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.07}

Any individual who meets the qualifications specified in Plc 1903.06 who wishes to be a state-certified LSP in New Hampshire in order to receive direct Medicaid reimbursement shall apply by complying with Plc 304.01, subject to the following:

(a) The applicant shall provide a copy of the applicant’s qualifying certification with the application;

(b) No criminal background check shall be required; and

(c) The fee shall be the application processing and licensing fee specified in Plc 1002.55, provided that an applicant who is applying as active military or a military spouse shall not pay the fee.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1903.08 Processing of Applications for Initial Certification; Decisions {#sec-plc-1903.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.08}

(a) Within 30 days of receipt of an application for initial certification submitted pursuant to Plc 1903.03 for doulas or Plc 1903.07 for LSPs, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h) and the withdrawal provisions of Plc 304.07.

(c) After determining that an application is complete, the licensing bureau shall review the application and notify the applicant of its decision in accordance with Plc 304.08 and Plc 304.09.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1903.09 Challenging a Denial of Initial {#sec-plc-1903.09 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.09}

Certification; Challenging Certification Conditions. An applicant who wishes to challenge the denial of an application for initial certification or who wishes to challenge conditions included in a certification shall do so as provided in Plc 304.10.

History

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N.H. Code Admin. R. Ann. Plc 1903.10 Initial Certifications: Issuance and Duration {#sec-plc-1903.10 omnilex-key=us-nh-regs-official--agency-plc--Plc 1903.10}

(a) Initial certifications shall be issued in accordance with Plc 304.11.

(b) Initial certifications shall be valid as provided in Plc 304.12.

History

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Part Plc 1904 Certificant Obligations

N.H. Code Admin. R. Ann. Plc 1904.01 Certificant {#sec-plc-1904.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1904.01}

Obligations for Notifications and Updates. Each certificant shall comply with Plc 307.02 relative to required notifications, updates of contact information, and providing information on how complaints can be filed.

History

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N.H. Code Admin. R. Ann. Plc 1904.02 Certificant {#sec-plc-1904.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1904.02}

Responsibilities for Renewal. Each certificant shall:

(a) Know when the certificant’s certification is due to expire; and

(b) File an application for renewal prior to the expiration of the current certification in accordance with Plc 1905.02 if the certificant wishes to continue to practice in New Hampshire.

History

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N.H. Code Admin. R. Ann. Plc 1904.03 Additional Certificant Obligations {#sec-plc-1904.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1904.03}

Each individual who is certified under Plc 310-A:222 and Plc 1900 shall:

(a) Comply with Plc 300 and Plc 1900;

(b) Comply with any disciplinary or remedial orders issued by the executive director within the time period specified;

(d) Not misrepresent professional qualifications or credentials;

(e) Cooperate with inspections and with lawful investigations by the OPLC;

(f) Treat all individuals with whom the certificant interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the certificant-client relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by a client or colleague;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(i) Not discriminate based on age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, physical or mental disability, or national origin.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

Part Plc 1905 Certification Renewal

N.H. Code Admin. R. Ann. Plc 1905.01 Eligibility for Renewal {#sec-plc-1905.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1905.01}

(a) To be eligible to renew a doula certification under this chapter, a certificant shall have:

(1) Attended at least one birth during the term of the certificate being renewed; and

(2) Made one visit during the perinatal period in each year of the term of the certificate being renewed.

(b) To be eligible to renew a state LSP certification under this chapter, a certificant shall maintain any qualifying certification.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1905.02 Notification of Pending {#sec-plc-1905.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1905.02}

Certification Expiration. The licensing bureau shall notify each certificant of the pending expiration of the certificant’s certification in accordance with Plc 308.03.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1905.03 Application for Doula {#sec-plc-1905.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 1905.03}

Certification Renewal. A certificant who wishes to maintain doula certification under RSA 310-A:222 and Plc 1900 shall apply for renewal by complying with Plc 308.05, subject to the following:

(a) No profession-specific supplement shall be required;

(b) The fee shall be the application processing and licensing fee specified in Plc 1002.55, provided that an applicant who is applying as active military or a military spouse shall not pay the fee.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1905.04 Application for LSP {#sec-plc-1905.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 1905.04}

Certification Renewal. A certificant who wishes to maintain state LSP certification under RSA 310-A:222 and Plc 1900 shall apply for renewal by complying with Plc 308.05, subject to the following:

(a) The applicant shall provide a copy of the applicant’s qualifying certification pursuant to Plc 308.07(b); and

(b) The fee shall be the application processing and licensing fee specified in Plc 1002.55, provided that an applicant who is applying as active military or a military spouse shall not pay the fee.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1905.05 Processing of Renewal Applications; Decisions {#sec-plc-1905.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 1905.05}

(a) Within 30 days of receipt of an application submitted pursuant to Plc 1905.03, the licensing bureau shall process the application as provided in Plc 308.09.

(b) The application shall be subject to the abandonment and withdrawal provisions of Plc 308.10.

(c) The licensing bureau shall review complete applications and notify the applicant of its decision as provided in Plc 308.11 and RSA 541-A:29, II.

(d) The licensing bureau shall issue a renewal certificate if the applicant:

(1) Has submitted a renewal application in accordance with:

a. Plc 1905.03, for renewal of doula certification; or

b. Plc 1905.04, for renewal of state LSP certification; and

(2) Meets the applicable eligibility criteria specified in Plc 1905.01 and Plc 308.02.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1905.06 Renewal {#sec-plc-1905.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 1905.06}

Certifications: Issuance and Duration.

(a) The OPLC shall issue renewal certifications in accordance with Plc 308.13(a).

(b) Renewal certifications shall be valid as provided in Plc 308.13(b).

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1905.07 Challenging a Denial of Certification Renewal; Challenging Certificate Conditions {#sec-plc-1905.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 1905.07}

An applicant who wishes to challenge the denial of an application for certification renewal or who wishes to challenge conditions included in the certification shall do so in accordance with Plc 308.12.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

Part Plc 1906 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 1906.01 Ethical and Professional Standards for Certified Doulas {#sec-plc-1906.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1906.01}

Certified doulas shall:

(a) Treat all individuals with respect, recognizing their unique identities and life choices;

(b) Respect the dignity, humanity, and personal autonomy of each individual they serve;

(c) Protect client information and maintain the privacy of each client’s information, unless directed by the client or required by law to release the information;

(d) Act with honesty, fairness, and transparency in all situations related to practicing as a doula; and

(e) Support each client’s informed decision-making and choices, and not impose the doula’s own preferences.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1906.02 Ethical and Professional Standards for State Certified LSPs {#sec-plc-1906.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1906.02}

Individuals who hold a state LSP certification shall comply with the ethical standards established by the organization who conferred the qualifying certification.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

Part Plc 1907 Procedures; Disciplinary Proceedings

N.H. Code Admin. R. Ann. Plc 1907.01 Rules of Practice and Procedure {#sec-plc-1907.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 1907.01}

(a) The rules in Plc 200 and Plc 311 shall govern:

(1) The receipt of misconduct complaints and the investigation thereof;

(2) The conduct of disciplinary hearings and non-disciplinary remedial hearings;

(3) Disciplinary and non-disciplinary remedial proceedings;

(4) The imposition of license conditions;

(5) The assessment of administrative fines;

(6) Reciprocal discipline; and

(7) Rehearings and appeals.

(b) The rules in Plc 200 shall govern:

(1) The conduct of all other adjudicative and non-adjudicative proceedings;

(2) Waivers of rules;

(3) Voluntary surrender of licenses; and

(4) Any other procedures not included in this chapter.

History

#14429, eff 1-16-26, EXPIRES 1-16-36

N.H. Code Admin. R. Ann. Plc 1907.02 Reinstatement of Certification After Expiration, Suspension, or Revocation {#sec-plc-1907.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 1907.02}

The procedures in Plc 312 shall govern the reobtaining of a certification after expiration, suspension, or revocation.

Appendix A: State Statutes Implemented

Rule(s)

State Statute(s) Implemented

Plc 1901

RSA 310-A:222

Plc 1902

RSA 310-A:222

Plc 1903

RSA 310:5, II; RSA 310:8, II; RSA 310-A:222

Plc 1904

RSA 310:5, II; RSA 310-A:222

Plc 1905

RSA 310:5, II; RSA 310:8, III; RSA 310-A:222

Plc 1906

RSA 310:5, II; RSA 310-A:222

Plc 1907

RSA 310:5, II; RSA 310-A:222

History

#14429, eff 1-16-26, EXPIRES 1-16-36

Chapter Plc 2000 VOLUNTARY CERTIFICATION OF COMMUNITY HEALTH WORKERS (CHWs)

Part Plc 2001 Purpose; Applicability; Notifications; Incorporated Definitions

N.H. Code Admin. R. Ann. Plc 2001.01 Purpose {#sec-plc-2001.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2001.01}

The purpose of this chapter is to implement RSA 326-N relative to regulating community health workers (CHWs) who seek voluntary certification, by establishing requirements for:

(a) Obtaining and renewing a certificate to practice as a community health worker (CHW) in New Hampshire;

(b) Obtaining certification as a CHW after expiration, lapse, suspension, or revocation of certification; and

(c) Regulating the practice of certified CHWs, including ethical and professional standards required to be met by certificants.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2001.02 Applicability {#sec-plc-2001.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2001.02}

This chapter shall apply to any individual who chooses to obtain voluntary certification to practice as a certified CHW in New Hampshire.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2001.03 Notifications; Issuance of Certifications {#sec-plc-2001.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2001.03}

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2001.04 Definitions Incorporated {#sec-plc-2001.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 2001.04}

All terms used in these rules relative to procedures, applications, inspections, and fees that are defined in Plc 102, Plc 202, Plc 302, Plc 402, or Plc 1000 shall have the meaning specified therein.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

Part Plc 2002 Chapter-Specific Definitions

N.H. Code Admin. R. Ann. Plc 2002.01 Applicant {#sec-plc-2002.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2002.01}

“Applicant” means “applicant” as defined in RSA 326-N:1, I, reprinted in Appendix B.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2002.02 Approved training organization {#sec-plc-2002.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2002.02}

“Approved training organization” means an organization with demonstrated experience in training CHWs that has been approved to offer CHW training, as listed in Plc 2003.03(b).

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2002.03 Certificate {#sec-plc-2002.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2002.03}

“Certificate” means “certificate” as defined in RSA 326-N:1, II, reprinted in Appendix B.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2002.04 Certification {#sec-plc-2002.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 2002.04}

“Certification” means “certification” as defined in RSA 326-N:1, III, reprinted in Appendix B.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2002.05 Certified community health worker (certified CHW) {#sec-plc-2002.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 2002.05}

“Certified community health worker (certified CHW)” means “certified community health worker” as defined in RSA 326-N:1, IV, reprinted in Appendix B. The term includes “certificant”.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2002.06 Community health worker (CHW) {#sec-plc-2002.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 2002.06}

“Community health worker (CHW)” means “community health worker” as defined in RSA 326-N:1, VI, reprinted in Appendix B.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2002.07 Continuing education credit {#sec-plc-2002.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 2002.07}

“Continuing education credit” means one hour of continuing education.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2002.08 Telemedicine {#sec-plc-2002.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 2002.08}

“Telemedicine” means “telemedicine” as defined in RSA 326-N:1, X, reprinted in Appendix B.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

Part Plc 2003 Initial Certification

N.H. Code Admin. R. Ann. Plc 2003.01 Eligibility for Initial Certification as a CHW {#sec-plc-2003.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2003.01}

Any individual not currently certified as a CHW in New Hampshire who wishes to be voluntary certified as a CHW shall:

(a) Have obtained a high school diploma or have passed a test that resulted in the receipt of a certificate of high school equivalency; and

(b) Have achieved the skills and abilities necessary for the profession by either:

(1) The work experience pathway described in Plc 2003.02; or

(2) The training pathway described in Plc 2003.03.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2003.02 Qualifying Based on Work Experience {#sec-plc-2003.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2003.02}

(a) An individual shall be deemed qualified for certification as a CHW if the individual has not less than 4,000 hours of work experience, obtained in the past 5 years, that fall within the scope of practice of a CHW as defined by the National Council of CHW Core Consensus Standards (National C3 Council) at https://www.c3council.org/roles-competencies.

(b) Both paid and unpaid work experience shall count towards the total hours required.

(c) Only hours engaged in work that falls within the CHW scope of practice, hereinafter “qualifying duties”, shall count towards the total hours required.

(d) Qualifying duties shall include the following:

(1) Health education;

(2) Coordinating care including referrals;

(3) Informal support or counseling, or both;

(4) Advocacy for individuals or communities, or both;

(5) Assessment of community needs or individual needs, or both;

(6) Activities to increase community capacity or individual capacity, or both;

(7) Disease prevention and management; and

(8) Outreach.

(e) An individual who engaged in other duties in addition to qualifying duties shall count only those hours spent on qualifying duties towards the total hours required.

History

#14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2003.03 Qualifying Training {#sec-plc-2003.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2003.03}

(a) Program curriculum designed to educate individuals seeking certification as a CHW shall provide training in each of the following core competencies:

(1) Communication skills;

(2) Interpersonal and relationship-building skills;

(3) Service coordination and navigation skills;

(4) Education and facilitation skills;

(5) Advocacy skills;

(6) Building individual and community capacity;

(7) Individual and community assessment;

(8) Outreach skills;

(9) Professional skills and conduct;

(10) Evaluation and research skills; and

(11) Knowledge of social determinants of health and cultural competency and the public health structure.

(b) The applicant shall demonstrate completion of the training required by (a), above, by submitting an official transcript as required by Plc 304.01(c), from any of the following training organizations:

(1) North Country Health Consortium, available at https://nchcnh.org;

(2) Southern New Hampshire Area Health Education Center, available at https://www.snhahec.org/;

(3) White Mountains Community College at https://www.wmcc.edu; or

(4) Any other training organization with a curriculum meeting the criteria of (a) above.

(c) An applicant who has received training from an organization not listed in (b), above, may request a waiver under Plc 211 to allow the alternative organization’s training to be accepted. The executive director shall grant the requested waiver if the applicant demonstrates that either:

(1) The alternative organization offers CHW training that meets the standards of the National C3 Council; or

(2) The alternative organization’s training is accepted by at least 10 other U.S. jurisdictions that require or offer CHW certification.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25 (formerly Plc 2003.01(c), Plc 2003.02(a), and Plc 2003.02(b)); ss by #14629, eff 9-21-26, EXPIRES: 9-21-36

N.H. Code Admin. R. Ann. Plc 2003.04 Application for Initial Voluntary Certification {#sec-plc-2003.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 2003.04}

An individual who is not already certified as a CHW in New Hampshire shall apply for initial certification by complying with Plc 304.01, subject to the following:

(a) On or with the profession-specific supplement required by Plc 304.01(a)(3), the applicant shall provide the information and documentation specified in Plc 2003.05;

(b) No criminal background check shall be required; and

(c) The fee shall be the application processing and licensing fee specified in Plc 1002.54, provided that an applicant who is active military or a military spouse shall not pay the fee.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35 (formerly Plc 2003.03)

N.H. Code Admin. R. Ann. Plc 2003.05 Additional Information and Documentation for Initial Applications {#sec-plc-2003.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 2003.05}

In addition to the information required by Plc 304.03 and the documentation required by Plc 304.04, an applicant for voluntary certification as a CHW shall provide the following:

(a) If qualified based on work experience, the following information for each position held at which qualifying tasks were performed:

(1) The name and address of the organization at which or for which the qualifying duties were undertaken;

(2) The month and year when the work was started and when the work ended;

(3) The total hours spent engaged in qualifying duties;

(4) The specific qualifying duties undertaken; and

(5) The name, daytime telephone number, and position held of an individual who can verify the information required by (1) through (4), above; and

(b) If qualified based on training:

(1) The following information for each organization that provided the training:

a. Name, address, telephone number, and email address; and

b. Date training started and date training completed; and

(2) A copy of the training certificate issued at the completion of the training.

History

#14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2003.06 Processing of Applications for Initial Voluntary Certification; Decisions {#sec-plc-2003.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 2003.06}

(a) Within 30 days of receipt of an application for initial voluntary certification submitted pursuant to Plc 2003.03, the licensing bureau shall process the application as provided in Plc 304.06.

(b) The application shall be subject to the abandonment provisions of Plc 304.06(h) and the withdrawal provisions of Plc 304.07.

(d) The licensing bureau shall approve an application for initial certification and issue a certification if the applicant:

(1) Meets the qualifications stated in Plc 2003.01;

(2) Has complied with Plc 2003.04;

(4) No information has been submitted that would support a finding that the applicant has engaged in any of the conduct listed in RSA 326-N:5, reprinted in Appendix B.

History

#14217, INTERIM, eff 4-1-25 ss by #14388, eff 10-24-25, EXPIRES: 10-24-35 (formerly Plc 2003.04)

N.H. Code Admin. R. Ann. Plc 2003.07 Challenging a Denial of Initial Voluntary Certification; Challenging Certification Conditions {#sec-plc-2003.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 2003.07}

An applicant who wishes to challenge the denial of an application for initial certification or who wishes to challenge conditions included in the certification shall do so as provided in Plc 304.10.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35 (formerly Plc 2003.05)

N.H. Code Admin. R. Ann. Plc 2003.08 Initial Voluntary Certification: Issuance and Duration {#sec-plc-2003.08 omnilex-key=us-nh-regs-official--agency-plc--Plc 2003.08}

(a) Initial certifications shall be issued in accordance with Plc 304.11.

(b) Initial certifications shall be valid as provided in Plc 304.12.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35 (formerly Plc 2003.06)

Part Plc 2004 Certificant Obligations

N.H. Code Admin. R. Ann. Plc 2004.01 Certificant {#sec-plc-2004.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2004.01}

Obligations to Notify, Display Certification.

(a) Each certificant shall comply with Plc 307.02 relative to required notifications, updates of contact information, and providing information on how complaints can be filed.

(b) As required by RSA 326-N:4, a certified CHW shall conspicuously display the certification in the certificant’s principal place of business, provided that if the certificant provides services in places other than an office, the certificant shall carry a copy of the certification.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2004.02 Certificant {#sec-plc-2004.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2004.02}

Responsibilities for Renewal. Each certificant shall:

(a) Know when the individual’s certification is due to expire; and

(b) File an application for renewal prior to the expiration of the current certification in accordance with Plc 2005 if the certificant wishes to continue to practice as a certified CHW in New Hampshire.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2004.03 Continuing Education Required {#sec-plc-2004.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2004.03}

(a) Certificants shall complete a minimum of 6 continuing education credits during the 2-year period prior to each renewal of certification.

(b) The credits shall be earned through any combination of live programming and self-directed study programs.

(c) Continuing education events offered or approved by an approved training organization shall qualify for continuing education credits.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2004.04 Documentation Requirements; Audits {#sec-plc-2004.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 2004.04}

(a) Certificants shall comply with the continuing education recordkeeping requirements in, and shall be subject to the audit provisions of, Plc 308.04.

(b) When applying to renew a certification, the applicant shall:

(1) Identify each program used to meet the continuing education requirement by name of sponsor, date and length of program, program instructor, and program location; and

(2) Sign an attestation on the renewal application that the applicable continuing education requirements have been met.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

Part Plc 2005 Voluntary Certification Renewal and Reinstatement

N.H. Code Admin. R. Ann. Plc 2005.01 Eligibility for Voluntary Certification Renewal {#sec-plc-2005.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2005.01}

To be eligible for renewal of a certification as a CHW, an individual shall:

(a) Have completed the continuing education required by Plc 2004.03;

(b) Have paid all administrative and civil penalties imposed, if any; and

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2005.02 Notification of Pending Certification Expiration {#sec-plc-2005.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2005.02}

(a) At least 60 days prior to the expiration of a certification, the licensing bureau shall notify the certificant in accordance with Plc 308.03.

(b) A certificant who wishes to renew who does not receive notification shall contact OPLC customer support at CustomerSupport@oplc.nh.gov to obtain the needed renewal information.

(c) If an application for renewal is not received by the OPLC prior to the expiration date of the certification, the certification shall be expired.

(d) An individual whose certification has expired shall not self-represent as a certified CHW in New Hampshire.

(e) An individual whose certification has expired but not lapsed who wishes to be reauthorized to practice as a certified CHW shall apply for recertification in accordance with Plc 2005.07.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2005.03 Applying for Certification Renewal {#sec-plc-2005.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2005.03}

A certified CHW who wishes to renew a certification to practice as a certified CHW shall apply for renewal by complying with Plc 308.05, subject to the following:

(a) On or with the profession-specific supplement required by Plc 308.05(b)(2), the applicant shall provide the information and attestation relative to meeting continuing education requirements specified in Plc 2004.04(b); and

(b) The fee shall be the application processing and licensing fee specified in Plc 1002.54, provided that an applicant applying to renew who is active military or a military spouse shall not pay the fee.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2005.04 Processing of Renewal Applications; Decisions {#sec-plc-2005.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 2005.04}

(a) The licensing bureau shall process the application as provided in Plc 308.09.

(b) An applicant may withdraw the application for certification renewal at any time prior to being notified of a decision under Plc 308.11 by proceeding in accordance with Plc 308.10.

(c) The licensing bureau shall review complete applications, make decisions, and notify applicants in accordance with Plc 308.11.

(d) The licensing bureau shall issue a renewal certification if the applicant:

(1) Has submitted a renewal application in accordance with Plc 2005.03;

(2) Meets the requirements for renewal stated in Plc 2005.01; and

(3) Has not been shown, through an adjudicative proceeding, to have engaged in an act that would result in denial under RSA 326-N:5, reprinted in Appendix B.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2005.05 Challenging a Denial of {#sec-plc-2005.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 2005.05}

Certification Renewal; Challenging Certification Conditions. An applicant who wishes to challenge the denial of an application for certification renewal or who wishes to challenge conditions included in the renewal certification shall do so as provided in Plc 308.12.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2005.06 Renewal {#sec-plc-2005.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 2005.06}

Certifications: Issuance and Duration.

(a) The OPLC shall issue renewal certifications for certified CHWs in accordance with Plc 308.13(a).

(b) Renewal certifications shall be valid as provided in Plc 308.13(b).

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2005.07 Obtaining a {#sec-plc-2005.07 omnilex-key=us-nh-regs-official--agency-plc--Plc 2005.07}

Certification After Expiration, Lapse, Suspension, or Revocation.

(a) The procedures in Plc 312 shall govern how to obtain a certification after expiration, suspension, or revocation.

(b) To obtain certification after the prior certification has lapsed, the former certificant shall apply for a new certification in accordance with Plc 2003.04.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

Part Plc 2006 Ethical and Professional Standards

N.H. Code Admin. R. Ann. Plc 2006.01 Applicability {#sec-plc-2006.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2006.01}

(a) The standards in this part shall apply to each individual who applies to be certified under RSA 326-N or who is voluntarily certified under RSA 326-N.

(b) Violations of these standards shall constitute unprofessional conduct that subjects the violator to disciplinary proceedings pursuant to Plc 311.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2006.02 Ethical Standards {#sec-plc-2006.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2006.02}

A certificant shall:

(a) Hold the health and safety of clients to be of first consideration and render to each client the full measure of the certificant’s ability as an essential part of the health care system;

(b) Communicate the potential benefits and consequences of available services, including the programs they are employed under and others that are available in the community;

(c) Not engage in any activity that is illegal or unethical, and report illegal or unethical conduct in the profession to the OPLC or other appropriate authority;

(d) Never agree to or participate in transactions with practitioners of other health professions or any other person under which fees are divided or that might cause financial or other exploitation in connection with the rendering of professional services;

(e) Respect the confidential and personal nature of professional records, and disclose such information only as allowed by state or federal law;

(f) Not knowingly agree to practice under terms or conditions that prevent the proper exercise of professional judgment and skill or otherwise cause a deterioration of the quality of provided services, and never consent to unethical conduct;

(g) Acknowledge when a client’s issue(s) are outside the scope of the certificant’s scope of practice and provide referrals to appropriate services; and

(h) Not represent professional services in a manner that is misleading to the public or that conveys by implication that the services of other certified CHWs or other healthcare professionals are unethical or inferior.

History

#14388, eff 10-24-25, EXPIRES: 10-24-35

N.H. Code Admin. R. Ann. Plc 2006.03 Professional Obligations {#sec-plc-2006.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2006.03}

Each individual who is subject to this chapter shall:

(a) Comply with RSA 326-N, Plc 300, and Plc 2000;

(b) Comply with any disciplinary or remedial orders issued by the executive director within any time periods specified;

(d) Not misrepresent professional qualifications or credentials;

(e) Cooperate with inspections and with lawful investigations by the executive director;

(f) Treat all individuals with whom the individual interacts in a professional capacity with respect and civility;

(g) Maintain sexual boundaries by:

(1) Refraining from any behavior that exploits the CHW-client relationship in a sexual way; and

(2) Avoiding any behavior that is sexual or sexually demeaning, or that could be reasonably interpreted as such, even when initiated by or consented to by the client or colleague;

(h) Not engage in hazing or sexual, verbal, or physical harassment of any individual when interacting in a professional capacity; and

(i) Not discriminate based on age, sex, gender identity, sexual orientation, race, creed, color, marital status, familial status, physical or mental disability, national origin, or any other class of individuals protected by law.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35

Part Plc 2007 Practice and Procedures

N.H. Code Admin. R. Ann. Plc 2007.01 Rules of Practice and Procedure {#sec-plc-2007.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2007.01}

(a) The rules in Plc 200 and Plc 311 shall govern:

(1) The receipt of misconduct complaints and the investigation thereof;

(2) The conduct of disciplinary hearings and non-disciplinary remedial hearings;

(3) Disciplinary and non-disciplinary remedial proceedings;

(4) The imposition of license conditions;

(5) Reciprocal discipline; and

(6) Rehearings and appeals.

(b) The rules in Plc 200 shall govern:

(1) The conduct of all other adjudicative and non-adjudicative proceedings;

(2) Waivers of rules;

(3) Voluntary surrender of licenses; and

(4) Any other procedures not included in this chapter.

APPENDIX A: State Statute(s) Implemented

Rule(s)

State Statute(s) Implemented

Plc 2001

RSA 326-N:1-8

Plc 2002

RSA 326-N:1

Plc 2003

RSA 310:4, II; RSA 326-N:3; RSA 326-N:4; RSA 326-N:5

Plc 2004

RSA 326-N:3, II

Plc 2005

RSA 310:8, III

Plc 2006

RSA 326-N:3, II

Plc 2007

RSA 326-N:8

Appendix B: Statutory Terms

326-N:1 Definitions. –

I. "Applicant" means an individual applying to be certified or recertified as a community health worker.

II. "Certificate" means the document issued by the office of professional licensure and certification to qualified applicants for certification as community health workers.

III. "Certification" means the voluntary process by which the office of professional licensure and certification grants recognition and use of a credential to individuals who are eligible to practice as certified community health workers.

IV. "Certified community health worker" means a community health worker to whom the office of professional licensure and certification has issued a certificate to practice as a certified community health worker.

V. "Commissioner" means the commissioner of the department of health and human services.

VI. "Community health worker" means a public health worker who applies an understanding of the experience, language, and culture of the populations that the individual serves and who provides direct services aimed at optimizing individual and family health outcomes, including:

(a) Informal and motivational counseling and education;

(b) Interventions to maximize social supports;

(d) Facilitation of access to health care and social services;

(e) Health screenings;

(f) Other services that the commissioner defines by rules adopted under RSA 541-A.

VIII. "Executive director" means the executive director of the office of professional licensure and certification.

IX. "Recertification" means a renewal of certification.

X. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of optimizing individual and family health outcomes.

326-N:5 Suspension; Revocation or Refusal to Issue Certification. – The executive director may deny the application for a certified community health worker and may suspend or revoke the certification issued pursuant to this chapter or refuse to issue a renewal thereof if it is determined after a hearing that such applicant or certified mental health worker:

I. Has made a material false statement or concealed a material fact in connection with his or her application for certification;

II. Has had a certificate issued under this chapter revoked or suspended previously;

III. Has a criminal conviction for crimes involving fraud or fraudulent practices;

IV. Has failed to comply with any other provision of this chapter or any rules promulgated by the executive director.

History

#14217, INTERIM, eff 4-1-25; ss by #14388, eff 10-24-25, EXPIRES: 10-24-35
2024, 289:6, eff. Jan. 1, 2025.
2024, 289:6, eff. Jan. 1, 2025.

Chapter Plc 2100 Alternative Dispute Resolution (adr) Program for Manufactured Housing

Part Plc 2101 Purpose; Applicability

N.H. Code Admin. R. Ann. Plc 2101.01 Purpose {#sec-plc-2101.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2101.01}

The purpose of this chapter is to implement RSA 310:6, II and RSA 205-D:3, V by providing:

(a) Fair and effective recourse for consumers relative to installation standards; and

(b) A dispute resolution program for the timely resolution of disputes between manufacturers, retailers, and installers of manufactured housing regarding responsibility relative to the installation of manufactured housing and the correction or repair of defects in manufactured houses that are reported during the one-year period beginning on the date of installation.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2101.02 Applicability {#sec-plc-2101.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2101.02}

(a) The rules in this chapter shall apply to disputes, regardless of whether the consumer or a different party initiates the dispute:

(1) That arise from the need to correct or repair defects in manufactured houses that are reported during the one-year period beginning on the date of installation; and

(2) For which the parties have elected to use the ADR procedures available under Plc 2100.

(b) No person shall be required to use the ADR procedures available under Plc 2100.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

Part Plc 2102 Definitions

N.H. Code Admin. R. Ann. Plc 2102.01 Arbitration {#sec-plc-2102.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2102.01}

“Arbitration” means a procedure in which a dispute is submitted, by agreement of the parties, to a neutral or panel of neutrals who make(s) a decision on the dispute. The term includes “binding arbitration”, in which the parties are bound the decision, and “non-binding arbitration”, in which the parties are not bound by the decision.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2102.02 Board {#sec-plc-2102.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2102.02}

“Board” means the installation standards board established by RSA 205-D:2.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2102.03 Mediation {#sec-plc-2102.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2102.03}

“Mediation” means a voluntary, non-binding process using a neutral third party to help the parties reach a mutually-acceptable resolution of their dispute.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2102.04 Neutral {#sec-plc-2102.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 2102.04}

“Neutral” as a noun means an impartial individual who does not represent or support the interests of any of the persons involved in the proceeding, who works with the parties to resolve the dispute. The term includes “neutral evaluator”, “mediator”, and “arbitrator”.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2102.05 Neutral evaluation {#sec-plc-2102.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 2102.05}

“Neutral evaluation” means the review and evaluation of each party’s position, and the underlying support for that position, by a neutral who evaluates the information and provides an opinion, orally and in writing, that contains a suggested settlement or disposition and the reasons therefor.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

Part Plc 2103 Adr Availability and Impact

N.H. Code Admin. R. Ann. Plc 2103.01 Availability {#sec-plc-2103.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2103.01}

(a) Any consumer, installer, retailer, or manufacturer may elect to pursue ADR to resolve disputes among or between the consumer, installer, retailer, or manufacturer arising from the need to correct or repair defects in manufactured houses that are reported during the one-year period beginning on the date of installation.

(b) The board shall facilitate a choice of ADR mechanisms to encourage informal settlement.

(d) Attempting to resolve a dispute using ADR shall not impair any party’s right to an adjudicative hearing before the board.

(e) The parties to a dispute shall be given the opportunity at a pre-hearing conference to discuss and decide whether or not they wish to engage in neutral evaluation, mediation, or non-binding arbitration as described in Plc 2100.

(f) If neutral evaluation is chosen, the procedure shall be governed by Plc 2104.

(g) If mediation is chosen, the procedure shall be governed by Plc 2105.

(h) If non-binding arbitration is chosen, the procedure shall be governed by Plc 2106.

(i) If any party elects to not pursue ADR, the matter shall be scheduled for an adjudicative hearing before the board.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2103.02 Location of ADR Sessions {#sec-plc-2103.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2103.02}

ADR sessions shall be conducted at a neutral location, such as the OPLC offices, or at another location that is more convenient for the participants that all participants agree to use.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2103.03 Neutrals {#sec-plc-2103.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2103.03}

(a) A neutral shall be an attorney or administrative law judge approved by the OPLC based on the criteria in (b), below.

(b) To be approved as a neutral, an individual shall be an attorney admitted to practice in New Hampshire in good standing, who has:

(1) A minimum of 5 years of experience in litigation in the subject matter area(s) to which the individual might be assigned as a neutral;

(2) Training as a mediator or arbitrator; or

(3) Experience in performing quasi-judicial roles, including but not limited to 20 hours experience in ADR or 5 years in a quasi-judicial role such as presiding at administrative disciplinary or non-disciplinary remedial proceedings.

(c) Neutrals shall not be called as a witness in any subsequent proceeding relating to any party’s negotiations or participation.

(d) The following criteria shall apply to the selection of a neutral of any kind:

(1) The neutral shall not have personal knowledge of any of the parties;

(2) The neutral shall disclose any circumstances that are likely to:

a. Create a conflict of interest or the appearance of a conflict of interest;

b. Present a reasonable inference of bias; or

c. Prevent the process from proceeding in a timely manner; and

(3) The neutral shall not act as a legal advisor to, or legal representative of, any of the parties in the proceeding or the board.

(e) If the parties use a neutral offered by the OPLC, no expenses of the neutral shall be charged to the parties. If the parties elect to use a private neutral, the parties shall bear all expenses of the ADR.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2103.04 Effect of ADR on Subsequent Proceedings {#sec-plc-2103.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 2103.04}

(a) Information, evidence, or the admission of any party or the valuation placed on the case by any neutral shall not be disclosed or used in any subsequent adjudicative proceeding.

(b) Subject to (f), below, statements made and documents prepared by a party, party’s representative, or any other participant in aid of the ADR proceeding shall be privileged and not disclosed to any judicial or quasi-judicial body for any purpose as an admission against interest.

(1) Non-binding proceedings; and

(2) Deemed equivalent to settlement conferences for purposes of RSA 91-A.

(d) No record of any ADR proceeding shall be made.

(e) The neutral shall:

(1) Destroy all notes immediately after the proceeding; and

(2) Not be called in any subsequent proceeding to testify about the ADR proceeding.

(f) Evidence otherwise admissible at a trial or hearing shall not be rendered inadmissible as a result of its use in the ADR proceeding.

(g) If an agreement between or among the parties is reached as a result of an ADR process, the parties shall inform the neutral and submit the agreement to the board in the same manner as a settlement agreement, to be issued by the board as a binding order.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

Part Plc 2104 Neutral Evaluation

N.H. Code Admin. R. Ann. Plc 2104.01 Neutral Evaluation Preliminary Procedures {#sec-plc-2104.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2104.01}

(a) If the parties agree to attempt to settle differences through neutral evaluation, the OPLC shall provide the parties with résumés of at least 3 neutral evaluators who meet the qualifications specified in Plc 2103.03(b).

(b) Within 10 days of receiving the résumés, the parties shall select one neutral evaluator to preside at the evaluation using the criteria in Plc 2103.03(d), and may select an alternate neutral evaluator to preside in the event the chosen neutral evaluator becomes unavailable.

(c) If the neutral evaluator withdraws, develops a conflict of interest, or otherwise becomes unavailable, and the parties did not preselect an alternate, the OPLC shall appoint a neutral evaluator who meets the criteria in Plc 2103.03(b) and (d) to hear and decide the matter.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2104.02 Scheduling the Neutral Evaluation {#sec-plc-2104.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2104.02}

Following the selection of a neutral evaluator, the parties shall:

(a) Schedule the neutral evaluation to occur within 30 days of the date the neutral evaluator was selected;

(b) Agree to the time, date, and place of the neutral evaluation; and

(c) Specify the date by which the parties shall furnish the neutral evaluator with the information and documentation required by Plc 2104.03(a).

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2104.03 Exchange of Case Statements; No Other Communication {#sec-plc-2104.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2104.03}

(a) Not less than 5 days prior to the scheduled date of the neutral evaluation, the parties shall submit to the neutral evaluator, and exchange with each other, a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely. Such summaries shall be not longer than 4 pages, exclusive of the attached documents.

(b) Except as provided in (c), below, the parties shall not communicate with the neutral evaluator concerning the case outside of the neutral evaluation session.

(c) If the neutral evaluator deems it necessary, the neutral evaluator shall request additional written information prior to the neutral evaluation session from one or more party(ies).

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2104.04 Conduct of Neutral Evaluation Session {#sec-plc-2104.04 omnilex-key=us-nh-regs-official--agency-plc--Plc 2104.04}

(a) At the neutral evaluation session, all parties shall be present with authority to approve a settlement.

(b) At the neutral evaluation session, the neutral evaluator:

(1) Shall allow each party no more than 30 minutes to supplement their written summaries with a brief oral statement; and

(2) May address questions to the parties.

(c) The session shall be limited to not more than 2 hours unless all parties agree to extend the time to allow a constructive discussion to continue.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2104.05 Issuance of Evaluator’s Opinion {#sec-plc-2104.05 omnilex-key=us-nh-regs-official--agency-plc--Plc 2104.05}

(a) At the conclusion of the session, the neutral evaluator shall issue an oral opinion that contains a suggested settlement or disposition and the reasons therefor.

(b) The neutral evaluator shall mail a written report of the opinion and suggestion(s) to the parties within 48 hours of the session, excluding Saturdays, Sundays, and state or federal holidays.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2104.06 Results of Neutral Evaluation {#sec-plc-2104.06 omnilex-key=us-nh-regs-official--agency-plc--Plc 2104.06}

(a) If the neutral evaluation results in an agreement between or among the parties, the parties shall comply with Plc 2103.04(g) not later than 10 days after the neutral evaluator’s written opinion is received.

(b) If the neutral evaluation does not result in an agreement, the parties shall so inform the neutral evaluator, and the neutral evaluator shall:

(1) Document only the date and the participants at the meeting;

(2) Destroy all notes and written materials; and

(3) Advise the board that the neutral evaluation has taken place but did not result in an agreement.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

Part Plc 2105 Mediation

N.H. Code Admin. R. Ann. Plc 2105.01 Mediation Preliminary Procedures {#sec-plc-2105.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2105.01}

(a) If mediation is selected, the OPLC shall provide the parties with résumés of 3 individuals who meet the qualifications specified in Plc 2103.03(b).

(b) Within 10 days of receiving the résumés, the parties shall select a mediator to manage the mediation using the criteria in Plc 2103.03(d), and may select an alternate mediator in the event the chosen mediator becomes unavailable.

(c) If the mediator withdraws, has a conflict of interest, or is otherwise unavailable, and the parties did not preselect an alternate, the OPLC shall appoint a mediator who meets the criteria in Plc 2103.03(d) to engage with the parties.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2105.02 Scheduling the Mediation; Exchange of Information {#sec-plc-2105.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2105.02}

(a) The initial mediation session shall be scheduled to occur within 30 calendar days after selection of the mediator.

(b) Not later than 10 days prior to the session, the parties shall submit to the mediator, and exchange with each other, a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely. Such summaries shall be not longer than 4 pages, exclusive of the attached documents.

(c) Upon receipt of a party’s submission, any party may send additional information responding to that submission. All such responsive submissions shall be exchanged with the opposing party and shall contain a statement of compliance with the exchange requirement.

(d) Subject to (e), below, the parties shall not communicate with the mediator concerning the case outside of the mediation session.

(e) If the mediator deems it necessary, the mediator shall request additional written information prior to the mediation session from one or more party(ies).

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2105.03 Conduct of Mediation Session(s) {#sec-plc-2105.03 omnilex-key=us-nh-regs-official--agency-plc--Plc 2105.03}

(a) The role of the mediator shall be to:

(1) Facilitate communication between or among the parties;

(2) Define the issues and explore possible resolutions to the dispute;

(3) Remain neutral; and

(4) Ensure that parties openly, freely, and candidly discuss the strengths and weaknesses of their positions with the mediator.

(b) At the initial mediation session, the mediator shall facilitate discussion to:

(1) Determine issues;

(2) Explore options; and

(3) Attempt to reach an equitable resolution to the dispute.

(c) Information provided to the mediator in private discussion shall be confidential and shall not be divulged to the opposing side unless specifically authorized.

(d) The mediator shall not have the authority to render a decision or impose a settlement on the parties.

(e) The mediation conference shall consist of a session or sessions with the parties and their legal counsel, if available, to facilitate a settlement acceptable to the parties.

(f) If resolution cannot be achieved on the date assigned, the mediator shall:

(1) If all parties agree, continue the mediation process, either with additional in-person mediation sessions or telephone conferences, for not more than an additional 45 days; or

(2) If all parties do not agree to continue the mediation, file a report with the board not later than 5 days after the last mediation session held advising that mediation failed to resolve the dispute.

(h) If the case is settled, whether as a result of one mediation session or multiple mediation sessions, the parties shall comply with Plc 2103.04(g) not later than 10 days after the final mediation session.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

Part Plc 2106 Non-Binding Arbitration

N.H. Code Admin. R. Ann. Plc 2106.01 Non-binding Arbitration Preliminary Procedures {#sec-plc-2106.01 omnilex-key=us-nh-regs-official--agency-plc--Plc 2106.01}

(a) If the parties select non-binding arbitration, the OPLC shall provide the parties with résumés of 3 individuals who meet the qualifications specified in Plc 2103.03(b).

(b) Within 10 days of receiving the résumés, the parties shall select an arbitrator using the criteria in Plc 2103.03(d), and may select an alternate arbitrator in the event the chosen arbitrator becomes unavailable.

(c) If the arbitrator withdraws, has a conflict of interest, or is otherwise unavailable, and the parties did not preselect an alternate, the OPLC shall appoint an arbitrator who meets the criteria in Plc 2103.03(d) to engage with the parties.

History

#14331, eff 8-20-25, EXPIRES: 8-20-35

N.H. Code Admin. R. Ann. Plc 2106.02 Scheduling the Arbitration; Exchange of Information {#sec-plc-2106.02 omnilex-key=us-nh-regs-official--agency-plc--Plc 2106.02}

(a) The initial arbitration session shall be scheduled to occur within 30 calendar days after selection of the arbitrator.

(b) Not later than 10 days prior to the session, the parties shall submit to the arbitrator, and exchange with each other, a summary of the significant aspects of their case. The parties shall attach to the summary copies of all documents on which they rely. Such summaries shall be not longer than 4 pages, exclusive of the attached documents.

(c) Upon receipt of an opposing party’s submission, the party may send additional information responding to that submission. All such responsive submissions shall be exchanged with the other party and shall contain a statement of compliance with the exchange requirements.

(d) At the session, the following shall apply:

(1) Each party shall be limited to one hour to present that party’s case;

(2) Direct examination and cross-examination shall be limited to the parties or their representatives;

(3) The arbitrator shall be permitted to ask questions;

(4) Formal rules of evidence shall not apply; and

(5) If the arbitrator permits closing arguments, each party shall be limited to 5 minutes.

(e) Within 5 days after the session, the arbitrator shall file a ruling with the parties and the board. The ruling shall include a brief explanation of the reasons for the arbitrator’s conclusion.

(f) If the parties reach an agreement as a result of the arbitration, the parties shall comply with Plc 2103.04(g) not later than 10 days after the arbitrator’s ruling is filed.

Appendix A: State Statutes Implemented

Rule

State Statute(s) Implemented

Plc 2100

RSA 205-D:3, V; 24 CFR Part 3288, Subpart D

History

#14331, eff 8-20-25, EXPIRES: 8-20-35