328-A:1 Legislative Intent
This chapter is enacted for the purpose of protecting the public health, safety, and welfare, and of providing for state administrative control, supervision, licensure and regulation of the practice of physical therapy. It is the legislature's intent that only individuals who meet and maintain prescribed standards of competence and conduct may engage in the practice of physical therapy as authorized by this chapter. This chapter shall be liberally construed to promote the public interest and to accomplish the purpose stated herein.

Source. 2002, 237:1, eff. July 1, 2002.

328-A:2 Definitions
In this chapter and RSA 328-F:

1. "Board'' means the physical therapy governing board established in RSA 328-F.
2. "Consultation by means of telecommunication'' means that a physical therapist renders professional or expert opinion or advice to another physical therapist or health care provider via telecommunications or computer technology from a distant location. It includes the transfer of data or exchange of educational or related information by means of audio, video, or data communications.
3. "Direct personal supervision'' means that the physical therapist or the physical therapist assistant is physically present and immediately available to direct and supervise tasks that are related to patient/client management. The direction and supervision is continuous throughout the time these tasks are performed. Telecommunications does not meet the requirement of direct personal supervision.
4. "Direct supervision'' means that the physical therapist is physically present and immediately available for direction and supervision. The physical therapist will have direct contact with the patient/client during each visit that is defined as all encounters with a patient/client in a 24-hour period. Telecommunications does not meet the requirement of direct supervision.
5. "General supervision'' means that the physical therapist is not required to be on-site for direction and supervision, but must be available at least by telecommunications.
6. "Jurisdiction of the United States'' means any state, territory or the District of Columbia that licenses physical therapists.
7. "Physical therapist'' or "physiotherapist'' means a person who is licensed pursuant to this chapter to practice physical therapy in this state.
8. "Physical therapist assistant'' means a person who meets the requirements of this chapter for licensure and who assists the physical therapist in selected components of physical therapy intervention.
9. "Physical therapy'' or "physiotherapy'' means the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter.
10. "Physical therapy aide'' means a support person trained under the direction of a physical therapist who performs designated and supervised routine tasks related to physical therapy.
11. "Practice of physical therapy'' or "practice of physiotherapy'' means:
    1. Testing, examining and evaluating impairments, movement dysfunctions, and disabilities or other health and movement-related conditions in order to determine a diagnosis, prognosis, and plan of intervention, and to assess the outcomes of intervention.
    2. Alleviating impairments, movement dysfunctions, and disabilities by designing and implementing, and modifying interventions that include, but are not limited to therapeutic exercise; training related to movement dysfunctions in self care and in home, community or work integration or reintegration; manual therapy including soft tissue and joint mobilization; therapeutic massage; assistive and adaptive orthotic, prosthetic, protective and supportive devices and equipment related to movement dysfunctions; airway clearance techniques; integumentary protection and repair techniques; debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; and patient-related instruction.
    3. Reducing the risk of injury, impairment, movement dysfunctions and disability, including the promotion and maintenance of health, wellness, and fitness in populations of all ages.
    4. Engaging in administration, consultation, education and research.
12. "Restricted license'' means a license on which the board places restrictions or conditions, or both, as to scope of practice, place of practice, supervision of practice, duration of licensed status, or type or condition of patient or client to whom the licensee may provide services.
13. "Testing'' means standardized methods and techniques used to gather data about the patient, including electrodiagnostic and electrophysiologic tests and measures.
14. "Animal physical therapist'' means a person who is licensed to practice physical therapy in New Hampshire pursuant to this chapter and has obtained a certification to practice animal physical therapy.
15. "Animal physical therapy'' means the practice of physical therapy on animals.

Source. 2002, 237:1. 2003, 310:5. 2009, 311:1, eff. Jan. 1, 2010.

328-A:3 Powers and Duties of the Board.

The board shall:

1. Provide for the examinations for physical therapists and physical therapist assistants and adopt passing scores for these examinations.
2. Regulate the practice of physical therapy by interpreting and enforcing this chapter.
3. Elect officers from its members necessary for the operations and obligations of the board. Terms of office shall be one year.

Source. 2002, 237:1. 2003, 310:6-8, 65, I, eff. July 1, 2003. 2021, 197:24, 25, I, eff. July 1, 2021. 2023, 79:319, eff. Sept. 1, 2023.

328-A:4 Rulemaking.

The board shall adopt rules pursuant to RSA 541-A:

1. Establishing standards for approving entities which evaluate credentials of foreign-educated applicants for licensure.
2. Establishing standards for approving professional physical therapy education programs and for approving national accreditation organizations that accredit professional physical therapy education programs.
3. Specifying the examinations and passing scores required as part of the eligibility requirements for licensure or the standards which such examinations and examination scores are required to meet.
4. Establishing the standards for board approval of an applicant's plan for additional clinical training or course work or both under the circumstances of an applicant's request to retake the examination more than 3 times.
5. Specifying the selected components of physical therapy intervention in which licensed physical therapists may assist.
6. Specifying the use of assistive personnel and their supervision by licensed physical therapists.
7. [Repealed.]
8. Regarding the establishment, criteria, and renewal of, and disciplinary proceedings for certified animal physical therapists under RSA 328-A:15-b.
9. Regarding implementation and coordination of the physical therapy licensure compact adopted in RSA 328-A:5-a.

Source. 2002, 237:1. 2003, 310:9. 2009, 311:3. 2012, 171:26, XIV, eff. Aug. 10, 2012. 2017, 189:1, eff. July 1, 2017. 2023, 79:320, eff. Sept. 1, 2023.

328-A:5 Eligibility for Licensure.

1. An applicant for a license as a physical therapist who has been educated in the United States shall:
   1. Be of good moral character.
   2. [Repealed.]
   3. Be a graduate of a professional physical therapy education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved accrediting organization.
   4. Have successfully passed the national examination approved by the board.
   5. Have maintained continuing competency in physical therapy for a period of one year prior to filing.
2. An applicant for a license as a physical therapist who has been educated outside of the United States shall:
   1. Be of good moral character.
   2. [Repealed.]
   3. Have completed a professional physical therapy education program sponsored by an institution recognized by the ministry of education of the country of the institution's location and determined by either The Foreign Credentialing Commission on Physical Therapy or another board-approved entity performing credentials evaluations to be substantially equivalent to a program approved by the board for applicants educated in the United States.
   4. [Repealed.]
   5. [Repealed.]
   6. [Repealed.]
   7. Have passed the board-approved English proficiency examinations if the applicant's native language is not English.
   8. Have successfully passed the national examination approved by the board.
   9. Have maintained continuing competency in physical therapy for a period of one year prior to filing.
3. Notwithstanding the provisions of paragraph II, if the foreign-educated applicant is a graduate of a professional physical therapy education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved accrediting organization or is a graduate of a professional physical therapy education program approved by the board, the board shall waive the requirements of paragraph II(c).
4. An applicant for a license as a physical therapist assistant shall:
   1. Be of good moral character.
   2. [Repealed.]
   3. Be a graduate of a physical therapist assistant education program accredited by the Commission on the Accreditation of Physical Therapy Education or by another board-approved organization.
   4. Have successfully passed the national examination approved by the board.
   5. Have maintained continuing competency in physical therapy for a period of one year prior to filing.

Source. 2002, 237:1. 2003, 310:10-19, 65, II-V, eff. July 1, 2003.

328-A:5-a Physical Therapy Licensure Compact.

The physical therapy licensure compact is enacted into law and entered into by this state with all states legally joining therein in the form substantially as follows:

1. The purpose of this compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure. This compact is designed to achieve the following objectives:
   1. Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses.
   2. Enhance the states' ability to protect the public's health and safety.
   3. Encourage the cooperation of member states in regulating multistate physical therapy practice.
   4. Support spouses of relocating military members.
   5. Enhance the exchange of licensure, investigative, and disciplinary information between member states.
   6. Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state's practice standards.
2. Definitions. In this compact:
   1. "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. sections 1209 and 1211.
   2. "Adverse action" means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.
   3. "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.
   4. "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.
   5. "Continuing competence" means a requirement, as a condition of license renewal, to provide evidence of participation in, and completion of, educational and professional activities relevant to practice or area of work.
   6. "Data system" means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.
   7. "Encumbered license" means a license that a physical therapy licensing board has limited in any way.
   8. "Executive board" means a group of directors elected or appointed to act on behalf of, and within the powers granted by, the commission.
   9. "Home state" means the member state that is the licensee's primary state of residence.
   10. "Investigative information" means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.
   11. "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of physical therapy in a state.
   12. "Licensee" means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.
   13. "Member state" means a state that has enacted the compact.
   14. "Party state" means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.
   15. "Physical therapist" means an individual who is licensed by a state to practice physical therapy.
   16. "Physical therapist assistant" means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.
   17. "Physical therapy", "physical therapy practice", and "the practice of physical therapy" mean the care and services provided by or under the direction and supervision of a licensed physical therapist.
   18. "Physical therapy compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact.
   19. "Physical therapy licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.
   20. "Remote state" means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.
   21. "Rule" means a regulation, principle, or directive promulgated by the commission that has the force of law.
   22. "State" means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.
3. State Participation in the Compact.
   1. To participate in the compact, a state must:
      1. Participate fully in the commission's data system, including using the commission's unique identifier as defined in the rules;
      2. Have a mechanism in place for receiving and investigating complaints about licensees;
      3. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee;
      4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with subparagraph (b);
      5. Comply with the rules of the commission;
      6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and
      7. Have continuing competence requirements as a condition for license renewal.
   2. Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. section 534 and 42 U.S.C. section 14616.
   3. A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules.
   4. Member states may charge a fee from granting a compact privilege.
4. Compact Privilege.
   1. To exercise the compact privilege under the terms and provisions of the compact, the licensee shall:
      1. Hold a licensee in the home state;
      2. Have no encumbrance on any state license;
      3. Be eligible for a compact privilege in any member state in accordance with subparagraphs (d), (g), and (h);
      4. Have not had any adverse action against any license or compact privilege within the previous 2 years;
      5. Notify the commission that the licensee is seeking the compact privilege within the remote state;
      6. Pay any applicable fees, including any state fee, for the compact privilege;
      7. Meet any jurisprudence requirements established by the remote states in which the licensee is seeking a compact privilege; and
      8. Report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken.
   2. The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of subparagraph (a) to maintain the compact privilege in the remote state.
   3. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.
   4. A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with the due process and the state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines, and /or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state unitl the specific time for removal has passed and all fines paid.
   5. If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:
      1. The home state license is no longer encumbered; and
      2. Two years have elapsed from the date of the adverse action.
   6. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subparagraph (a) to obtain a compact privilege in any remote state.
   7. If a licensee's compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:
      1. The specific period of time for which the compact privilege was removed has ended;
      2. All fines have been paid; and
      3. Two years have elapsed from the date of the adverse action.
   8. Once the requirements of subparagraph (g) have been met, the licensee must meet the requirements in subparagraph (a) to obtain a compact privilege in a remote state.
5. Active Duty Military Personnel or Their Spouses. A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:
   1. Home of record;
   2. Permanent change of station (PCS); or
   3. State of current residence if it is different than the PCS state or home of record.
6. Adverse Actions.
   1. A home state shall have the exclusive power to impose adverse action against a licensee issued by the home state.
   2. A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.
   3. Nothing in this compact shall override a member state's decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain nonpublic if required by the member state's laws. Member states must require licensees who enter any alternative program in lieu of discipline to agree not to practice in any other member stated during the term of the alternative program without prior authorization from such other member state.
   4. Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.
   5. A remote state shall have the authority to:
      1. Take adverse actions as set forth in subparagraph IV(d) against a licensee's compact privilege in the state;
      2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for attendance and testimony of witnesses, or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses or evidence are located; and
      3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.
   6. Joint Investigations.
      1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.
      2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the compact.
7. Establishment of the Physical Therapy Compact Commission.
   1. The compact member states hereby create and establish a joint public agency known as the physical therapy compact commission.
      1. The commission is an instrumentality of the compact states.
      2. Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
      3. Nothing in this compact shall be construed to be a waiver of sovereign immunity.
   2. Membership, Voting, and Meetings. Each member state shall have and be limited to one delegate selected by that member state's licensing board. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. The member state board shall fill any vacancy occurring in the commission. Each delegate shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
   3. The commission shall have the following powers and duties:
      1. Establish the fiscal year of the commission.
      2. Establish bylaws.
      3. Maintain its financial records in accordance with the bylaws.
      4. Meet and take such actions as are consistent with the provisions of this compact and its bylaws.
      5. Promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules shall have the same force and effect as provisions of this compact and shall be binding in all member states.
      6. Bring and prosecute legal proceedings or actions in the name of the commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected.
      7. Purchase and maintain insurance and bonds.
      8. Borrow, accept, or contract for services of personnel, including but not limited to employees of a member state.
      9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact, and to establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters.
      10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the commission shall avoid any appearance of impropriety and/or conflict of interest.
      11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use, any property, real, personal, or mixed; provided that at all times the commission shall avoid any appearance of impropriety.
      12. Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed.
      13. Establish a budget and make expenditures.
      14. Borrow money.
      15. Appoint committees, including standing committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this compact and the bylaws.
      16. Provide and receive information from, and cooperate with, law enforcement agencies.
      17. Establish and elect an executive board.
      18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of physical therapy licensure and practice.
   4. The Executive Board. The executive board shall have the power to act on behalf of the commission according to the terms of this compact.
      1. The executive board shall be comprised of 9 members:
         1. Seven voting members who are elected by the commission from the current membership of the commission;
         2. One ex-officio, nonvoting member from the recognized national physical therapy professional association; and
         3. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.
      2. The ex-officio members will be selected by their respective organizations.
      3. The commission may remove any member of the executive board as provided in bylaws.
      4. The executive board shall meet at least annually.
      5. The executive board shall have the following duties and responsibilities:
         1. Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues, and any commission compact fee charged to licensees for the compact privilege;
         2. Ensure compact administration services are appropriately provided, contractual or otherwise;
         3. Prepare and recommend the budget;
         4. Maintain financial records on behalf of the commission;
         5. Monitor compact compliance of member states and provide compliance reports to the commission;
         6. Establish additional committees as necessary; and
         7. Other duties as provided in rules or bylaws.
   5. Meetings of the Commission.
      1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in paragraph IX.
      2. The commission or the executive board or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive board or other committees of the commission must discuss:
         1. Noncompliance of a member state with its obligations under the compact;
         2. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matter related to the commission's internal personnel practices and procedures;
         3. Current, threatened, or reasonably anticipated litigation;
         4. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
         5. Accusing any person of a crime or formally censuring any person;
         6. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
         7. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
         8. Disclosure of investigative records compiled for law enforcement purposes;
         9. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or
         10. Matters specifically exempted from disclosure by federal or member state statute.
      3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
      4. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction.
   6. Financing the Commission.
      1. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
      2. The commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
      3. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states.
      4. The commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the commission pledge the credit of any other member states, except by and with the authority of the member state.
      5. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission shall be subject to the audit and accounting procedures established under the bylaws. However, all receipts and disbursements of funds handled by the commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the commission.
   7. Qualified Immunity, Defense, and Indemnification.
      1. The members, officers, executive director, employees, and representatives of the commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against who the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
      2. The commission shall defend any member, officer, executive director, employee, or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct.
      3. The commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of the commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
8. Data System.
   1. The commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.
   2. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including:
      1. Identifying information.
      2. Licensure data.
      3. Adverse actions against a license or compact privilege.
      4. Nonconfidential information related to alternative program participation.
      5. Any denial of application for licensure, and the reasons for such denial.
      6. Other information that may facilitate the administration of this compact, as determined by the rules of the commission.
   3. Investigative information pertaining to a licensee in any member state will only be available to other party states.
   4. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.
   5. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.
   6. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.
9. Rulemaking.
   1. The commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.
   2. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years of the date of the adoption of the rule, then such rule shall have no further force and effect in any member state.
   3. Rules or amendments to the rules shall be adopted at a regular or special meeting of the commission.
   4. Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking:
      1. On the website of the commission or other publicly accessible platform; and
      2. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.
   5. The notice of proposed rulemaking shall include:
      1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon.
      2. The text of the proposed rule or amendment and the reason for the proposed rule.
      3. A request for comments on the proposed rule from any interested person.
      4. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments.
   6. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
   7. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:
      1. At least 25 persons;
      2. A state or federal governmental subdivision or agency; or
      3. An association having at least 25 members.
   8. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing.
      1. All persons wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing.
      2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
      3. All hearings will be recorded. A copy of the recording will be made available on request.
      4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section.
   9. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing is not held, the commission shall consider all written and oral comments received.
   10. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing.
   11. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.
   12. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:
       1. Meet an imminent threat to public health, safety, or welfare;
       2. Prevent a loss of commission or member state funds;
       3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or
       4. Protect public health and safety.
   13. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, error in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in material change to a rule. A challenge shall be made in writing, and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission.
10. Oversight, Dispute Resolution, and Enforcement.
    1. Oversight.
       1. The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated hereunder shall have standing as statutory law.
       2. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the commission.
       3. The commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission shall render a judgment or order void as to the commission, this compact, or promulgated rules.
    2. Default, Technical Assistance, and Termination.
       1. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall:
          1. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, and/or any other action to be taken by the commission; and
          2. Provide remedial training and specific technical assistance regarding the default.
       2. If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact may be terminated on the effective date of the termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.
       3. Termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states.
       4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
       5. The commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state.
       6. The defaulting state may appeal the action of the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
    3. Dispute Resolution.
       1. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states.
       2. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.
    4. Enforcement.
       1. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact.
       2. By majority vote, the commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney's fees.
       3. The remedies herein shall not be the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law.
11. Date of Implementation of the Interstate Commission for Physical Therapy Practice and Associated Rules, Withdrawal, and Amendment.
    1. The compact shall come into effect on the date on which the compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the compact.
    2. Any state that joins the compact subsequent to the commission's initial adoption of the rules shall be subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission shall have the full force and effect of law on the day the compact becomes law in that state.
    3. Any member state may withdraw from this compact by enacting a statute repealing the same.
       1. A member state's withdrawal shall not take effect until 6 months after enactment of the repealing statute.
       2. Withdrawal shall not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.
    4. Nothing contained in this compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact.
    5. This compact may be amended by the member states. No amendment to this compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.
12. Construction and Severability. This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state, the compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

Source. 2017, 189:2, eff. July 1, 2017.

328-A:6 Application; Statement of Deficiencies; Hearing.

[Repealed by 2003, 310:65, VI, eff. July 1, 2003.]

328-A:7 Examination.

1. The office shall conduct, through a third party, examinations within the state at least quarterly. The passing score shall be determined by the board.
2. A physical therapist applicant may take the examination for licensure after the application process has been completed with the exception of submission of documentation showing the applicant has passed the required examination. A national physical therapy exam shall test competency related to physical therapy theory, examination and evaluation, diagnosis, prognosis, treatment intervention, prevention, and consultation.
3. A physical therapist assistant applicant may take the examination for licensure after the application process has been completed with the exception of submission of documentation showing the applicant has passed the required examination. A national examination shall test for requisite knowledge and skills in the technical application of physical therapy services.
4. An applicant for licensure who does not pass the examination after the first attempt may retake the examination 3 additional times. An applicant shall not retake the examination a fourth time unless:
   1. The applicant has completed a new application for licensure, with the exception of submission of documentation showing that the applicant has passed the examination.
   2. The applicant has submitted, and the board has approved, a plan for completion of additional clinical training or coursework or both.

Source. 2002, 237:1. 2003, 310:20, eff. July 1, 2003. 2023, 79:321, eff. Sept. 1, 2023.

328-A:8 Exemptions From Licensure.

1. Nothing in this chapter shall be construed to restrict a person licensed under any law of this state from engaging in the profession or practice for which that person is licensed.
2. For physical therapists, the following persons are exempt from the licensure requirements of this chapter when engaged in the following activities:
   1. A person in a professional education program approved by the board who is pursuing a course of study leading to a degree as a physical therapist when that person is satisfying supervised clinical education requirements related to the person's physical therapy education while under on-site supervision of a licensed physical therapist.
   2. A physical therapist who is practicing in the Untied States Armed Services, United States Public Health Service or Veterans Administration pursuant to federal regulations for state licensure of health care providers.
   3. A physical therapist who is licensed in another jurisdiction of the United States or a foreign-educated physical therapist credentialed in another country if that person is performing physical therapy in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year.
   4. A physical therapist who is licensed in another jurisdiction of the United States or credentialed in another country, when that person by contract or employment is providing physical therapy services to individuals affiliated with or employed by established athletic teams, athletic organizations, or performing arts companies temporarily practicing, competing, or performing in the state for no more than 60 days in a calendar year.
3. For physical therapist assistants, the following persons are exempt from the licensure requirements of this chapter when engaged in the following activities:
   1. A person in a professional education program approved by the board who is pursuing a course of study leading to a degree as a physical therapist assistant when that person is satisfying supervised clinical education requirements related to the person's physical therapist assistant education while under direct supervision of a physical therapist.
   2. A physical therapist assistant who is practicing in the United States Armed Services, United States Public Health Service or Veterans Administration pursuant to federal regulations for state licensure of health care providers.
   3. A person licensed as a physical therapist assistant in another jurisdiction of the United States if that person is assisting in selected components of physical therapy intervention in connection with teaching or participating in an educational seminar of no more than 60 days in a calendar year.

Source. 2002, 237:1. 2003, 310:21-23, eff. July 1, 2003.

328-A:9 Lawful Practice.

1. A physical therapist licensed under this chapter is fully authorized to practice physical therapy as defined herein.
2. A physical therapist shall refer a patient or client to appropriate health care practitioners when:
   1. The physical therapist has reasonable cause to believe symptoms or conditions are present that require services beyond the scope of practice; or
   2. Physical therapy is contraindicated.
3. A physical therapist shall adhere to the code of ethics established by the board in rules.
4. A physical therapist assistant licensed under this chapter is authorized to assist a licensed physical therapist in selected components of physical therapy intervention.
5. A physical therapist assistant shall adhere to the code of ethics established by the board in rules.
6. A physical therapist may purchase and store topical and aerosol medications, to be administered upon the prescription of a health care practitioner licensed in this state and permitted by law to prescribe medications. A physical therapist shall comply with rules of the New Hampshire pharmacy board specifying protocols for storage of medications.
7. Nothing in this chapter shall be construed as authorizing a licensed physical therapist to practice medicine, osteopathy, chiropractic, naturopathy, or any other form or method of healing, except physical therapy. The use of roentgen rays and radium for diagnostic and therapeutic purposes, and the use of electricity for surgical purposes including cauterization, shall not be authorized under the term "physical therapy'' as used in this chapter.

Source. 2002, 237:1. 2003, 310:24, eff. July 1, 2003. 2023, 231:1, eff. Oct. 7, 2023.

328-A:10 Use of Titles; Restrictions; Classification of Offenses.

1. A physical therapist shall use the letters "PT'' in connection with the physical therapist's name or place of business to denote licensure under this chapter.
2. A person or business entity, its employees, agents or representatives shall not use in connection with that person's name or the name or activity of the business, the words "physical therapy,'' "physical therapist,'' "physiotherapy,'' "physiotherapist'' or "registered physical therapist,'' the letters "PT,'' "LPT,'' "RPT,'' "CPT,'' "MPT,'' "DPT,'' or any other words, abbreviations or insignia indicating or implying directly or indirectly that physical therapy is provided or supplied, including the billing of services labeled as physical therapy, unless such services are provided by or under the direction of a physical therapist licensed pursuant to this chapter. A person or entity that violates this paragraph is guilty of a violation for a first offense, and guilty of a misdemeanor for any subsequent violations of this paragraph.
3. A physical therapist assistant shall use the letters "PTA'' in connection with that person's name to denote licensure hereunder.
4. IV. A person shall not use the title "physical therapist assistant,'' the letters "PTA,'' "RPTA,'' "LPTA,'' "CPTA,'' or any other words, abbreviations or insignia in connection with that person's name to indicate or imply, directly or indirectly, that the person is a physical therapist assistant unless that person is licensed as a physical therapist assistant pursuant to this chapter. A person who violates this paragraph is guilty of a misdemeanor.

Source. 2002, 237:1. 2003, 310:25, eff. July 1, 2003.

328-A:11 Obligations of Licensees.

1. A physical therapist is responsible for managing all aspects of the physical therapy care of each patient. The physical therapist shall provide:
   1. The initial written evaluation for each patient;
   2. Periodic written re-evaluation of each patient; and
   3. A written discharge plan for the patient and the patient's response to treatment at discharge.
2. A physical therapist shall assure the qualifications of all assistive personnel to perform specific designated tasks through written documentation of the assistive personnel's education and training.
3. For each date of service, a physical therapist shall provide all therapeutic interventions that require the expertise of a physical therapist and shall determine the use of assistive personnel that provides delivery of service that is safe, effective, and efficient for each patient.
4. A physical therapist assistant shall work under a physical therapist's general supervision. A physical therapist assistant shall document care provided and shall report to a supervising physical therapist any status in a patient requiring a change in the plan of care. The supervising physical therapist shall review and co-sign all notes during each reevaluation.
5. A physical therapist may use physical therapy aides for designated routine tasks. A physical therapy aide shall work under the direct personal supervision of a physical therapist or a physical therapist assistant.
6. [Repealed.]
7. A physical therapist's responsibility for patient care management shall include oversight of all documentation for services rendered to each patient, including awareness of fees charged or reimbursement methodology used. A physical therapist shall also be aware of what constitutes unreasonable or fraudulent fees.

Source. 2002, 237:1. 2003, 310:26, 65, VII, eff. July 1, 2003.

328-A:12 Unlawful Practice; Penalties and Injunctive Relief.

[Repealed by 2023, 79:322, II, eff. Sept. 1, 2023.]

328-A:13 Reporting Violations; Immunity.

[Repealed by 2023, 79:322, III, eff. Sept. 1, 2023.]

328-A:14 Substance Abuse Recovery Program.

In lieu of a disciplinary proceeding prescribed by this chapter or RSA 328-F, the board may permit a licensee to actively participate in a board-approved substance abuse recovery program if:

1. The board has evidence that the licensee is impaired.
2. The licensee has not been convicted of a felony relating to a controlled substance in a court of law of the United States or any other territory or country.
3. The licensee enters in to a written agreement with the board for a restricted license and complies with all the terms of the agreement, including making satisfactory progress in the program and adhering to any limitations on the licensee's practice work imposed by the board to protect the public. Failure to enter into such an agreement shall activate an immediate investigation and disciplinary proceedings by the board.
4. As part of the agreement established between the licensee and the board, the licensee signs a waiver allowing the substance abuse program to release information to the board if the licensee does not comply with the requirements of this section or is unable to practice or work with reasonable skill or safety.

Source. 2002, 237:1, eff. July 1, 2002.

328-A:15 Rights of Consumers; Confidentiality.

1. [Repealed.]
2. [Repealed.]
3. If a referring practitioner is deriving direct or indirect compensation from the referral to physical therapy the physical therapist shall disclose this information in writing to the patient prior to the initial evaluation.
4. A physical therapist shall disclose in writing to a patient any financial interest in products that the physical therapist endorses and recommends to the patient at the time of such endorsement or recommendation.
5. A physical therapist shall inform each patient that the patient has freedom of choice in services and products.
6. Confidential communications between physical therapists and physical therapist assistants and their patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no licensee shall be required to disclose such privileged communications. Confidential communications between a patient of a licensee and any person working under the supervision of such licensee to provide services that are customary and necessary for diagnosis and treatment are privileged to the same extent as would be the same communications between the supervising licensee and the patient. The privilege for confidential communications shall not apply to investigations and disciplinary proceedings conducted by any agency regulating health occupations or professions in this state.
7. Any person may submit a complaint regarding any licensee or any other person potentially in violation of this chapter.
8. Unless used in disciplinary proceedings, the following shall be held confidential by the board:
   1. Complaints received by the board.
   2. Information and records acquired by the board during its investigations of complaints and other information relating to violations of this chapter coming to the attention of the board.
   3. Reports and records made by the board as a result of such investigations.
   4. Patient records, including clinical records, files, oral or written reports relating to diagnostic findings or treatment of licensees' patients, and oral or written information from which the identity of licensees' patients or their families can be derived.
9. Each licensee shall display a copy of the licensee's license or current renewal verification or a notice of the availability of this information in a location accessible to public view at the licensee's place of practice.

Source. 2002, 237:1. 2003, 310:30-35, eff. July 1, 2003. 2023, 79:322, I, eff. Sept. 1, 2023.

328-A:15-a Eligibility for Renewal of License.

1. Persons licensed as physical therapists are eligible for renewal of their licenses if they: (a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character. (b) Meet any continuing education and continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.
2. Persons licensed as physical therapist assistants are eligible for renewal of their licenses if they: (a) Have not violated this chapter or RSA 328-F nor demonstrated poor moral character. (b) Meet any continuing education and continuing competency requirements established by the board in rules adopted pursuant to RSA 541-A.

Source. 2003, 310:36, eff. July 1, 2003.

328-A:15-b Animal Physical Therapy Certification.

[Repealed by 2010, 170:3, eff. June 17, 2010.]

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.

Source. 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.

328-F:4 Governing Boards; Memberships; Appointments

1. Each governing board shall be composed of members and alternates, each to be appointed by the governor with the approval of the council, to a term of 3 years. Members and alternates shall serve until the expiration of the term for which they have been appointed or until their successors have been appointed and qualified. No board member shall be appointed to more than 2 consecutive terms as a member, provided that for this purpose only a period actually served which exceeds 1/2 of the 3-year term shall be deemed a full term. Any professional members of all governing boards shall maintain current and unrestricted New Hampshire licenses. Alternates may attend meetings but shall only vote in the absence of a member representing the same interest group.
2. The initial appointees to the governing boards shall serve as follows: one initial appointee who is a licensed professional shall serve a term of one year, one initial appointee who is a licensed professional shall serve a term of 2 years, one initial public member shall serve a term of 2 years, and the remaining 2 initial appointees shall serve terms of 3 years. An initial appointment of less than 3 years shall not be considered a full term.
3. Each public member or alternate of a governing board shall be a person who is not, and never was a member of the applicable allied health profession or the spouse of any such person, and who does not have, and never has had a material financial interest in either the provision of that allied health service, a health insurance company, or health maintenance organization, including representation of the board or profession for a fee at any time during the 5 years preceding appointment.
4. The athletic trainers governing board shall consist of 3 licensed athletic trainers, who have actively engaged in the practice of athletic training in this state for at least 3 years, one physician educated in the current practice of sports medicine, and one public member.
5. The occupational therapy governing board shall consist of 3 licensed occupational therapists and one occupational therapy assistant, who have actively engaged in the practice of occupational therapy in this state for at least 3 years, and one public member.
6. The physical therapy governing board shall consist of 2 licensed physical therapists and one physical therapist assistant, who have actively engaged in the practice of physical therapy in this state for at least 3 years, and 2 public members.
7. [Repealed.]
8. The speech-language pathology and hearing care provider governing board shall consist of:
   1. Three licensed speech-language pathologist members and one licensed speech-language pathologist alternate, who have actively practiced speech-language pathology in this state for at least 3 years. At least one speech-language pathologist member shall be employed in an educational setting and at least one speech-language pathologist member shall be employed in a clinical setting.
   2. One licensed audiologist member, and one licensed audiologist alternate, who have actively practiced audiology in this state for at least 3 years.
   3. One registered hearing aid dealer member, and one registered hearing aid dealer alternate, who have actively practiced in this state for at least 3 years.
   4. One public member and one public alternate.
9. [Repealed.]
10. The genetic counselors governing board shall consist of 3 licensed genetic counselors, who have actively engaged in the practice of genetic counseling in this state for at least 2 years, one practicing physician with experience in working with genetic counselors, and one public member. Initial appointment of professional members by the governor and council shall be qualified persons practicing genetic counseling in this state. All subsequent appointments or reappointments shall require licensure.

Source. 1997, 287:1. 2006, 220:5. 2013, 271:5. 2016, 76:1, eff. July 18, 2016. 2018, 86:1, eff. July 24, 2018. 2021, 91:167, 168, eff. July 1, 2021. 2022, 17:2-4, eff. June 10, 2022; 72:21, III and IV, eff. July 19, 2022.

328-F:5 Duties
Each governing board shall have the authority to:
I. to V. [Repealed]
VI. Adopt rules as authorized in this chapter and the board's practice act.
VII. [Repealed]

Source. 1997, 287:1. 2003, 310:39, eff. July 1, 2003. 2018, 87:1, 2, eff. July 24, 2018. 2021, 91:169, 170, eff. July 1, 2021. 2023, 79:281, III, eff. Sept. 1, 2023; 212:8, eff. Oct. 3, 2023.

328-F:11 Rulemaking by the Governing Boards

1. The governing boards shall adopt rules pursuant to RSA 541-A establishing:
   1. The eligibility requirements for initial licensure and for initial certification if certification of individuals is authorized by their practice acts.
   2. The eligibility requirements for license renewal, including any continuing competency requirements and any requirements for education, clinical experience, and training.
   3. The eligibility requirements for renewal of certification, including any continuing competency requirements and any requirements for education, clinical experience, and training.
   4. If the governing boards issue conditional licenses or certifications, conditional renewal of licenses or certifications, or conditional reinstatement after lapse or suspension of licenses or certifications, the circumstances under which these are issued and the standards for the imposition of the conditions.
   5. The eligibility requirements, including any continuing competency requirements, for the reinstatement of licenses suspended for disciplinary reasons and for such reinstatement of certifications if authorized by their practice acts.
   6. The eligibility requirements, including any continuing competency requirements, for the reinstatement of lapsed licenses and for such reinstatement of certifications if authorized by their practice acts.
   7. The allocation of disciplinary sanctions in cases of misconduct by licensees and by certified individuals.
2. The governing boards may adopt rules pursuant to RSA 541-A that specifiy, for their respective professions:
   1. The scope of practice.
   2. The ethical standards.
   3. The eligibility requirements for the issuance of licenses to applicants currently licensed in foreign countries and territories and in the territories of the United States.
   4. What constitutes, for disciplinary purposes, sexual relations with and sexual harassment of, a client or patient.
3. The speech-language pathology and hearing care provider governing board shall adopt rules on eligibility requirements and procedures for the issuance of registrations to hearing aid dealers.

Source. 1997, 287:1. 2002, 237:3; 275:4. 2003, 310:43, eff. July 1, 2003. 2017, 101:4, eff. Aug. 7, 2017. 2018, 87:4, eff. July 24, 2018. 2021, 91:171, eff. July 1, 2021; 197:19, eff. July 1, 2021.

328-F:11-a Completion of Survey; Rulemaking
The governing board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

Source. 12017, 131:7, eff. June 16, 2017. 2019, 254:9, eff. July 1, 2019. 2023, 79:278, eff. Sept. 1, 2023.

328-F:18-a Criminal History Record Checks

1. The governing boards shall require from applicants for initial licensure or certification, reinstatement of licensure or certification, or conditional licensure or certification a criminal history record release form, as provided by the New Hampshire division of state police which authorizes the release of his or her criminal history record, if any, to the office of professional licensure and certification.
   1. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the office of professional licensure and certification may, in lieu of the criminal history records check, accept police clearances.
   2. The office of professional licensure and certification shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the office of professional licensure and certification.
2. The office of professional licensure and certification shall review the criminal record information prior to the respective governing board making a decision on licensure or certification and shall maintain the confidentiality of all criminal history records received pursuant to this section.
3. The applicant hall bear the cost of all criminal history record checks.
4. The office of professional licensure and certification shall consider military security clearance for an individual actively serving in any component of the Department of Defense in lieu of criminal background checks.
5. Pending the results of a criminal history record check, an applicant for licensure may be employed in a profession of the allied health field on a conditional basis for up to 90 calendar days before the office of professional licensure and certification receives the results of a criminal history record check required for licensure, if the conditional employee:
   1. Is under the direct supervision of a licensee;
   2. Has provided a written attestation to the employer and the office of professional licensure and certification that no disqualifying criminal history exists; and
   3. The governing board is not a member of an interstate licensure compact.

Source. 2018, 250:1, eff. Aug. 11, 2018. 2023, 79:279, eff. Sept. 1, 2023.

328-F:21 Administrative Obligations of Licensees and Certified Individuals

1. Licensees and certified individuals shall maintain their current business and home addresses on file with their governing boards. Any changes in address shall be provided to the office no later than 30 days from the date of the change.
2. [Repealed.]
3. The governing boards may adopt rules pursuant to RSA 541-A that require licensees and certified individuals to maintain on file with their governing boards an active email address.

Source. 1997, 287:1. 2003, 310:52, eff. July 1, 2003. 2018, 87:7, eff. July 24, 2018. 2023, 79:281, XV, eff. Sept. 1, 2023.

328-F:28 Privileged Communications
The confidential communications between licensed or certified allied health practitioners and their clients or patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no allied health practitioner shall be required to disclose such privileged communications. Confidential communications between a patient or client and any person working under the supervision of such practitioner that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those communications were with the supervising licensed or certified allied health practitioner. This section shall not apply to investigations and hearings conducted by the governing boards or by any other agency regulating health professions in the state.

Source. 1997, 287:1. 2003, 310:58, eff. July 1, 2003. 2018, 87:13, eff. July 24, 2018.

310:1 Purpose
The purpose of the office of professional licensure and certification is to promote efficient and economy in the administration of the business processing, record keeping, and other administrative and clerical operations of professional licensing and certification boards, including both professional healthcare licensing and professional technical licensing. The individual licensing and certification boards that are organized under the office of professional licensure and certification have specialized knoweldge and experience and are separate and distrinct for the purpose of regulating their various professions. Notwithstanding the unique regulatory role of each board, the legislature finds that there are opportunities for improving efficiency and customer service by providing for the joint administration of the boards' administrative, clerical, business processing, and record keeping functions. Except as provided in this section, the licensing and certification boards and entities organized under the office of professional licensure and certification shall exercise the powers, duties, functions, and responsibilities granted by statute.

Source. 2023, 235:8, eff. July 15, 2023.

310:2 Definitions; Establishment

1. In this chapter, and as appropriate when used in any chapter listed in paragraph II:
   1. "Board" means a board, council, commission, committee, or other regulatory body with jurisdiction over professions listed in paragraph II.
   2. "Investigation" means procedures for investigation of allegations and complaints of misconduct in accordance with RSA 310:9.
   3. "Lapse" when referring to licenses shall mean expire.
   4. "License" shall include licenses, certifications or registrations required to practice a regulated profession, and shall include apprentice registrations, or those licensed pursuant to RSA 332-G:14.
   5. "Office" or "OPLC" shall mean the office of professional licensure and certification.
2. The office of professional licensure and certification shall consist of the division of licensing and board administration and the division of enforcement, under the executive director as the administrative head of the agency. The boards within the office of professional licensure and certification shall consist of:
   1. Advisory board of body art practitioners under RSA 314-A.
   2. Advisory board of court reporters under RSA 310-A:163.
   3. Advisory board of massage therapists under RSA 328-B.
   4. Advisory board of medical imaging and radiation therapy under RSA 328-J.
   5. Advisory board of recreational therapists established under RSA 326-J.
   6. Advisory board of respiratory care practitioners established under RSA 326-E.
   7. Advisory board of reflexology, structural integration, and Asian bodywork therapy under RSA 328-H.
   8. Board of accountancy under RSA 309-B.
   9. Board of acupuncture licensing under RSA 328-G.
   10. Board of architects under RSA 310-A:29.
   11. Board of barbering, cosmetology, and esthetics under RSA 313-A.
   12. Board of chiropractic examiners under RSA 316-A.
   13. Board of dental examiners under RSA 317-A.
   14. Board of directors, office of licensed allied health professionals under RSA 328-F.
   15. Board of examiners of nursing home administrators under RSA 151-A.
   16. Board of family mediator certification under RSA 328-C.
   17. Board of home inspectors under RSA 310-A:186.
   18. Board of land surveyors under RSA 310-A:55.
   19. Board of landscape architects under RSA 310-A:142.
   20. Board of licensed dietitians under RSA 326-H.
   21. Board of licensing for alcohol and other drug use professionals under RSA 330-C.
   22. Board of licensing for foresters under RSA 310-A:100.
   23. Board of manufactured housing under RSA 205-A:25.
   24. Board of medicine under RSA 329.
   25. Board of mental health practice under RSA 330-A.
   26. Board of natural scientists under RSA 310-A:81.
   27. Board of nursing under RSA 326-B.
   28. Board of pharmacy under RSA 318.
   29. Board of podiatry under RSA 315.
   30. Board of psychologists under RSA 329-B:3.
   31. Board of professional engineers under RSA 310-A:3.
   32. Board of professional geologists under RSA 310-A:120.
   33. Board of psychologists under RSA 329-B.
   34. (Board of registration of funeral directors and embalmers under RSA 325.
   35. Board of registration in optometry under RSA 327.
   36. Board of registration of medical technicians under RSA 328-I.
   37. Board of septic system evaluators under RSA 310-A:206.
   38. Board of veterinary medicine under RSA 332-B.
   39. Electricians' board under RSA 319-C.
   40. Electrology advisory committee under RSA 314.
   41. Genetic counselors governing board established under RSA 328-F and RSA 326-K.
   42. Governing board of athletic trainers established under RSA 328-F and RSA 326-G.
   43. Guardians ad litem board under RSA 490-C.
   44. Installation standards board under RSA 205-D.
   45. Mechanical licensing board under RSA 153:27-a.
   46. Midwifery council under RSA 326-D.
   47. Naturopathic board of examiners under RSA 328-E.
   48. Occupational therapy governing board established under RSA 326-F; and RSA 326-C.
   49. Physical therapy governing board established under RSA 328-F and 328-A.
   50. Real estate appraiser board under RSA 310-B.
   51. Real estate commission under RSA 331-A.
   52. Registration of ophthalmic dispensers under RSA 327-A.
   53. Speech-language pathology and hearing care provider governing board established under RSA 328-F and 326-F.
   54. Assessing certification board under RSA 310-C.
3. Any board under the office of professional licensure and certification may petition the governor for removal of a member of the board for malfeasance, misfeasance, inefficiency in fulfillment of duties as a board member, incapacity, unfitness to perform assigned duties, absence from at least 3 consecutive meetings of the board, or reasons provided for in other applicable statutes. Any vacancy in the membership of the board occurring otherwise than by expiration of a member's term shall be promptly filled for the unexpired term.

Source. 2023, 235:8, eff. July 15, 2023; 212:66, eff. July 15, 2023

310:3 Executive Director; Directors; Unclassified Personnel

1. The executive director of the office of professional licensure and certification shall be an unclassified employee of the state. The executive director shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years. The executive director shall be qualified to hold that position by reason of professional competence, education, and experience. A vacancy shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
2. The executive director shall nominate for appointment by the governor and council the unclassified positions of director of the division of licensing and board administration and director of the division of enforcement. Each director shall be qualified for the position by reason of education, competence, and experience and shall serve at the pleasure of the executive director for a term of 4 years.
3. The executive director shall nominate for appointment by the governor and council the unclassified position of chief pharmacy compliance investigator and 2 unclassified pharmacy investigator positions. Each inspector shall be qualified for the position by reason of education, competence, and experience and shall serve at the pleasure of the executive director.
4. The executive director shall nominate for appointment by the governor and council the unclassified positions of agency chief legal officer and board chief legal officer. Each officer shall be qualified for the position by reason of education, competence, and experience and shall serve at the pleasure of the executive director.
5. The salaries of the executive director, each division director, each legal officer, the chief pharmacy investigator, and each pharmacy investigator shall be as specified in RSA 94:1-a.

Source. 2023, 235:8, eff. July 15, 2023.

310:4 Duties of Executive Director

1. The executive director, as the administrative head of the office of professional licensure and certification, may employ such clerical or other assistants as are necessary for the proper performance of the office's work and may make expenditures for any purpose which are reasonably necessary, according to the executive director, for the proper performance of the office's duties under this chapter. The office shall contract for the services of investigators, presiding officers, legal counsel, and industry experts as necessary and in consultation with the appropriate board.
2. The executive director of the office of professional licensure and certification shall be responsible for:
   1. Supervision of the division directors and chief legal officers.
   2. Employment of personnel needed to carry out the functions of the office and the boards.
   3. The examination, processing and approval or denial of an application for licensure, certification, or registration for all license types governed by the office or a board listed in RSA 310:2, based on set objective standards developed by the boards, and in accordance with RSA 541-A.
   4. The investigation of all complaints of professional misconduct in accordance with RSA 310:9.
   5. Maintenance of the official record of the office and the boards in accordance with the retention policy established by the office.
   6. Drafting and coordinating rulemaking for all boards within the office in accordance with RSA 541-A, with the advice and recommendations of the boards.
   7. Maintaining the confidentiality of information, documents, and files in accordance with RSA 91-A.
   8. Submitting, by November 1, to the speaker of the house of representatives, the president of the senate, the chairpersons of the house and senate executive departments and administration committees, and the governor, an annual report summarizing the transactions of the preceding fiscal year and a complete statement of the receipts and expenditures of the office of professional licensure and certification. The report shall be posted on the website of the office of professional licensure and certification immediately upon submission.
   9. Notwithstanding any other provisions of law to the contrary, for the performance of the administrative, clerical, and business processing responsibilities under paragraph II(b), the office and all boards shall accept electronic signatures and scans of signed documents in addition to original signatures.

Source. 2023, 235:8, eff. July 15, 2023.

310:5 Administration of the Office of Professional Licensure and Certification; Funding

1. The executive director of the office of professional licensure and certification shall establish and collect all license, certification, and renewal fees, as well as any necessary administrative fees for each professional regulatory board administered by the office. Such fees shall be sufficient to produce estimated revenues up to 125 percent of the total operating expenses for the office, as determined by averaging the operating expenses for the office for the previous 2 fiscal years.
2. There is hereby established the office of professional licensure and certification fund into which the fees collected under paragraph I shall be deposited. The fund shall be a separate, dedicated, nonlapsing fund, continually appropriated to the office of professional licensure and certification. Moneys in the fund shall be used to pay all costs and salaries associated with the office, and any remaining funds in a biennium shall be used for capital expenditures related to the operation of the office of professional licensure and certification. At the close of each biennium, any funds in excess of $3,000,000 shall be used to reduce licensing and certification fees.
3. There is hereby established a dedicated, nonlapsing fund to be known as the New Hampshire health professionals' program administration fund for the administration of the professionals' health program, including the professionals' health program in RSA 329:13-b, the alternative recovery monitoring program in RSA 326-B:36-a, and the impaired pharmacist program set forth in RSA 318:29-a, with a fee charged to licensees at the time of initial licensure, renewal licensure, or reinstatement of licensure, for the board of medicine, board of dental examiners, pharmacy board, board of nursing, board of veterinary medicine, board of psychologists, board of chiropractic examiners, board of mental health practice, midwifery council, board of registration in optometry, board of podiatry, board of licensed dietitians, and board of licensing for alcohol and other drug use professionals, not to exceed 125 percent of the actual cost of providing the services. Other health and technical professions boards may be added to the program at the same annual fee per licensee. The moneys in this fund shall be continually appropriated to the office.
4. The office of professional licensure and certification shall be responsible for the financing of any interstate compact joined by the state that affects a profession governed by a board listed in RSA 310:2. Such financing shall be from funds deposited in the office of professional licensure and certification fund.
5. The office of professional licensure and certification shall report biennially by each July 1 on how the funds were expended over the previous biennium. The office shall forward the report to the president of the senate, the speaker of the house of representatives, the chairs of the house and senate executive departments and administration committees, the state library, the governor, and applicable boards, and shall make the report available online.

Source. 2023, 235:8, eff. July 15, 2023.

310:6 Rulemaking Authority
The executive director of the office of professional licensure and certification shall adopt rules, relative to RSA 541-A, for the following:

1. All fees set forth in RSA 310:5, with the advice and recommendations of the respective board. Fees shall be reassessed, at a minimum, every five years.
2. Such organizational and procedural rules necessary to administer the boards in the office, 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 within the office.
4. Rules governing the professionals' health program as set forth in RSA 310:5.
5. Temporary licenses to out-of-state health care professionals who present evidence of an active license in good standing from another jurisdiction. The temporary license shall be valid for 120 days, or until the office acts on an application for full licensure, whichever happens first, and shall not be renewed, except that a complete application for full licensure before the expiration of the temporary license shall continue the validity of the temporary license until the office has acted on the application. All individuals licensed under rules adopted pursuant to this subparagraph shall be subject to the jurisdiction of the state licensing body for that profession.

Source. 2023, 235:8, eff. July 15, 2023.

310:7 Telemedicine and Telehealth Services

1. For this section:
   1. "Asynchronous interaction" means an exchange of information between a patient and a health care professional that does not occur in real time.
   2. "Synchronous interaction" means an exchange of information between a patient and a health care professional that occurs in real time.
   3. "Telemedicine" means the use of audio, video, or other electronic media and technologies by a health care professional in one location to a patient at a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions.
   4. "Telehealth" means the use of audio, video, or other electronic media and technologies by a health care professional in one location to a patient at a different location for the purpose of diagnosis, consultation, or treatment, including the use of synchronous or asynchronous interactions.
2. Individuals licensed, certified, or registered pursuant to RSA 137-F; RSA 151-A; RSA 315; RSA 316-A; RSA 317-A; RSA 326-B; RSA 326-D; RSA 326-H; RSA 327; RSA 328-D; RSA 328-E; RSA 328-F; RSA 328-G; RSA 329-B; RSA 330-A; RSA 330-C; RSA 327-A; RSA 329; RSA 326-B; RSA 318; RSA 328-I; RSA 328-J; or RSA 332-B may provide services through telemedicine or telehealth, provided the services rendered are authorized by scope of practice. Nothing in this provision shall be construed to expand the scope of practice for individuals regulated under this chapter.
3. Unless otherwise prescribed by statute, or the patient is currently in the custody of the New Hampshire department of corrections, an out-of-state healthcare professional providing services by means of telemedicine or telehealth shall be required to be licensed, certified, or registered by the appropriate New Hampshire licensing body, or pursuant to a licensing compact or endorsement, if the patient is physically located in New Hampshire at the time of service. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II. Out-of-state health care professionals treating patients in the custody of the department of corrections shall be required to be licensed, certified, or registered by, and in good standing with, the appropriate licensing body within their state of practice.
4. An individual providing services by means of telemedicine or telehealth directly to a patient shall:
   1. Use the same standard of care as used in an in-person encounter;
   2. Maintain a medical record;
   3. Subject to the patient's consent, forward the medical record to the patient's primary care or treating provider, if appropriate; and
   4. Provide meaningful language access if the individual is practicing in a facility that is required to ensure meaningful language access to limited-English proficient speakers pursuant to 45 C.F.R. section 92.101 or RSA 354-A, or to deaf or hard of hearing individuals pursuant to 45 C.F.R. section 92.102, RSA 521-A, or RSA 354-A.
5. Under this section, Medicaid coverage for telehealth services shall comply with the provisions of 42 C.F.R. section 410.78 and RSA 167:4-d.
6. Physicians and physician assistants, governed by RSA 329 and RSA 328-D; advanced practice nurses, governed by RSA 326-B and registered nurses under RSA 326-B employed by home health care providers under RSA 151:2-b; midwives, governed by RSA 326-D; psychologists, governed by RSA 329-B; naturopathic doctors, governed by RSA 328-E; allied health professionals, governed by RSA 328-F; dentists, governed by RSA 317-A; mental health practitioners governed by RSA 330-A; community mental health providers employed by community mental health programs pursuant to RSA 135-C:7; alcohol and other drug use professionals, governed by RSA 330-C; and dietitians, governed by RSA 326-H shall be authorized to provide consultation services or follow-up care via telehealth to a patient who previously received services from the provider in the state where the provider is licensed.
7. Nothing in this section shall limit a provider's ability to diagnose, assess, or treat an individual patient.

Source. 2023, 235:8, eff. July 15, 2023; 241:1, 2, eff. Oct. 7, 2023.

310:8 License Renewals; Lapse

1. The executive director of the office of professional licensure and certification shall issue licenses, as set forth in RSA 310:4, to applicants meeting the eligibility requirements as defined in statute, and rules adopted by each individual board.
2. Licenses shall be valid for 2 years from the date of issuance except for those apprentices licensed for one year in accordance with rules adopted pursuant to 541-A, provided that timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until the office has acted on the renewal application.
3. Applicants shall submit completed applications for renewal, the renewal fee, and any supporting documents required for that renewal on or before the expiration of the license. Licenses shall lapse when completed renewal applications, renewal fee, and supporting documents have not been filed by the expiration of the license and the holders of a lapsed license are not authorized to practice until the licenses have been reinstated. Holders of lapsed licenses shall not be able to renew, but shall be eligible to reinstate licenses by submitting an application and meeting the eligibility requirements as defined in statute, and rules adopted by each individual board.
4. The office of professional licensure and certification shall provide licensees, at least 2 months before the date of expiration of their license, with notice of the need to complete their renewal applications. Failure to receive notice shall not relieve any licensee of the obligation to renew their license, comply with the rules of the office, the rules of the board, or this section. Timeliness of submission of renewal applications shall be evidenced by the date stamp of receipt, or for applications submitted electronically the electronic time stamp of submission.
5. Upon the request 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, the office of professional licensure and certification shall place the person's license on inactive status. The license may be reactivated within one year of the licensee's release from active status by payment of the renewal fee and with proof of completion of the most current continuing education requirement unless still within the renewal period.

Source. 2023, 235:8, eff. July 15, 2023.

310:9 Complaints and Investigations

1. Allegations of professional misconduct shall be brought in accordance with RSA 332-G and rules adopted by the executive director, subject to the following:
   1. The office or the boards within the office may disclose information acquired in an investigation to law enforcement, if it involves suspected criminal activity, to health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders.
   2. Allegations of professional misconduct shall be brought within 5 years from the time the office reasonably could have discovered the act, omission or failure complained of, except that conduct which resulted in a criminal conviction or in a disciplinary action by a relevant licensing authority in another jurisdiction may be considered by the board without time limitation in making licensing or disciplinary decisions if the conduct would otherwise be a ground for discipline. The board may also consider licensee conduct without time limitation when the ultimate issue before the board involves a pattern of conduct or the cumulative effect of conduct which becomes apparent as a result of conduct which has occurred within the 5-year limitation period prescribed by this paragraph.
2. Upon receipt of an allegation of professional misconduct, the office shall determine whether the allegation states a claim of professional misconduct on its face.
   1. If the office determines that the allegation does not state a claim, it shall make a recommendation to the board for dismissal. The board shall review the office's recommendation and dismiss the allegation if it agrees with the office's recommendation. Each board shall dismiss a complaint if the board concludes that the allegations do not state a claim of professional misconduct.
   2. If the office determines that the allegation does state a claim on its face, the office shall proceed under paragraph III.
3. Notwithstanding any other law to the contrary, the office shall investigate allegations of misconduct by licensees (a) upon its own initiative or (b) upon confirmation that a written complaint alleging misconduct of a licensed or unlicensed individual or entity of a profession regulated under the office should be investigated.
4. Allegations of misconduct received by the office, information and records acquired by the office during an investigation, and reports and records made by the office because of its investigation, 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. However, the office may disclose information acquired in an investigation to law enforcement or licensing agencies in this state or any other jurisdiction, or in accordance with specific statutory requirements or court orders.
5. To carry out investigations, the executive director is authorized to:
   1. Retain qualified experts according to criteria established by the relevant board or who have sufficient knowledge on appropriate statutes or professions and their practices.
   2. Conduct inspections of places of business of a profession regulated under the office, which may include entrance into only the portion of a residence where professional equipment is located and does not include home office equipment.
   3. Issue subpoenas for persons, relevant documents and relevant materials in accordance with the following conditions:
      1. Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service.
      2. Subpoenas for documents and materials shall not require compliance in fewer than 15 days after receipt of service.
      3. Service shall be made on licensees and certified individuals by certified mail to the address on file with the office or by hand and shall not entitle them to witness or mileage fees.
      4. Service shall be made on persons who are not licensees or certified individuals 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."
6. When an allegation or complaint of misconduct is determined to be unfounded after an investigation, the board shall dismiss the allegation and explain in writing to the complainant and the licensee its reason for dismissing the complaint. The office shall retain all information concerning investigations in accordance with the retention policy established by the office.
7. Subject to the limitations of RSA 329-B:26 and RSA 330-A:32, the office shall obtain, handle, archive, and destroy mental health and psychological records as follows:
   1. If a client or patient owning a privilege is the person who has made a complaint against a licensee, the office may access the records of such client or patient. The complaint form provided by the office and initial follow-up correspondence shall clearly indicate that the submission of the complaint by the client or patient who is the owner of the privilege shall override the privacy of that record for the purposes of the office's confidential investigation and proceedings. The client or patient's identity shall not be disclosed to the public in any manner or in any proceeding of the board without his or her consent. If the client or patient named in the complaint is a child, the legitimate assertion of the privilege by one natural or adoptive parent or legal guardian is sufficient for this paragraph to apply. The office may act on that parent or guardian's initiation of complaint regardless of the objection of the other parent or guardian.
   2. If the person who has made the allegations against the licensee is not the owner of the privilege for the records of the client or patient named in the complaint whose treatment is under investigation by the office, the records for investigation shall be treated as follows:
      1. When the office reviews the initial complaint and upon all further reviews of the case by the office or the board, the identity of the named client or patient shall be redacted from the documents reviewed.
      2. The names of clients or patients may be made available only to office staff and consultants assigned to investigate or adjudicate the matter, and in instances where the board has decided to proceed with discipline, to board members for purposes of determining recusal issues as described in subparagraph (f).
      3. The record of a client or patient under this subparagraph that has been specifically named in a complaint may be obtained by office staff as specified:
         1. Office staff and consultants may request permission from the client or patient to obtain the record for the investigation, informing the client or patient about the bounds of confidentiality of such records and the nature of the investigative process. If the client or patient grants permission, office staff may obtain the copies of the record.
         2. If the client or patient denies permission for access to the record, the office may only obtain the record pursuant to a court order.
      4. Personally identifiable information pertaining to a client or patient under this subparagraph shall remain known only to staff and consultants assigned to the matter, which may include an employee of the office's investigations bureau, an employee of the office's prosecutions bureau, professional conduct investigator, the board administrator, and only those additional investigative assistants as the office's investigation team deems necessary to accomplish the investigation of the complaint.
      5. All communication beyond the office staff and consultants, or the board, pertaining to these clients or patients shall be conducted without the use of personally identifiable information.
      6. The identity of a client or patient shall not be disclosed to the public in any manner or in any proceeding of a board without his or her consent.
   3. Records of clients or patients who are not named in the initial complaint shall be treated as follows:
      1. If office staff and consultants assigned to the matter wish to obtain records of, or contact, clients or patients not named in the initial complaint, they shall make a request to the board with reasons for the request, specify the scope of cases and types of records requested, and state the name of the individual for whom authorization is requested to contact the client or patient.
      2. Upon board approval of a request pertaining to treatment of clients or patients defined in this subparagraph, the names of the clients or patients that fulfill the criteria of selection may be made available to office staff and consultants for purposes of determining whether recusal issues pertain to their selection for the investigation as described in subparagraph (f).
      3. If the board approves an investigation into client or patient cases who are not named in the original complaint, the board shall specify whether the clients or patients may be contacted directly.
      4. For records requested under this subparagraph, the keeper of the record shall be instructed to provide records that are redacted of personally identifiable information as defined in subparagraph (g). Each record shall be marked with an identifying code and the keeper of the record shall provide to the office's staff and consultants the contact information for corresponding clients or patients.
      5. The office shall store in a secure manner the list of these client or patient codes with corresponding contact information.
      6. If office staff and consultants have just cause to verify redacted copies against originals records of specified cases they shall request permission of the board, giving reason for the request. Upon board approval, office staff and consultants may have access to the identified unredacted records, which may be viewed at a time and location of their choosing. Office staff and consultants may request a copy of the identified original records be sent to the office. Copies and corrections to the redacted records may be made by the office staff and consultants, after which any identified unredacted copies shall be destroyed and original records returned to the keeper of the records.
      7. Office staff and consultants contacting the clients or patients pursuant to subparagraph (c)(1) shall request permission from the clients or patients to conduct an interview, include an explanation that the individual(s) may grant or refuse permission for such interview, and explain there are no adverse personal consequences of any kind for refusal to grant permission or for withdrawing permission at any time during the interview. Office staff and consultants may inform the individual(s) that refusal to participate may prevent the investigation from proceeding or reaching a satisfactory conclusion.
      8. The identity of each client or patient shall be redacted from any documents reviewed by the board.
      9. The identity of a client or patient defined in this subparagraph shall not be disclosed to the public in any manner or in any proceeding of the board without the client or patient's consent.
   4. Mental health or psychological records obtained through subparagraphs (a)-(c) shall be archived or destroyed at the conclusion of the matter in accordance with a retention schedule established by the office. The identification and contact information collected during the investigation for clients or patients other than a client or patient complainant shall be destroyed.
   5. For the purposes of this paragraph:
      1. "Record" means health or psychological information collected from or about an individual that:
         1. Is created or received by a health care provider, health plan, employer, or health care clearinghouse; and
         2. Relates to the individual, the past, present, or future physical or mental health or psychological condition of an individual, the provision of health care to an individual, or the past, present, or future payment for the provision of health care to an individual.
      2. "Personally identifiable information" means information which identifies an individual or which a reasonable person would believe could be used to identify an individual, including common and uncommon identifiers, including, but not limited to, name, address, birth date, social security number, court docket number, insurance policy number, and any other identifiers of an individual and of the individual's known relatives, household members, and employers that a reasonable person would believe could identify the individual to whom the record pertains.
   6. In the process of determining recusal, the security of the client or patient's identity shall be preserved as follows:
      1. Before engaging in any matter as defined in subparagraph (a), board members, investigators, and others as specified in this paragraph with access to case files shall first review the name of the client/patient before proceeding. If a conflict of interest is identified, that person shall recuse himself or herself from the matter.
      2. Before engaging in any cases defined in subparagraph (b), office staff and consultants at the onset of the investigation, board members at the time of reviewing the findings of the investigation, and any others authorized to have access to the case prior to commencing review of such cases shall first determine if there is a need for recusal.
      3. If a client or patient as defined in subparagraph (b) or (c) testifies or intends to attend the hearing of the case involving his or her treatment and the board may see the client or patient inadvertently or directly, the client or patient's name shall be revealed to the board members so they may have the opportunity to recuse themselves prior to the proceeding. The client or patient shall be informed beforehand of such disclosure.
      4. For recusals pertaining to clients or patients under subparagraph (c) of this section, office staff and consultants shall review the names of the clients or patients who qualify for the scope of investigation as approved by the board, to determine if there is cause for recusal.
      5. When board members review any report of investigation that includes case information pertaining to clients or patients as defined in subparagraph (c), they shall review their names prior to reading such reports in the following manner:
         1. If there are 10 or fewer cases with individual clinical information presented, then the methods of testing for recusal shall follow the recusal procedures in subparagraph (f)(2).
         2. When the report includes clinical information pertaining to more than 10 cases, the recusal methods of subparagraph (f)(4) shall apply.
         3. When such client or patients' information is presented only in aggregate form, no recusal is required.
   7. A keeper of the record shall comply with the board and the office's investigative team's requests for client or patient records and all redaction requirements specified under this section. The board may seek a court order to enforce valid requests for such records under this section.
8. Any board member who has had a personal relationship or has worked in a professional capacity with a complainant or with a licensee against whom a complaint has been filed or whose personal or professional views regarding the licensee or the complainant could prevent the board member from being impartial in considering the complaint shall recuse himself or herself from any investigation or disciplinary action against such licensee.

Source. 2023, 235:8, eff. July 15, 2023.

310:10 Disciplinary Proceedings; Non-Disciplinary Remedial Proceedings

1. 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.
2. Boards shall conduct disciplinary and non-disciplinary remedial proceedings in accordance with procedural rules adopted by the executive director.
3. The office shall employ sufficient administrative prosecutors qualified by reason of education, competence, and relevant experience to serve as hearing counsel in all disciplinary proceedings before the boards.
4. 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 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.
5. The presiding officer in disciplinary and non-disciplinary remedial proceedings may issue subpoenas for persons, relevant documents and relevant materials in accordance with the following conditions:
   1. Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service.
   2. Subpoenas for documents and materials shall not require compliance in fewer than 15 days after receipt of service.
   3. Service shall be made on licensees and certified individuals by certified mail to the address on file with the office or by hand and shall not entitle them to witness or mileage fees.
   4. Service shall be made on persons who are not licensees or certified individuals 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."
6. In carrying out disciplinary or non-disciplinary remedial proceedings, 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.
7. Boards shall be the triers of fact in all disciplinary and non-disciplinary remedial proceedings, and shall determine sanctions, if any.
8. At any time before or during disciplinary or non-disciplinary remedial proceedings, complaints may be dismissed or disposed of, in whole or in part:
   1. 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
   2. Through an order of dismissal for default, for want of jurisdiction, or failure to state a proper basis for disciplinary action.
9. 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.
10. Except as otherwise provided by RSA 541-A:30, the board shall furnish the respondent at least 15 days' written notice of the date, time and place of a hearing. 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.
11. 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.
12. 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.
13. 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.
    1. A client or patient who is not a complainant shall not be compelled to testify at a hearing.
    2. 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.
    3. If a complainant client or patient requests the privacy safeguards in subparagraph (b), the presiding officer may make such accommodations.

Source. 2023, 235:8, eff. July 15, 2023.

310:11 Licensing Proceedings

1. Boards shall conduct licensing proceedings in accordance with procedural rules adopted by the executive director.
2. If a board denies a license following a licensing proceeding, its final decision shall be issued in accordance with RSA 541-A:35.
3. In carrying out licensing proceedings, the board shall have the authority to:
   1. Hold pre-hearing conferences exempt from the provisions of RSA 91-A;
   2. Appoint a board member or other qualified person as presiding officer; and
   3. Administer, and authorize an appointed presiding officer to administer, oaths and affirmations.
4. 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.
5. Licensing proceedings shall be open to the public in accordance with RSA 91-A.

Source. 2023, 235:8, eff. July 15, 2023.

310:12 Sanctions

1. Upon making an affirmative finding that a licensee has committed professional misconduct, boards may take disciplinary action in any one or more of the following ways:
   1. By reprimand.
   2. By suspension of a license for a period of time as determined reasonable by the board.
   3. By revocation of license.
   4. By placing the licensee on probationary status. The board may require the person to submit to any of the following:
      1. Regular reporting to the board concerning the matters which are the basis of the probation.
      2. Continuing professional education until a satisfactory degree of skill has been achieved in those areas which are the basis of probation.
      3.  Submitting to the care, counseling, or treatment of a physician, counseling service, health care facility, professional assistance program, or any comparable person or facility approved by the board.
      4. Practicing under the direct supervision of another licensee for a period of time specified by the board.
   5. By assessing administrative fines in amounts established by the board which 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.
2. The board may issue a non-disciplinary confidential letter of concern to a licensee advising that while there is insufficient evidence to support disciplinary action, the board believes the licensee or certificate holder should modify or eliminate certain practices, and that continuation of the activities which led to the information being submitted to the board may result in action against the licensee's license. This letter shall not be released to the public or any other licensing authority, except that the letter may be used as evidence to establish a relevant pattern or course of conduct in subsequent adjudicatory proceedings by the board.
3. In the case of sanctions for discipline in another jurisdiction, the decision of the other jurisdiction's disciplinary authority may not be collaterally attacked and the board may impose any of the sanctions set forth in this chapter, but shall provide notice and an opportunity to be heard prior to imposing any sanctions.
4. In cases involving imminent danger to public health, safety, or welfare, a board may order immediate suspension of a license or certification pending an adjudicative proceeding before the board to determine if the suspension should remain in place pending final adjudication of the matter, and which shall commence not later than 10 working days after the date of the order suspending the license unless the licensee or certified individual agrees in writing to a longer period. In such cases of immediate danger, the board shall comply with RSA 541-A:30.
5. For any order issued in resolution of a disciplinary proceeding by the board, where the board has found misconduct sufficient to support disciplinary action, the board may require the licensee or certificate holder who is the subject of such finding to pay the office the reasonable cost of investigation and prosecution of the proceeding, but which shall not exceed $10,000. This sum may be imposed in addition to any otherwise authorized administrative fines levied by the board as part of the penalty. The investigative and prosecution costs shall be assessed by the office and any sums recovered shall be credited to the office's fund and disbursed by the office for any future investigations of complaints and activities that violate this chapter or rules adopted under this chapter.

Source. 2023, 235:8, eff. July 15, 2023.

310:13 Unlicensed Practice

Whoever, not being licensed or otherwise authorized to practice according to the laws of this state, advertises oneself as engaging in a profession licensed or certified by the office of professional licensure and certification, engages in activity requiring professional licensure, or in any way holds oneself out as qualified to do so, or calls oneself a licensed professional, or whoever does such acts after receiving notice that such person's license to practice has been suspended or revoked, is engaged in unlawful practice. After providing notice and opportunity to be heard, and upon making an affirmative finding of unlawful practice, the board may impose a fine not to exceed the amount of any gain or economic benefit that the person derived from the violation, or up to $10,000 for each offense, whichever amount is greater. Each violation of unlicensed or unlawful practice shall be deemed a separate offense. The board, the state's attorney general, or a prosecuting attorney of any county or municipality where the act of unlawful practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unlawful practice. The action to enjoin shall not replace any other civil, criminal, or regulatory remedy. An injunction without bond is available to any board.

Source. 2023, 235:8, eff. July 15, 2023.

310:14 Rehearing; Appeals

1. Any person who has been denied a license or certification by the office or a board shall have the right to a rehearing before the appropriate board. Requests for a rehearing shall be made in writing to the appropriate board within 30 days of receipt of the original final decision.
2. Any person who has been disciplined by a board shall have the right to petition in writing for a rehearing within 30 days of receipt of the original final decision.
3. 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. No sanction shall be stayed by the board during an appeal.

Source. 2023, 235:8, eff. July 15, 2023.

310:15 Oversight Committee; Establishment; Purpose

1. There shall be an oversight committee for the office of professional licensure and certification (OPLC) consisting of the following members:
   1. Three members of the house executive departments and administration committee, one of whom shall be a minority member of that committee, appointed by the speaker of the house of representatives.
   2. Two members of the senate executive departments and administration committee, one of whom shall be a minority member of that committee, appointed by the president of the senate.
2. Membership on the oversight committee shall be for the duration of the biennium and shall be coterminous with membership in the general court. The first meeting of the committee shall be called by the first-named house member. The committee shall elect a chair from among the members at the first meeting of each biennium. Meetings shall be called as needed, but at least quarterly. The members of the committee shall receive mileage at the legislative rate when performing the duties of the committee. Three members of the committee shall constitute a quorum.
3. The committee shall provide legislative oversight and informational meetings on the policies and rules of the office as brought to its attention by office personnel, legislators, members of the boards, councils, committees, and commissions overseen by OPLC, and members of the professions under the jurisdiction of OPLC. The committee's work shall include analyzing the division of duties between administration and the boards in order to promote more productive and efficient interactions.
4. The oversight committee shall recommend legislation deemed necessary to correct issues it identifies.

Source. 2023, 235:8, eff. July 15, 2023.

310:16 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:

1. 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.
2. 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.
3. 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.
4. All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.

Source. 2023, 235:8, eff. July 15, 2023.

310:17 License Reciprocity

1. Notwithstanding any other state law to the contrary, the office shall issue licenses to professionals who present evidence of an active license in good standing from another jurisdiction, in accordance with rules adopted by the executive director under RSA 541-A, provided that the jurisdiction's licensing requirements are substantially similar to New Hampshire's licensing requirements, as determined by the executive director in consultation with the boards, commissions, and councils within the office. Individuals seeking a license by endorsement pursuant to this section shall be required to undergo criminal history records check if otherwise required for initial licensing applications for that profession.
2. All individuals licensed under this section shall be subject to the jurisdiction of the state licensing body for that profession.

Source. 2023, 111:1, eff. Aug. 27, 2023.

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CHAPTER Phy 100 ORGANIZATIONAL RULES

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PART Phy 101 PURPOSE

Phy 101.01 Purpose.

This chapter sets forth the organization and statutory responsibilities of physical therapy governing board and the manner of communication with the board. 

Source. #9309, eff 11-28-2007; ss by #12993, eff 2-22-2020

PART Phy 102 DEFINITIONS

Phy 102.01 "Board" means "board" as defined in RSA 328-A:2, I, namely, "the physical therapy governing board established in RSA 328-F."

Source. #9309, eff 11-28-2007; ss by #12993, eff 2-20-2020

Phy 102.02 "Physical therapist” means "physical therapist" as defined in RSA 328-A:2, VII, namely "a person who is licensed pursuant to this chapter to practice physical therapy in this state."

Source. #9309, eff 11-28-2007; ss by #12993, eff 2-20-2020 

Phy 102.03 "Physical therapy” means “physical therapy" as defined in RSA 328-A:2, IX, namely "the care and services provided by or under the direction and supervision of a physical therapist who is licensed pursuant to this chapter."

Source.  #9309, eff 11-28-2007; ss by #12993, eff 2-20-2020

Phy 102.04  "Physical therapy assistant (PTA)" means a "physical therapist assistant as defined in RSA 328-A:2, VIII, namely "a person who meets the requirements of this chapter for licensure and who assists the physical therapist in selected components of physical therapy intervention."

Source.  #9309, eff 11-28-2007; ss by #12993, eff 2-20-2020
 
PART Phy 103 DESCRIPTION OF THE BOARD AND BOARD MEETINGS

Phy 103.01 Composition of the Board.

The board consists of 5 members appointed as specified in RSA 328-F:4, VI. The members include 2 licensed physical therapists, one physical therapist assistant, and 2 public members.

Source. #9039, eff 11-28-2007; ss by #12993, eff 2-20-2020

Phy 103.02 Relationship of the Board to the Office of Licensed Allied Health Professionals.

Pursuant to RSA 328-F:3, II, the chairperson of the board or the appointee of the chairperson is a member of the board of directors of the office of licensed allied health professionals.

Source. #9039, eff 11-28-2007; ss by #12993, eff 2-20-2020

Phy 103.03 Responsibilities of the Board.

The board has the responsibility to:

1. Issue initial, conditional, renewal, and reinstated licenses to persons who meet the requirements of RSA 328-A, RSA 328-F, and the rules of the board;
2. Investigate instances of possible professional misconduct by licensees, initiate disciplinary proceedings when necessary and impose sanctions for proven misconduct;
3. Regulate the practice of physical therapy by interpreting and enforcing RSA 328-A; and
4. Maintain a current list of licensees, including each licensee's name, current business and residential address, telephone numbers and license number.

Source. #9039, eff 11-28-2007; ss by #12993, eff 2-20-2020

Phy 103.04 Board Meetings and Quorum.

1. Pursuant to RSA 328-F:8 the board meets monthly or more often as its business requires.
2. A majority of the board constitutes a quorum.

Source. #9039, eff 11-28-2007; ss by #12993, eff 2-20-2020

Phy 103.05 Attendance at Meetings By Members of the Public.

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

Source. #9039, eff 11-28-2007; ss by #12993, eff 2-20-2020

Phy 103.06 Other Organizational Rules.

The board is part of the office of licensed allied health professionals. Information such as the board’s office location, address, and telephone number may be found at Ahp 104. Information regarding the public’s access to minutes and other board records may be found at Ahp 103.05 and Ahp 104.03.

Source. #12993, eff 2-20-2020

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CHAPTER Phy 200 PRACTICE AND PROCEDURES

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PART 201 PRACTICE AND PROCEDURE

Phy 201.01 Rules of Practice and Procedure.

The Plc 200 rules shall govern with regards to all procedures for:

1. The receipt and investigation of misconduct complaints;
2. The conduct of adjudicative and non-adjudicative proceedings;
3. Rulemaking submissions, considerations, and dispositions of rulemaking petitions;
4. Public comment hearings;
5. Declaratory rulings:
6. Explanation of adopted rules;
7. Voluntary surrender of licenses; and
8. Waivers.

Source. #12993, eff 2-22-2020; ss by #14061, eff 8-20-2024

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CHAPTER Phy 300 REQUIREMENTS FOR INITIAL LICENSURE

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PART Phy 301 SCOPE

Phy 301.01 Scope

1. This chapter shall apply to individuals intending to practice as physical therapists except those made exempt from licensure by RSA 328-A:8, II.
2. This chapter shall apply to individuals intending to practice as physical therapist assistants except those made exempt from licensure by RSA 328-A:8, III.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

PART Phy 302 DEFINITIONS

Phy 302.01 "Active in the profession" means having engaged in physical therapy under licensure in another state:

1. As:
   1. A clinician in the practice of physical therapy, as defined in RSA 328-A:2,XI;
   2. A physical therapy educator;
   3. A physical therapy administrator;
   4. A physical therapy consultant;
   5. A student enrolled full time in an advanced physical therapy degree program; or
   6. A physical therapy researcher; and
2. At the rate of 200 hours for the 24 months immediately preceding the completed application.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12087, eff 1-20-2017; ss by #12864, eff 9-10-2019

Phy 302.02 "American Physical Therapy Association (APTA)" means a national professional organization with the goal to foster advancements in physical therapy practice, research, and education.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.03 "Commission on Accreditation in Physical Therapy Education (CAPTE)" means the component of the American Physical Therapy Association that establishes the core requirements for physical therapy education and accredits programs of physical therapy education.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.04 "Direct personal supervision" means, pursuant to RSA 328-A:2, III, that the physical therapist or the physical therapist assistant is physically present and immediately available to direct and supervise tasks that are related to patient/client management. The direction and supervision is continuous throughout the time these tasks are performed. Telecommunications does not meet the requirement of direct personal supervision.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.05 "Direct supervision" means "direct supervision" as defined in RSA 328-A:2, IV, namely "the physical therapist is physically present and immediately available for direction and supervision. The physical therapist will have direct contact with the patient/client during each visit that is defined as all encounters with a patient/client in a 24 hour-period. Telecommunications does not meet the requirement of direct supervision.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.06 "Federation of State Boards of Physical Therapy (FSBPT)" means the entity that develops the national examination for physical therapists and physical therapist assistants.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.07 "Foreign Credentialing Commission on Physical Therapy (FCCPT)" means a non-profit organization created to assist federal immigration authorities and physical therapy licensing bodies by evaluating the credentials of foreign educated physical therapists to determine whether they have acquired educational credentials equivalent to those required of physical therapists educated in the United States.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.08 "General supervision" means "general supervision" as defined in RSA 328-A:2, V, namely, "that the physical therapist is not required to be on-site for direction and supervision, but must be available at least by telecommunications."

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.09 "Internet-based Test of English as a Foreign Language (TOEFL-IBT)" means a version of TOEFL which is taken on-line at designated test centers.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.10 "National Physical Therapy Examination for Physical Therapist Assistants" means the examination developed by the Federation of State Boards of Physical Therapy to test entry-level competence for physical therapist assistants.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.11 "National Physical Therapy Examination for Physical Therapists" means the examination developed by the Federation of State Boards of Physical Therapy to test entry-level competence for physical therapists.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.12 "Practice of physical therapy" means "practice of physical therapy" as defined in RSA 328-A:2, XI, namely,

1. Testing, examining and evaluating impairments, movement dysfunctions, and disabilities or other health and movement-related conditions in order to determine a diagnosis, prognosis, and plan of intervention, and to assess the outcomes of intervention.
2. Alleviating impairments, movement dysfunctions, and disabilities by designing and implementing, and modifying interventions that include, but are not limited to therapeutic exercise; training related to movement dysfunctions in self care and in home, community or work integration or reintegration; manual therapy including soft tissue and joint mobilization; therapeutic massage; assistive and adaptive orthotic, prosthetic, protective and supportive devices and equipment related to movement dysfunctions; airway clearance techniques; integumentary protection and repair techniques; debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; and patient-related instruction.
3. Reducing the risk of injury, impairment, movement dysfunctions and disability, including the promotion and maintenance of health, wellness, and fitness in populations of all ages.
4. Engaging in administration, consultation, education and research.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 302.13 "Test of English as a Foreign Language (TOEFL)" means a test developed by the Educational Testing Service to measure the ability of non-native speakers of English to use and understand English as it is spoken, written, and heard in college and university settings.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

PART Phy 303 EXAMINATION APPLICATION PROCEDURES AND THE BOARD'S PROCESSING OF APPLICATIONS

Phy 303.01 Method of Applying for the National Physical Therapy Examination

Those seeking to apply for initial licensure as a physical therapist or physical therapist assistant in New Hampshire shall apply to take the National Physical Therapy Examination for physical therapists or the National Physical Therapy Examination for physical therapist assistants, as applicable.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 303.02 Request for the Board's Approval for Reasonable Accommodation for Disability in the Administration of the National Physical Therapy Examination

Applicants seeking reasonable accommodations for disabilities in the administration of the National Physical Therapy Examination shall do so through the FSBPT. 

Source. #9369, eff 1-24-2009; ss by #9545, eff 9-19-2009; ss by #12087, eff 1-20-2017; ss by#12864, eff 9-10-2019

Phy 303.03 Re-Taking the National Physical Therapy Examination

Individuals seeking to retake the national physical therapy or physical therapy assistant examination shall apply to retake the examination through the FSBPT.

Source. #9430, eff 3-19-2009; ss by #9653, eff 2-5-2010; ss by #12087, eff 1-20-2017

Phy 303.04 Jurisprudence Assessment Module

1. Each applicant for initial licensure or reinstatement of licensure to practice as a physical therapist shall be examined on the contents of RSA 328-A Physical Therapy Practice Act, Phy 100 through  Phy 500, and the APTA Code of Ethics for the Physical Therapist.
2. Each applicant for initial licensure or reinstatement of licensure to practice as a physical therapist assistant shall be examined on the contents of RSA 328-A Physical Therapy Practice Act, Phy 100 through Phy 500, and the APTA Standards of Ethical Conduct for the Physical Therapist Assistant.
3. The jurisprudence assessment module shall be:
   1. Developed and administered by the FSBPT and available at https://www.fsbpt.org/ourservices/jurisprudenceassessmentmodule(JAM)services/newhampshire.aspx;
   2. Open book;
   3. Available on a secure web site; and
   4. Taken individually without consulting others.
4. An individual shall achieve a passing score of at least 80 percent.
5. An individual who fails the jurisprudence assessment module may retake the module as many times as it takes for the individual to pass the module.

Source. #9869, eff 2-18-2011; ss by #10724, eff 11-22-2014; ss by #12864, eff 9-10-2019

PART Phy 304 INITIAL LICENSURE APPLICATION PROCEDURES AND THE BOARD'S PROCESSING OF APPLICATIONS

Phy 304.01 Method of Applying for Initial Licensure and the Board's Processing of License Applications

1. Applicants who wish, after passing the applicable national physical therapy examination, to apply for initial licensure as a physical therapist or a physical therapist assistant shall do so by submitting each of the following components of the application:
   1. A license application form provided by the board that contains the information specified by Ahp 601.01;
   2. The materials specified by Phy 304.02;
   3. The non-refundable application processing fee specified by Ahp 301.02(a); and
   4. The initial license fee specified by Ahp 301.02(a).
2. If the board, after receiving and reviewing a completed application form and the materials submitted with it, requires further information or documents to determine the applicant's eligibility for initial licensure, the board shall:
   1. So notify the applicant in writing within 60 days; and
   2. Specify the information or documents it requires.
3. An application shall be considered to be completed on the first date that the board has received:
   1. The completed application described in (a) above; and
   2. Any additional information or documents which may have been requested pursuant to (b) above.
4. The application for initial licensure shall be denied if the application as described in (a)(1)-(4) above is not complete within 54 weeks of the receipt by the board of the completed application-form.
5. The board shall issue written approval or denial of an application for initial licensure within 120 days of the date that the application is complete.
6. The board shall refund the license fee, but not the application processing fee, if:
   1. The applicant withdraws the application;
   2. The application as described in (a)(1)-(4) above is not completed within 54 weeks of receipt by the board of the completed application-form; or
   3. The board denies the application pursuant to this chapter.
7. Any applicant wishing to challenge the board's denial of an application for initial licensure shall:
   1. Make a written request for a hearing of the applicant's challenge; and
   2. Submit this request to the board:
      1. Within 60 days of the board’s notification of denial; or
      2. If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from duty, whichever occurs later.

Source. #9233, eff 8-22-2008; ss by #10724, eff 11-22-2014; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 304.02 Materials Required to Accompany the License Application Form

At the time that applicants for initial licensure submit their completed license application form, they shall submit, or arrange for the board to receive, the following materials:

1. A passport size, 2" x 2", original head-shot photograph taken within the immediately preceding 6 months;
2. On a separate sheet, a detailed report of the relevant circumstances if any of the answers to questions from the application form specified in Ahp 601.01 are in the affirmative;
3. An official transcript submitted as required by Phy 303.01(c)(1) showing the relevant degree awarded and the date the degree was awarded;
4. If the applicant is required by Phy 306.04 to take and pass a test of English language proficiency, the applicant's examination scores sent directly to the board by the Educational Testing Service;
5. The applicant's examination scores sent directly to the board by FSBPT;
6. The passing scores on the jurisprudence assessment module sent directly to the board by the Federation of State Boards of Physical Therapy; and
7. If the applicant is required by Phy 305.04 or Phy 305.05 to complete continuing education, documents as described in Phy 407;
8. A resume presenting a chronologically organized account of the applicant’s experience in physical therapy for the past 6 years, including:
   1. Each separate experience in paid or volunteer work as:
      1. A clinician in the practice of physical therapy, as defined in RSA 328-A:2,XI;
      2. A physical therapy educator;
      3. A physical therapy administrator;
      4. A physical therapy consultant;
      5. A student enrolled full time in an advanced physical therapy degree program; or
      6. A physical therapy researcher;
   2. The approximate number of hours spent in each separate experience during each 12-month period of experience;
   3. The name and address of any clinical affiliation, if any, for each experience;
   4. The period of each separate experience described by its beginning and ending dates; and
   5. The physical address of each experience;
9. Unless the information sought is available only on a website, an official letter of verification sent directly to the board from every state which has issued the applicant a license or other authorization to practice physical therapy stating:
   1. Whether the license or other authorization is or was, during its period of validity, in good standing; and
   2. Whether any disciplinary action was taken against the license or other authorization to practice;
10. A criminal history records check form and fingerprint card, seeking both a New Hampshire and a federal records check, in accordance with the procedure specified by the NH department of safety at Saf-C 5700, Operation of the Central Repository: Criminal Records, with the required fee.
11. If the federal criminal history records check shows the existence of a criminal record in another state, the applicant shall obtain a detailed criminal record check directly from that state and provide it to the board; and
12. If the conditional licensure described in Phy 307 is applicable to the applicant, the completed supervision form described in Ahp 601.05.

Source. #9233, eff 8-22-2008; ss by #9429, eff 3-19-2009; ss by #9653, eff 2-5-2010; ss by #9869, eff 2-18-2011; ss by #10060, eff 12-23-2011; ss by #10401, eff 8-23-2013; ss by #10724, eff 11-22-2014; ss by #12864, eff 9-10-2019

PART Phy 305 QUALIFICATIONS FOR INITIAL LICENSURE

Phy 305.01 Basic Eligibility Requirements for Full or Conditional Initial Licensure

a.  Applicants for initial licensure as physical therapists or physical therapist assistants shall:

1. Be of good moral character as evidenced by:
   1. The answers to the questions on the application form described in Phy 304.01(a)(1);
   2. Any reports submitted pursuant to the requirements of the application form described in Phy 304.01(a)(1);
   3. The resume submitted pursuant to Phy 304.02(h);
   4. Any information about the applicant's licenses or other authorizations to practice physical therapy obtained pursuant to Phy 304.02(i);
   5. Any criminal offender record reports submitted pursuant to Phy 304.02(j); and
   6. Absence of a report from FSBPT that the applicant has subverted or undermined the integrity of one of the national physical therapy examinations;
2. If applicable, have met the English language proficiency testing requirement of Phy 306.04;
3. Have taken and passed the national physical therapy examination for physical therapists or the national physical therapy examination for physical therapist assistants, as applicable; and
4. Have taken and passed the jurisprudence assessment module as described in Phy 303.04.

b.  Based on the board’s determination pursuant to RSA 332-G:7, no military experience shall be applicable to the education of physical therapists or physical therapist assistants and therefore military experience shall not be considered when determining whether an applicant meets the educational requirements for licensure.

Source. #9233, eff 8-22-2008; ss by #9429, eff 3-19-2009; ss by #9869, eff 2-18-2011; ss by #10401, eff 8-23-2013; ss by #10724, eff 11-22-2014; ss by #10933, eff 9-18-2015; ss by #12087, eff 1-20-2017; ss by #12864, eff 9-10-2019

Phy 305.02 Issuance of Full Initial Licenses

The board shall issue full initial licenses to applicants who:

1. Meet the basic eligibility requirements of Phy 305.01; and
2. Are in one of the following 3 categories of applicants:
   1. Those who applied for licensure within 12 months of passing the applicable national examination;
   2. Those who, having applied for licensure between 12 and 36 months of passing the applicable national examination, have demonstrated continuing competence by either method set forth in Phy 305.04; or
   3. Those who, having applied for licensure more than 36 months after passing the applicable national examination, have been active in the profession as defined in Phy 302.01 for the 24 months immediately preceding their applications.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12087, eff 1-20-2017; ss by#12864, eff 9-10-2019

Phy 305.03 Issuance of Conditional Licenses

1. The board shall initially approve a request for a conditional license to applicants who:
   1. Meet the basic eligibility requirements of Phy 305.01 but have not been active in the profession, as defined in Phy 302.01;
   2. Meet the requirements of Phy 305.04 or Phy 305.05, as applicable; and
   3. Obtain a supervisor pursuant to Phy 307.
2. After initial approval, the applicant shall submit a completed supervision form pursuant to Ahp 601.05 within three months of the board's initial approval under subparagraph (a).
3. The board shall issue a conditional license to individuals who have received initial approval under (a) above and submitted the supervision form as required under (b) above.
4. The board shall deny a request for a conditional license to individuals who either have failed to receive initial approval under (a) above or have failed to submit a supervision form under (b) above.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 305.04 Demonstration of Continuing Competence by Those Applying 12 or More Months After Passing the Examination

Applicants applying for initial licensure between 12 or more months after passing the applicable national examination shall demonstrate continuing competence by:

1. Being active in the profession as defined in Phy 302.01; or
2. Meeting the requirements of Phy 305.05 if not active in the profession as described in (a) above.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12087, eff 1-20-2017; ss by #12864, eff 9-10-2019

Phy 305.05 Demonstration of Continuing Competence By Those Applying for Initial Licensure 12 or More Months After Passing the Applicable National Examination When Not Active in the Profession.

Applicants applying for initial licensure 12 or more months after passing the applicable national examination when not active in the profession shall demonstrate continuing competence as follows:

1. If applying between 12 and 24 months after passing the applicable examination, by:
   1. Completing 12 hours of continuing professional clinical education in physical therapy theory and practice; and
   2. Proving such completion by submitting to the board documentation as described in Phy 407;
2. If applying between 25 and 36 months after passing the applicable examination, by:
   1. Completing 24 hours of continuing professional clinical education in physical education theory and practice, and
   2. Proving such completion by submitting to the board documentation as described in Phy 407; or
3. If applying more than 36 months after passing the applicable examination, by:
   1. Retaking and passing the applicable national examination; and
   2. After passing the examination, completing the conditional licensure requirements set forth in Phy 307.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12087, eff 1-20-2017; ss by #12864, eff 9-10-2019

PART Phy 306 EDUCATIONAL REQUIREMENTS FOR INITIAL LICENSURE

Phy 306.01 Educational Requirements for Applicants for Initial Licensure

Applicants for initial licensure as physical therapists and physical therapist assistants shall be graduates of a physical therapy education program:

1. Approved by CAPTE;
2. Approved by APTA during the period from 1955 through 1977;
3. Approved before 1955 by The Council on Medical Education and Hospitals of the American Medical Association; or
4. Meeting the standards set forth in Phy 306.02 if the physical therapy education program was outside the United States and does not meet any of the standards in (a) through (c) above.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 306.02 Educational Requirements for Applicants Educated in Physical Therapy Outside of the United States

Applicants for initial licensure as physical therapists who have been educated outside of the United States in programs not meeting any of the standards in Phy 306.01(a) through (c) shall be graduates of a physical therapy education program:

1. Sponsored by an institution recognized by the education ministry of the country in which the institution is located; and
2. Determined by one of the following credentials evaluators to be substantially equivalent to a physical therapy education program approved by CAPTE:
   1. The FCCPT; or
   2. A private or governmental entity evaluating credentials, provided that:
      1. The entity uses as its evaluation tool the current version of the FSBPT course work evaluation tool for persons who received their physical therapy education outside the United States;
      2. The credentials evaluator for the entity is trained to use such tool; and
      3. The entity maintains a quality assurance program.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 306.03 Educational Requirements for Applicants Educated as Physical Therapist Assistants Outside of the United States

Applicants for initial licensure as physical therapists assistants who have been educated outside of the United States in programs not meeting any of the standards in Phy 306.01(a) through (c) shall be graduates of a physical therapy education program:

1. Sponsored by an institution recognized by the government of the country in which the institution is located; and
2. Determined by one of the following credentials evaluators to be substantially equivalent to a physical therapist assistant education program approved by CAPTE:
   1. The FCCPT; or
   2. A private or governmental entity evaluating credentials, provided that:
      1. The entity uses as its current evaluation tool the version of the FSBPT course work evaluation tool for persons who received their physical therapy assistant education outside the United States;
      2. The credentials evaluator for the entity is trained to use such tool; and
      3. The entity maintains a quality assurance program.

Source. #10060, eff 12-23-2011; ss by #12864, eff 9-10-2019

Phy 306.04 English Language Proficiency Testing Requirement

1. Applicants for initial licensure as physical therapists and physical therapist assistants whose native language is not English and have been educated outside the United States in programs not approved by CAPTE shall have taken and passed one of the tests of English language proficiency described in (b) and (c) below.
2. Applicants having taken a test of English language proficiency before December 31, 2005 shall have passed the following subtests of TOEFL with the following scores:
   1. The test of English as a foreign language with a score of 560;
   2. The test of written English with a score of 4.5; and
   3. The test of spoken English with a score of 50.
3. Applicants who have taken a test of English language proficiency after January 1, 2006 shall pass or have passed TOEFL-IBT:
   1. With an overall score of 89; and
   2. With the following subtest scores:
      1. Writing with a score of 22;
      2. Speaking with a score of 24;
      3. Reading comprehension with a score of 22; and
      4. Listening comprehension with a score of 21.

Source. #9233, eff 8-22-2008; ss by #10202, eff 10-19-2012; ss by #12864, eff 9-10-2019

PART Phy 307 CONDITIONAL LICENSES

Phy 307.01 The Nature of Conditional Licenses

Conditional licenses shall:

1. Limit the practice of a physical therapist or physical therapist assistant to the supervised practice described in Phy 307.03 and
2. Remain valid for no more than 26 weeks unless their vailidity is extended pursuant to Phy 307.06 or Phy 307.07.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 307.02 Requirements for Supervisors

1. A physical therapist shall be supervised by a physical therapist.
2. A physical therapist assistant shall be supervised by either a physical therapist or physical therapist assistant.
3. The practice of a conditional licensee shall be supervised by one or more individual who:
   1. Are currently licensed in New Hampshire as a physical therapist or physical assistant and have been practicing clinically for a period of at least one year;
   2. Are non-probationary employee not under disciplinary investigation or pending disciplinary charges in the facility where supervision is to take place;
   3. Have not had any disciplinary action taken against them in the preceding 2 years; and
   4. Are not related in any of the following ways to the conditional licensee to be supervised:
      1. Spouse or civil union partner;
      2. Parent, step-parent, parent-in-law or step-parent-in-law;
      3. Natural, foster or adopted child or stepchild; or
      4. Sibling, brother-in-law or sister-in-law.
4. If there is more than one individual supervising a conditional licensee at any particular time:
   1. Only one of these individuals shall bear responsibility for compliance with Phy 307, notwithstanding that he or she has delegated supervisory tasks to another; and
   2. That individual shall complete and sign the supervision form described in Ahp 601.05 and submit it to the board by the conditional licensee.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 307.03 Supervised Practice

1. Conditional licensees shall practice under supervision as described in (b)-(c) below for a total of 320 hours.
2. The first 200 hours of supervision shall be:
   1. Direct personal supervision, as defined in Phy 302.04, for at least 75% of the hours worked each week; and
   2. Direct supervision, as defined in Phy 302.05, for at least 25% of the hours worked each week.
3. The 120 hours immediately following the first 200 hours described in (b) above shall be:
   1. Direct personal supervision, as defined in Phy 302.04, for at least 30% of the hours worked each week;
   2. Direct supervision, as defined in Phy 302.05, for at least 30% of the hours worked each week; and
   3. General supervision, as defined in Phy 302.08, for no more than 40% of the hours worked each week.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12087, eff 1-20-2017; ss by #12864, eff 9-10-2019

Phy 307.04 Administrative and Ethical Obligations of Conditional Licensees

1. The administrative obligations of conditional licensees shall be as follows:
   1. Before the beginning of supervision by the individual who will provide some or all of the weeks of supervision, conditional licensees shall:
      1. Give to these individuals a copy of Phy 307 and the supervision form described in Ahp 601.05;
      2. Discuss the required supervision with them; and
      3. Submit the completed supervision form described in Ahp 601.05 to the board; and
   2. When the supervisor is permanently replaced by another supervisor, conditional licensees shall take the actions required by (1) above.
2. The ethical standards to be met by conditional licensees shall be those set forth in Phy 500.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 307.05 Post-Supervision Attestation Letter

1. For a conditional licensee who is a physical therapist, the letter indicating supervisory approval shall:
   1. Be dated and signed by the individual who is the conditional licensee's most recent supervisor;
   2. Attest that the supervisor has supervised to the level required by Phy 307.03;
   3. Be based on the determinations by the supervisor required by Phy 307.09;
   4. State the opinion of the supervisor that the conditional licensee is ready to practice under full licensure because the supervisor has determined that the conditional licensee has the following requisite skills detailed in Phy 307.09:
      1. Evaluation skills;
      2. Treatment skills;
      3. Management skills;
      4. Professional interaction skills; and
   5. Submit the letter to the board within 30 days of the date the supervision was completed.
2. For a conditional licensee who is a physical therapist assistant, the letter indicating supervisory approval shall:
   1. Be dated and signed by the individual who is the conditional licensee's most recent supervisor;
   2. Attest that the supervisor has supervised to the level required by Phy 307.03;
   3. Be based on the determinations by the supervisor required by Phy 307.10;
   4. State the opinion of the supervisor that the conditional licensee is ready to practice under full licensure because the supervisor has determined that the conditional licensee has the following requisite skills detailed in Phy 307.10:
      1. Treatment skills;
      2. Management skills; and
      3. Professional interaction skills; and
   5. Submit the letter to the board within 30 days of the date the supervision was completed.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 307.06 Extension of Conditional License When Supervised Practice is Incomplete or Supervisory Approval Letter is Unavailable

The board shall extend a conditional license, one time, for an additional period of no more than 26 weeks when:

1. The conditional license is still valid;
2. The conditional licensee:
   1. Is unable to complete the required supervised practice because of loss of employment for any reason other than being terminated for cause or terminated during probationary employment because of incompetence; or
   2. Is unable to submit the required supervisory approval letter for a reason unrelated to the supervisor’s belief that the licensee is not ready to practice under full licensure; and
3. The conditional licensee submits to the board a written request for the extension explaining the details of one of the reasons in (b) above.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 307.07 Extension of Conditional License in Accordance with Supervisor’s Recommendation

The board shall extend the period of validity of a conditional license for the period of time, not to exceed 6 weeks, specified when the supervisor of the conditional licensee determines the extension is necessary to achieve readiness to practice with full licensure:

1. During the period of validity of the original conditional license; and
2. When the conditional licensee submits the supervisor’s signed statement of opinion that the licensee will become ready to practice under full licensure if the conditional license is extended for a specified period of time, not to exceed 6 weeks.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 307.08 Expiration, Denial, and Suspension of Conditional Licenses

1. A conditional license shall expire upon the first of the following events:
   1. The date of expiration of the conditional license; or
   2. The board's approval or denial for full licensure.
2. The conditional licensee shall have the right to challenge the board’s denial of full licensure through an adjudicative hearing.
3. The board shall suspend a conditional license under the following circumstances:
   1. Practice by the conditional licensee without the required supervision;
   2. The conditional licensee’s termination from employment for cause; or
   3. The conditional licensee’s termination from employment for incompetence during the supervisory period.
4. The board shall suspend a conditional license pursuant to (c) above only after:
   1. Giving the conditional licensee notice containing:
      1. A statement of the board’s intention to suspend the conditional license;
      2. The grounds of the intended suspension;
      3. The date of the intended suspension; and
      4. A statement that the conditional licensee has the right to request an adjudicative hearing to challenge the intended suspension; and
   2. Providing the conditional licensee the opportunity to challenge the intended suspension at an adjudicative hearing.
5. The board shall suspend a conditional license on an emergency basis in the circumstances, and according to the procedures, set forth in RSA 541-A:30, III.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 307.09 Skills To Be Determined for Conditional Licensees Who Are Physical Therapists

The supervisor of a conditional licensee who is a physical therapist shall, in the course of supervision, determine whether and to what extent the conditional licensee has the following skills:

1. Evaluation skills, including:
   1. Screening using procedures to determine the effectiveness of, and need for, physical therapy services, including:
      1. Identifying critical signs and symptoms that signal appropriateness for physical therapy examination;
      2. Selecting appropriate screening procedures;
      3. Conducting physical therapy screening in a technically competent manner;
      4. Interpreting screening findings; and
      5. Determining the client's appropriateness for referral to other providers;
   2. Examination skills, including:
      1. Selection of reliable and valid physical therapy examination methods relevant to the client's complaint, the screening results and the client's history;
      2. Obtaining accurate information by performing the selected examination methods;
      3. Performing them while minimizing risk to the patient and to the conditional licensee; and
      4. Performing them in a technically competent manner; and
   3. Skills in using the clinical findings to determine physical therapy diagnoses and outcomes of care, including:
      1. Synthesizing the examination data to complete the physical therapy evaluation;
      2. Interpreting clinical findings to establish a physical therapy diagnosis;
      3. Explaining to the client the influence of pathological, abnormal physiological and pharmacological processes on the patient’s movement system;
      4. Using clinical findings and a medical or a physical therapy diagnosis to establish a physical therapy prognosis;
      5. Performing regular re-examinations of the client's status;
      6. Performing regular evaluations of the effectiveness of the client's treatment; and
      7. Evaluating changes in the client's status;
2. Treatment skills, including:
   1. Practicing in a manner that minimizes risk to the patient, to the physical therapist and to others including, but not limited to:
      1. Using universal precautions and any health and safety regulations of the worksite;
      2. Maintaining a safe working environment;
      3. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;
      4. Being aware of contraindications and precautions of treatment;
      5. Requesting assistance when necessary; and
      6. Using techniques designed for safety in the handling of patients;
   2. Applying the principles of logic and the scientific method to the practice of physical therapy, including:
      1. Presenting a cogent rationale for clinical decisions;
      2. Making clinical decisions within the context of the ethical practice set forth in Phy 500;
      3. Making clinical decisions regarding therapy goals and the plan of care with the patient's informed consent and in accordance with RSA 328-A:15, III., IV. and V.;
      4. Utilizing information from multiple data sources to make clinical decisions;
      5. Distinguishing practices based on traditional beliefs from practices that are scientifically based; and
      6. Using appropriate outcome measures in the delivery and assessment of ongoing patient care;
   3. Designing a physical therapy plan of care:
      1. In collaboration with the patient;
      2. Consistent with the patient's examination and evaluation;
      3. Integrating goals, treatment, functional outcomes and a discharge plan;
      4. Specifying the expected time durations for the goals and functional outcomes;
      5. Adjusted in response to changes in the patient's status; and
      6. Establishing a plan for timely patient discharge; and
   4. Performing physical therapy interventions in a competent manner, including:
      1. Selecting interventions designed to achieve the desired outcomes;
      2. Performing effective, efficient and coordinated movements in providing technically competent interventions;
      3. Performing interventions consistent with the plan of care;
      4. Providing interventions in a manner minimizing risk to the physical therapist and the patient; and
      5. Using intervention time efficiently and effectively;
3. Management skills, including:
   1. Producing documentation to support the delivery of physical therapy services, including:
      1. Selecting relevant information to document the delivery of care;
      2. Documenting all aspects of physical therapy care, including screenings, examination, evaluation, plan of care, treatments, response to treatment(s), discharge planning, family conferences and communications with others involved in the delivery of care;
      3. Producing documentation that follows the guidelines and format required by the practice setting;
      4. Documenting patient care consistent with the board's rules and the requirements of third party payers; and
      5. Producing documentation that is accurate, concise, timely and legible;
   2. Participating in activities addressing quality of service delivery, including:
      1. Seeking information regarding the quality of care he or she renders;
      2. Following the protocols established by the prescribing physician, the practice setting and the employer; and
      3. Participating in quality assurance activities, peer reviews and review of utilization of services;
   3. Addressing any needs of the patient for services other than physical therapy, including:
      1. Determining the needs of, and available resources for, the patient;
      2. Recommending a referral(s) based on the expertise and effectiveness of the provider(s);
      3. Advocating for appropriate patient services and resources; and
      4. Assisting patients in accessing resources;
   4. Managing time, space and equipment to achieve the goals of the practice site or practice setting, including:
      1. Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;
      2. Using time effectively;
      3. Adhering to reimbursement guidelines established by payers for physical therapy services; and
      4. The scheduling of patients, equipment and space;
   5. Using the assistance of physical therapist assistants in accordance with the roles of physical therapists and physical therapist assistants set forth in Phy 409.01 through Phy 409.03; and
   6. Using the support of physical therapy aides in accordance with Phy 409.04; and
4. Professional interaction skills, including:
   1. Presenting oneself in a professional manner, including:
      1. Accepting responsibility for one's own actions;
      2. Being punctual and dependable;
      3. Completing scheduled assignments in a timely manner;
      4. Wearing attire consistent with the expectations of the practice site or setting;
      5. Abiding by policies and procedures of the practice site or setting; and
      6. Adapting to changes in schedule, patient population, treatment location and other changes similarly not within the control of the conditional licensee;
   2. Behaving professionally in interactions with others, including:
      1. Maintaining productive working relationships with patients, the families of patients and others;
      2. Contributing to a positive work environment by treating others with positive regard, dignity, respect and compassion;
      3. Accepting criticism without defensiveness;
      4. Managing conflict in positive ways; and
      5. Maintaining patients' privacy and modesty;
   3. Adhering to ethical practice, including:
      1. Complying with Phy 500;
      2. Identifying situations in which ethical questions are present; and
      3. Reporting to the employer and the board violations of ethical practice;
   4. Adhering to legal practice standards, including:
      1. Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F and the rules of the board; and
      2. Identifying situations in which legal questions are present;
   5. Communicating in ways that are congruent with situational needs, including:
      1. Communicating verbally and nonverbally in a professional and timely manner;
      2. Initiating communication in difficult situations;
      3. Selecting the most appropriate person(s) with whom to communicate;
      4. Listening actively and attentively to understand what is being communicated by others;
      5. Using professionally and technically correct language;
      6. Communicating using nonverbal methods that are consistent with the intended message;
      7. Interpreting and responding to the nonverbal communication of others; and
      8. Evaluating the effectiveness of his or her own communication and modifying communication accordingly;
   6. Adapting delivery of physical therapy care to reflect respect for, and sensitivity to, individual differences, including exhibiting sensitivity to differences in race, religion, color, gender, gender identity, age, national or ethnic origin, sexual orientation and disability or health status when:
      1. Communicating with others;
      2. Developing plans of care; and
      3. Implementing plans of care; and
   7. Educating patients, the families of patients, other caregivers, other staff at the care site or in the care setting, students and other health care providers, using relevant and effective teaching methods, including:
      1. Identifying and establishing priorities for educational needs;
      2. Designing education activities to address identified needs;
      3. Conducting educational activities using a variety of instructional strategies; and
      4. Evaluating one's own educational activities for effectiveness and modifying them accordingly.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 307.10 Skills To Be Determined for Conditional Licensees Who Are Physical Therapist Assistants

The supervisor of a conditional licensee who is a physical therapist assistant shall, in the course of supervision, determine whether and to what extent the conditional licensee has the following skills:

1. Treatment skills, including:
   1. Practicing in a manner that minimizes risk to the patient, to the physical therapist assistant and to others including, but not limited to:
      1. Observing universal precautions and any of the health and safety regulations of the worksite;
      2. Maintaining a safe working environment;
      3. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;
      4. Being aware of contraindications and precautions of treatment;
      5. Requesting assistance when necessary; and
      6. Using techniques designed for safety in the handling of patients;
   2. Applying the principles of logic and the scientific method to the practice of physical therapy, including:
      1. Presenting a cogent rationale for clinical decisions;
      2. Making clinical decisions within the context of the ethical practice set forth in Phy 500;
      3. Making clinical decisions in accordance with RSA 328-A:15, III., IV. and V.;
      4. Utilizing information from multiple data sources to make clinical decisions;
      5. Distinguishing practices based on traditional beliefs from practices that are scientifically based; and
      6. Using appropriate outcome measures in the delivery of ongoing patient care; and
   3. Performing physical therapy interventions in a competent manner, including:
      1. Performing effective, efficient and coordinated movements in providing technically competent interventions;
      2. Performing interventions consistent with the plan of care;
      3. Providing interventions in a manner minimizing risk to the physical therapist assistant and the patient; and
      4. Using intervention time efficiently and effectively;
2. Management skills, including:
   1. Producing documentation to support the delivery of physical therapy services, including:
      1. Selecting relevant information to document the delivery of care;
      2. Documenting all aspects of physical therapy care, including treatment(s), response to treatment(s), discharge planning, family conferences and communications with others involved in the delivery of care;
      3. Producing documentation that follows the guidelines and format required by the practice setting;
      4. Documenting patient care consistent with the board's rules and the requirements of third party payers; and
      5. Producing documentation that is accurate, concise, timely and legible;
   2. Participating in activities addressing quality of service delivery, including:
      1. Seeking information regarding the quality of care he or she renders;
      2. Following:
         1. The plan of care established by the physical therapist; and
         2. The protocols established by the prescribing physician, the practice setting and the employer; and
      3. Participating in quality assurance activities, peer reviews and review of utilization of services;
   3. Addressing any needs of the patient for services other than physical therapy, including:
      1. Assisting the physical therapist in determining the needs of, and available resources for, the patient;
      2. Assisting the physical therapist in recommending any referral(s) based on the expertise and effectiveness of the provider(s);
      3. Advocating for appropriate patient services and resources; and
      4. Assisting patients in accessing resources;
   4. Managing time, space and equipment to achieve the goals of the practice site or practice setting, including:
      1. Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;
      2. Using time effectively;
      3. Adhering to reimbursement guidelines established by payers for physical therapy services; and
      4. The scheduling of patients, equipment and space; and
   5. Using the assistance of physical therapy aides in accordance with Phy 409.04; and
3. Professional interaction skills, including:
   1. Presenting oneself in a professional manner, including:
      1. Accepting responsibility for one's own actions;
      2. Being punctual and dependable;
      3. Completing scheduled assignments in a timely manner;
      4. Wearing attire consistent with the expectations of the practice site or setting;
      5. Abiding by policies and procedures of the practice site or setting; and
      6. Adapting to changes in schedule, patient population, treatment location and other changes similarly not within the control of the conditional licensee;
   2. Behaving professionally in interactions with others, including:
      1. Maintaining productive working relationships with patients, the families of patients and others;
      2. Contributing to a positive work environment by treating others with positive regard, dignity, respect and compassion;
      3. Accepting criticism without defensiveness;
      4. Managing conflict in positive ways; and
      5. Maintaining patients' privacy and modesty;
   3. Adhering to ethical practice, including:
      1. Complying with Phy 500;
      2. Identifying situations in which ethical questions are present; and
      3. Reporting to the employer and the board violations of ethical practice;
   4. Adhering to legal practice standards, including:
      1. Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F and the rules of the board; and
      2. Identifying situations in which legal questions are present;
   5. Communicating in ways that are congruent with situational needs, including:
      1. Communicating verbally and nonverbally in a professional and timely manner;
      2. Initiating communication in difficult situations;
      3. Selecting the most appropriate person(s) with whom to communicate;
      4. Listening actively and attentively to understand what is being communicated by others;
      5. Using professionally and technically correct language;
      6. Communicating using nonverbal methods that are consistent with the intended message;
      7. Interpreting and responding to the nonverbal communication of others; and
      8. Evaluating the effectiveness of his or her own communication and modifying communication accordingly;
   6. Adapting delivery of physical therapy care to reflect respect for, and sensitivity to, individual differences, including exhibiting sensitivity to differences in race, religion, color, gender, gender identity, age, national or ethnic origin, sexual orientation and disability or health status when:
      1. Communicating with others; and
      2. Implementing plans of care; and
   7. Educating patients, the families of patients, other caregivers, other staff at the care site or in the care setting, students and other health care providers, using relevant and effective teaching methods, including:
      1. Identifying and establishing priorities for educational needs;
      2. Designing education activities to address identified needs;
      3. Conducting educational activities using a variety of instructional strategies; and
      4. Evaluating one's own educational activities for effectiveness and modifying them accordingly.

Source. #9233, eff 8-22-2008; ss by #10933, eff 9-18-2015; ss by #12864, eff 9-10-2019

Phy 307.11 Issuance of Full Licenses to Conditional Licensees

The board shall issue full licenses to conditional licensees who have:

1. Completed the supervised practice set forth in Phy 307.03; and
2. Established readiness to practice with full licensure through the submission to the board of the post-supervision attestation letter described in Phy 307.05.

Source. #12864, eff 9-10-2019

PART Phy 308 PHYSICAL THERAPY COMPACT

Phy 308.01 Physical Therapy Compact

The board shall comply with all rules of the Physical Therapy Compact Commission, which includes the "Physical Therapy Compact Commission Rules", effective June 5, 2018 and available as noted in Appendix II.

Source. #12696, eff 12-27-2018

PART Phy 309 TEMPORARY LICENSES

Phy 309.01 The Nature of Temporary Licenses

1. Temporary licenses shall:
   1. Be available only to individuals currently licensed as a physical therapist or a physical therapist assistant and in good standing in either Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont who has applied for full licensure or certification from the board; and 
   2. Remain valid for no more than 120 days.
2. An individual holding a temporary license shall not be eligible to join the Physical Therapy Compact until he or she is issued a full unrestricted license.

Source. #12864, eff 9-10-2019

Phy 309.02 Restriction on Temporary Licenses

1. If an applicant has previously received a temporary license from the board, the applicant is ineligible for a second temporary license.

Source. #12864, eff 9-10-2019

Phy 309.03 Basic Eligibility Requirements for Temporary Licenses

1. Applicants for temporary licensure as physical therapists or physical therapist assistants shall:
   1. Have submitted a completed application form for full licensure, pursuant to Phy 304.01 and pad the application fee pursuant to Ahp 301.02;
   2. Pay a temporary license fee of $100;
   3. Hold an unencumbered license from one or more of the states listed in Phy 309.01(a), as evidenced by a letter of good standing sent by that state;
   4. Have committed no acts or omissions which are grounds for disciplinary action in another jurisdiction, or, if such acts have been committed, would be grounds for disciplinary action; and
   5. Complete and submit Form "Application for Initial Temporary Licensure and Certification," as adopted on 1/15/2019, as set forth in Ahp 601.04.
2. Applicants shall place their notarized signature, printed full name, and date of siging on an attestation on the form below the following preprinted statement:

"By signing this application before the Notary Public/Justice of the Peace I attest to the following:

I acknowledge that knowingly making a false statement on this application form is a misdemeanor under RSA 641:2, I. I certify that the information I have provided on all parts of the application form and in the documents that I have personally submitted to support my application is complete and accurate to the best of my knowledge and belief.

I also certify that I have read the statute and the rules of the Board and promise that, if I am licensed, I will abide by them. Based on the statute and rules governing the profession for which I am applying I have not committed any acts that would be grounds for disciplinary action in this or any other State.

If I am given a "Temporary License" to practice in the State of New Hampshire I attest to the fact that I am eligible for full licensure meeting all requirements set forth in the Board's Administrative rules including any active in the profession requirements."

c. The effect of the applicant's notarized signature on the form shall be:

1. The applicant's acknowledgement that knowingly making a false statement on the application form is a misdemeanor under RSA 64:2, I;
2. The applicant's certification that:
   1. The information provided on all the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant's knowledge and belief; and
   2. The applicant has read the statutes and administrative rules of the board; and
3. The applicant's promise to abide by the statutes and administrative rules of the board.

Source. #12864, eff 9-10-2019

Phy 309.04 Issuance and Expiration of Temporary Licenses

1. The board shall issue temporary licenses to applicants who meet the basic eligibility requirements of Phy 309.03.
2. Temporary licenses shall expire either at the conclusion of 120 days after issuance or after the board takes action on the applicant's application for full licensure or certification, whichever occurs sooner.

Source. #1864, eff 9-10-2019

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CHAPTER Phy 400 CONTINUED STATUS

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PART Phy 401 DEFINITIONS

Phy 401.01 "Active in the profession" means having engaged in physical therapy:

1. As:
   1. A licensed physical therapist or physical therapist assistant providing physical therapy interventions in a clinical setting;
   2. A physical therapy educator;
   3. A physical therapy administrator;
   4. A physical therapy consultant;
   5. A student enrolled full time in an advanced physical therapy degree program; or
   6. A physical therapy researcher; and
2. At the rate of 200 hours during the 24 months immediately preceding the completed application.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 401.02 "American Board of Physical Therapy Residency & Fellowship Education (ABPTRFE)" means the entity that sets the standards by which clinical residency and clinical fellowship programs are conducted.

Source. #9456, eff 4-17-2009; ss by #10061, eff 12-23-2011; ss by #13825, eff 2-17-2024

Phy 401.03 "Clinical fellowship" means a planned program of post professional clinical and didactic education:

1. For physical therapists who demonstrate clinical expertise, prior to commencing the program, in a learning experience in an area of clinical practice related to the practice focus of the fellowship; and
2. In which a fellowship program is designed to provide greater depth in a specialty or subspecialty area than that which is covered in a residency program

Source. #9456, eff 4-17-2009; ss by #10061, eff 12-23-2011; ss by #13825, eff 2-17-2024

Phy 401.04 "Clinical residency" means a planned program of post professional clinical and didactic education for physical therapists that:

1. Advances the physical therapist resident's preparation as a provider of patient care services in a defined area of clinical practice; and
2. Advances a resident's expertise in examination, evaluation, diagnosis, prognosis, intervention, and management of patients in a defined area of clinical practice, a specialty.

Source. #10061, eff 12-23-2011; ss by #13825, eff 2-17-2024

Phy 401.05 "Contact hour" means a unit of continuing professional education equal to one tenth of a continuing education unit when continuing education is reported in terms of continuing education units.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.02); ss by #12088, eff 1-20-2017

Phy 401.06 "Continuing education unit (CEU)" means a measure of continuing education sometimes used to report continuing education achieved.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.03); ss by #12088, eff 1-20-2017

Phy 401.07 "Continuing professional education or professional activity" means structured courses, activities and experiences beyond entry-level professional preparation that are designed to maintain knowledge of advancements and enhancements in the field of physical therapy.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.04); ss by #12088, eff 1-20-2017

Phy 401.08 "Direct personal supervision" means supervision during which the supervisor is physically present in the room and observes, directs and supervises tasks related to client management continuously throughout the time that the tasks are performed.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.05); ss by #12088, eff 1-20-2017

Phy 401.09 "Direct supervision" means "direct supervision" as defined in RSA 328-A:2, IV, namely, "that the physical therapist is physically present and immediately available for direction and supervision."

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.06); ss by #12088, eff 1-20-2017

Phy 401.10 "Distance-learning" means electronic participation in continuing professional education or activity so long as the participation can be documented in accordance with Phy 406.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.07); ss by #12088, eff 1-20-2017

Phy 401.11 "Federation of State Boards of Physical Therapy (FSBPT)" means the entity that develops the national examination for physical therapists and physical therapist assistants.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.08); ss by #12088, eff 1-20-2017

Phy 401.12 "General supervision" means "general supervision" as defined in RSA 328-A:2, V, namely, "that the physical therapist is not required to be on-site for direction and supervision, but must be available at least by telecommunications."

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.09); ss by #12088, eff 1-20-2017

Phy 401.13 "Maintenance of continuing competence" means using a dynamic multidimensional process to develop and maintain for the purpose of performing professional responsibilities the following abilities:

1. Knowledge in the field of physical therapy;
2. Physical therapy performance skills;
3. Interpersonal abilities;
4. Critical reasoning; and
5. Ethical reasoning.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.10); ss by #12088, eff 1-20-2017

Phy 401.14 "Practice of physical therapy" means "practice of physical therapy" as defined in RSA 328-A:2, XI, namely,

1. Testing, examining and evaluating impairments, movement dysfunctions, and disabilities or other health and movement-related conditions in order to determine a diagnosis, prognosis, and plan of intervention, and to assess the outcomes of intervention.
2. Alleviating impairments, movement dysfunctions, and disabilities by designing and implementing, and modifying interventions that include, but are not limited to therapeutic exercise; training related to movement dysfunctions in self care and in home, community or work integration or reintegration; manual therapy including soft tissue and joint mobilization; therapeutic massage; assistive and adaptive orthotic, prosthetic, protective and supportive devices and equipment related to movement dysfunctions; airway clearance techniques; integumentary protection and repair techniques; debridement and wound care; physical agents or modalities; mechanical and electrotherapeutic modalities; and patient-related instruction.
3. Reducing the risk of injury, impairment, movement dysfunctions and disability, including the promotion and maintenance of health, wellness, and fitness in populations of all ages.
4. Engaging in administration, consultation, education and research.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.11); ss by #12088, eff 1-20-2017

Phy 401.15 "Physical therapy aide" means "Physical therapy aide" as defined in RSA 328-A:2, X, namely, "a support person trained under the direction of a physical therapist who performs designated and supervised routine tasks related to physical therapy."

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.13); ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 401.16 "Renewal year" means 2 years from the date the license was issued.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.14); ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 401.17 "Sexual misconduct" means engaging in one or more of the following activities with respect to a client:

1. Engaging in or soliciting a sexual relationship with a client, whether consensual or non-consensual, while the physical therapist-client or physical therapist assistant-client relationship exists;
2. Making sexual advances, requesting sexual favors or engaging in other verbal conduct or physical contact of a sexual nature with a client; or
3. Intentionally viewing a completely or partially disrobed client in the course of treatment if the viewing is not related to client diagnosis or treatment.

Source. #9456, eff 4-17-2009; renumbered by #10061 (from Phy 401.15); ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

PART Phy 402 PROCEDURES FOR RENEWING A LICENSE

Phy 402.01 License Renewal Procedure

1. (a) A licensee wishing to renew their current license shall:
   1. Submit the completed "Universal Application for License Renewal" described in Plc 308.06;
   2. Submit the completed "Addednum to the Universal Renewal Applicaiton Form described in Plc 308.06" requiring a list of continuing education obtained for the current renewal puproses including:
      1. Beginning and ending dates;
      2. Course or professional activity title;
      3. Name of sponsor or provider;
      4. Number of clinical hours;
      5. Number of other hours;
      6. The rule number that allows for the continuing education being claimed; and
      7. The total number of hours obtained.
   3. Complete 24 contact hours of continuing competence requirements as described in Phy 406.01; and
   4. Take and pass the New Hampshire jurisprudence assessment module as described in Phy 402.03 in the year ending in “0” or “5”.
2. Sign and date the application described in Phy 402.01(a)(1) as described in Plc 308.09 through Plc 308.12.
3. Renewal applicants shall follow the renewal procedures set forth in Plc 308.09 through Plc 308.12.
4. Renewal applicants whose licenses have lapsed shall not practice physical therapy until their licenses have been reinstated by the office of professional licensure and certification (OPLC).

Source. #9456, eff 4-17-2009; ss by #10402, eff 8-23-2013; ss by #10725, eff 11-22-2014; ss by #13825, eff 2-17-2024

Phy 402.02 License Renewal Application Packet

Applicants for license renewal shall submit each of the following components of the application packet to the OPLC:

1. The completed renewal application forms described in Phy 402.01(a)(1) and (2);
2. The documents described in Phy 402.04; and
3. The fee specified by Plc 1002.39 for renewal.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 402.03 New Hampshire Jurisprudence Assessment Module

Each individual licensed as a physical therapist or physical therapist assistant shall take and pass a New Hampshire jurisprudence assessment module as described below:

1. The New Hampshire jurisprudence assessment module shall be taken each April, May, or June of years ending in “0” and “5”;
2. Each individual licensed as a physical therapist shall be examined on the contents of RSA 328-A Physical Therapy Practice Act, Phy 100 through 500, and the APTA Code of Ethics for the Physical Therapist;
3. Each individual licensed as a physical therapist assistant shall be examined on the contents of RSA 328-A Physical Therapy Practice Act, Phy 100 through 500, and the American Physical Therapy Association (APTA) Standards of Ethical Conduct for the Physical Therapist Assistant;
4. The New Hampshire jurisprudence assessment module shall be developed and administered by the Federation of State Boards of Physical Therapy (FSBPT) and the results sent directly to the OPLC;
5. The New Hampshire jurisprudence assessment module shall be open book and available on a secure web site;
6. The New Hampshire jurisprudence assessment module shall be taken individually without consulting others; and
7. An individual shall achieve a passing score of at least 80 percent.

Source. #10725, eff 11-22-2014; ss by #13825, eff 2-17-2024

Phy 402.04 Required Documents

Applicants for renewal of their licenses shall submit, or arrange for the OPLC to receive, the following materials:

1. A detailed report of the relevant circumstances if any of the answers to questions from the application form specified in Plc 308.06(e) are in the affirmative;
2. A completed "Physical Therapist and Physical Therapist Assistant Work History Form" requiring the following information for each company or organization worked at:
   1. Applicant's name;
   2. Date of completion;
   3. Name of company or organization;
   4. Company or organization address;
   5. Company or organization phone number;
   6. Supervisor's name;
   7. Employement beginning date;
   8. Employment ending date;
   9. Number of hours worked per week; and
   10. Any comments the licensees deems relevant to the work history; and
3. The passing scores on the most recently required New Hampshire jurisprudence assessment module as described in Phy 402.03.

Source. #9456, eff 4-17-2009; ss by #10725, eff 11-22-2014 (from Phy 402.06); ss by #13825, eff 2-17-2024

Phy 402.05 The Renewal Application Processing Procedures

1. If the OPLC, after receiving and reviewing a completed license renewal application packet requires further information or documents to determine the renewal applicant's eligibility for a fully renewed license or a conditionally renewed license, the OPLC shall:
   1. So notify the applicant in writing within 30 days; and
   2. Specify the information or documents it requires.
2. An application for license renewal shall be considered to be completed when the OPLC has received:
   1. The completed application packet; and
   2. Any additional information or documents which may have been requested pursuant to (a) above.
3. Within 60 days of the date that the renewal application is completed, the OPLC shall issue written approval of, or intent to deny, the application.
4. A renewal applicant wishing to challenge the OPLC intent to deny the application for license renewal shall:
   1. Make a written request for a hearing of the applicant's challenge; and
   2. Submit this request to the OPLC:
      1. Within 60 days of the OPLC's notification of intent to deny; or
      2. If the applicant is on active military duty outside the United States, within 60 days of the applicant’s return to the United States or release from active duty, whichever occurs later.

Source. #9456, eff 4-17-2009; renumbered by #10725 (from Phy 402.07); ss by #12088, eff 1-20-2017; ss by #13825, ef 2-17-2024

Phy 402.06 Non-Completion of Maintenance of Continuing Competence Reported on the Renewal Form

1. Renewal applicants who reported on their renewal application form that they anticipated completing continuing professional education before their licenses lapses and did not complete the professional education shall:
   1. Report the cancelation to the OPLC no later than 15 days from the date of the cancelation;
   2. Give a detailed written explanation of why the renewal applicant could not complete the continuing education as reported on the renewal form;
   3. If the opportunity to complete continuing professional education was prevented by cancellation, provide proof of the cancelation; and
   4. Provide an explanation of how the licensee plans to meet the continuing education requirement.

Source. #10402, eff 8-12-2013; renumbered by #10725 (from Phy 402.08); ss by #13825, eff 2-17-2024

Phy 402.07 Non-Completion of the Requirement to Take and Pass the New Hampshire Jurisprudence Assessment Module Described in Phy 402.03

1. The licensees who failed to take or did not pass the New Hampshire jurisprudence assessment module described in Phy 402.03 in the months of April, May, or June or in a year ending in “0” or “5” shall:
   1. Notify the OPLC within 30 days; and
   2. Submit a written request to the OPLC to take the exam in a future month, which shall:
      1. Be dated and signed by the licensee;
      2. Contain a detailed explanation of why the licensee failed to take or did not pass the examination as described in Phy 402.03; and
      3. Give a detailed plan of how the licensee shall insure the taking and passing of the New Hampshire jurisprudence assessment module during the time period described in the Phy 402.03 in the future.
2. Upon receipt of the request, described in (a)(2) above, the OPLC shall within 60 days:
   1. Issue a letter granting the licensees request; or
   2. Grant the licensees request and issue a letter explaining the boards concerns that the licensee did not comply with Phy 402.03; or
   3. Issue a notice of hearing based on Phy 405.01.
3. The licensee's failure to take or pass the New Hampshire jurisprudence assessment module described in Phy 402.03 before their license is due to expire and who failed to comply with (a)(1) above, shall result in issuance of a notice of hearing.

Source. #10725, eff 11-22-2014; ss by #13825, eff 2-17-2024

Phy 402.08 Audit Procedure

1. On a random basis 10% of the renewal applications submitted in each renewal year shall be selected for an audit of completion of the maintenance of continuing competence required by Phy 406.01.
2. If the board selects the licensee for an audit, the OPLC shall notify the licensee within 30 days of their license is renewed.
3. Audited renewal applicants who reported on the renewal application form that they completed maintenance of continuing competence before their license expired shall:
   1. Submit a completed "Continuing Education Audit Form" requiring the following information for each course or activity completed:
      1. Type of license held by the licensee;
      2. Name of licensee;
      3. License number;
      4. Date form completed;
      5. Address of the licensee;
      6. Name of course or activity;
      7. Beginning and ending date of course or activity;
      8. Name of course or activity sponsor;
      9. Number of clinical contact hours;
      10. Number of non-clinical hours;
      11. Type of activity;
      12. Total number of clinical hours;
      13. Total number of non-clinical contact hours; and
      14. Total number of clinical and non-clinical contact hours;
   2. Submit, with the "Continuing Education Audit Form", proof in the form of the documentation described in Phy 406; and
   3. Submit the materials in (1) and (2) above to OPLC within 30 days of the date on the letter provided on the letter notifying them they are being audited.
4. Failure to submit proof of continuing education shall be as follows:
   1. If the licensee being audited fails to submit documentation of completion of continuing education the board shall apply the following:
      1. If proof of continuing education is postmarked or hand delivered no more than 30 days after the deadline to submit the documents an administrative fine of $50.00 shall be imposed;
      2. If proof of continuing education is postmarked or hand delivered between 31 and 60 days after the deadline to submit the documents an administrative fine of $100.00 shall be imposed; or
      3. If proof of continuing education is not submitted as described in a. and b. above a notice of hearing shall be issued; and
   2. ?A licensee who has been assessed an administrative fine for failure to submit documentation of continuing education within the deadline described in Phy 402.08 (d)(1)a. and b. above and wishes to challege the fine the licensee shall:
      1. Make a written request for a hearing of the licensee's challenge; and?
      2. Submit this request to the OPLC:
         1. ?Within 30 days of the board's assessment of the administrative fine; or
         2. If the applicant is on active military duty outside the United States, within 60 days of the applicant's return to the United States or release from active duty, whichever occurs later.
5. The OPLC shall forward all the materials collected for the licensee to the boad. The board shall review the materials to determine if the licensee completed the maitenance of continuing education.
6. If the board determines that the documents submitted pursuant to (c)(2) above do not support the renewal applicant's claim of maintenance of continuing competence, the board shall review the possibility that the renewal applicant made an error on the renewal application form or in submitting documents.
7. In making the review called for by (e) above the board, through the OPLC, shall seek further information from the renewal applicant if doing so will aid in the review.
8. If, having completed the review required by (e) above, the board believes that the renewal applicant made an error in reporting or in submitting documents and did not intentionally falsely report maintenance of continuing competence, the board shall:
   1. Require correction of the error; or
   2. If the error cannot be corrected, shall be issued a notice of hearing.
9. If, having completed the review required by (f) above, the board believes that the renewal applicant has intentionally falsely reported maintenance of continuing competence, the board shall commence a disciplinary adjudicative proceeding in the manner required by Plc 200.

Source. #9456, eff 4-17-2009; ss by #10402, 8-23-2013 (from Phy 402.08); renumbered by #10725 (from Phy 402.09); ss by #13825, eff 2-17-2024

Phy 402.09 Full Renewal of Licensure

1. A fully renewed licenses shall be issued by the OPLC to applicants who meet the basic application requirements in (b) below.
2. The basic application requirements shall be:
   1. Maintenance of continuing competence as further described in Phy 406;
   2. Having not:
      1. Violated RSA 328-A;
      2. Violated RSA 328-F; or
      3. Demonstrated poor moral character as evidenced by:
         1. The answers to the questions in Plc 304.03(e); and
         2. Any related documents submitted pursuant to Phy 402.04(a) or (b); and
   3. Having timely submitted the completed renewal application packet;
   4. Have taken and passed the New Hampshire jurisprudence assessment module described in Phy 402.03.

Source. #9456, eff 4-17-2009; renumbered by #10402 (from Phy 402.09); renumbered by #10725 (from Phy 402.10); ss by #12088, eff 1-20-2017

Phy 402.10 Conditional Renewal of Licensure for Those Not Active in the Profession

1. A conditionally renewed licenses shall be issued by the OPLC instead of fully renewed licenses to applicants who:
   1. Submit the documents described in Phy 402.04; and
   2. Apply for renewal less than 5 years after issuance of the original license without being active in the profession as defined in Phy 401.01.
2. Conditionally renewed licenses shall:
   1. Remain valid for no more than 26 weeks unless their validity is extended pursuant to Phy 408.06 or Phy 408.07; and
   2. Limit the practice of a physical therapist or physical therapist assistant to the supervised practice described in Phy 408.03.
3. In the case of applicants who have not been active in the profession for more than 6 years immediately preceding their renewal applications, the OPLC shall issue conditionally renewed licenses only if the applicants:
   1. Submit the documents described in Phy 402.04; and
   2. Have retaken and passed the National Physical Therapy Examination for either physical therapists or physical therapist assistants.
4. Applicants who have retaken and passed the National Physical Therapy Examination for either physical therapists or physical therapist assistants in accordance with (b)(2)a. above shall demonstrate that they have done so by arranging to have the examination scores sent directly to the OPLC by the FSBPT.
5. Individuals holding conditionally renewed licenses shall comply with the rules set forth in Phy 408.

Source. #9456, eff 4-17-2009; renumbered by #10402 (from Phy 402.10); renumbered by #10725 (from Phy 402.11); ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

PART Phy 403 REINSTATEMENT OF LICENSES

Phy 403.01 Licenses Subject to Reinstatement

1. The following licenses shall be subject to reinstatement by the OPLC:
   1. Licenses suspended for disciplinary reasons as part of a settlement pursuant to Plc 200 or as part of an order of the board; and
   2. Licenses lapsed pursuant to Phy 402.01(d).
2. Reinstated licenses shall be:
   1. Fully reinstated, under the circumstances set forth in Phy 403.02, Phy 403.03, Phy 403.04; or
   2. Conditionally reinstated, under the circumstances set forth in Phy 403.05.

Source. #9431, eff 3-19-2009; ss by #10061, eff 12-23-2011; ss by #13825, eff 2-17-2024

Phy 403.02 Full Reinstatement of Licenses Suspended Pursuant to Disciplinary Rules

For licensees suspended for violations of disciplinary rules, the OPLC shall fully reinstate a license suspended for disciplinary reasons:

1. In accordance with the terms of the settlement agreement or the disciplinary order of the board, as applicable;
2. After receiving payment of the reinstatement fee set forth in Plc 1002.39; and
3. Submit transcripts as described in Phy 303.02(c).

Source. #9431, eff 3-19-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 403.03 Full Reinstatement of Licenses Lapsed For No More Than 90 Days

A fully reinstate licenses lapsed for no more than 90 days, shall be issued, if the applicants for reinstatement submit to the OPLC:

1. A completed, dated, signed "Universal Application for License Renewal" form described in Plc 308.06(b) and (d) through (g);
2. Proof in accordance with Phy 406 of having completed any requirement for maintenance of continuing competence left uncompleted at the time the license lapsed;
3. Payment of the reinstatement fee set forth in Plc 1002.39;
4. A completed "Physical Therapist and Physical Therapist Assistant Work History Form", revised 10/2023, provided by the OPLC;
5. A written statement that the reinstatement applicant has not engaged in physical therapy in New Hampshire on a volunteer or paid basis since the date that their license ceased to be valid;
6. The New Hampshire jurisprudence assessment module described in Phy 303.04; and
7. Submit transcripts as described in Phy 304.02(c) if not previously submitted.

Source. #9431, eff 3-19-2009; ss by #10061, eff 12-23-2011; ss by #10203, eff 10-109-2012; ss by #10402, eff 8-23-2013; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 403.04 Full Reinstatement of Certain Licenses Lapsed For More Than 90 Days

A fully reinstate licenses lapsed for more than 90 days shall be issued by the OPLC if:

1. The licenses:
   1. Have been lapsed for no more than 4 years; or
   2. Have been lapsed for over 4 years but the reinstatement applicants have been active in the profession as defined in Phy 401.01 for the just preceding 4 years;
2. The reinstatement applicants have not demonstrated poor moral character as evidenced by:
   1. The answers to the "yes-no" questions described in Plc 308.06(e);
   2. Any documents giving detailed reports of the relevant circumstances related to answers to such starred questions;
   3. Any criminal offender record reports received by the OPLC in compliance with Phy 403.06(d); and
   4. Any verifications received by the OPLC in compliance with Phy 403.06(e);
3. The reinstatement applicants have paid the reinstatement fee set forth in Plc 1002.39;
4. The reinstatement applicants have submitted:
   1. A completed dated and signed "Universal Application Form" and "Addendum to the Universal Renewal Application Form described in Plc 308.06" as described in Phy 402.01(a)(1) and (2);
   2. The supporting materials described in Phy 403.06; and
   3. Submit transcripts as described in Phy 304.02(c); and
5. The reinstatement applicant has taken and passed the New Hampshire jurisprudence assessment module as described in Phy 402.03.

Source. #9431, eff 3-19-2009; ss by #9869, eff 2-18-2011; ss by #10402, eff 8-23-2013; ss by #13825, eff 2-17-2024

Phy 403.05 Conditional Reinstatement of Lapsed Licenses When Not Active in the Profession

1. The OPLC shall conditionally, rather than fully, reinstate licenses when they have not been active in the profession as defined in Phy 401.01 for the just preceding 4 years if the applicants:
   1. Have not demonstrated poor moral character as evidenced by:
      1. The answers to the questions described in Plc 308.06(e);
      2. Any documents giving detailed reports of the relevant circumstances related to answers to such starred questions;
      3. Any criminal offender record reports received by the OPLC in compliance with Phy 403.06(d); and
      4. Any verifications received by the OPLC in compliance with Phy 406.08(e);
   2. Have paid the reinstatement fee set forth in Plc 1002.39; and
   3. Have submitted:
      1. A completed dated and signed reinstatement application form as further described in Phy 402.01(a)(1) and (2); and
      2. The supporting materials described in Phy 403.06.
2. In the case of applicants who have not been active in the profession for as long as 6 or more years preceding their reinstatement applications, the OPLC shall issue conditionally reinstated licenses only if the applicants have retaken and passed the National Physical Therapy Examination for either physical therapists or for physical therapist assistants.

Source. #9431, eff 3-19-2009; ss by #10402, eff 8-23-2013; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 403.06 Supporting Materials

The materials supporting the reinstatement application shall be:

1. A detailed report of the relevant circumstances if any of the answers to the "yes-no" questions described in Phy 308.06(e) are in the affirmative;
2. A completed work history form; described in Phy 402.04(b), provided by the OPLC;
3. An original, not a photocopy, of a criminal offender record report:
   1. Issued by each state where the applicant has resided or been licensed within the past 6 years, providing that such state will:
      1. Send the report to the OPLC; or
      2. To the applicant for forwarding to the OPLC;
   2. Covering the applicant under their name and any aliases; and
   3. Dated within the 6 months preceding the application for licensure;
4. Unless the information sought is available only on a website, an official letter of verification sent directly to the OPLC from every state which has issued the applicant a license or other authorization to practice physical therapy since the lapse of the New Hampshire license, stating:
   1. Whether the license or other authorization is or was, during its period of validity, in good standing; and
   2. Whether any disciplinary action was taken against the license or other authorization to practice;
5. A written statement that the reinstatement applicant has not engaged in physical therapy in New Hampshire on a volunteer or paid basis since the date that his or her license ceased to be valid;
6. If applicable to the reinstatement applicant, proof in accordance with Phy 406 of having completed 24 contact hours of continuing education earned within the immediately preceding 2 years of submission of a completed application;
7. If the reinstatement applicant re-took and passed the National Physical Therapy Examination for either physical therapists or for physical therapist assistants in order to meet the requirement in Phy 403.06(b), the applicant's examination scores sent directly to the OPLC by FSBPT;
8. If the reinstatement applicant is eligible for conditional reinstatement, the applicant and the applicant's supervisor shall complete the "Supervision Form" requiring the following information:
   1. The following is to be completed by the person being supervised:
      1. Name of person to be supervised;
      2. State the purpose of the supervision;
      3. Check the box if the supervision is of an assistant;
      4. License number of applicant to be supervised;
      5. Place of employment name;
      6. Place of employment address, including street number of P.O. box number, city, state, and zip code; and
      7. Place of employment phone number;
   2. The following to be completed by the supervisor:
      1. Name of supervisor;
      2. Profession of supervisor;
      3. License number and state of licensure of the supervisor;
      4. Place of employment name;
      5. Place of employment address, including street number or P.O. box number, city state, and zip code;
      6. Place of employment phone number;
      7. The site of supervision which is the actual location where the supervision is to take place, including the site name and location;
      8. Site of supervision phone number;
      9. Date the supervision is to start and date supervision ended; and
      10. The supervisors signature and date of singing under the following attestation:

"By signing this form, I state that I have read and understood the applicable rules of supervision or order of the Board for supervision, agree to undertake the duties of supervision set forth in the rules or order of the Board, agree to be responsible for the acts and omissions of any person to whom I delegate the duties of supervision, and acknowledge that my own or my delegate's failure to comply with the rules or order of the Board might result in disciplinary sanctions."

9. The completed New Hampshire jurisprudence assessment module provided to the applicant by the FSBPT; and
10. Transcripts as described by Phy 304.02(c) if not previously submitted.

Source. #9431, eff 3-19-2009; ss by #9653, eff 2-5-2010; ss by #9869, eff 2-18-2011; ss by #10203, eff 10-109-2012; ss by #10402, eff 8-23-2013; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

PART Phy 404 CONDITIONALLY REINSTATED LICENSES

Phy 404.01 The Nature of Conditionally Reinstated Licenses

Conditionally reinstated licenses shall:

1. Remain valid for no more than 26 weeks unless their validity is extended pursuant to Phy 404.08 or Phy 404.09; and
2. Limit the practice of a physical therapist or physical therapist assistant to the supervised practice described in Phy 404.04.

Source. #9431, eff 3-19-2009; ss by #12088 eff 1-20-2017

Phy 404.02 Issuance of Fully Reinstated Licenses to Conditionally Reinstated Licensees

A fully reinstated license shall be issued by the OPLC to physical therapists and physical therapist assistants holding conditionally reinstated licenses when they have:

1. Completed the supervised practice described in Phy 404.04; and
2. Established readiness to practice under fully reinstated licensure through the submission to the OPLC of the supervisory approval letter described in Phy 404.06.

Source. #9431, eff 3-19-2009; ss by #10061, eff 12-23-2011; ss by #13825, eff 2-17-2024

Phy 404.03 Supervisors

1. The practice of a licensee holding a conditionally reinstated license shall be supervised by at least one physical therapist currently licensed in New Hampshire who:
   1. Has been practicing clinically for a period of at least one year;
   2. Is a non-probationary employee not under disciplinary investigation or pending disciplinary charges and has not had disciplinary action taken against him or her in any state within the past 5 years;
   3. Is located in the facility where supervision is to take place; and
   4. Is not related in any of the following ways to the conditionally reinstated licensee to be supervised:
      1. Spouse, civil union partner, or significant other;
      2. Parent, step-parent, parent-in-law, or step-parent-in-law;
      3. Natural, foster or adopted child, or stepchild; or
      4. Sibling, brother-in-law, or sister-in-law.
2. A physical therapist supervising a conditionally reinstated licensee shall delegate supervisory duties only:
   1. To a physical therapist assistant meeting the standards in (a) above.
   2. To a physical therapist authorized to practice in New Hampshire or a physical therapist assistant authorized to practice in New Hampshire who meets the standards in (a)(1) through (a)(3) above; and
   3. When the physical therapist believes based on knowledge about the delegate that the delegate is competent to carry out the duties being delegated.
3. If, as a result of the sharing or the delegation of supervisory duties, there is more than one individual supervising a conditionally reinstated licensee at any one time:
   1. A single physical therapist shall bear responsibility for compliance with Phy 404; and
   2. Complete and sign the supervision form described in Phy 403.06(h).
4. The physical therapist most recenlty supervising the conditionally reinstated licensee shall sign the supervisory approval letter described in Phy 404.06..

Source. #9431, eff 3-19-2009; ss by #10402, eff 8-23-2013; ss by #13825, eff 2-17-2024

Phy 404.04 Supervised Practice

1. Licensees holding conditionally reinstated licenses shall practice under supervision as described in Phy 404.04 for a total of 320 hours.
2. The levels of supervision shall be:
   1. For those who have not been active in the profession for less than 4 years all 320 hours shall be:
      1. Direct personal supervision, as defined in Phy 401.08, for at least 30% of the hours worked each week;
      2. Direct supervision, as defined in Phy 401.09, for at least 30% of the hours worked each week; and
      3. General supervision, as defined in Phy 401.12, for no more than 40% of the hours worked each week; and
   2. For those who have not been active in the profession for 4 to 6 years:
      1. The first 200 hours shall be:
         1. Direct personal supervision, as defined in Phy 401.08, for at least 50% of the hours worked each week;
         2. Direct supervision, as defined in Phy 401.09, for at least 40% of the hours worked each week; and
         3. General supervision, as defined in Phy 401.12, for no more than 10% of the hours worked each week; and
      2. The 120 hours immediately following the first 200 hours described in a. above shall be:
         1. Direct personal supervision, as defined in Phy 401.08, for at least 30% of the hours worked each week;
         2. Direct supervision, as defined in Phy 401.09, for at least 30% of the hours worked each week, and
         3. General supervision, as defined in Phy 401.12, for no more than 40% of the hours worked each week; and
   3. For those who have not been active in the profession for more than 6 years:
      1. The first 200 hours shall be:
         1. Direct personal supervision, as defined in Phy 401.08, for at least 70% of the hours worked each week;
         2. Direct supervision, as defined in Phy 401.09, for at least 20% of the hours worked each week; and
         3. General supervision, as defined in Phy 401.12, for no more than 10% of the hours worked each week.
      2. The 120 hours immediately following the first 200 hours described in a. above shall be:
         1. Direct personal supervision, as defined in Phy 401.08, for at least 30% of the hours worked each week;
         2. Direct supervision, as defined in Phy 401.09, for at least 30% of the hours worked each week, and
         3. General supervision, as defined in Phy 401.12, for no more than 40% of the hours worked each week.

Source. #9431, eff 3-19-2009; ss by #10402, eff 8-23-2013; ss by #12088 eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 404.05 Administrative and Ethical Obligations of Licensees Holding Conditionally Reinstated Licenses

1. The administrative obligations of licensees holding conditionally reinstated licenses shall be as follows:
   1. Before the beginning of supervision by the individual who will provide some or all of the weeks of supervision, licensees holding conditionally reinstated licenses shall:
      1. Give to these individuals a copy of Phy 404 and the supervision form described in Phy 403.06(h);
      2. Discuss the required supervision with them; and
      3. Submit the completed supervision form described in Phy 403.06(h) to the OPLC; and
   2. When the supervisor is replace by another individual, licensees holding conditionally reinstated licenses shall:
      1. Notify the OPLC of that fact; and
      2. Take the actions required by (1) above.
2. The ethical standards to be met by licensees holding conditionally reinstated licenses shall be those set forth in Phy 500.

Source. #9431, eff 3-19-2009; ss by #12088 eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 404.06 Supervisory Approval Letter

1. For a physical therapist holding a conditionally reinstated license, the letter indicating supervisory approval shall:
   1. Be dated and signed by the individual who is the physical therapist's most recent supervisor;
   2. Be based on the determinations by the supervisor required by Phy 404.10;
   3. Make a statement that the physical therapist is ready to practice under full licensure because the supervisor has determined that the she or he has the following requisite skills detailed in Phy 404.10:
      1. Evaluation skills;
      2. Treatment skills;
      3. Management skills; and
      4. Professional interaction skills;
   4. State the number of hours of direct personal supervision;
   5. State the number of hours of direct supervision hours; and
   6. State the number of general supervision hours.
2. For a physical therapist assistant holding a conditionally reinstated license, the letter indicating supervisory approval shall:
   1. Be dated and signed by the individual who is the physical therapist assistant's most recent supervisor;
   2. Be based on the determinations by the supervisor required by Phy 404.11; and
   3. Make a statement that the physical therapist assistant is ready to practice under full licensure because the supervisor has determined that the physical therapist assistant has the following requisite skills detailed in Phy 404.11:
      1. Assessment skills;
      2. Treatment skills;
      3. Management skills; and
      4. Professional interaction skills.
   4. State the number of hours of direct personal supervision;
   5. State the number of hours of direct supervision hours; and
   6. State the number of general supervision hours.

Source. #9431, eff 3-19-2009; ss by #10402, eff 8-23-2013; ss by #13825, eff 2-17-2024

Phy 404.07 Extension of Conditionally Reinstated License When Supervised Practice is Incomplete or Supervisory Approval Letter is Unavailable

The OPLC shall extend a conditionally reinstated license for an additional period of no more than 26 weeks when:

1. The conditionally reinstated license is still valid;
2. The licensee holding the conditionally reinstated license:
   1. Is unable to complete the required supervised practice because of loss of employment for any reason other than being terminated for cause or terminated during probationary employment because of incompetence; or
   2. Is unable to submit the required supervisory approval letter for a reason unrelated to the supervisor’s belief that he or she is not ready to practice under full licensure; and
3. The holder of the conditionally reinstated license submits to the OPLC a written request for the extension explaining the details of one of the reasons in (b) above.

Source. #9431, eff 3-19-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 404.08 Extension of a Conditionally Reinstated License in Accordance with Supervisor’s Request

The OPLC shall extend the period of validity of a conditionally reinstated license for the period of time, not to exceed 6 weeks, specified by the supervisor:

1. During the period of validity of the conditionally reinstated license; and
2. When the holder of the conditionally reinstated license submits the supervisor’s signed statement of opinion that the he or she will become ready to practice under full licensure if the conditionally reinstated license is extended for a specified period of time, not to exceed 6 weeks.

Source. #9431, eff 3-19-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 404.09 Expiration, Denial and Suspension of Conditionally Reinstated Licenses

1. A conditionally reinstated license shall expire upon the first of the following events:
   1. The date of its expiration; or
   2. The board's approval or denial of full renewal licensure.
2. The physical therapist or physical therapist assistant holding the conditionally reinstated license shall have the right to challenge the board’s denial of full renewal licensure through an adjudicative hearing.
3. The board shall suspend a conditionally reinstated license under the following circumstances:
   1. Practice by the physical therapist or physical therapist assistant holding the conditionally reinstated license without the required supervision;
   2. The license holder's termination from employment for cause; or
   3. The license holder's termination from employment for incompetence during a probationary period.
4. The board shall suspend a conditionally reinstated license pursuant to (c) above only after:
   1. Giving the license holder notice containing:
      1. A statement of the board’s intention to suspend the conditionally reinstated license;
      2. The grounds for the intended suspension;
      3. The date of the intended suspension; and
      4. A statement that the license holder has the right to request an adjudicative hearing to challenge the intended suspension; and
   2. Providing the license holder the opportunity to challenge the intended suspension at an adjudicative hearing.
5. The board shall suspend a conditionally reinstated license on an emergency basis in the circumstances, and according to the procedures, set forth in RSA 541-A:30, III.

Source. #9431, eff 3-19-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 404.10 Skills To Be Determined for Physical Therapists Holding Conditionally Reinstated Licenses

The supervisor of a physical therapist holding a conditionally reinstated license shall, in the course of supervision, determine whether and to what extent the physical therapist has the following skills:

1. Evaluation skills, including:
   1. Screening using procedures to determine the effectiveness of, and need for, physical therapy services, including:
      1. Identifying critical signs and symptoms that signal appropriateness for physical therapy examination;
      2. Selecting appropriate screening procedures;
      3. Conducting physical therapy screening in a technically competent manner;
      4. Interpreting screening findings; and
      5. Determining, based on the screening, the client's appropriateness for physical therapy or referral to other providers;
   2. Examination skills, including:
      1. Selection of reliable and valid physical therapy examination methods relevant to the client's complaint, the screening results and the client's history;
      2. Obtaining accurate information by performing the selected examination methods;
      3. Performing them while minimizing risk to the patient and to the conditional licensee; and
      4. Performing them in a technically competent manner; and
   3. Skills in using the clinical findings to determine physical therapy diagnoses and outcomes of care, including:
      1. Synthesizing the examination data to complete the physical therapy evaluation;
      2. Interpreting clinical findings to establish a physical therapy diagnosis;
      3. Explaining to the client the influence of pathological, abnormal physiological and pharmacological processes on the patient’s movement system;
      4. Using clinical findings and a medical or a physical therapy diagnosis to establish a physical therapy prognosis;
      5. Performing regular re-examinations of the client's status;
      6. Performing regular evaluations of the effectiveness of the client's treatment; and
      7. Evaluating changes in the client's status;
2. Treatment skills, including:
   1. Practicing in a manner that minimizes risk to the patient, to the physical therapist and to others including, but not limited to:
      1. Observing universal precautions and any health and safety regulations of the worksite;
      2. Maintaining a safe working environment;
      3. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;
      4. Being aware of contraindications and precautions of treatment;
      5. Requesting assistance when necessary; and
      6. Using techniques designed for safety in the handling of patients;
   2. Applying the principles of logic and the scientific method to the practice of physical therapy, including:
      1. Presenting a cogent rationale for clinical decisions;
      2. Making clinical decisions within the context of the ethical practice set forth in Phy 500;
      3. Making clinical decisions regarding therapy goals and the plan of care with the patient's informed consent and in accordance with RSA 328-A:15, III., IV. and V.;
      4. Utilizing information from multiple data sources to make clinical decisions;
      5. Distinguishing practices based on traditional beliefs from practices that are scientifically based; and
      6. Using appropriate outcome measures in the delivery and assessment of ongoing patient care;
   3. Designing a physical therapy plan of care:
      1. In collaboration with the patient;
      2. Consistent with the patient's examination and evaluation;
      3. Integrating goals, treatment, functional outcomes and a discharge plan;
      4. Specifying the expected time durations for the goals and functional outcomes;
      5. Adjusted in response to changes in the patient's status; and
      6. Establishing a plan for timely patient discharge; and
   4. Performing physical therapy interventions in a competent manner, including:
      1. Selecting interventions designed to achieve the desired outcomes;
      2. Performing effective, efficient and coordinated movements in providing technically competent interventions;
      3. Performing interventions consistent with the plan of care;
      4. Providing interventions in a manner minimizing risk to the physical therapist and the patient; and
      5. Using intervention time efficiently and effectively;
3. Management skills, including:
   1. Producing documentation to support the delivery of physical therapy services, including:
      1. Selecting relevant information to document the delivery of care;
      2. Documenting all aspects of physical therapy care, including screenings, examination, evaluation, plan of care, treatment(s), response to treatment(s), discharge planning, family conferences and communications with others involved in the delivery of care;
      3. Producing documentation that follows the guidelines and format required by the practice setting;
      4. Documenting patient care consistent with the board's rules and the requirements of third party payers; and
      5. Producing documentation that is accurate, concise, timely and legible;
   2. Participating in activities addressing quality of service delivery, including:
      1. Seeking information regarding the quality of care he or she renders;
      2. Following the protocols established by the prescribing physician, the practice setting and the employer; and
      3. Participating in quality assurance activities, peer reviews and review of utilization of services;
   3. Addressing any needs of the patient for services other than physical therapy, including:
      1. Determining the needs of, and available resources for, the patient;
      2. Recommending referral(s) based on the expertise and effectiveness of provider(s);
      3. Advocating for appropriate patient services and resources; and
      4. Assisting patients in accessing resources; and
   4. Managing time, space and equipment to achieve the goals of the practice site or practice setting, including:
      1. Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;
      2. Using time effectively;
      3. Adhering to reimbursement guidelines established by payers for physical therapy services; and
      4. The scheduling of patients, equipment, and space; and
4. Professional interaction skills, including:
   1. Presenting oneself in a professional manner, including:
      1. Accepting responsibility for one's own actions;
      2. Being punctual and dependable;
      3. Completing scheduled assignments in a timely manner;
      4. Wearing attire consistent with the expectations of the practice site or setting;
      5. Abiding by policies and procedures of the practice site or setting; and
      6. Adapting to changes in schedule, patient population, treatment location and other changes similarly not within the control of the holder of the conditionally renewed license;
   2. Behaving professionally in interactions with others, including:
      1. Maintaining productive working relationships with patients, the families of patients and others;
      2. Contributing to a positive work environment by treating others with positive regard, dignity, respect and compassion;
      3. Accepting criticism without defensiveness;
      4. Managing conflict in positive ways; and
      5. Maintaining patients' privacy and modesty;
   3. Adhering to ethical practice, including:
      1. Complying with Phy 500;
      2. Identifying situations in which ethical questions are present; and
      3. Reporting to the employer and the OPLC violations of ethical practice;
   4. Adhering to legal practice standards, including:
      1. Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F, and the rules of the board; and
      2. Identifying situations in which legal questions are present;
   5. Communicating in ways that are congruent with situational needs, including:
      1. Communicating verbally and nonverbally in a professional and timely manner;
      2. Initiating communication in difficult situations;
      3. Selecting the most appropriate person(s) with whom to communicate;
      4. Listening actively and attentively to understand what is being communicated by others;
      5. Using professionally and technically correct language;
      6. Communicating using nonverbal methods that are consistent with the intended message;
      7. Interpreting and responding to the nonverbal communication of others; and
      8. Evaluating the effectiveness of his or her own communication and modifying communication accordingly;
   6. Adapting delivery of physical therapy care to reflect respect for, and sensitivity to, individual differences, including exhibiting sensitivity to differences in race, creed, color, gender, age, national or ethnic origin, sexual orientation, and disability or health status when:
      1. Communicating with others;
      2. Developing plans of care; and
      3. Implementing plans of care; and
   7. Educating patients, the families of patients, other caregivers, other staff at the care site or in the care setting, students, and other health care providers, using relevant and effective teaching methods, including:
      1. Identifying and establishing priorities for educational needs;
      2. Designing education activities to address identified needs;
      3. Conducting educational activities using a variety of instructional strategies; and
      4. Evaluating one's own educational activities for effectiveness and modifying them accordingly.

Source. #9431, eff 3-19-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 404.11 Skills To Be Determined for Physical Therapist Assistants Holding Conditionally Reinstated Licenses

The supervisor of a physical therapist assistant holding a conditionally reinstated license shall, in the course of supervision, determine whether and to what extent the physical therapist assistant has the following skills:

1. Collaboration and communication with the supervisor;
2. Assessment skills, including:
   1. Performing regular re-assessments of the client's status;
   2. Performing regular assessments of the effectiveness of the client's treatment; and
   3. Assessing changes in the client's status;
3. Treatment skills, including:
   1. Practicing in a manner that minimizes risk to the patient, to the physical therapist assistant, and to others including, but not limited to:
      1. Observing universal precautions and any health and safety regulations of the worksite;
      2. Maintaining a safe working environment;
      3. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;
      4. Being aware of contraindications and precautions of treatment;
      5. Requesting assistance when necessary; and
      6. Using techniques designed for safety in the handling of patients;
   2. Applying the principles of logic and the scientific method to the practice of physical therapy, including:
      1. Presenting a cogent rationale for clinical decisions;
      2. Making clinical decisions within the context of the ethical practice set forth in Phy 500;
      3. Making clinical decisions in accordance with RSA 328-A:15, III., IV., and V.;
      4. Utilizing information from multiple data sources to make clinical decisions;
      5. Distinguishing practices based on traditional beliefs from practices that are scientifically based; and
      6. Using appropriate outcome measures in the delivery and assessment of ongoing patient care; and
   3. Performing physical therapy interventions in a competent manner, including:
      1. Performing effective, efficient, and coordinated movements in providing technically competent interventions;
      2. Performing interventions consistent with the plan of care;
      3. Providing interventions in a manner minimizing risk to the physical therapist assistant and the patient; and
      4. Using intervention time efficiently and effectively;
4. Management skills, including:
   1. Producing documentation to support the delivery of physical therapy services, including:
      1. Selecting relevant information to document the delivery of care;
      2. Documenting all aspects of physical therapy care, including treatment(s), response to treatment(s), discharge planning, family conferences, and communications with others involved in the delivery of care;
      3. Producing documentation that follows the guidelines and format required by the practice setting;
      4. Documenting patient care consistent with the board's rules and the requirements of third party payers; and
      5. Producing documentation that is accurate, concise, timely, and legible;
   2. Participating in activities addressing quality of service delivery, including:
      1. Seeking information regarding the quality of care he or she renders;
      2. Following:
         1. The plan of care established by the physical therapist; and
         2. The protocols established by the prescribing physician, the practice setting, and the employer; and
      3. Participating in quality assurance activities, peer reviews, and review of utilization of services;
   3. Addressing any needs of the patient for services other than physical therapy, including:
      1. Assisting the physical therapist in determining the needs of, and available resources for, the patient;
      2. Assisting the physical therapist in recommending referral(s) based on the expertise and effectiveness of provider(s);
      3. Advocating for appropriate patient services and resources; and
      4. Assisting patients in accessing resources; and
   4. Managing time, space, and equipment to achieve the goals of the practice site or practice setting, including:
      1. Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;
      2. Using time effectively;
      3. Adhering to reimbursement guidelines established by payers for physical therapy services; and
      4. The scheduling of patients, equipment, and space; and
5. Professional interaction skills, including:
   1. Presenting oneself in a professional manner, including:
      1. Accepting responsibility for one's own actions;
      2. Being punctual and dependable;
      3. Completing scheduled assignments in a timely manner;
      4. Wearing attire consistent with the expectations of the practice site or setting;
      5. Abiding by policies and procedures of the practice site or setting; and
      6. Adapting to changes in schedule, patient population, treatment location, and other changes similarly not within the control of the physical therapist assistant;
   2. Behaving professionally in interactions with others, including:
      1. Maintaining productive working relationships with patients, the families of patients, and others;
      2. Contributing to a positive work environment by treating others with positive regard, dignity, respect, and compassion;
      3. Accepting criticism without defensiveness;
      4. Managing conflict in positive ways; and
      5. Maintaining patients' privacy and modesty;
   3. Adhering to ethical practice, including:
      1. Complying with Phy 500;
      2. Identifying situations in which ethical questions are present; and
      3. Reporting to the employer and the OPLC violations of ethical practice;
   4. Adhering to legal practice standards, including:
      1. Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F, and the rules of the board; and
      2. Identifying situations in which legal questions are present;
   5. Communicating in ways that are congruent with situational needs, including:
      1. Communicating verbally and nonverbally in a professional and timely manner;
      2. Initiating communication in difficult situations;
      3. Selecting the most appropriate person(s) with whom to communicate;
      4. Listening actively and attentively to understand what is being communicated by others;
      5. Using professionally and technically correct language;
      6. Communicating using nonverbal methods that are consistent with the intended message;
      7. Interpreting and responding to the nonverbal communication of others; and
      8. Evaluating the effectiveness of his or her own communication and modifying communication accordingly;
   6. Adapting delivery of physical therapy care to reflect respect for, and sensitivity to, individual differences, including exhibiting sensitivity to differences in race, creed, color, gender, age, national or ethnic origin, sexual orientation, and disability or health status when:
      1. Communicating with others; and
      2. Implementing plans of care; and
   7. Educating patients, the families of patients, other caregivers, other staff at the care site or in the care setting, students, and other health care providers, using relevant and effective teaching methods, including:
      1. Identifying and establishing priorities for educational needs;
      2. Designing education activities to address identified needs;
      3. Conducting educational activities using a variety of instructional strategies; and
      4. Evaluating one's own educational activities for effectiveness and modifying them accordingly.

Source. #9431, eff 3-19-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

PART Phy 405 REVOCATION, SUSPENSION AND OTHER SANCTIONS, INCLUDING NON-DISCIPLINARY SUBSTANCE ABUSE RECOVERY PROGRAM

Phy 405.01 Misconduct

Misconduct shall be:

1. Knowingly or negligently providing inaccurate material information to the board of the OPLC or failing to provide complete and truthful material information upon inquiry by the board, including during the process of applying for a license, license renewal, or license reinstatement;
2. Conviction of any criminal offense other than a traffic violation;
3. Failure to report to the board a conviction described in (b) above within 30 days;
4. Violation of Phy 500;
5. Engaging in sexual misconduct;
6. Failure to provide care with reasonable skill, safety and regard for client rights, whether or not the client has suffered injury;
7. Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction;
8. Failure to report within 30 days any act by an individual authorized by the board to practice in New Hampshire that apapears to constitute misconduct;
9. Failure to exercise appropriate supervision over persons who are authorized to practice only under supervision;
10. Practice without a currently valid license; and
11. Violation of:
    1. Any provision of RSA 328-F;
    2. Any provision of RSA 328-A;
    3. Any rule adopted by the board; or
    4. Any state or federal law reasonably related to the licensee's authority to practice or the licensee's ability to practice safely.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 405.02 Sanctions

1. Pursuant to RSA 328-F:11, I (g), disciplinary measures available to the board to sanction misconduct shall be:
   1. License revocation;
   2. License suspension for a specified period of time;
   3. License suspension conditioned on the achievement of specified continuing competence requirements or continuing education, clinical experience or training;
   4. License suspension conditioned on successful participation in specified mental or physical health treatment, a rehabilitative program, counseling, a professional assistance program or in any other program designed to overcome the deficiency or condition in the licensee which appears to have caused the misconduct;
   5. A requirement that the licensee's practice be supervised for a specified period of time by a physical therapist authorized to practice in New Hampshire; and
   6. The imposition of an administrative fine not to exceed $1,000 for:
      1. Misconduct as described in Phy 405.01; or
      2. The practice of physical therapy by a person who was once authorized to practice in New Hampshire but does not currently hold a valid authorization, or who is practicing in violation of the conditions upon which they are authorized.
2. Pursuant to RSA 328-F:11, I (g), a measure available to the board to sanction continuing misconduct of the kinds described in (a)(6) above shall be the imposition of an administrative fine of $100 for each day the misconduct continues after notice from the board that the misconduct shall cease.
3. Pursuant to RSA 328-F:11,I (g) an additional measure available to the board to sanction misconduct shall be denial of license renewal or reinstatement.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 405.03 Procedure for Imposition of Sanctions

Other than immediate license suspension authorized by RSA 541-A:30, III, the board shall impose disciplinary sanctions only:

1. After prior notice to the licensee in accordance with Ahp 209.01 and the opportunity for the licensee to be heard; or
2. By agreement in a settlement between the board and the licensee made pursuant to Ahp 214.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017

Phy 405.04 Determinations Required for Sanctions.

1. In determining which sanction or combination of sanctions to impose, the board shall:
   1. First determine the nature of the act or omission constituting the misconduct done by the licensee;
   2. Next determine whether the misconduct has one or more of the characteristics listed in (b) below; and
   3. Finally, apply the standards in Phy 405.05.
2. The characteristics shall be:
   1. The misconduct actually caused physical or mental harm to the client or another person;
   2. The misconduct had the potential to cause physical or mental harm to the client or another person;
   3. The misconduct repeated earlier misconduct done by the licensee, as determined by:
      1. An earlier hearing;
      2. An earlier settlement agreement predicated on the same misconduct by the licensee; or
      3. An admission by the licensee;
   4. The misconduct was not the first misconduct by the licensee, as determined by:
      1. An earlier hearing;
      2. An earlier settlement agreement predicated on the same misconduct by the licensee; or
      3. An admission by the licensee; and
   5. The misconduct was intentional rather than the result of negligence or inadvertence.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017

Phy 405.05 Standards for the Selection of Sanctions.

The board shall select appropriate sanction(s):

1. From the list in Phy 405.02; and
2. By choosing, in light of the characteristics determined pursuant to Phy 405.04(b), the sanction or combination of sanctions most likely to:
   1. Protect public health and safety;
   2. Prevent future misconduct by the licensee;
   3. Take into account any acknowledgement of fault by the licensee and any cooperation by the licensee with the board's investigation of misconduct;
   4. Correct any attitudinal, educational or other deficiencies which led to the licensee's misconduct;
   5. Encourage the responsible practice of physical therapy; and
   6. Demonstrate to the licensee and the public the board's intention to insure that its licensees practice in accordance with applicable law and the public welfare.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017

Phy 405.06 Unauthorized Practice

When the board determines that one of the following measures is likely to be the most effective way to stop unauthorized practice as defined in RSA 328-F:27, II, the board shall:

1. Issue a cease and desist order against the person or entity engaged in the unauthorized practice; or
2. Seek an injunction against such person or entity.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017

Phy 405.07 Non-Disciplinary Substance Abuse Recovery Program

1. The board shall make available to eligible licensees the non-disciplinary substance abuse recovery program specified by RSA 328-A:14.
2. A licensee complying with and completing such non-disciplinary substance abuse recovery program shall be deemed not to have been sanctioned for misconduct.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017

PART Phy 406 MAINTENANCE AND DOCUMENTATION OF CONTINUING COMPETENCE

Phy 406.01 Maintenance of Continuing Competence and Documentation Requirements

1. Individuals licensed as physical therapists or physical therapist assistants wishing to renew their licenses either fully or conditionally shall maintain continuing competence by completing 24 contact hours of continuing professional education in each 2-year renewal cycle.
2. Individuals who have been licensed within the past 2 years as a physical therapist or physical therapist assistant in another state and wish to renew an initial New Hampshire license that expires in less than the usual 2 years may use continuing education earned outside of the New Hampshire license period of validity but not outside the 2 year renewal cycle towards the requirement in (a) above.
3. A licensee shall retain documentation of maintenance of continuing competence as described in Phy 410.03(d).
4. The renewal applicant shall furnish the copies of documentation of continuing competence activities set forth in Phy 406.02 through Phy 406.14 only when requested to do so by the OPLC in connection with an audit.
5. At least one half of the hours required by (a) and (b) above shall relate directly and primarily to the clinical application of physical therapy.
6. The balance of the contact hours required by (a) and (b) above shall relate to general physical therapy practice, including, but not limited to, supervision and consultation skills, curriculum development, and trans-disciplinary issues or skills.
7. Continuing competence shall be maintained through the following continuing professional education courses and professional activities, provided that they meet the definition of continuing professional education in Phy 406.01(a) and (b):
   1. Receipt of academic instruction in physical therapy, as further described in Phy 406.03;
   2. Non-academic courses, seminars, conferences, and workshops, as further described in Phy 406.03;
   3. Facility-based physical therapy in-service training, as further described in Phy 406.04;
   4. Formal mentored independent study, as further described in Phy 406.05;
   5. Direct supervision of physical therapist or physical therapist assistant students during their clinical education, as further described in Phy 406.06;
   6. Supervision of licensees holding conditional initial licenses, conditionally renewed licenses or conditionally reinstated licenses, as further described in Phy 406.07;
   7. Publication of writing related to physical therapy, as further described in Phy 406.08;
   8. Professional presentations relating to physical therapy made to other professionals or the public, as further described in Phy 406.09;
   9. Participation in a physical therapy research project, as further described in Phy 406.10;
   10. Participation in the work of professional boards, committees, and agencies, as further described in Phy 406.11;
   11. Teaching physical therapy, as further described in Phy 406.12;
   12. Receipt of infection control education, basic life support courses, facility onboarding, orientation, HIPPA training, and annual training, as further described in Phy 406.13;
   13. Journal study, as further described in Phy 406.14;
   14. New Hampshire jurisprudence assessment module described in Phy 406.15;
   15. Speciality certification examination described in Phy 406.16;
   16. Clinical residency program or fellowship program described in Phy 406.17;
   17. Clinical mentoring of a physical therapist in an accredited residency or fellowship program, as further described in Phy 406.18.

Source. #9456, eff 4-17-2009; ss by #10061, eff 12-23-2011; ss by #10203, eff 10-19-2012; ss by #13825, eff 2-17-2024

Phy 406.02 Receipt of Academic Instruction in Physical Therapy

1. The board shall recognize as maintenance of continuing competence a licensee's successful completion of academic course work in physical therapy, provided that:
   1. The course work is not that required for initial licensure; and
   2. The course work is sponsored and assigned credit by a college or university.
2. The board shall credit the licensee with 5 contact hours for each credit hour of academic course work described in (a) above.
3. Documentation of successful completion of academic course work shall be:
   1. A photocopy of 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:
      1. The description of the course copied from the college of university catalogue; or
      2. A photocopy of the course syllabus or outline tht includes a description of the course and the course competencies.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.03 Non-Academic Courses, Seminars, Conferences, and Workshops

1. The board shall recognize as maintenance of continuing competence the successful completion of non-academic courses, seminars, conferences, and workshops meeting the requirements as set forth in Phy 406.01 (e) and (f).
2. For each clock hour of attendance at such courses, seminars, conferences, and workshops, the bord shall credit the licensee with one contact hour.
3. Documentation of successful completion of non-academic courses, seminars, conferences, and workshops shall be a photocopy of 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 contact hours credited by the provider or sponsoring entity of 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.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.04 Facility-Based Physical Therapy In-Service Training

1. The board shall recognize as maintenance of continuing competence a licensee's participation in, or attendance at, a facility-based physical therapy training consisting of continuing education lasting less than 2 hours.
2. The board shall credit the licensee with one contact hour for each clock hour of participation or attendance, to a maximum of 8 contact hours per renewal cycle.
3. Documentation of successful completion of the facility-based in-service training shall be:
   1. A photocopy of a memo from the physical therapy supervisor of the facility stating:
      1. The licensee's name;
      2. The name of the facility and the topic of the in-service training;
      3. The date of the in-service training; and
      4. The licensee's hours of attendance; or
   2. A photocopy of the sign-in-sheet bearing the information outlined in (1) above bearing the signature of both the licensee's supervisor and the licensee.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.05 Formal Mentored Independent Study

1. The board shall recognize formal mentored independent study in physical therapy as maintenance of continuing competence so long as the study is performed under a written and signed mentorship agreement setting forth:
   1. The name of the mentor; and
   2. The goals and objectives to be met by the mentored licensee during the course of their study.
2. The board shall credit the licensee with one contact hour for every 2 clock hours of formal mentored independent study, to a maximum of 8 contact hours per renewal cycle.
3. Documentation of formal mentored independent study in physical therapy shall be:
   1. A photocopy of the signed mentorship agreement; and
   2. The licensee's signed written statement describing the independent study showing:
      1. The dates of the study;
      2. The hours spent on the study; and 
      3. The focus and outcome of the study.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.06 Direct Supervision of Physical Therapist or Physical Therapist Assistant Students During Their Clinical Education

1. The board shall recognize as maintenance of continuing competence a licensee's direct supervision of physical therapist or physical therapist assistant students during their clinical education when the licensee acts as the primary clinical instructor.
2. The board shall credit the licensee with 2 contact hours per student for clinical education supervision. The clinical education supervision must exceed 48 hours in duration. A maximum of 8 contact hours per renewal cycle will be credited.
3. Documentation of direct supervision of a physical therapist or physical therapist assistant student during their clinical education shall be:
   1. A photocopy of a memo stating:
      1. The name of the licensee;
      2. The fact that the licensee was the student's primary clinical instructor;
      3. The clinical education student's school; and
      4. The beginning and ending dates of the licensee's supervision of the student's clinical education including the total number of hours of supervision; and
   2. The memo shall be signed by:
      1. The supervisor of the facility where the clinical education was supervised;
      2. The clinical cordinator of clinical education; or
      3. The academic coordinator of clinical education.

Source. #9456, eff 4-17-2009; ss by #10203, eff 10-19-2012; ss by #13825, eff 2-17-2024

Phy 406.07 Supervision of Licensees Holding Conditional Initial Licenses, Conditionally Renewed Licenses, or Conditionally Reinstated Licenses

1. The board shall recognize as maintenance of continuing competence a licensee's supervision of a licensee holding a conditional initial license, a conditionally renewed license, or a conditionally reinstated license.
2. The board shall credit the licensee with 2 contact hours per licensee supervised, to a maximum of 8 hours per renewal cycle.
3. Documentation of supervision of a condition licensee shall be a copy of the completed "Supervision Form" described in Phy 403.06(h) provided to the OPLC before the supervision began.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.08 Publication of Writing Related to Physical Therapy

1. The board shall recognize as maintenance of continuing competence the publication of a licensee's writing related to physical therapy, including the publication of:
   1. A book;
   2. A peer-reviewed or non-peer-reviewed chapter of a book; or
   3. A peer-reviewed or non-peer-reviewed article.
2. The board shall credit the licensee as follows for no more than 2 published writings:
   1. For a book, 12 contact hours per renewal cycle;
   2. For a peer-reviewed chapter of a book or a peer-reviewed article, 6 contact hours per renewal cycle; and
   3. For a non-peer reviewed chapter or article, 4 contact hours per renewal cycle.
3. Documentation of the publication of a licensee's writing related to physical therapy shall be:
   1. Any item showing:
      1. The title of the writing;
      2. The date of publication; and
      3. The licensee's part or full authorship of the published writing; and
   2. A photocopy of:
      1. The cover or the dust jacket of the licensee's published book; or
      2. The licensee's published chapter or article.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.09 Professional Presentations Relating to Physical Therapy Made to Other Professionals or the Public

1. The board shall recognize professional presentations relating to physical therapy, including workshops, lectures, and in-service trainings made to other professionals or to the public, as maintenance of continuing competence.
2. The board shall credit the licensee with 2 contact hours for each clock hour of a presentation, to a maximum of 8 contact hours per renewal cycle, provided that, if the licensee gives substantially the same public presentation more than once, the board shall credit the licensee for only a single presentation.
3. Documentation of a professional presentation relating to physical therapy made to other professionals or to the public shall be:
   1. A photocopy of the official program of the presentation;
   2. A photocopy of a written statement signed by a representative of the program's sponsor including:
      1. The title of the presentation;
      2. The name of the licensee as presenter;
      3. The date of the presentation;
      4. The hours during which the presentation took place; and
      5. The type of audience attending the presentation; or
   3. A photocopy of the program brochure showing the information described in (b) above.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.10 Participation in a Physical Therapy Research Project

1. The board shall recognize participation in a physical therapy research project as maintenance of continuing competence.
2. The board shall credit the licensee with one contact hour for every 4 clock hours spent on a research project, to a maximum of 8 contact hours per renewal cycle.
3. Documentation of participation in a physical therapy research project shall be a photocopy of 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 beginning and ending dates of the licensee's participation; and
   3. The licensee's role in the research project.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.11 Participation in the Work of Professional Boards, Committees, and Agencies

1. The board shall recognize as maintenance of continuing competence the participation by a licensee in the work of a board or committee of a professional physical therapy organization or government agency related to the practice of physical therapy.
2. The board shall credit the licensee with 2 contact hours for each board, committee, or agency served, to a maximum of 4 contact hours per renewal cycle.
3. Documentation of participation in the work of a professional board, committee, or agency shall be:
   1. A photocopy of a letter issued by:
      1. The authority appointing the lciensee to the board, committee, or agency; or
      2. The board, committee, or agency served by the licensee; and
   2. The letter shall state:
      1. The appointment of the licensee to the board, committee, or agency; or
      2. The fact of the licensee's participation and the beginning and ending dates of the licensee's service.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.12 Teaching Physical Therapy

1. The board shall recognize as maintenance of continuing competence a licensee's teaching a college or university course in physical therapy.
2. The board shall credit the licensee with 2 contact hours for each clock hour of teaching, to a maximum of 8 contact hours per renewal cycle, provided that:
   1. If the licensee gives substantially the same course more than once during the renewal cycle, the board shall credit the licensee for only a single presentation of the course; and
   2. If the licensee gives a course that includes a lab component, the board shall credit the licensee for only a single presentation of the course.
3. Documentation of physical therapy teaching shall be:
   1. A list of courses taught; and
   2. A photocopy of a letter of confirmation signed by an official of the institution sponsoring the courses.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.13 Receipt of Infection Control Education, Basic Life Support Courses, Facility Onboarding, Orientation, HIPAA Training, or Annual Training

1. The board shall recognize as maintenance of continuing competence a licensee's receipt of infection control education, basic life support courses, facility onboarding, orientation, HIPPA training, or facility annual training.
2. The board shall credit the licensee with one contact hour for each clock hour spent in receipt of infection control education basic life support courses, acility onboarding, orientation, HIPPA training, or facility annual training, to a maximum of 2 contact hours per renewal cycle.
3. Documetnation of a licensee's receipt of infection control education, basic life support courses, facility onboarding, orientation, HIPPA training, or facility annual training shall be a photocopy of:
   1. ?A photocopy of a certificate showing:
      1. The title or subject matter of the education; and?
      2. The date of 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 (a) above.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.14 Journal Study

1. The board shall recognize as maintenance of continuing competence a licensee's study of a journal article dated within the preceding 5 years, including answering the questions provided with and related to the article, so long as the article is related to:
   1. Physical therapy theory or practice or both;
   2. The running of a physical therapy business; or
   3. Any conditions for which the services of a physical therapist are often or usually recommended.
2. The board shall credit the licensee with a maximum of 4 contact hours per renewal cycle for studying such a journal article and successful completion of the related questions.
3. Documentation of journal study shall be a photocopy of a certification of completion showing:
   1. The name of the licensee;
   2. The title and date of the journal article;
   3. The name of the publisher or provider of the journal article and the related questions; and
   4. The date of the licensee's completion of the journal study, including answering the questions related to the article.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.15 New Hampshire Jurisprudence Assessment Module

1. The board shall recognize as maintenance of continuing competence a licensee's successful completion of the New Hampshire Jurisprudence Assessment Module administered by the FSBPT.
2. The board shall credit the licensee with a maximum of 2 contact hours per renewal cycle.
3. Documentation of passing the New Hampshire jurisprudence assessment module shall be a copy of the score report sent electronically from the FSBPT directly to the OPLC.

Source. #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 406.16 Specialty Certification Examination

1. The board shall recognize as maintenance of continuing competence the successful completion of a specialty certification examination sponsored by the APTA or another nationally recognized association related to physical therapy.
2. The board shall credit the licensee with 24 hours per renewal cycle for successful completion during the 2 year renewal cycle of each different specialty certification examination.
3. Documentation of a licensee's successful completion of a speciality examination shall be a photocopy of the specialty certification or letter from the certifying agency stating successful completion of the specialty certification examination.

Source. #10061, eff 12-23-2011; renumbered by #12088 (from Phy 406.17); ss by #13825, eff 2-17-2024

Phy 406.17 Clinical Residency Program or Fellowship Program

1. The board shall recognize as maintenance of continuing competence for physical therapists the successful participation in a clinical residency program or fellowship program credentialed through the ABPTRFE.
2. The board shall credit the licensee with one contact hour for each clock hour of participation or attendance which took place during the 2 year renewal cycle, to a maximum of 24 contact hours per renewal cycle.
3. Documentation of a licensee's participation in a clinical residency program or fellowship program shall be:
   1. A letter from the host institution stating successful completion of the clinical residency, specifying the beginning and end dates and the number of hours completed during the applicable renewal cycle; or
   2. A letter from the host institution stating the number of hours completed to date in the clinical residency program during the applicable renewal cycle.

Source. #10061, eff 12-23-2011; renumbered by #12088 (from Phy 406.18); ss by #13825, eff 2-17-2024

Phy 406.18 Clinical Mentor of a Physical Therapist in an Accredited Residency or Fellowship Program

1. The board shall recognize as maintenance of continuing competence, a licensee’s clinical mentorship of a physical therapist during that physical therapist’s participation in a clinical fellowship or residency program, credentialed through the ABPTRFE, when the licensee acts as the primary clinical mentor.
2. The board shall credit the licensee with 4 contact hours per resident or fellow for the clinical mentorship. The mentorship must exceed 100 hours in duration. A maximum of 12 contact hours per renewal cycle will be credited.
3. Documentation of clinical mentorship of a physical therapist during their residency or fellowship program shall be:
   1. A photocopy of documentation containing information as follows:
      1. The name of the mentor;
      2. The fact that the licensee was the resident or fellow's primary mentor;
      3. The name of the accredited residency or fellowship program;
      4. the physical address of the accredited residency or fellowship program;
      5. The beginning and ending dates of the licensee's mentorship of the resident or fellow; and
      6. The total number of hours the licensee mentored the resident or fellow; and
   2. Signed by:
      1. The supervisor of the facility where the residency or fellowship was supervised; or
      2. The clinical coordinator of clinical education.

Source. #10061, eff 12-23-2011; renumbered by #12088 (from Phy 406.20); ss by #13825, eff 2-17-2024

PART Phy 408 CONDITIONAL RENEWAL OF LICENSURE

Phy 408.01 Issuance of Fully Renewed Licenses to Conditionally Renewed Licensees

A fully renewed licenses shall be issued by the OPLC to physical therapists and physical therapist assistants holding conditionally renewed licenses when they have:

1. Completed the supervised practice described in Phy 408.03;
2. Established readiness to practice under fully renewed licensure through the submission to the OPLC of the supervisory approval letter described in Phy 408.05; and
3. At the completion of the 26 weeks the conditional licensee shall have met all the requirements set forth in Phy 402.09.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 408.02 Supervisors

1. The practice of a licensee holding a conditionally reinstated license shall be supervised by at least one physical therapist authorized to practice in New Hampshire who:
   1. Has been practicing clinically for a period of at least one year;
   2. Is a non-probationary employee not under disciplinary investigation or pending disciplinary charges and has not had disciplinary action taken against him or her in any state within the past 5 years;
   3. Is located in the facility where supervision is to take place; and
   4. Is not related in any of the following ways to the conditionally reinstated licensee to be supervised:
      1. Spouse, civil union partner, or significant other;
      2. Parent, step-parent, parent-in-law, or step-parent-in-law;
      3. Natural, foster or adopted child, or stepchild; or
      4. Sibling, brother-in-law, or sister-in-law.
2. A physical therapist supervising a conditionally reinstated licensee shall share supervisory duties only with a physical therapist meeting the standards in (a) above.
3. A physical therapist supervising a conditionally reinstated licensee shall delegate supervisory duties only:
   1. To a physical therapist authorized to practice in New Hampshire or a physical therapist assistant authorized to practice in New Hampshire who meets the standards in (a)(1) through (a)(3) above;
   2. When the physical therapist believes based on knowledge about the delegate that the delegate is competent to carry out the duties being delegated; and
   3. When the proposed delegate voluntarily accepts the duties.
4. If, as a result of the sharing or the delegation of supervisory duties, there is more than one individual supervising a conditionally reinstated licensee at any one time:
   1. A single physical therapist shall bear responsibility for compliance with Phy 408; and
   2. Complete and sign the supervision form described in Phy 403.06(h).
5. If, as a result of the sharing or the delegation of supervisory duties, there was more than one individual supervising a conditionally reinstated licensee during the licensee's period of supervision, the physical therapist most recently supervising the conditionally reinstated licensee shall sign the supervisory approval letter described in Phy 408.05.

Source. #9456, eff 4-17-2009; ss by #10402, eff 8-23-2013; ss by #13825, eff 2-17-2024

Phy 408.03 Supervised Practice

1. Licensees holding conditionally renewed licenses shall practice under the levels of supervision as follows:
   1. Direct personal supervision, as defined in Phy 401.08, for at least 30% of the hours worked each week;
   2. Direct supervision, as defined in Phy 401.09, for at least 30% of the hours worked each week; and
   3. General supervision, as defined in Phy 401.12, for no more than 40% of the hours worked each week; and
2. If a physical therapist delegates to a physical therapist assistant the direct supervision called for by (a) above, there shall be direct contact between a physical therapist and a client of the conditionally reinstated licensee once during each 24-hour period in which the client is served by the conditionally reinstated licensee.
3. The conditional licensee shall be supervised as described in (a) above for at least 200 hours.

Source. #9456, eff 4-17-2009; ss by #10402, eff 8-23-2013; ss by #10836, eff 5-23-2015; ss by #13825, eff 2-17-2024

Phy 408.04 Administrative and Ethical Obligations of Licensees Holding Conditionally Renewed Licenses

1. The administrative obligations of licensees holding conditionally renewed licenses shall be as follows:
   1. Before the beginning of supervision by the individual who will provide some or all of the weeks of supervision, licensees holding conditionally renewed licenses shall:
      1. Give to these individuals a copy of Phy 408 and the supervision form described in Phy 403.06(h);
      2. Discuss the required supervision with them; and
      3. Submit the completed supervision form described in Phy 403.06(h) to the OPLC; and
   2. When the supervisor is replace by another individual, licensees holding conditionally renewed licenses shall:
      1. Notify the OPLC of that fact; and
      2. Take the actions required by (1) above.
2. The ethical standards to be met by licensees holding conditionally renewed licenses shall be those set forth in Phy 500.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 408.05 Supervisory Approval Letter

1. For a physical therapist holding a conditionally renewed license, the letter indicating supervisory approval shall:
   1. Be dated and signed by the individual who is the physical therapist's most recent supervisor;
   2. Be based on the determinations by the supervisor required by Phy 408.09; and
   3. State the opinion of the supervisor that the physical therapist is ready to practice under full licensure because the supervisor has determined that she or he has the following requisite skills detailed in Phy 408.09:
      1. Evaluation skills;
      2. Treatment skills;
      3. Management skills; and
      4. Professional interaction skills.
2. For a physical therapist assistant holding a conditionally renewed license, the letter indicating supervisory approval shall:
   1. Be dated and signed by the individual who is the physical therapist assistant's most recent supervisor;
   2. Be based on the determinations by the supervisor required by Phy 408.10; and
   3. State the opinion of the supervisor that the physical therapist assistant is ready to practice under full licensure because the supervisor has determined that the physical therapist assistant has the following requisite skills detailed in Phy 408.10:
      1. Assessment skills;
      2. Treatment skills;
      3. Management skills; and
      4. Professional interaction skills.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 408.06 Extension of Conditionally Renewed License When Supervised Practice is Incomplete or Supervisory Approval Letter is Unavailable

The OPLC shall extend a conditionally renewed license for an additional period of no more than 26 weeks when:

1. The conditionally renewed license is still valid;
2. The licensee holding the conditionally renewed license:
   1. Is unable to complete the required supervised practice because of loss of employment for any reason other than being terminated for cause or terminated during probationary employment because of incompetence; or
   2. Is unable to submit the required supervisory approval letter for a reason unrelated to the supervisor’s belief that he or she is not ready to practice under full licensure; and
3. The holder of the conditionally renewed license submits to the OPLC a written request for the extension explaining the details of one of the reasons in (b) above.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 408.07 Extension of a Conditionally Renewed License in Accordance with Supervisor’s Request

1. The OPLC shall extend the period of validity of a conditionally renewed license for the period of time, not to exceed 6 weeks, specified by the supervisor:
   1. If the request is made during the period of validity of the conditionally renewed license;
   2. When the holder of the conditionally renewed license submits the supervisor’s signed statement of opinion that he or she will become ready to practice under full licensure if the conditionally renewed license is extended for a specified period of time, not to exceed 6 weeks; and
   3. The supervisor agrees to remain the supervisor during the 6 week extension.
2. If during the extended 6 weeks the supervisor is unable to continue as supervisor the conditional licensee shall request a new supervisor that meets the requirements set forth in Phy 408.02 and provide the OPLC with the reason the supervisor is unable to continue.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 408.08 Expiration, Denial, and Suspension of Conditionally Renewed Licenses

1. A conditionally renewed license shall expire upon the first of the following events:
   1. The date of its expiration; or
   2. The OPLC's approval or denial of full renewal licensure.
2. The physical therapist or physical therapist assistant holding the conditionally renewed license shall have the right to challenge the OPLC's denial of full renewal licensure through an adjudicative hearing.
3. The board shall suspend a conditionally renewed license under the following circumstances:
   1. Practice by the physical therapist or physical therapist assistant holding the conditionally renewed license without the required supervision;
   2. Termination from employment for cause; or
   3. Termination from employment for incompetence during a probationary period.
4. The board shall suspend a conditionally renewed license pursuant to (c) above only after:
   1. Giving the holder of the conditionally renewed license notice containing:
      1. A statement of the board’s intention to suspend the conditionally renewed license;
      2. The grounds for the intended suspension;
      3. The date of the intended suspension; and
      4. A statement that the holder of the conditionally renewed license has the right to request an adjudicative hearing to challenge the intended suspension; and
   2. Providing the holder of the conditionally renewed license the opportunity to challenge the intended suspension at an adjudicative hearing.
5. The board shall suspend a conditionally renewed license on an emergency basis in the circumstances, and according to the procedures, set forth in RSA 541-A:30, III.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 408.09 Skills To Be Determined for Physical Therapists Holding Conditionally Renewed Licenses

The supervisor of a physical therapist holding a conditionally renewed license shall, in the course of supervision, determine whether and to what extent the physical therapist has the following skills:

1. Evaluation skills, including:
   1. Screening using procedures to determine the effectiveness of, and need for, physical therapy services, including:
      1. Identifying critical signs and symptoms that signal appropriateness for physical therapy examination;
      2. Selecting appropriate screening procedures;
      3. Conducting physical therapy screening in a technically competent manner;
      4. Interpreting screening findings; and
      5. Determining, based on the screening, the client's appropriateness for physical therapy or referral to other providers;
   2. Examination skills, including:
      1. Selection of reliable and valid physical therapy examination methods relevant to the client's complaint, the screening results and the client's history;
      2. Obtaining accurate information by performing the selected examination methods;
      3. Performing them while minimizing risk to the patient and to the conditional licensee; and
      4. Performing them in a technically competent manner; and
   3. Skills in using the clinical findings to determine physical therapy diagnoses and outcomes of care, including:
      1. Synthesizing the examination data to complete the physical therapy evaluation;
      2. Interpreting clinical findings to establish a physical therapy diagnosis;
      3. Explaining to the client the influence of pathological, abnormal physiological and pharmacological processes on the patient’s movement system;
      4. Using clinical findings and a medical or a physical therapy diagnosis to establish a physical therapy prognosis;
      5. Performing regular re-examinations of the client's status;
      6. Performing regular evaluations of the effectiveness of the client's treatment; and
      7. Evaluating changes in the client's status;
2. Treatment skills, including:
   1. Practicing in a manner that minimizes risk to the patient, to the physical therapist and to others including, but not limited to:
      1. Observing universal precautions and any health and safety regulations of the worksite;
      2. Maintaining a safe working environment;
      3. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;
      4. Being aware of contraindications and precautions of treatment;
      5. Requesting assistance when necessary; and
      6. Using techniques designed for safety in the handling of patients;
   2. Applying the principles of logic and the scientific method to the practice of physical therapy, including:
      1. Presenting a cogent rationale for clinical decisions;
      2. Making clinical decisions within the context of the ethical practice set forth in Phy 500;
      3. Making clinical decisions regarding therapy goals and the plan of care with the patient's informed consent and in accordance with RSA 328-A:15, III., IV. and V.;
      4. Utilizing information from multiple data sources to make clinical decisions;
      5. Distinguishing practices based on traditional beliefs from practices that are scientifically based; and
      6. Using appropriate outcome measures in the delivery and assessment of ongoing patient care;
   3. Designing a physical therapy plan of care:
      1. In collaboration with the patient;
      2. Consistent with the patient's examination and evaluation;
      3. Integrating goals, treatment, functional outcomes and a discharge plan;
      4. Specifying the expected time durations for the goals and functional outcomes;
      5. Adjusted in response to changes in the patient's status; and
      6. Establishing a plan for timely patient discharge; and
   4. Performing physical therapy interventions in a competent manner, including:
      1. Selecting interventions designed to achieve the desired outcomes;
      2. Performing effective, efficient and coordinated movements in providing technically competent interventions;
      3. Performing interventions consistent with the plan of care;
      4. Providing interventions in a manner minimizing risk to the physical therapist and the patient; and
      5. Using intervention time efficiently and effectively;
3. Management skills, including:
   1. Producing documentation to support the delivery of physical therapy services, including:
      1. Selecting relevant information to document the delivery of care;
      2. Documenting all aspects of physical therapy care, including screenings, examination, evaluation, plan of care, treatment(s), response to treatment(s), discharge planning, family conferences and communications with others involved in the delivery of care;
      3. Producing documentation that follows the guidelines and format required by the practice setting;
      4. Documenting patient care consistent with the board's rules and the requirements of third party payers; and
      5. Producing documentation that is accurate, concise, timely and legible;
   2. Participating in activities addressing quality of service delivery, including:
      1. Seeking information regarding the quality of care he or she renders;
      2. Following the policies and procedures established by the practice setting and the employer; and
      3. Participating in quality assurance activities, peer reviews and review of utilization of services;
   3. Addressing any needs of the patient for services other than physical therapy, including:
      1. Determining the needs of, and available resources for, the patient;
      2. Recommending referral(s) based on the expertise and effectiveness of provider(s);
      3. Advocating for appropriate patient services and resources; and
      4. Assisting patients in accessing resources; and
   4. Managing time, space and equipment to achieve the goals of the practice site or practice setting, including:
      1. Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;
      2. Using time effectively;
      3. Adhering to reimbursement guidelines established by payers for physical therapy services; and
      4. The scheduling of patients, equipment and space; and
4. Professional interaction skills, including:
   1. Presenting oneself in a professional manner, including:
      1. Accepting responsibility for one's own actions;
      2. Being punctual and dependable;
      3. Completing scheduled assignments in a timely manner;
      4. Wearing attire consistent with the expectations of the practice site or setting;
      5. Abiding by policies and procedures of the practice site or setting; and
      6. Adapting to changes in schedule, patient population, treatment location and other changes similarly not within the control of the holder of the conditionally renewed license;
   2. Behaving professionally in interactions with others, including:
      1. Maintaining productive working relationships with patients, the families of patients and others;
      2. Contributing to a positive work environment by treating others with positive regard, dignity, respect and compassion;
      3. Accepting criticism without defensiveness;
      4. Managing conflict in positive ways; and
      5. Maintaining patients' privacy and modesty;
   3. Adhering to ethical practice, including:
      1. Complying with Phy 500;
      2. Identifying situations in which ethical questions are present; and
      3. Reporting to the employer and the OPLC violations of ethical practice;
   4. Adhering to legal practice standards, including:
      1. Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F, and the rules of the board; and
      2. Identifying situations in which legal questions are present;
   5. Communicating in ways that are congruent with situational needs, including:
      1. Communicating verbally and nonverbally in a professional and timely manner;
      2. Initiating communication in difficult situations;
      3. Selecting the most appropriate person(s) with whom to communicate;
      4. Listening actively and attentively to understand what is being communicated by others;
      5. Using professionally and technically correct language;
      6. Communicating using nonverbal methods that are consistent with the intended message;
      7. Interpreting and responding to the nonverbal communication of others; and
      8. Evaluating the effectiveness of his or her own communication and modifying communication accordingly;
   6. Adapting delivery of physical therapy care to reflect respect for, and sensitivity to, individual differences, including exhibiting sensitivity to differences in race, creed, color, gender, age, national or ethnic origin, sexual orientation, and disability or health status when:
      1. Communicating with others;
      2. Developing plans of care; and
      3. Implementing plans of care; and
   7. Educating patients, the families of patients, other caregivers, other staff at the care site or in the care setting, students, and other health care providers, using relevant and effective teaching methods, including:
      1. Identifying and establishing priorities for educational needs;
      2. Designing education activities to address identified needs;
      3. Conducting educational activities using a variety of instructional strategies; and
      4. Evaluating one's own educational activities for effectiveness and modifying them accordingly.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 408.10 Skills To Be Determined for Physical Therapist Assistants Holding Conditionally Renewed Licenses.

The supervisor of a physical therapist assistant holding a conditionally renewed license shall, in the course of supervision, determine whether and to what extent the physical therapist assistant has the following skills:

1. Collaboration and communication with the supervisor;
2. Assessment skills, including:
   1. Performing regular re-assessments of the client's status;
   2. Performing regular assessments of the effectiveness of the client's treatment; and
   3. Assessing changes in the client's status;
3. Treatment skills, including:
   1. Practicing in a manner that minimizes risk to the patient, to the physical therapist assistant and to others including, but not limited to:
      1. Observing universal precautions and any health and safety regulations of the worksite;
      2. Maintaining a safe working environment;
      3. Recognizing physiological and psychological changes in the client and adjusting treatment accordingly;
      4. Being aware of contraindications and precautions of treatment;
      5. Requesting assistance when necessary; and
      6. Using techniques designed for safety in the handling of patients;
   2. Applying the principles of logic and the scientific method to the practice of physical therapy, including:
      1. Presenting a cogent rationale for clinical decisions;
      2. Making clinical decisions within the context of the ethical practice set forth in Phy 500;
      3. Making clinical decisions in accordance with RSA 328-A:15, III., IV. and V.;
      4. Utilizing information from multiple data sources to make clinical decisions;
      5. Distinguishing practices based on traditional beliefs from practices that are scientifically based; and
      6. Using appropriate outcome measures in the delivery and assessment of ongoing patient care; and
   3. Performing physical therapy interventions in a competent manner, including:
      1. Performing effective, efficient and coordinated movements in providing technically competent interventions;
      2. Performing interventions consistent with the plan of care;
      3. Providing interventions in a manner minimizing risk to the physical therapist assistant and the patient; and
      4. Using intervention time efficiently and effectively;
4. Management skills, including:
   1. Producing documentation to support the delivery of physical therapy services, including:
      1. Selecting relevant information to document the delivery of care;
      2. Documenting all aspects of physical therapy care, including treatment(s), response to treatment(s), discharge planning, family conferences and communications with others involved in the delivery of care;
      3. Producing documentation that follows the guidelines and format required by the practice setting;
      4. Documenting patient care consistent with the board's rules and the requirements of third party payers; and
      5. Producing documentation that is accurate, concise, timely and legible;
   2. Participating in activities addressing quality of service delivery, including:
      1. Seeking information regarding the quality of care he or she renders;
      2. Following:
         1. The plan of care established by the physical therapist; and
         2. The policies and procedures established by the practice setting and the employer; and
      3. Participating in quality assurance activities, peer reviews and review of utilization of services;
   3. Addressing any needs of the patient for services other than physical therapy, including:
      1. Assisting the physical therapist in determining the needs of, and available resources for, the patient;
      2. Assisting the physical therapist in recommending referral(s) based on the expertise and effectiveness of provider(s);
      3. Advocating for appropriate patient services and resources; and
      4. Assisting patients in accessing resources; and
   4. Managing time, space and equipment to achieve the goals of the practice site or practice setting, including:
      1. Incorporating, through accurate and timely billing and otherwise, an understanding of economic factors in the delivery of physical therapy services;
      2. Using time effectively;
      3. Adhering to reimbursement guidelines established by payers for physical therapy services; and
      4. The scheduling of patients, equipment and space; and
5. Professional interaction skills, including:
   1. Presenting oneself in a professional manner, including:
      1. Accepting responsibility for one's own actions;
      2. Being punctual and dependable;
      3. Completing scheduled assignments in a timely manner;
      4. Wearing attire consistent with the expectations of the practice site or setting;
      5. Abiding by policies and procedures of the practice site or setting; and
      6. Adapting to changes in schedule, patient population, treatment location and other changes similarly not within the control of the physical therapist assistant;
   2. Behaving professionally in interactions with others, including:
      1. Maintaining productive working relationships with patients, the families of patients and others;
      2. Contributing to a positive work environment by treating others with positive regard, dignity, respect and compassion;
      3. Accepting criticism without defensiveness;
      4. Managing conflict in positive ways; and
      5. Maintaining patients' privacy and modesty;
   3. Adhering to ethical practice, including:
      1. Complying with Phy 500;
      2. Identifying situations in which ethical questions are present; and
      3. Reporting to the employer and the OPLC violations of ethical practice;
   4. Adhering to legal practice standards, including:
      1. Abiding by applicable state and federal law, including RSA 328-A, RSA 328-F and the rules of the board; and
      2. Identifying situations in which legal questions are present;
   5. Communicating in ways that are congruent with situational needs, including:
      1. Communicating verbally and nonverbally in a professional and timely manner;
      2. Initiating communication in difficult situations;
      3. Selecting the most appropriate person(s) with whom to communicate;
      4. Listening actively and attentively to understand what is being communicated by others;
      5. Using professionally and technically correct language;
      6. Communicating using nonverbal methods that are consistent with the intended message;
      7. Interpreting and responding to the nonverbal communication of others; and
      8. Evaluating the effectiveness of his or her own communication and modifying communication accordingly;
   6. Adapting delivery of physical therapy care to reflect respect for, and sensitivity to, individual differences, including exhibiting sensitivity to differences in race, creed, color, gender, age, national or ethnic origin, sexual orientation and disability or health status when:
      1. Communicating with others; and
      2. Implementing plans of care; and
   7. Educating patients, the families of patients, other caregivers, other staff at the care site or in the care setting, students and other health care providers, using relevant and effective teaching methods, including:
      1. Identifying and establishing priorities for educational needs;
      2. Designing education activities to address identified needs;
      3. Conducting educational activities using a variety of instructional strategies; and
      4. Evaluating one's own educational activities for effectiveness and modifying them accordingly.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

PART Phy 409 ROLES OF PHYSICAL THERAPISTS, PHYSICAL THERAPIST ASSISTANTS AND PHYSICAL THERAPY AIDES

Phy 409.01 Role of Physical Therapists

1. A physical therapist shall be responsible for managing all aspects of the physical therapy care of a client, including:
   1. Oversight of documentation of services given to the client;
   2. Being aware of fees charged and any client reimbursement systems; and
   3. The services in (b) below.
2. The physical therapist shall:
   1. Provide the initial examination of the client;
   2. Provide the initial evaluation of the client, including a written identification of the client's:
      1. Precautions;
      2. Special problems;
      3. Contraindications;
      4. Anticipated progress; and
      5. A plan for re-evaluation at least every 60 days;
   3. Develop a plan of care for the client, including initial short and long term goals;
   4. Re-evaluate a client upon any significant changes in the client's condition;
   5. Select and delegate to the physical therapist assistant interventions and tasks appropriate to the plan of care;
   6. Assess the physical therapist assistant's supervision needs when delegating interventions and tasks;
   7. Make a written or electronic record of their services;
   8. Re-evaluate and update the plan of care and goals:
      1. In accordance with the plan for re-evaluation;
      2. When unexpected changes occur in the patient's condition;
      3. At the request of the physical therapist assistant; or
      4. As required by a third party payer;
   9. Co-sign all the physical therapis assistant's notes to attest to their supervision during each re-evaluation;
   10. Write the client's discharge summary and plan;
   11. Establish the patient's follow up plan of care to include the client's status at discharge, including the client's response to treatment; and
   12. Sign all documents written by, or transcribed on behalf of, the physical therapist and place their title after the signature.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 409.02 Role of Physical Therapist Assistants

A physical therapist assistant shall be responsible for:

1. Interventions and tasks appropriate to the plan of care when they have been delegated to the physical therapist assistant by a physical therapist;
2. Making a written or electronic record of their services;
3. Providing information to a physical therapist about a client's health status;
4. Providing discharge information when requested to do so by a physical therapist; and
5. Preparing billings when requested to do so by a physical therapist or the physical therapist assistant's employer.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 409.03 Supervision of a Physical Therapist Student or Physical Therapist Assistant Student

1. The supervising physical therapist or physical therapist assistant is the individual responsible for the client's treatment on the day the physical therapist student or physical therapist assistant student provides treatment.
2. The supervising physical therapist or physical therapist assistant may allow a physical therapist student or physical therapist assistant student to provide treatment consistent with the individual student's education, experience, and skills.
3. The supervising physical therapist or physical therapist assistant shall provide on-site supervision of a physical therapist student or physical therapist assistant student at all times when the student is providing treatment to a client.
4. The supervising physical therapist or physical therapist assistant shall authenticate the signed documentation of a student on the same day the treatment is provided.
5. A physical therapist student shall be supervised by a physical therapist authorized to practice in New Hampshire.
6. A physical therapist assistant student shall be supervised by either a physical therapist or physical therapist assistant who is authorized to practice in New Hampshire.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 409.04 Supervision of Physical Therapist Assistants and Other Support Personnel

1. A client's treatment by a physical therapist assistant shall be supervised, at least at the level of general supervision, by a physical therapist authorized to practice in New Hampshire.
2. A physical therapist shall supervise concurrently no greater number of physical therapist assistants and other support personnel than the physical therapist is able to supervise competently while performing the physical therapist's:
   1. Responsibilities as set forth in Phy 409.01;
   2. Duties assigned by the physical therapist's employer; and
   3. Ethical obligations as set forth in Phy 500.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

Phy 409.05 Assignment of Routine Tasks to Physical Therapy Aides

1. If assigning tasks to a physical therapy aide, a physical therapist or physical therapist assistant shall assign only tasks which are routine in the following way:
   1. The tasks support client care but do not constitute physical therapy because they do not require the skills of a physical therapist or a physical therapist assistant;
   2. The anticipated outcomes of the tasks are predictable;
   3. The client and the client's environment are sufficiently stable that judgment, interpretations and adaptations by the aide will not be required;
   4. The client has previously demonstrated the ability to perform the client's part of the tasks, if any; and
   5. The physical therapist or physical therapist assistant has taught the aide the tasks or is satisfied on the basis of a demonstration that the aide is competent to perform the tasks.
2. When assigning such routine tasks to an aide the physical therapist or physical therapist assistant shall ensure that the aide:
   1. Is trained and able to demonstrate competence in carrying out the tasks and in using any equipment which may be required;
   2. Receives direct personal supervision by a physical therapist or physical therapist assistant when the aide is performing client care;
   3. Has been instructed in how to carry out the tasks with the particular client involved; and
   4. Knows the precautions, signs and symptoms for that particular client which would indicate the need to seek assistance from the physical therapist.

Source. #12088, eff 1-20-2017

PART Phy 410 ONGOING REQUIREMENTS

Phy 410.01 Medications

In accordance with RSA 328-A:9, VI, physical therapists shall:

1. Have the authority to purchase and administer topical and aerosol medications on the prescription of a New Hampshire health care practitioner legally authorized to prescribe medications; and
2. Shall comply with respect to the storage of such medications with the rules of the New Hampshire board of pharmacy.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017

Phy 410.02 Required Referral

1. Pursuant to RSA 328-A:9, II, a physical therapist shall refer a client to one of the practitioners listed in (b) below when:
   1. The client requires services outside the practice of physical therapy as defined in RSA 328-A:2, XI.; or
   2. Physical therapy is contraindicated.
2. Practitioners to be referred to shall be:
   1. A person licensed to practice:
      1. Medicine;
      2. Dentistry;
      3. Chiropractic;
      4. Podiatry; or
      5. Naturopathic medicine; or
   2. A person licensed as a physician assistant or advanced registered nurse practitioner.
3. The referring physical therapist shall note the referral in the client's medical record.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #14227, eff 3-19-2025

Phy 410.03 Administrative Obligations of Licensees

1. The licensees shall:
   1. Maintain their current business and home addresses on file with the OPLC; and
   2. Notify the OPLC of any change in address no later than 30 days from the date of the change.
2. Licensees shall:
   1. Report to the OPLC:
      1. Any criminal conviction of another licensee which is based on a finding that the licensee has violated RSA 328-A; or
      2. Any determination by a regulatory agency that another licensee has violated RSA 328-A; and
   2. Incur no liability for such a report.
3. In accordance with RSA 328-A:15, IX, each licensee shall display at his or her place of practice in a location accessible to the public:
   1. A copy of his or her license;
   2. A copy of his or her verification of current license renewal; or
   3. A notice stating where his or her licensure information is available.
4. Licensees shall retain documentation of their continuing professional education and professional activities for at least 3 years.

Source. #9456, eff 4-17-2009; ss by #10061, eff 12-23-2011; ss by #13825, eff 2-17-2024

Phy 410.04 Obligation to Report to Clients

1. In accordance with RSA 328-A:15, V, a physical therapist shall inform each client that the client has freedom of choice in services and products.
2. In accordance with RSA 328-A:15, III, a physical therapist shall, before the physical therapist's initial evaluation, disclose in writing to the client that the practitioner who referred the client to the physical therapist is deriving direct or indirect compensation from the referral.
3. In accordance with RSA 328-A:15, IV, a physical therapist shall, at the time of endorsement or recommendation, disclose in writing to the client any financial interest the physical therapist has in a product he or she endorses or recommends to the client.

Source. #9456, eff 4-17-2009; ss by #12088, eff 1-20-2017; ss by #13825, eff 2-17-2024

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CHAPTER Phy 500 ETHICAL STANDARDS

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PART Phy 501 DEFINITIONS, ETHICAL STANDARDS FOR PHYSICAL THERAPISTS, ETHICAL STANDARDS FOR PHYSICAL THERAPIST ASSISTANTS

Phy 501.01 Definitions.

The following terms shall have the following meanings:

1. "American Physical Therapy Association (APTA)" means a national professional organization with the goal to foster advancements in physical therapy practice, research and education.
2. "APTA Code of Ethics for the Physical Therapist" means a document setting forth ethical principles and their interpretations for physical therapists issued by the Ethics and Judicial Committee of the American Physical Therapy Association in June 1973 and last amended in June 2019.
3. "APTA Standards of Ethical Conduct for the Physical Therapist Assistant" means a document setting forth ethical principles and their interpretations for physical therapist assistants issued by the Ethics and Judicial Committee of the American Physical Therapy Association in June 1982 and last amended in August 12, 2020.

Source. #9295, eff 10-16-2008; ss by #9870, eff 2-18-2011, EXPIRED: 2-18-2019; New #12945, eff 12-20-2019; ss by #13306, eff 12-16-2021

Phy 501.02 Ethical Standards for Physical Therapists.

The ethical standards for physical therapists shall be the APTA Code of Ethics for the Physical Therapist.

Source. #9295, eff 10-16-2008; ss by #9870, eff 2-18-2011, EXPIRED: 2-18-2019; New #12945, eff 12-20-2019

Phy 501.03 Ethical Standards for Physical Therapist Assistants.

The ethical standards for physical therapist assistants shall be the Standards of Ethical Conduct for the Physical Therapist Assistant.

Source. #9295, eff 10-16-2008; ss by #9870, eff 2-18-2011, EXPIRED: 2-18-2019; New #12945, eff 12-20-2019

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CHAPTER Plc 100 ORGANIZATIONAL RULES

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PART Plc 101 DEFINITIONS

Plc 101.01 "Board" means "board" as defined in RSA 310:2, I(a), namely "a board, council, commission, committee, or other regulatory body with jurisdiction over professions listed in paragraph II." The term includes the executive director if the board is an advisory board or if the applicable statute does not establish a board.

Source. #13797, eff 10-26-2023

Plc 101.02 "Executive director" means the executive director of the office of professional licensure and certification or designee.

Source. #12863, eff 9-4-2019; ss by #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 101.03 "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.

Source. #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 101.04 "Office of professional licensure and certification (OPLC)" means the New Hampshire office of professional licensure and certification established by RSA 310.

Source. #12863, eff 9-4-2019; ss by #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 101.05 "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.

Source. #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 101.06 "Telephone number" means the 10-digit number that is assigned to a particular telephone and used in making connections to it.

Source. #13506, eff 12-16-2022; ss by #13797, eff 10-26-2023

PART Plc 102 DESCRIPTION OF OFFICE

Plc 102.01 Office of Professional Licensure and Certification - Purpose

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.

Source. #12863, eff 9-4-2019; ss by #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 102.02 Executive Director

1. 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.
2. 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.
3. 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 recommendation of the respective board;
   2. Such organizational and prcedural 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.

Source. #12863, eff 9-4-2019; ss by #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 102.03 Office Hours, Office Location, Mailing Address, and Telephone

1. The OPLC is located at 7 Eagle Square, Concord, New Hampshire.
2. 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 holidays.
3. Correspondence shall be addressed to the OPLC at:

New Hampshire Office of Professional Licensure and Certification
7 Eagle Square
Concord, NH 03301

4. The OPLC's main telephone number is (603) 271-2152.
5. The OPLC's TDD access number is relay NH 1-800-735-2964.
6. The OPLC's website URL is www.oplc.nh.gov.
7. General inquires may be directed to CustomerSupport@oplc.nh.gov.

Source. #12863, eff 9-4-2019; ss by #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 102.04 OPLC Organizational Structure

The OPLC comprises:

1. The office of the executive director, described in Plc 102.05;
2. The division of licensing and board administration, described in Plc 102.06; and
3. The division of enforcement, described in Plc 102.07.

Source. #12863, eff 9-4-2019; ss by #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 102.05 Office of the Executive Director

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 dividion of enforcement, including but not limited to:

1. Human resource functions;
2. 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;
3. Establishing a retention ppolicy for the retention and disposal of records of the OPLC and the boards; and
4. Adopting, maintaining, and implementing the rules authorized by RSA 310:6.

Source. #12863, eff 9-4-2019; ss by #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 102.06 Division of Licensing and Board Administration

1. 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. Supporting the meetings held by each board, including ensuring that the notice required by RSA 91-A is given;
   5. Supporting adjudicative proceedings initiated in accordance with Plc 200; and
   6. Maintaining the records of each board as required by RSA 91-A.
2. Except for boards that are advisory boards, the boards are separate and distinct for the purpose of regulating various professions and protecting the public health, safety, welfare, environment, and the public trust.

Source. #13797, eff 10-26-2023

Plc 102.07 Division of Enforcement

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

1. Conducting inspections of places where regulated professions are practiced to determine compliance iwth the standards established by the boards, whether in connection with an application for licensure or on an on-going basis;
2. Conducting inspections of mechanical and electrical installations in locations where the local authority has requested assistance;
3. 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;
4. Investigating viable allegations of misconduct, whether on its own initiative or upon receiving a written complaint, in accordance with RSA 310:9, III; and
5. Supporting adjudicative proceedings initiated in accordance with Plc 200.

Source. #13797, eff 10-26-2023

PART Plc 103 REQUESTS FOR INFORMATION AND ACCESS TO RECORDS

Plc 103.01 Requests for Information or Access to Records

1. Requests for access to governmental records pursuant to RSA 91-A:4 shall be made directly to the executive director by sending a request wit hthe information specified in Plc 103.02 either:
   1. Electronically, to righttoknow@oplc.nh.gov; or
   2. By mail or other deliver to the address specified in Plc 102.03(c).
2. Requests for other records shall be addressed to the executive director or directly to the division that is responsible for the records being requested.

Source. #12863, eff 9-4-2019; ss by #13293, eff 11-24-2021; ss by #13797, eff 10-26-2023

Plc 103.02 Contents of Requests for Access to Records

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:

1. The type of record(s) sought, such as meeting minutes, orders, or reports;
2. The date or date range the records were created, such as "April 2021" or "from January 1, 2019 through December 31, 2022";
3. 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
4. If records or a specific licensee are sought, as much informaiton as the requestor has to identify the licensee, including name, location of practice, and license number.

Source. #13797, eff 10-26-2023

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CHAPTER Plc 200 PRACTICE AND PROCEDURE

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PART Plc 201 PURPOSE AND SCOPE

Plc 201.01 Purpose

1. The purpose of the various proceedings undertaken pursuant to 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 other regulatory authority undertaking the proceeding.
2. The purpose of this chapter is to provide:
   1. Uniform porcedures for  the conduct of adjudicative proceedings and non-adjudicative proceedings;
   2. Uniform procedures for the submittal, review, and disposition of complaints, investigations, and 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 ofp rocurement provisions under RSA 21-G:37.
3. These rules are intended to implement applicable requirements of RSA 541-A and the procedures and criterial established in RSA 310.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 201.02  Applicability

1. The definitions in Plc 202 and rules in Plc 203 shall apply to all administrative proceedings conducted by the 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.
2. This chapter shall apply to the professions listed in RSA 310:2, II.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 202  DEFINITIONS

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”.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.02 “Advisory board” means a board, council, commission, or committee for a profession for which the practice act confers board on the executive director in consultation with the advisory board.

Source.  #13837, eff 12-28-2023

Plc 202.03  “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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.04  “Applicable law” means the statute(s), rules, standing orders, and case law, if any, that apply to regulate a profession in New Hampshire.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.05 “Board” means “board” as defined in RSA 310:2, I(a), namely “a board, council, commission, committee, or other regulatory body with jurisdiction over professions listed in paragraph II.” The term includes “advisory board” and “policy-autonomous board”. For any profession for which there is no board, the term means the executive director.

Source.  #13837, eff 12-28-2023

Plc 202.06 “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 terms does not include any person affiliated with the OPLC or a board.

Source.  13837, eff 12-28-2023

Plc 202.07  “Complaint” means a communication of alleged misconduct containing information that, if true, could violate ethical codes or other applicable law. The terms does not include reports of malpractice claims, insurance claims, or disciplinary action(s) in another jurisdiction.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.08  “Data” means all information relevant to an investigation, including but not limited to:

1. Oral or written descriptions provided by a complainant or witness;
2. Reports obtained in the course of the investigation;
3. Maps, charts, drawings, and photographs obtained or created in the course of the investigation;
4. Audio or video recordings obtained or created in the course of the investigation; and
5. Computer programs or computer printouts obtained or created in the course of the investigation or otherwise used to analyze other information obtained.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.09  “Disciplinary proceeding” means an adjudicative proceeding commenced by the OPLC or a board for the purpose of determining whether to suspend, revoke, or 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.10  “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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.11  “Enforcement division” means the division of enforcement of the OPLC established by RSA 310:2, II.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.12  “Executive director” means the executive director of the OPLC or designee.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.13  “File” as a verb means to place a document in the actual possession of the OPLC or a board.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.14  “File electronically”, for other than applications for a license and related documents that can be filed using the on-line licensing portal, means to file a document by:

1. Using the electronic filing system available at https://www.oplc.nh.gov when it becomes available; or
2. Until an electronic filing system becomes available, by sending an email with documents attached in portable document format (pdf) in accordance with Plc 203.02 or Plc 204.02, as applicable.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.15  “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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.16  “Intervenor” means a person allowed by the presiding officer to intervene in an adjudicative proceeding pursuant to RSA 541-A:32.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.17  “Investigation” means a gathering of data by the OPLC on behalf of a board concerning matters within the jurisdiction of the board.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.18  “Investigator” means an individual designated by the OPLC to conduct an investigation or oversee the activities of the professional conduct investigators, or both.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.19  “License” means “license” as defined in RSA 541-A:1, VIII, reprinted in Appendix B.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.20  “Licensee” means a person who holds a license, certification, registration, or other form of approval required by law to engage in a profession regulated by b a board.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.21  “Licensing proceeding” means a proceeding conducted to determine whether an applicant meets the qualifications established in applicable law for licensure. The terms does not include any disciplinary proceeding.

Source.  #13837, eff 12-28-2023

Plc 202.22   “Motion” means any request to the presiding officer 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 terms does not include “petition”.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.23  “Non-disciplinary remedial proceeding” means an adjudicative proceeding commences 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.

Source.  #13837, eff 12-28-2023

Plc 202.24  “Oral publc 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.25  “Order” means a document issued by the presiding officer or a board to:

1. Establish procedures to be followed in an adjudicative or non-adjudicative proceeding;
2. Grant or deny a petition or motion;
3. Require a person to do something, or to abstain from doing something, as a result of an adjudicative proceeding; or
4. Determine a person’s rights to a license or other privilege established by law.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.26  “Participant” means:

1. For an adjudicative proceeding, a respondent, respondent’s representative, intervenor, intervenor’s representative, or prosecutor for that adjudicative proceeding; or
2. 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.27  “Participants” means:

1. 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
2. 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.28  “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.

Source.  #13837, eff 12-28-2023

Plc 202.24  “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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.30  “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.

Source.  #13837, eff 12-28-2023

Plc 202.31  “Practice act” means the statute(s) that confers authority on a board to regulate a specific profession.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.32  “Presiding officer” means the individual who has been designated:

1. By the OPLC to preside over some or all aspects of an adjudicative proceeding that is not a licensing proceeding; or
2. By a board to preside over some or all aspects of a licensing proceeding or a non-adjudicative proceeding.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.33  “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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.34  “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”.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.35  “Respondent” means:

1. For purposes of a disciplinary proceeding, the person who holds the license or who has applied for renewal of a license;
2. For purposes of an administrative fine proceeding, the person against whom the board proposes to impose an administrative fine; or
3. For any other action initiated under Plc 200, the person against whom the board proposes to take the action.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.36  “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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 202.37  “Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of holidays.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 203  PROVISIONS APPLICABLE TO ALL PROCEEDINGS

Plc 203.01  Computation of Time

1. Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.
2. 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.
3. 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.
4. Time periods established in statute shall be determined as specified in the statute.

Source.  #13427, eff 8-4-2022

Plc 203.02  Filing of Documents with the OPLC or a Board

1. 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.
2. 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.
3. Documents relating to an appeal that are filed electronically shall be sent to hearingsclerk@oplc.nh.gov. 
4. Requests for records under RSA 91-A shall be filed in accordance with Plc 103, at righttoknow@oplc.nh.gov if filed electronically.
5. 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 to the OPLC in care of the executive director’s administrative assistant.
6. 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 to that board in care of its board administrator.
7. 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.
8. 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.
9. 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 203.03 Service in Non-Adjudicative Proceedings

1. Applications and petitions for rulemaking shall be filed with the OPLC or applicable board without service upon other persons.  
2. 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).

Source.  #13837, eff 12-28-2023

Plc 203.04  Date of Issuance or Filing

1. 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.
2. 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 204  COMPLAINTS; INVESTIGATIONS

Plc  204.01  Purpose and Applicability.

1. 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 will be followed to investigate such complaints.
2. This part shall apply to complaints against individuals and businesses engaged in any of the professions regulated by a board.
3. 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

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 204.02  Filing a Complaint

1. 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.
2. 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.
3. 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.       
4.  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.
5. If the OPLC receives a complaint relating to a profession regulated by any governmental authorit 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.
6. 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.
7. 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 contemplated administrative, civil, or criminal proceeding.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 204.03  Required Contents of Complaint  

A complaint shall include:

1. Identification of the profession to which the conduct being complained of relates;
2. The name of the individual or business that is alleged to have engaged in the conduct complained of;
3. If known, the type and license number of the license held by such individual or business, if any;
4. 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;
5. 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
6. 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.

Source.  #13427, eff 8-4-2022

Plc 204.04  Responding to a Complaint

1. 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.  
2. 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.  
3. The subject of the complaint may provide additional information that is relevant to the matter.  
4. 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.  
5. 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.  
6. 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.

Source.  #13837, eff 12-28-2023

 Plc 204.05  Initiation and Conduct of Investigations

1. As provided in RSA 310:9, III, the OPLC shall investigate allegations of misconduct upon its own initiative or upon written complaint.
2. The initiation of an investigation shall not constitute or be deemed to commence a disciplinary proceeding.
3. The initiation of an investigation shall not constitute an allegation of misconduct against a licensee.
4. 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.
5. Investigations, including those based upon allegations in a complaint, shall be conducted on an ex parte basis.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 204.06  Subpoenas For Investigations

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

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 204.07  Investigation Reports

1. Upon completion of an investigation, the investigator shall:
   1. Make a written report to the board 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.
2. 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.
3. 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; and
   3. The prosecutor.
4. The enforcement division shall also provide, upon request, the confidential information gathered in an investigation to:
   1. Law enforcement agencies;
   2. Boards or agencies relating to the respondent’s profession in 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 205  SETTLEMENT PROCEDURES; NON-DISCIPLINARY REMEDIAL ACTIONS

Plc 205.01  Purpose and Applicability

1. The purpose of this part is to establish the criteria and procedures for settling a matter without the need for an adjudicative hearing.
2. 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 205.02  Definitions

1. “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.
2. “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.
3. “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.
4. “Treatment program” means a program, including but not limited to a professionals’ health program under 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.
5. “Voluntary surrender” means the relinquishment by a licensee of the right to practice a profession without a formal adjudication of misconduct.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 205.03  Actions Upon Receipt of Investigation Report.  Upon the receipt of an investigation report, the board shall:

1. Dismiss the action, if the investigation does not reveal that misconduct occurred;
2. 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
3. Commence an adjudicative proceeding to determine whether to impose disciplinary sanctions or non-disciplinary remedial measures.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 205.04  Consent Orders; Review of Proposed Settlement Terms

1. 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, as required by RSA 310:10, VIII(a).
2. 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 in the same manner and under the same conditions as a prehearing conference.
3. If the board agrees with the terms of the proposed settlement agreement, the board shall:
   1. Approve the settlement agreement and issue it as a consent order, if the matter did not arise from a complaint for which consultation with the complainant is required under RSA 310:10, VIII(a); or
   2. If the matter did arise from a complaint for which consultation with the complainant is required under RSA 310:10, VIII(a), approve the settlement agreement as a provisional consent order, then proceed in accordance with (d)-(g), below.
4. To provide the opportunity for comment required by RSA 310:10, VIII(a), if the matter resulted from a complaint for which consultation with the complainant is required under RSA 310:10, VIII(a), the board shall notify the complainant of:
   1. The terms on which the matter is proposed to be resolved; and
   2. The deadline for submitting written comments on the proposed terms, which shall be no sooner than 14 days from the date of the notice.
5. If notice is provided to a complainant pursuant to (d), above, and no comments are received from the complainant, the consent order shall become final 30 days after issuance under (c)(2), above.
6. If comments are received from the complainant, the presiding officer shall review the comments and:
   1. If the comments indicate the complainant’s agreement with the terms or if the comments do not demonstrate potential fundamental flaws or errors in the proposed terms, approve the proposed settlement agreement, resulting in the consent order becoming final 30 days after issuance under (c)(2), above; or
   2. If the comments demonstrate potential fundamental flaws or errors in the proposed terms, present the comments to the board for review, resulting in the consent order not becoming final automatically.
7. For purposes of this section, “fundamental flaws or errors” means mistakes of law or of material fact that, if corrected, would result in the proposed terms being unacceptable given the nature and severity of the actual underlying misconduct.
8. After reviewing comments received pursuant to (f)(2), above, the presiding officer and board shall:
   1. Affirm the provisional consent order, resulting in the consent order becoming effective as of its confirmation, if after further review:
      1. The presiding officer determines that there are no fundamental flaws or errors in the application of the law to the facts; and
      2. The board determines that there are no fundamental flaws or errors in the factual findings or proposed terms; or
   2. Rescind the provisional consent order and schedule the matter for an adjudicative hearing, if after further review it is determined that there are fundamental flaws or errors in the law as applied, findings, or proposed terms.
9. If the board to which comments are submitted pursuant to (f)(2), above, rescinds the provisional consent order as a result of the comments and schedules the matter for an adjudicative hearing, the terms of the proposed settlement agreement and provisional consent order shall not be made part of any record and the respondent shall not be bound by any terms of the proposed settlement agreement or provisional consent order.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 205.06  PANP, Voluntary Surrender Not an Admission of Wrongdoing

1. A PANP shall not constitute an admission of wrongdoing by the licensee.
2. The voluntary surrender of a license shall not, in and of itself, constitute an admission of wrongdoing by the licensee.

Source.  #13427, eff 8-4-2022

Plc 205.06  Non-Disciplinary Remedial Actions

1. 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 deemed dangerous to the public health.”
2. For purposes of this section, the following definitions shall apply:
   1. “Deemed dangerous to the public health” 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 his or her license.
3. In order to take non-disciplinary remedial action, the board shall:
   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:
      1. The licensee is afflicted with a physical or mental disability, disease, disorder, or condition deemed dangerous to the public health; and
      2. Allowing the licensee to continue to practice would create an unacceptable threat to public health, safety, or welfare.
4. 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 206  ADJUDICATIVE PROCEEDINGS

Plc 206.01  Applicability; Definition 

1. 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.
2. 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:
      1. Conduct that resulted in another jurisdiction denying a license to an applicant; or
      2. Conduct for which a licensee has been disciplined in another jurisdiction.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.02  Contact Information Updates Required; Specify Whether Email Service is Acceptable

1. 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.
2. 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.
3. The prosecutor shall accept service via email or other electronic means such as secure file transfer protocol.
4. 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.
5. Emails sent to the email address on file with the presiding officer and documents provided using other electronic means such as 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, 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.
6. 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.03  Presiding Officer Appointment and Authority

1. All hearings in any adjudicative proceeding other than a licensing proceeding shall be conducted by the individual authorized by the board to serve as presiding officer.
2. All hearings in any licensing proceeding shall be conducted by the individual authorized by the board to serve as presiding officer.
3. The presiding officer shall as necessary:
   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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.04  Withdrawal of Presiding Officer

1. Upon his or her own initiative or upon the motion of any participant, the presiding officer shall, for good cause, withdraw from any proceeding.
2. 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.
3. Good cause shall exist if the presiding officer:
   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.
4. Mere knowledge of the issues, the participants, or any actual or potential witness shall not constitute good cause for withdrawal.

Source.  #13427, eff 8-4-2022

Plc 206.05  Waiver of Rules by Presiding Officer. 

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:

1. Appears to be lawful; and
2. 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.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.06  Commencement of Adjudicative Proceedings

1. Except for emergency proceedings initiated as provided in Plc 206.07, the board shall commence an adjudicative proceeding 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.
2. The notice commencing an adjudicative proceeding shall:
   1. Identify the docket number assigned to the matter by the OPLC;
   2. Specify the date, time, place, and nature of any hearing that has been scheduled;
   3. Summarize the subject matter of the proceeding and identify the issues to be resolved;
   4. Specify the legislative authority for the proposed action and identify any applicable rules;
   5. Specify the date by which, and the address to which, appearances or motions by participants shall be filed;
   6. 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;
   7. Identify the presiding officer for the proceeding;
   8. Identify any special procedures to be followed;
   9. Identify any confidentiality requirements applicable to the proceeding;
   10. Specify that each respondent has the right to have an attorney represent him or her at the respondent’s own expense;
   11. Specify that each participant has the right to have the board provide a certified shorthand court reporter at the participant’s expense and notify all participants that any such request be submitted in writing at least 10 days prior to the proceeding, as provided in RSA 541-A:31, III(f); and
   12. Contain such other information or attachments as are warranted by the circumstances of the case, including, but not limited to:
       1. Orders severing issues from the proceeding or consolidating the proceeding with a different proceeding; and
       2. Orders directing the production or exchange of documents.
3. If the respondent signs a preliminary agreement not to practice (PANP) pending resolution of the matter, a full evidentiary hearing to determine final disciplinary action shall only be held more than 60 days after the date of the notice issued pursuant to (b), above, 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 notice issued pursuant to (b), above, unless the information is not available within that time due to: 
      1. Reasons within the control of the respondent; or 
      2. The pendency of a criminal prosecution arising from the same circumstances as those on which the administrative proceeding is based.  
4. If a hearing is delayed pursuant to (c), 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 notice issued pursuant to (b), above, and at intervals no shorter than 60 days and no longer than 90 days thereafter until a full adjudicative hearing is scheduled.

Source.  #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.07 Initiation and Conduct of Emergency Proceedings

1. To initiate an emergency proceeding, the board shall issue an order that immediately suspends the respondent’s license based on:
   1. A determination that there is a reasonable basis to believe that public health, safety, or welfare requires emergency action, 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.
2. If a board commences an emergency proceeding, 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 board’s order suspending the license, to determine whether to continue the suspension of the respondent’s license pending a full adjudication of the matter.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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:
      1. Reasons within the control of the respondent; or
      2. The pendency of a criminal prosecution arising from the same circumstances as those on which the administrative proceeding is based.
10. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.08 Methods of Proceeding - Generally

1. 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 conclusions the participants wish the board to draw from the undisputed facts.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.09 Appearances and Representation

1. 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.
2. The prosecutor shall file an appearance that identifies:
   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.
3. Any changes to the information in (a) or (b), above, shall be filed with the presiding officer, in writing, within 5 working days of the change.
4. 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 board, willfully disrupted proceedings of the board, or made material misrepresentations to the board or a participant in a proceeding of the board.
5. Any prohibition issued under (d), above, shall apply only to proceedings before the specific board at which the conduct causing the disqualification occurred.
6. Nothing in this section shall be construed to permit the unauthorized practice of law.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.10 Filing of Documents; Certain Communications Prohibited

1. 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.
2. 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.
3. 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.
4. 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 contemplated administrative, civil, or criminal proceeding.

Source. #13427, eff 8-4-2022

Plc 206.11 Service of Documents

1. 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 service would be accepted in this manner.
2. Notices, orders, decisions, or other documents issued by the presiding officer 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 service would be accepted in this manner.
3. When a respondent’s representative or intervenor’s representative has filed an appearance, service shall be upon the representative.
4. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.12 Motions and Objections

1. Motions and objections shall be in writing unless the nature of the relief requested requires oral presentation upon short notice.
2. 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.
3. All motions shall state clearly and concisely in separately numbered paragraphs:
   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;
4. The participant filing the motion shall sign and date the motion in accordance with Plc 206.10(c).
5. 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.
6. 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; and
7. 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.
8. Repetitious motions shall not be submitted.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.13 Role of Complainants and OPLC and Board Staff in Adjudicative Proceedings

1. 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.
2. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.14 Intervention

1. 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.
2. 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.
3. A motion to intervene shall be granted if the presiding officer finds that:
   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.
4. 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.

Source. #13427, eff 8-4-2022

Plc 206.15 Consolidation; Severance

1. 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.
2. Consolidation shall be ordered in response to a timely motion from a participant or on the presiding officer’s own initiative.
3. 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.
4. The presiding officer shall issue written notice to all participants of any determination to sever or consolidate proceedings.

Source. #13427, eff 8-4-2022

Plc 206.16 Continuances

1. Any participant may make an oral or written motion that a hearing be delayed or continued to a later date or time.
2. 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.
3. Good cause shall include:
   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.
4. 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.

Source. #13427, eff 8-4-2022

Plc 206.17 Prehearing Conferences

1. 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.
2. The prehearing conference shall be conducted by telephone or via electronic means unless one or more of the participants objects to doing so.
3. Matters that can be addressed at a prehearing conference shall include:
   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.
4. As provided in RSA 310:10, VI, pre-hearing conferences shall be exempt from the provisions of RSA 91-A.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.18 Discovery and Disclosure; Identification of Exhibits

1. 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.
2. 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.
3. 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.
4. 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:
      1. 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;
      2. 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
      3. 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.
5. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.19 Subpoenas for Hearings

1. The presiding officer shall issue subpoenas for the attendance of witnesses or the production of evidence in an adjudicative proceeding other than a licensing proceeding in accordance with RSA 310:10, V.
2. The participant requesting a subpoena to be issued shall attach a copy of the proposed subpoena to its 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.
3. 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.
4. 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.
5. 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:
      1. 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
      2. Request the enforcement division to institute 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:
      1. Order the proceeding to continue and defer all, or part, of the subpoena enforcement issues;
      2. Recommend that the board seek judicial relief; or
      3. 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-compliance person.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.20 Testimony at an Adjudicative Hearing; Testimony Via Electronic Means

1. All testimony at an adjudicative hearing shall be in accordance with RSA 541-A:33, I.
2. 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.
3. 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.
4. 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.
5. Anyone offering testimony shall be subject to cross-examination as provided in Plc 206.21.
6. 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.
7. 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:
      1. The other participants will not be materially prejudiced by allowing the witness to testify via electronic means; or
      2. 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.
8. 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;
   2. How critical any missing testimony is to the issue(s) to be determined; (3) Whether any cross-examination has occurred; and
   3. Whether any cross-examination has occurred; and (4) The wishes of the parties to the hearing and board members, if applicable.
   4. The wishes of the parties to the hearing and board members, if applicable.
9. The presiding officer shall terminate any comments, questions, or discussions that are not relevant to the subject of the hearing.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.21 Inquiry by Presiding Officer or Panel Members; Cross-Examination

1. The presiding officer shall make such inquiry of witnesses or participants as the presiding officer believes necessary to develop a sound record for decision.
2. 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.
3. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.22 Evidence

1. Receipt of evidence shall be governed by RSA 541-A:33.
2. 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.
3. The presiding officer shall exclude irrelevant, immaterial, or unduly repetitious evidence.
4. 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.
5. 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.
6. If the original of a document is not readily available, the documentary evidence shall be received in the form of copies or excerpts.
7. 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.
8. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.23 Offers of Proof

1. An offer of proof shall be based on a sworn, written affidavit that details the facts and circumstances the offering participant wishes to prove.
2. 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.
3. A participant may rebut an offer of proof with an offer of proof that is subject to the conditions specified in (b), above.

Source. #13427, eff 8-4-2022

Plc 206.24 Burden and Standard of Proof

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.25 Failure to Attend or Participate in the Hearing

1. 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.
2. 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.
3. 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 death of a family member, or other circumstance beyond the control of the party that prevented the party from attending the hearing.
4. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.26 Reconvening of Adjudicative Hearings

1. 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.
2. 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.
3. 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.
4. 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.

Source. #13427, eff 8-4-2022

Plc 206.27 Proposed Findings of Fact and Conclusions of Law

1. Participants may submit proposed findings of fact or conclusions of law.
2. 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.
3. 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.

Source. #13427, eff 8-4-2022

Plc 206.28 Closing the Record

1. 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.
2. 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.

Source. #13837, eff 12-28-2023

Plc 206.29 Reopening the Record.

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.

Source. #13837, eff 12-28-2023

Plc 206.30 Decisions on Questions of Law, Issues of Fact, and Sanctions

1. 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.
2. 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.
3. 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).

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.31 Request or Petition for Rehearing; Answers

1. For purposes of this section, “petition for rehearing” shall include a request for rehearing after denial of an application for licensure.
2. A petition for rehearing shall be filed within 30 calendar days after service of a final order in a disciplinary or non-disciplinary remedial proceeding or of the final decision to deny an application for licensure.
3. To petition for rehearing, the respondent shall:
   1. Use the “Universal Petition for Rehearing” dated December 2023; or
   2. Provide the information required by (d), below, in another legible format.
4. The petition shall:
   1. Clearly identify:
      1. 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; or
      2. The applicant, by name as shown on the application, together with the profession for which the application was filed and the date of the denial of the application, for rehearing of a denial of licensure;
   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.
5. The petitioner or petitioner’s representative shall sign the petition.
6. 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 contemplated administrative, civil, or criminal proceeding.
7. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.32 Action on Petition for Rehearing

1. 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
   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.
   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.
2. In a rehearing of a licensure denial, the board shall reconsider the decision if the petition for rehearing was timely filed and states a rational basis for reconsideration.
3. If the petitioner does not meet the standard for granting a rehearing specified in (a) or (b), above, then:
   1. The petition shall be denied by:
      1. The presiding officer, in a disciplinary or non-disciplinary remedial proceeding; or
      2. The board, in a rehearing of a licensing decision; and
   2. 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.
4. 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 forward the petition and any response(s) received to the board for consideration.
5. 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 determines a hearing to be necessary to a full consideration of the facts.
6. 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.
   2. Effective on the date it is served.
7. Successive petitions for rehearing by the same person or party shall not be permitted.
8. Pursuant to RSA 310:14, III, the filing of a petition for rehearing shall not stay any order.

Source. #13837, eff 12-28-2023

Plc 206.33 Rehearing; Appeal

1. Pursuant to RSA 310:14, I:
   1. Any person who has been refused a license or certification by a board shall have the right to a rehearing; and
   2. A request for a rehearing shall be made within 30 days of receipt of the final decision.
2. Pursuant to RSA 310:14, II, any person who has been disciplined by a board shall have the right to petition in writing for a rehearing within 30 days of receipt of the original final decision.
3. Petitions or requests for rehearing shall be made in accordance with Plc 206.31.
4. 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 by the board during an appeal.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 206.34 Records of Decisions

The OPLC shall keep a final 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 207 NON-ADJUDICATIVE PROCEEDINGS

Plc 207.01 Purpose and Applicability; Definitions

1. 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.
2. 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.
3. For purposes of this part, the following definitions shall apply:
   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.”

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 207.02 Notice of Oral Public Hearings Conducted By or On Behalf of the Executive Director

1. 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.
2. 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.
3. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 207.03 Oral Public Hearings Conducted by a Policy-Autonomous Board

1. 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 91A:2, IV relative to meetings of state boards specifically, which is reprinted in Appendix C.
2. 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).
3. To make the request, the member shall:
   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. (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).
4. 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.
5. 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
   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.
   3. The board finds that it is not reasonably practicable for the member to attend in person.
6. 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.

Source. #13837, eff 12-28-2023

Plc 207.04 Notice of Oral Public Hearings Conducted by a Policy-Autonomous Board

1. 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.
2. 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.
   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.
3. 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.
4. 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.

Source. #13837, eff 12-28-2023

Plc 207.05 Attendance of Executive Director at Hearings on Proposed Rules

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.

Source. #13837, eff 12-28-2023

Plc 207.06 Attendance at Hearings on Rules Proposed by a Policy-Autonomous Board

1. 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.
2. 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.

Source. #13837, eff 12-28-2023

Plc 207.07 Presiding Officer for Oral Public Hearings

1. 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.
2. The presiding officer for an oral public hearing for a policy-autonomous board shall be the individual designated by that board for that proceeding.
3. The presiding officer at an oral public hearing shall:
   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:
      1. Effecting the removal of an individual who speaks or acts in a manner that is personally abusive or otherwise disruptive to the hearing;
      2. Postponing the hearing as provided in Plc 207.10;
      3. Continuing the hearing as provided in Plc 207.11; and
      4. Moving the hearing as provided in Plc 207.12

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 207.08 Public Access and Participation

1. 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.
2. 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.
3. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 207.09 Limitations on Public Testimony

The presiding officer at an oral public hearing shall:

1. 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
2. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 207.10 Postponing an Oral Public Hearing

1. A hearing on rules proposed by the executive director shall be postponed only in accordance with RSA 541-A:11, IV of 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.
2. 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.
3. An oral public hearing held for any purpose other than rulemaking shall be postponed if:
   1. For a hearing held in-person or as a hybrid-type hearing:
      1. 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
      2. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 207.11 Continuing an Oral Public Hearing

1. 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.
2. 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:
   2. Posting a notice on:
      1. The OPLC’s web page related to laws and rules, currently https://www.oplc.nh.gov/oplc-laws-and-rules; and
      2. 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.
3. 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; and (2) Posting a notice on the profession-specific web page maintained by the OPLC; and
   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.
   3. Such means as are required by RSA 91-A.
4. An oral public hearing held 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.
5. 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.
6. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 207.12 Extending Public Comment Deadline for Proposed Rules

If an oral public hearing on proposed rules is postponed or continued, then:

1. 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
2. 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.

Source. #13837, eff 12-28-2023

Plc 207.13 Moving an Oral Public Hearing

1. 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.
2. 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.
3. 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.
4. 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 91A 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.

Source. #13837, eff 12-28-2023

Plc 207.14 Changing Electronic Access Information for an Oral Public Hearing

1. 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.
2. 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.

Source. #13837, eff 12-28-2023

Plc 207.15 Closing the Hearing and the Record

1. 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.
2. 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.
3. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 208 RULEMAKING PETITIONS

Plc 208.01 Applicability

The rules in this part shall apply to any petition submitted to the executive director or a board pursuant to RSA 541-A:4.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 208.02 Filing of Rulemaking Petition

1. Any person wishing to file a petition to adopt, amend, 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.
2. Any person wishing to file a petition to adopt, amend, 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 208.03 Content of Petition for Rulemaking

A petition to adopt, readopt with amendments, or repeal a rule shall contain the following:

1. The name of each person requesting the adoption, readoption with amendments, or repeal of the rule, with an e-mail address for the person;
2. 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;
3. Whether the person is asking the executive director or board to adopt, readopt with amendments, or repeal a rule;
4. A clear and concise statement of why the petitioner wants the board to undertake the action requested;
5. 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;
6. If the petition is to amend or repeal an existing rule, identification of the particular rule sought to be amended or repealed; and
7. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 208.04 Burden of Persuasion for Rulemaking Petitions

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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 208.05 Disposition of Petition for Rulemaking.

1. 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.
2. 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.
3. 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.
4. If the petition is granted, the executive director or board shall commence a rulemaking as required by RSA 541-A:4, I.
5. 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 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 209 EXPLANATION OF ADOPTED RULES

Plc 209.01 Requests for Explanation of Adopted Rules

1. 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.
2. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 209.02 Response to Request for Explanation

1. 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.
2. 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.
3. For a policy-autonomous board, the board’s response shall reflect the consensus of a quorum of its members.
4. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 210 DECLARATORY RULINGS

Plc 210.01 Purpose

1. 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 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.
2. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 210.02 Filing of Petition for Declaratory Ruling

1. 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.
2. 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 regulatory authority in accordance with Plc 203.02.
3. 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 regulatory authority; 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 regulatory authority.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 210.03 Contents of Petition for Declaratory Ruling; Signature Required

1. 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(b) 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.
2. 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.
3. The signature(s) shall constitute a certification that:
   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 contemplated administrative, civil, or criminal proceeding.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 210.04 Processing of Petition for Declaratory Ruling

1. 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.
2. Within 25 days of the first meeting held by a policy-autonomous board after receipt by the board 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.
3. 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.
4. 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.
5. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 210.05 Action on Petition for Declaratory Ruling

1. 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.
2. 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.
3. 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.
4. 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, regulatory authority shall make a decision within 60 days of receipt. If the decision is to deny the petition, no declaratory ruling shall be issued.
5. A copy of each declaratory ruling shall be filed with the director of legislative services as required by RSA 541-A:16, II(b).
6. 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.
7. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 211 WAIVER OF SUBSTANTIVE AND PROCEDURAL RULES

Plc 211.01 Availability of Rule Waivers

1. 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.
2. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 211.02 Definitions

For purposes of this part, the following definitions shall apply:

1. “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.
2. “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”.

Source. #13837, eff 12-28-2023

Plc 211.03 Format of Petition for Waiver

A petition for waiver of a rule filed under this part shall:

1. 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;
2. 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
3. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 211.04 Content of Petition for Waiver

A petition for waiver of a rule 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:

1. All of the relevant facts of the matter;
2. The economic and operational consequences to the petitioner of complying with the rule as written;
3. Whether the requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;
4. Whether waiver of the rule would harm or otherwise operate to the disadvantage of any third person(s), whether actual or potential licensees or the general public;
5. 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
6. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 211.05 Service of Petition for Waiver

1. If the petition asserts that other identifiable person(s) would be harmed or otherwise disadvantaged by the proposed relief, the petitioner shall:
   1. Serve the petition on such persons; and
   2. Advise such persons of their right to reply to the petition within 10 days of receipt of service.
2. 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 person as provided in (a), above.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 211.06 Responding to Petition for Waiver.

1. 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.
2. The person filing the response shall sign and date the response.
3. The signature shall constitute a certification that:
   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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 211.07 Proceedings on Petition for Waiver

1. 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.
2. 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.
3. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 211.08 Decisions on Waiver Requests

1. The decision make shall rule upon a waiver request only after:
   1. Fully considering of 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.
2. 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.
3. 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:
      1. The statute expressly provides for such waivers; and
      2. 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.
4. 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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 211.09 Waivers Initiated by a Board

A board shall waive a rule upon its own motion only if the board:

1. Provides affected persons with notice and an opportunity to be heard; and
2. Issues an order that finds that good cause exists for granting the waiver.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 211.10 Consideration of Waiver Requests by the Executive Director

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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 212 WAIVER OF PROCUREMENT PROVISIONS

Plc 212.01 Purpose

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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 212.02 Applicability

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.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 212.03 Definitions

1. “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.
2. “Request for application (RFA)” means “request for application” as defined in RSA 21-G:36, III, as reprinted in Appendix B.
3. “Request for bid (RFB)” means “request for bid” as defined in RSA 21-G:36, IV, as reprinted in Appendix B.
4. “Request for proposal (RFP)” means “request for proposal” as defined in RSA 21-G:36, V, as reprinted in Appendix B.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

Plc 212.04 Waiver of Requirements

1. 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).
2. The OPLC shall then proceed in compliance with RSA 21-G:37, V.

Source. #13427, eff 8-4-2022; ss by #13837, eff 12-28-2023

PART Plc 213 DISCIPLINARY PROCEEDINGS; LICENSE CONDITIONS

Plc 213.01 Definitions

For purposes of this part, the following definitions shall apply:

1. “Applicant” means a person who has applied for a license to practice in New Hampshire, prior to a final decision being made on the application;
2. “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:
      1. More than 2 violations that remain uncorrected after a board 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
      2. More than 3 violations that are corrected by the respondent after a board 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; and
3. “Board” means, unless specifically limited to New Hampshire:
   1. “Board” as defined in Plc 202; and
   2. Any comparable authority in any other jurisdiction in which a licensee is authorized to practice.

Source. #13427, eff 8-4-2022

Plc 213.02 Grounds for Denying an Initial License Application

In addition to such grounds for denying an initial license application as are identified in the rules that are specific to the license for which an application was filed, the following shall constitute good cause to deny a license application:

1. The applicant owes any fees to a board, unless the fees are being paid in accordance with a payment schedule and the applicant is current with all payments;
2. The applicant owes any administrative fines to a board, unless the fines are being paid in accordance with a payment schedule and the applicant is current with all payments;
3. The applicant has failed to comply with any order issued by a board, unless the applicant is complying in accordance with a compliance schedule and is current with all items;
4. 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 board, unless the penalties are being paid in accordance with a payment schedule and the applicant is current with all payments;
5. 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 board, unless the applicant is complying in accordance with a compliance schedule and is current with all items; or
6. The applicant is a chronic non-complier.

Source. #13427, eff 8-4-2022

Plc 213.03 Grounds for Suspension, Revocation, or Refusal to Renew

In addition to such grounds for suspending, revoking, or refusing to renew a license as are identified in the rules that are specific to the license at issue, the following shall constitute good cause to suspend, revoke, or refuse to renew a license:

1. The licensee owes any fees to a board, unless the fees are being paid in accordance with a payment schedule and the license holder is current with all payments;
2. The licensee owes any administrative fines to a board, unless the fines are being paid in accordance with a payment schedule and the license holder is current with all payments;
3. The licensee has failed to comply with any order issued by a board, unless the license holder is complying in accordance with a compliance schedule and is current with all items;
4. 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 board, unless the penalties are being paid in accordance with a payment schedule and the license holder is current with all payments;
5. 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 board, unless the license holder is complying in accordance with a compliance schedule and is current with all items; or
6. The licensee is a chronic non-complier.

Source. #13427, eff 8-4-2022

Plc 213.04 Burden of Persuasion

1. This section shall apply to:
   1. Any proceeding to determine whether to impose sanctions, including suspension, revocation, refusal to renew, and imposition of administrative fines, based on conduct for which a licensee has been disciplined in another jurisdiction; and
   2. Any proceeding to determine whether to deny a license application based on conduct that resulted in another jurisdiction denying a license to an applicant.
2. In a proceeding that is subject to this section, the licensee or applicant, as applicable, shall bear 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.

Source. #13427, eff 8-4-2022

Plc 213.05 Determination to Deny a License Application or to Suspend, Revoke, or Refuse to Renew a License

1. The determination of whether to deny a license application or to suspend, revoke, or refuse to renew a license shall be made in accordance with the procedural rules specific to the type of license at issue.
2. If the respondent has not already had the opportunity to contest, through an adjudicative proceeding, the prior violation(s) on which the New Hampshire board proposes to base a decision to deny a license application or 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.

Source. #13427, eff 8-4-2022

Plc 213.06 License Conditions

1. The New Hampshire board shall include conditions in a license whenever it determines that 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.
2. 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.
3. The determination of whether such conditions are reasonably necessary shall be made 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.
4. The licensee may appeal any conditions included in a license pursuant to this section in accordance with existing appeal routes established under applicable law.

Source. #13427, eff 8-4-2022

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CHAPTER Plc 300 LICENSURE AND DISCIPLINE OF REGULATED PROFESSIONS

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PART Plc 301 PURPOSE; APPLICABILITY; SENDING NOTICES AND LICENSES; AVAILABILITY OF CONTACT INFORMATION; COMPUTATION OF TIME

Plc 301.01 Purpose

The purpose of this chapter is to establish:

1. Uniform procedures for applicants to submit applications for initial and renewal licensure and for reinstatement of licensure;
2. 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;
3. Uniform procedures for temporary licensing under RSA 310:6, V and RSA 332-G:14;
4. Uniform procedures for facilitated temporary licensing of military personnel and spouses of military personnel under RSA 310:16;
5. Uniform responsibilities and obligations and ethical and professional standards for licensees to complement and supplement any such standards established in applicable law;
6. Uniform criteria and procedures for imposing disciplinary sanctions against licensees; and
7. Uniform procedures for facilitated licesning of professionals licensed in other jurisdictions having requirements that are substntially similar to New Hampshire's requirements, as required by RSA 310:17.

Source. #13606, eff 5-1-2023; ss by 13955, eff 5-3-2024

Plc 301.02 Applicability

1. 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.
2. This chapter shall not apply to any person made exempt from licensure by applicable law.
3. 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.

Source. #13606, eff 5-1-2023

Plc 301.03 Notifications; Issuance of Licenses

1. The OPLC shall send 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.
2. 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.

Source. #13606, eff 5-1-2023; ss by 13955, eff 5-3-2024

Plc 301.04 Availability of Information on Applicants and Licensees

1. The OPLC shall maintain a registry of applicants that includes:
   1. For applicants who are individuals:
      1. The individual’s full name and contact information;
      2. The type of license applied for; and
      3. The status of the application; and
   2. For applicants who are legal entities:
      1. The full legal name of the entity and each name under which the entity does business in New Hampshire;
      2. The entity’s contact information;
      3. The type of license applied for; and
      4. The status of the application.
2. The OPLC shall maintain a registry of licensees that includes:
   1. For licensees who are individuals:
      1. The individual’s full name and contact information;
      2. The type of license issued to the individual;
      3. The license number; and
      4. The status of the license;
   2. For licensees who are legal entities:
      1. The full legal name of the entity and each name under which the entity does business in New Hampshire;
      2. The entity’s contact information;
      3. The type of license issued to the entity;
      4. The license number; and
      5. The status of the license; and
   3. For all licensees:
      1. The date of initial licensure; and
      2. Period(s) of active licensure.
3. In response to a request or on its website, the OPLC shall disclose:
   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.
4. 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.
5. 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.
6. 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.

Source.  #13606, eff 5-1-2023

Plc 301.05 Computation of Time

1. Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.
2. 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.
3. 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.
4. Time periods established in statute shall be determined as specified in the statute.

Source. #13606, eff 5-1-2023

PART Plc 302 DEFINITIONS

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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 302.02 “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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 302.03 “Application related fees” means:

1. For applications for initial licensure, the application processing and licensing fee specified in Plc 1002, any examination fee specified in Plc 1002, and any inspection fee specified in Plc 1002 for the license being applied for;
2. For applications for renewal licensure, the application processing and licensing fee specified in Plc 1002 for the license being applied for; and
3. For applications for reinstatement, the application processing and licensing fee specified in Plc 1002, and if applicable law requires an examination or inspection, or both, for reinstatement, the examination or inspection fee specified in Plc 1002, or both, as applicable, for the license being applied for.

Source. #13955, eff 5-3-2024

Plc 302.04 “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.

Source. #13955, eff 5-3-2024

Plc 302.05 “Board” means "board" as defined in RSA 310:2, I(a), namely "a board, council, commission, committee, or other regulatory body with jurisdiction over professions listed in paragraph II." 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.

Source. #13955, eff 5-3-2024

Plc 302.06 “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.

Source. #13955, eff 5-3-2024

Plc 302.07 “Contact information” means:

1. 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
2. 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.

Source. #13955, eff 5-3-2024

Plc 302.08 “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.

Source. #13955, eff 5-3-2024

Plc 302.09 “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”.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 302.10 “DEA registration number” means a number assigned by the U.S. Drug Enforcement Administration to an individual or an entity that allows the recipient to prescribe, handle, order, store, or dispense controlled substances.

Source. #13955, eff 5-3-2024

Plc 302.11 “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.

Source. #13606, eff 5-1-2023

Plc 302.12 “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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 302.13 “Executive director” means the executive director of the OPLC or designee.

Source. #13606, eff 5-1-2023

Plc 302.14 “Expired” as applied to a license means the expiration date identified in applicable law has passed and either no application for renewal was filed, or an incomplete application for renewal was filed but was not completed by the expiration date of the license. The term includes “lapsed”.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 302.15 “In good standing” as applied to a license means the license is not temporary and is not encumbered by any conditions, limitations, or restrictions, and has not been suspended, revoked, or surrendered.

Source. #13955, eff 5-3-2024

Plc 302.16 “Inspection assignment coordinator” means any individual designated by the executive director to assign inspectors to conduct inspections.

Source. #13955, eff 5-3-2024

Plc 302.17 “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, but is not limited to, temporary licenses, apprentice registrations, and any similar form of approval to practice a regulated profession in any jurisdiction.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 302.18 “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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 302.19 “Military spouse” means an individual who is legally married to an individual who is on active military duty.

Source. #13955, eff 5-3-2024

Plc 302.20 “Office or other place of business” means:

1. The primary location where a licensee practices or otherwise engages in the occupation or profession; or
2. 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.

Source. #13606, eff 5-1-2023

Plc 302.21 “On active military duty” means on active duty in the U.S. armed forces. The term includes “active military”.

Source. #13606, eff 5-1-2023

Plc 302.22 “Person” means:

1. An individual, for all regulated professions; and
2. A legal entity, for those regulated professions for which applicable law authorizes a legal entity, such as a corporation or professional association, to obtain a license.

Source. #13606, eff 5-1-2023

Plc 302.23 “Practice” as a verb means to engage in a regulated profession.

Source. #13606, eff 5-1-2023

Plc 302.24 “Practice act” means the statute(s) that confer(s) authority on the applicable board to regulate a specific profession.

Source. #13606, eff 5-1-2023

Plc 302.25 “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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 302.26 “Reinstatement” means:

1. The issuance of a license to a person whose license has been expired for not more than one year; or
2. The reactivation, prior to expiration or not more than one year after expiration, of a license that was suspended.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 302.27 “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 geologistss that allow work on a specific proejct or from the NH real estate appraisers board to allow work on a single assignment..

Source. #13955, eff 5-3-2024

Plc 302.28 “Substantially similar requirements”, for purposes of licensure by endorsement, means requirements that meet the criteria specified in Plc 313.13 et seq.

Source. #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13955, eff 5-3-2024

Plc 302.29 “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.

Source. #13606, eff 5-1-2023

Plc 302.30 “Working day” means any Monday through Friday, excluding days on which state offices are closed in observance of holidays.

Source. #13606, eff 5-1-2023

PART Plc 303 REQUIRED CREDENTIALS AND EXAMINATIONS

Plc 303.01 Timing of Obtaining Credentials Relative to Applications

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.

Source. #13606, eff 5-1-2023

Plc 303.02 Timing of Third Party Examinations Relative to Applications

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.

Source. #13606, eff 5-1-2023

Plc 303.03 Examinations Administered by Third Party Testing Organizations

1. Any individual seeking to obtain a license in a profession for which applicable law requires applicants to pass an examination administered by a third party testing organization, shall:
   1. Register directly with the testing organization, including paying any fee required by the testing organization; and
   2. Request the testing organization to transmit the results directly to the licensing bureau.
2. Any individual seeking reasonable accommodations for disabilities in the administration of the third party testing shall do so through the testing organization.
3. 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 required by the testing organization.

Source. #13606, eff 5-1-2023

Plc 303.04 Examinations Administered by Licensing Bureau

1. 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.
2. Any individual seeking reasonable accommodations for disabilities in the administration of the testing shall do so through the licensing bureau.
3. 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.

Source. #13606, eff 5-1-2023

Plc 303.05 English Language Proficiency Examinations

1. 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.
2. Any individual seeking reasonable accommodations for disabilities in the administration of an English language proficiency examination shall do so through the testing organization.
3. 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.

Source. #13606, eff 5-1-2023

PART Plc 304 INITIAL LICENSURE

Plc 304.01 Applying for Initial Licensure

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:

1. 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, by mailing a paper application to the address specified in Plc 102.03:
   1. 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;
   2. The additional information or documentation specified in Plc 304.04, as applicable; and
   3. The application-related fees for initial licensure, unless Plc 304.02(a) 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 backgroun check if allowed by applicable law; and
3. 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 102.03.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 304.02 Facilitated Licensing for Active Military and Military Spouses and Individuals Licensed in Another Jurisdiction Having Substantially Similar Requirements

1. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 304.03 Information Required for Initial License Application

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:

1. 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 name(s) under which the applicant holds or has held a professional license;
   2. The applicant’s date of birth by month, day, and year;
   3. The applicant’s social security number of 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 question:
       1. Applicant's sex;
       2. Applicant's race or ethnicity, including information regarding Hispanic, Latino/a, or Spanish origin;
       3. Highest level of education, whether or not related to the profession in which licensure is being sought;
       4. 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, idenfiy where the on-line program was housed;
       5. Relative to the applicant's employement status, whether the applicant is:
          1. Actively working in a position that requires the license being applied for;
          2. Actively working in a position in the same profession that does not require this license;
          3. Actively working in a position in a different profession;
          4. Not currently working; or
          5. Retired;
       6. Relative to the applicant's employment plans for the next 2 years, whether the applicant intends to:
          1. Increase hours in a field related to this license;
          2. Decrease hours in a field related to this license;
          3. Seek employment in a field unrelated to this license;
          4. Retire;
          5. Continue as is; or
          6. Not sure or plans unknown;
       7. Identifcation of the speciality, field, or area of practice in which the applicant spends the most professional time;
       8. Whether the applicant uses telehealth to deliver services to patients;
       9. The state in which the applicant's primary practice is located, if applicable;
       10. The 5-digit zip code of the applicant's primary practice location, if applicable;
       11. Relative to the applicant's current employment arrangement at their principal practice location, whether the applicant is:
           1. Self-employed or a consultant;
           2. A salaried employee;
           3. An hourly employee;
           4. In temporary employment of Locum Tenes;
           5. Other arrangement; or
           6. Not employed; and
       12. In the applicant's primary employment or practice, whether the applicant's primary role is that of:
           1. Administrator;
           2. Clinical practitioner;
           3. Faculty or other educator;
           4. Researcher;
           5. Other; or
           6. Not applicable;
   11. For applicants in any health care field:
       1. Identification of the practice setting at the applicant's primary practice location;
       2. What population gropus the applicant provides services to;
       3. An estimte of the number of hours per week the applicant spends at their primary practice location; and 
       4. 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;
2. 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 icontact 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;
3. 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;
4. 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 substanially similar to, or greater than, those established by applicable law;
5. A “yes” or “no” answer to the following questions relating to background and character:
   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 in order to avoid or settle disciplinary charges;
6. Whether the applicant has a DEA registration number and, if so, what the number is;
7. 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;
8. 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
9. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 304.04 Additional Information and Documentation Required for Initial License Application

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:

1. 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;
2. 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;
3. Subject to (d), below, an official letter of verification sent directly to the licensing bureau at customersupport@oplc.nh.gov, or if the information cannot be sent electronically, at the mailing address for the OPLC specified in Plc 102.03, 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;
4. If the information required by (c), above, is available on a website and is considered by the issuing jurisdiction to be a primary source verification, the URL of each such website;
5. 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/;
6. For any applicant applying for facilitated licensure as a military spouse, proof of service status as required by (e), 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;
7. 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
8. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 304.05 Signature and Attestation Required for Initial License Application

1. 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 submission shall be the date.
2. 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.
3. 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 before the applicable board within 30 calendar days of the date of the notice, 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.
4. The licensing bureau shall forward the application file, including the denial, to  the applicable board when notified that a hearing has been requested.
5. If the applicant does not file a petition for a hearing before the applicable board within the time period specified in the notice issued pursuant to (c), above, the denial shall become final.
6. If the application is denied, no application-related fees shall be refunded.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 304.06 Initial Review of Applications for Initial Licensure; Abandonment

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.
9. 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:
      1. The applicant has not already taken the examination;
      2. The applicant’s payment has cleared; and
      3. 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:
      1. The inspection has not already been done; and
      2. The applicant’s payment has cleared.

Source. #13606, eff 5-1-2023

Plc 304.07 Withdrawal of Application for Initial Licensure

1. An applicant may withdraw the application for licensure at any time prior to being notified of a decision under Plc 304.09.
2. 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.
3. 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.
4. 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:
      1. The applicant has not already taken the examination;
      2. The applicant’s payment has cleared; and
      3. 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:
      1. The inspection has not already been done; and
      2. The applicant’s payment has cleared.

Source. #13606, eff 5-1-2023

Plc 304.08 Review of Complete Applications for Initial Licensure; Inspections

1. After determining that an application is complete, the licensing bureau shall:
   1. Forward the application to the applicable board, for any applicable board that reviews applications directly; or
   2. Review the application to determine whether the applicant meets all criteria specified in applicable law for the license being applied for, provided that if an inspection is required prior to licensure, the licensing bureau shall refer the application to the compliance bureau for the inspection to be done.
2. Subject to (c) and (d), below, the licensing bureau shall make a decision on a complete application for initial licensure within 60 days of determining that an application is complete.
3. If an inspection is required by applicable law before a license can be issued, then:
   1. The compliance bureau shall notify the applicant of the date and time of the inspection;
   2. If the applicant cannot be available as scheduled due to circumstances beyond the applicant’s control, the applicant shall request the inspection to be rescheduled, provided that the applicant shall make all reasonable efforts to allow the inspection to be completed within 30 days of the initial contact by the compliance bureau to schedule the inspection; and
   3. In all cases, the applicant shall allow the inspection to be completed within 60 days of the initial contact to schedule the inspection.
4. If a timely inspection cannot be completed within 60 days of the initial contact to schedule the inspection due to the applicant’s lack of cooperation or other conduct, the application shall be denied.

Source. #13606, eff 5-1-2023

Plc 304.09 Decisions on Applications for Initial Licensure

1. For applications evaluated by the licensing bureau, if the applicant has demonstrated that all eligibility criteria specified in applicable law for initial licensure have been met, the licensing bureau shall approve the application and issue an initial license to the applicant at the applicant’s designated email address.
2. For applications evaluated by an applicable board, if the applicant has demonstrated that all eligibility criteria specified in applicable law for initial licensure have been met, the applicable board shall so notify the licensing bureau and the licensing bureau shall issue an initial license to the applicant at the applicant’s designated email address.
3. 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, then:
   1. For applications evaluated by the licensing bureau, the licensing bureau shall approve the application and issue a conditional initial license to the applicant at the applicant’s designated email address; or
   2. For applications evaluated by an applicable board, the applicable board shall so notify the licensing bureau and the licensing bureau shall issue an initial conditional license to the applicant at the applicant’s designated email address.
4. 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, then:
   1. For applications evaluated by the licensing bureau, the licensing bureau shall:
      1. Issue a conditional denial of the application; and
      2. Inform the applicant by email sent to the applicant’s designated email address that the denial shall become final if the applicant does not file a request for a hearing with the applicable board within 30 calendar days of the date of the notice, 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; or
   2. For applications evaluated by an applicable board, the applicable board shall:
      1. Inform the licensing bureau of the conditional denial;
      2. Issue a conditional denial of the application to the applicant at the applicant’s designated email address; and
      3. Inform the applicant the denial shall become final if the applicant does not file a request for a hearing with the applicable board within 30 calendar days of the date of the notice, 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.
5. If the applicant is notified of the conditional denial by the licensing bureau, the licensing bureau shall forward the application file, including the conditional denial, to the applicable board.
6. If the applicant does not file a request for a hearing with the applicable board within the time period specified in the notice issued pursuant to (d), above, the denial shall become final.
7. If the application is denied, no application-related fees shall be refunded.

Source. #13606, eff 5-1-2023

Plc 304.10 Challenging a Denial of Initial Licensure

1. An applicant who wishes to challenge the conditional denial of an application for initial licensure shall submit a petition for a hearing before the applicable board within 30 days of the notification of denial in accordance with Plc 206.31.
2. Upon receipt of a petition for a hearing, the applicable board shall commence an adjudicative proceeding as required by RSA 541-A and applicable law.
3. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 304.11 Issuance of Initial Licenses

1. 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.
2. Upon issuance of an initial license or initial conditional license, the licensee shall become subject to Plc 307 thorugh Plc 312 and to the regulatory authority of the applicable board.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 304.12 Duration of Initial Licenses

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:

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 312.
3. If an applicable statute is amended to establish a different license period or expiration date, or both, for a specific profession that supersedes the 2-year license term and expiration date established in RSA 310-A:1-h, the profession-specific statute shall apply to that profession.
4. A conditional license shall expire upon the first of the following events:
   1. The date of expiration of the conditional license;
   2. The approval or denial of full licensure; or
   3. Such other event(s) as are specified in applicable law.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 304.13 Issuance of Full Licenses to Conditional Licensees

1. 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.
2. 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.
3. The licensing bureau shall process an application for full licensure as provided in Plc 304 for applications for initial licensure.

Source. #13606, eff 5-1-2023

Plc 304.14 Wall Certificates

1. 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.
2. 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:
      1. The name of the licensee or certificate holder as it appears on the license;
      2. The license number from the electronically-issued license;
      3. The profession in which the licensee is licensed and any limitations or sub-specialties;
      4. Email and telephone contact information; and
      5. 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 102.03.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

PART Plc 305 TEMPORARY LICENSURE

Plc 305.01 Purpose

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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 305.02 Applicability

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 305.03 Applications for Temporary License

1. 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.
2. 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 102.03.

Source. #13606, eff 5-1-2023

Plc 305.04 Information and Verification Required for a Temporary License

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:

1. 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;
2. The applicant’s date of birth by month, day, and year;
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 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;
5. The applicant’s home or other personal telephone number;
6. The applicant’s designated email address;
7. Whether the applicant is on active military duty or the spouse of an individual on active military duty;
8. 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;
9. An answer to the question “Have you committed any acts or omissions that are grounds for disciplinary action in another jurisdiction?”
10. 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;
11. Whether the applicant consents to the disclosure to third parties of any or all of the applicant’s contact information; and
12. 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.

Source. #13606, eff 5-1-2023

Plc 305.05 Required Signature and Attestation

1. 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 submission shall be the date.
2. 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.

Source. #13606, eff 5-1-2023

Plc 305.06 Processing of Applications for Temporary License; Decisions

1. 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.
2. 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.
3. 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.
4. Denial of a temporary license under this part shall not automatically result in denial of a regular license.

Source. #13606, eff 5-1-2023

Plc 305.07 Duration of Temporary License

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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

PART Plc 306 TEMPORARY LICENSURE FOR MILITARY SERVICE MEMBERS AND SPOUSES

Plc 306.01 Purpose and Applicability

1. The purpose of this part is to implement RSA 310:16 relative to temporary licensure for military service members and military spouses.
2. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 306.02 Qualifications

As required by RSA 310:16, to qualify for a temporary license under this part the applicant shall:

1. Be a member of the armed forces of the United States or a military spouse;
2. 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
3. Be in good standing in all jurisdictions in which the applicant holds or has held a license.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 306.03 Application for Temporary License for Active Duty Military and Military Spouses

1. 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, by mail to the OPLC at the address listed in Plc 102.03:
   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.
2. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 306.04 Information Required for Temporary License Application

The applicant for a temporary license under this part shall provide the following information:

1. 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;
2. 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;
3. The applicant’s date of birth by month, day, and year;
4. The applicant’s social security number as required by RSA 161-B:11, VI-a and 42 U.S.C. 666(a)(13);
5. 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;
6. The applicant’s home or other personal telephone number;
7. The applicant’s designated e-mail address;
8. Whether the applicant is on active military duty or is the spouse of an individual on active military duty;
9. 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
10. Whether the applicant consents to the disclosure to third parties of any or all of the applicant’s contact information.

Source. #13606, eff 5-1-2023

Plc 306.05 Documentation Required for Temporary License Application

Applicants under this part shall provide the following with the application submitted pursuant to Plc 306.03:

1. For an applicant who is on active military duty, confirmation of military status obtained as provided in Plc 304.04(e);
2. 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
3. For any applicant, proof of licensure in a state or territory of the U.S. that:
   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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 306.06 Decisions on Applications for Temporary License

1. 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.
2. 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.
3. 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.
4. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 306.07 Duration and Expiration of Temporary License under RSA 310:16

1. 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.
2. 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.
3. 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.
4. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

PART Plc 307 LICENSEE OBLIGATIONS; INACTIVE STATUS FOR RESERVE MILITARY CALLED TO ACTIVE DUTY

Plc 307.01 Applicability

1. Plc 307.02 through Plc 307.05 shall apply to any person who has obtained a license to practice a regulated profession, whether an initial license, temporary license, provision license, renewal license, or apprentice registration, and whether issued directly by a board or by the OPLC.
2. 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.
3. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 307.02 Licensee Obligations for Notifications

1. 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.
2. 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.
3. 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 orin 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:
      1. Constitutes a sexual offense as defined in the convicting jurisdiction;
      2. Constitutes a violation of controlled substance law; or
      3. Is based on:
         1. Injury or the potential injury to a victim;
         2. Any form of theft that would be covered in New Hampshire by RSA 637; or
         3. Any form of crime involving dishonesty, including but not limited to fraud, blackmail, extortion, graft, hoax, misrepresentation, or forgery.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 307.03 Licensee Responsibilities for Renewal

Each licensee shall:

1. Know when the licensee’s license is due to expire; and
2. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 307.04 Licensee Obligations for Continuing Competence

Each licensee shall comply with all continuing competence requirements established in applicable law.

Source. #13955, eff 5-3-2024

Plc 307.05 Obligations of Persons Subject to These Rules

1. Each person subject to these rules shall comply with all applicable law.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. Each person subject to these rules shall interact with colleagues and clients or patients, as applicable, with honesty and integrity.
9. No person subject to these rules shall misrepresent professional qualifications or credentials.
10. Each person subject to these rules shall treat all individuals with whom the person interacts in a professional capacity with respect and civility.
11. 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.
12. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 307.06 Inactive Status for Reserve Military Called to Active Duty

1. 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.
2. 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.
3. The licensee shall sign and date the request prior to submitting it to the OPLC.
4. 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.

Source. #13955, eff 5-3-2024

Plc 307.07 Reactivation from Inactive Status

1. 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 paymentof 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.
2. 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.
3. 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.
4. The lciensee shall sign and date the request prior to filing it with the OPLC.
5. 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 conmpetence are required, provided that:
   1. If a fee and proof of continuing competence are required  but were not provided, the licensing bureau shal notify the licensee in writing sent ot the designated email address that:
      1. Identifies the information or fee, or both, that must be submitted before the license will be reactivated; and
      2. Establishes a deadline for submitting the required item(s), which shall be no sooner than 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.

Source. #13955, eff 5-3-2024

PART Plc 308 RENEWALS; CONTINUING EDUCATION

Plc 308.01 Applicability; License Expiration

1. The provisions of this part shall apply to any licensee who has not filed a renewal application on or before the 2024 effective date of this part.
2. As provided in RSA 310:8, II, all issued licenses shall expire 2 years from the date the license was issues, 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.
3. As provided in RSA 310:8, III:
   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 shall not be authorized to practice unless and until the license has been reinstated or reobtained in accordance with Plc 312.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.02 Eligibility for Renewal

A licensee shall be eligible to renew the license held if the licensee has:

1. Met applicable continuing competence requirements;
2. Met any other requirements for renewal eligibility established in applicable law; and
3. Paid any monetary penalties that have been assessed against the licensee by an applicable board.

Source. #13606, eff 5-1-2023

Plc 308.03 Notification of Pending License Expiration

1. 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.
2. 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 beore the expiration date shall result in the license expiring; and
   2. A registration code, if one is necessary, for the licensee to renew on-line or, if the renewal application is not yet available on-line, a renewal application.
3. As provided in RSA 310:8, IV, failure to receive notice shall not relieve any licensee of the obligation to renew their license, comply wit hthe rules of the OPLC, the rules of the applicable board, or RSA 310:8.
4. If a licensee does not receive a registration code or application as provided in (b)(2), above, the licensee shall contact the OPLC at customersupport@oplc.nh.gov to obtain a registration code or application.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.04 Continuing Competence; Documentation and Audits

1. Each licensee shall comply with all continuing education or continuing competence requirements specified in applicable law.
2. 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.
3. 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 licenseterm and most recent renewal period, which may be retained in the on-line system when available.
4. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.05 Application for License Renewal

1. 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 practiable for the applicant, the application package shall be submitted by mailing to the address specified in Plc 102.03 so that the package is received by the OPLC on or before the expiration date.
2. 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 April 2024, that is signed and attested to as provided in Plc 308.08;
   2. Attestation or proof of having met applicable continuing education requirements, as required by applicable law;
   3. The supporting documentation identified in Plc 308.07; and
   4. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.06 Information Required for Renewal Applications

The applicant shall provide the following information on the form identified in Plc 308.05(b)(1):

1. The applicant’s profession and the license number and expiration date of the license;
2. For individuals, the following:
   1. The applicant’s full legal name, including any suffix such as “Jr.” or “III”, and any name(s) under which the applicant holds or has held a professional license;
   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, physical address, 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:
      1. The business address, and telephone number; and
      2. 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 the purpose of workforce data analysis, provided that "prefer not to answer" shall be an acceptable response to any question:
      1. Highest level of education, whether or not related to the profession in which licensure is being sought;
      2. Relative to the applicant's employment status, whether the applicant is:
         1. Actively working in a position that requires the license being applied for;
         2. Actively working in a position in the same profession that does not require this license;
         3. Actively working in a position in a different profession;
         4. Not currently working; or
         5. Retired;
      3. Relative to the applicant's employment plans for the next 2 years, whether the applicant intends to:
         1. Increase hours in a field related to this license;
         2. Decrease hours in a field related to this license;
         3. Seek employment in a field unrelated to this license;
         4. Retire;
         5. Continue as is; or
         6. Not sure or plans unknown;
      4. Idenification of the specialty, field, or area of practice in which the applicant spends the most professional time;
      5. Whether the applicant uses telehealth to deliver services to patients;
      6. The state in which the applicant's primary practice is located, if applicable;
      7. The 5-digit zip code of the applicant's priamry practice location, if applicable;
      8. Relative to the applicant's current employement arrangement at their princial practice location, whether the applicant is:
         1. Self-employed or a consultant;
         2. A salaried employee;
         3. An hourly employee;
         4. In temporary employment or Locum Tenens;
         5. Other arrangement; or
         6. Not employed; and
      9. In the applicant's primary employment or practice, whether the applicant's primary role is that of:
         1. Administrator;
         2. Clinical practitioner;
         3. Faculty or other educator;
         4. Researcher;
         5. Other; or
         6. Not applicable;
   10. For applicants in any health care profession:
       1. Identification of the practice setting at the applicant's primary practice location;
       2. What population groups the applicant provides services to;
       3. An estimate of the number of hours per week the applicant spends at their primary practice location; and
       4. An estimate of the number of hours per week the applicant spends 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;
3. For entities, 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 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 conrol over the applicant; and
   10. Any additional information required for entities by applicable law;
4. Identification of all states where the applicant is currently licensed and, for each, the date of most recent licensure and status of the license;
5. A “yes” or “no” answer to the following questions regarding the applicant’s background and character, provided that “not previously reported” shall not include anything 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;
6. Whether the applicant has a DEA registration number and, if so, what the number is;
7. Whether the applicant stores, administers, or dispenses controlled drugs in a setting that is not regulated under RSA 318 relative to pharmacists and pharmacies;
8. 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
9. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.07 Additional Information and 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:

1. 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);
2. If a credential from a regional or national organization is required for licensure, proof that the applicant holds the credential;
3. For applicants who are on active military duty, proof of service status as specified in Plc 304.04(e);
4. For any applicant applying for facilitated licensure as a military spouse, proof of service status and marriage as specified in Plc 304.04(f);
5. For any applicant that is an entity:
   1. A copy of the legal document that confers authority on the authorized signer to sign theapplication 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
6. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.08 Signature and Attestation Required for Renewal Applications

1. 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 submission shall be the date.
2. 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; and
   5. The applicant understands that providing false material information constitutes a misdemeanor under RSA 641:3 relative to falsification in official matters.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.09 Initial Review of Renewal Applications

1. 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.
2. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.10 Withdrawal or Abandonment of Renewal Application

1. An applicant may withdraw the application for licensure renewal at any time prior to being notified of a decision under Plc 308.11.
2. 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.
3. 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.
4. 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.
5. If the application is withdrawn or abandoned, then:
   1. The licensee shall no longer be authorized to practice after the expiraton 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.11 Review of Complete Renewal Applications; Decisions

1. 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 renewal being applied for, provided that if the technical or professional expertise of the applicable board is needed to determine 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.
2. If an application is referred to the applicable board pursuant to (a), above, the applicable board shall inform the licensing bureau of its recommendation regarding whether the applicant meets the qualifications for licensure within 50 days of receiving the application from the licensure bureau, provided that if the board does not so inform the licensure bureau, the licensing bureau shall make a decision without the board's input.
3. 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.
4. 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 before the applicable board within 30 calendar days of the date of the notice, 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.
5. The licensing bureau shall forward the application file, including the denial, to the applicable board when notified that a hearing has been requested.
6. If the applicant does not file a request for a hearing with the applicable board within the time period specified in the notice issued pursuant to (d), above, the denial shall become final.
7. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.12 Challenging a Denial of Renewal Licensure

1. An applicant who wishes to challenge the denial of an application for renewal licensure shall submit a written request for a hearing before the applicable board within 30 days of the notification of denial in accordance with Plc 206.31.
2. Upon receipt of a written request for a hearing under, the applicable board shall commence an adjudicative proceeding as required by RSA 541-A and applicable law.
3. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.13 Renewal Licenses

1. 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
2. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 308.14 Wall Certificates

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.

Source. #13606, eff 5-1-2023

PART Plc 309 ETHICAL AND PROFESSIONAL STANDARDS

Plc 309.01 Purpose and Applicability

1. 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.
2. This part shall apply to any person who receives an initial, temporary, provision, renewal, or reinstated license or an apprentice registration.

Source. #13955, eff 5-3-2024

Plc 309.02 Profession-Specific Ethical and Professional Standards

Each licensee shall adhere to the code of ethics required by the 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.

Source. #13955, eff 5-3-2024

PART Plc 310 COMPLAINTS; INVESTIGATIONS; DISPOSITION WITHOUT ADJUDICTION

Plc 310.01 Applicability

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.

Source. #13955, eff 5-3-2024

Plc 310.02 Rules of Practice and Procedure

The rules in Plc 200 shall govern:

1. Waivers of rules;
2. Voluntary surrender of licenses; and
3. Any other procedures not included in this chapter.

Source. #13955, eff 5-3-2024

Plc 310.03 Complaints

Complaints shall be filed as required in Plc 204.02 and Plc 204.03

Source. #13955, eff 5-3-2024

Plc 310.04 Investigations

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.

Source. #13955, eff 5-3-2024

Plc 310.05 Commencement and Conduct of Disciplinary Proceedings

If the executive director determines that, based on the results of an investigtion, 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 provdied in RSA 541-A, Plc 200, and applicable law.

Source. #13955, eff 5-3-2024

Plc 310.06 Settlement Procedures; Non-Disciplinary Remedial Actions

The provisions of Plc 205 shall apply to:

1. Any disciplinary matter that does not proceed to an adjudicative hearing or that is otherwise settled by agreement between the parties; and
2. Any proceeding to impose non-disciplinary remedial measures.

Source. #13995, eff 5-3-2024

PART Plc 311 DISCIPLINARY PROCEEDINGS; LICENSE CONDITIONS

Plc 311.01 Purpose

The purpose of this part is to establish standard procedures for conducting disciplinary or non-disciplinary remedial proceedings and imposing license conditions.

Source. #13955, eff 5-3-2024

Plc 311.02 Definitions

For purposes of this part, the following definitions shall apply:

1. "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;
2. "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:
      1. 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
      2. More than 3 violations that are correctedby the respondent after a regulatory authority has notified the respondent, in writing, of the violations and the need to correct then, 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;
3. "Regulatory authority" means, unless specifically limited to New Hampshire:
   1. "Board" as defined in Plc 302; and
   2. Any comparable authority in any other jurisdiction in which a licensee is authorized to practice; and
4. "Respondent" means the person against whom a disciplinary or non-disciplinary remedial proceeding is initated.

Source. #13955, eff 5-3-2024

Plc 311.03 Additional Grounds for Denying an Initial License Application

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:

1. 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;
2. 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;
3. The applicant has failed to comply wit hany order issued by a regulatory authority, unless the applicant is complying in accordance with a compliance schedule and is current with all items;
4. 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;
5. 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
6. The applicant is a chronic non-complier.

Source. #13955, eff 5-3-2024

Plc 311.04 Additional Grounds for Suspension, Revocation, or Refusal to Renew

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:

1. The licensee 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;
2. The licensee 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;
3. The licensee has failed to comply wit hany order issued by a regulatory authority, unless the applicant is complying in accordance with a compliance schedule and is current with all items;
4. 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 applicant is current with all payments;
5. 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 applicant is complying in accordance with a compliance schedule and is current with all items; or
6. The licensee is a chronic non-complier.

Source. #13995, eff 5-3-2024

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

1. 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.
2. 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.

Source. #13995, eff 5-3-2024

Plc 311.06 License Conditions

1. 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.
2. 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.
3. The detemination 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.
4. The licensee may appeal any conditions included in a license pursuant to this section in accordance with existing appeal routes established under applicable law.

Source. #13995, eff 5-3-2024

Plc 311.07 Misconduct

1. Any conduct identified in the RSA 310:12 or the applicable board's practice act, or both, as professional misconduct;
2. Knowingly, recklessly, or negligently providing inaccurate material information to the OPLC or applicable board or failing to provide complete and truthful mateiral 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;
3. Willfully or repeatedly violating:
   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;
4. 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;
5. Being subject to final disciplinary action that reults 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
6. Practicing a regulated profession without a current license.

Source. #13995, eff 5-3-2024

Plc 311.08 Sanctions

1. 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.
2. 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.

Source. #13606, eff 5-1-2023; ss by #13995, eff 5-3-2024

Plc 311.09 Procedures for Imposing Sanctions; Notice to Other Jurisdictions and Organizations

1. 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.
2. 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.

Source. #13606, eff 5-1-2023; ss by #13995, eff 5-3-2024

Plc 311.10 Method for Determining Sanctions

1. To determine which sanction or combination of sanctions to impose, the applicable board shall:
   1. Determine the nature of the act(s) of omission(s) constituting the misconduct committeed 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.
2. 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 miscondcut caused actual harm or posed a material threat of harm to patients, clients, colleagues, or the public.
3. The following shall be considered mitigating circumstances:
   1. The respondent does nto 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.

Source. #13955, eff 5-3-2024

Plc 311.11 Standards for the Selection of Sanctions

The applicable board shall select one or more appropriate sanctions from the available sanctions by choosing 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 profession; and
6. 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.

Source. #13955, eff 5-3-2024

Plc 311.12 Administrative Fines

1. 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.
2. If a board determines, based on Plc 311.11, that an administrative fine is warranted for miscondcut 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:
      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.
3. 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.
4. 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.
5. 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.

Source. #13955, eff 5-3-2024

Plc 311.13  Conditions of License Suspension or Revocation

1. 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.
2. The applicable board shall review the submitted plan of correction and:
   1.  Approve the plan, if it:
      1. Addresses each violation that provided a basis for the disciplinary proceeding; and
      2. 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.
3. A licensee whose license was suspended may request the license to be reactivated as provided in Plc 312.04.
4. 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.
5. An individual whose license has been revoked and who wishes to reobtain a New Hampshire license shall apply for initial licensure in accordance with Plc 312.05.
6.  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.

Source.  #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 311.14  Reciprocal Discipline

1. 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.
2. 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.

Source.  #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 311.15 Burden of Persuasion in Reciprocal Discipline Cases

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).

Source. #13955, eff 5-3-2024

Plc 311.16  Rehearings and Appeals

1. As provided in RSA 310:14, I and II, any person who has been refused a license or certification by the applicable board or who has been disciplined by the applicable board shall have the right to request or petition for a rehearing within 30 days after the original final decision.
2. A petition for rehearing shall be filed and considered as provided in Plc 206.31 and Plc 206.32 relative to petitions for rehearing.
3. 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.”
4. As also provided in RSA 310:4, III, no sanction shall be stayed by the applicable board during an appeal.

Source.  #13606, eff 5-1-2023; ss by #13955, 5-3-2024

PART Plc 312 OBTAINING A LICENSE AFTER EXPIRATION, SUSPENSION, OR REVOCATION

Plc 312.01 Practice Prohibited After License Expiration, Suspension, or Revocation

1. 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.
2. 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.
3. Any person whose license is suspended shall not practice in New Hampshire unless and until a license is reinstated or reobtained as specified in Plc 312.04.
4. Any person whose license is revoked shall not practice in New Hampshire unless and until a license is reobtained by applying for initial licensure as specified in Plc 312.05.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 312.02 Reinstatement of Expired License Not More Than One Year After Expiration

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:

1. Met all continuing competence requirements; and
2. Retained or re-obtained the certification(s) or other credential(s) required for licensure, if any.

Source. #13606, eff 5-1-2023; ss by #13955, eff-5-3-2024

Plc 312.03 Process if License Has Been Expired More than One Year

An individual whose license has been expired more than one year who wishes to obtain a license shall:

1. Apply for initial licensure as provided in Plc 304; and 
2. 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.

Source. #13955, eff 5-3-2024

Plc 312.04 Reinstatement of Suspended Licenses

1. Any license that has been suspended shall be subject to reinstatement within 30 days of the end of the specified suspension term or within one year of expiration of the suspended license, whichever is later.
2. An individual whose license was suspended who wishes to have the license reinstated 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 activites and paying any monetary penalties imposed, but not paying any additional application or reinstatement 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:
      1. Submit an application for reinstatement licensure in accordance with Plc 312.02, including paying the application-related fees and demonstrating all requirements for reinstatement have been met;
      2. Pay all monetary penalties imposed, if any;
      3. Pay the costs associated with the suspension, if imposed pursuant to RSA 310:12, V or other applicable law; and
      4. Demonstrate that all conditions imposed in the suspension order have been met.
3. Reinstated licenses shall be:
   1. Fully reinstated; or
   2. Conditionally reinstated, with conditions specified pursuant to Plc 311.06.
4. Any person whose license was suspended who does not apply for 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

Plc 312.05 Application After Revocation of License

1. 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:
      1. Holds any certification(s) or other credential(s) required for licensure; and 
      2. 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:
      1. All conditions imposed in the revocation order have been met;
      2. All monetary penalties imposed have been paid; and
      3. Any waiting period established by applicable law has been met.
2. 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 Plc 200 to determine whether to deny the application or to reinstate the license with conditions.
3. 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.

Source. #13606, eff 5-1-2023; ss by #13955, eff 5-3-2024

PART Plc 313  LICENSURE BY ENDORSEMENT

Plc 313.01  Purpose  

The purpose of the rules in Plc 313 is to implement Laws of 2023, ch. 111, effective August 27, 2023, relative to issuing licenses to applicants who are licensed in another jurisdiction that has substantially similar requirements.

Source.  #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024

Plc 313.02  Applicability 

1. 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 Alcohol and Other Drug Use Professional Certified Recovery Support Worker Licensed Alcohol and Other Drug Use Professional	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
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 Weland Scientist	RSA 310-A:75-96	Board of natural scientists
Doctor of Naturopathic Medicine	RSA 328-J	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	Bord 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

 

2. This part shall not apply to:
   1. Auctioneers;
   2. Family mediators;
   3. Guardian 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 obard; or
   10. The professions regulated by the real estate commission.
3. 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.

Source.  #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13954, eff 5-3-2024

Plc 313.03  Applications for Licensure by Endorsement  

An applicant for licensure by endorsement shall:

1. 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:
   1. A completed “Universal Application for License by Endorsement”, dated April 2024, that contains the information required by Plc 313.04 and is signed and attested to as specified in Plc 304.05;
   2. The documentation specified in Plc 304.04 and Plc 313.05; and
   3. 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 and licensing fees applies; and
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.

Source.  #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13954, eff 5-3-2024

Plc 313.04  Information Required for Initial License Application  

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.

Source.  #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13954, eff 5-3-2024

Plc 313.05  Documentation Required for Initial License Application 

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:

1. Primary source verification from the jurisdiction identified pursuant to Plc 304.04(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; 
2. 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
3. If applicable, the evaluation of foreign credentials required by Plc 313.12.

Source.  #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13954, eff 5-3-2024

Plc 313.06  Processing of Applications for a License by Endorsement; Decisions

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

Source.  #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13954, eff 5-3-2024

Plc 313.07  License by Endorsement: Issuance

1. Each license by endorsement issued under this part shall specify:
   1. The name of the licensee;
   2. The profession in which the licensee is authorized to practice;
   3. The expiration date of the license; and
   4. The license number.

Source. #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13954, eff 5-3-2024

Plc 313.08 Duration of License by Endorsement

1. 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.
2. 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 final appeal taken.

Source.  #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13954, eff 5-3-2024

Plc 313.09  Obligations of Licensees by Endorsement 

Upon issuance of a license or provisional license under this part, the licensee shall become subject to:

1. Plc 307 relative to licensee obligations;
2. Plc 308 relative to license renewal; 
3. Plc 309 through Plc 312; and
4. The regulatory authority of the applicable board.

Source.  #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13954, eff 5-3-2024

Plc 313.10  Definitions Related to Substantially Similar Requirements 

For purposes of establishing substantially similar requirements, the following definitions shall apply:

1. “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;
2. "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.;
3. “License by substantive qualification” means the requirements for obtaining a license by submitting primary sourse verification of meeting applicable education, training, and examination requirements of the licensing jurisdiction. The terms does not include any license obtained by merely or primarily showing proof of licensure in a different jurisdiction, such as for endorsement or reciprocity;
4. “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; and
5. “State-approved” means approved by the licensing jurisdiction, whether a state, territory, county, county-equivalent, or municipality.

Source.  #13763, INTERIM, eff 5-1-2023; EXPIRES: 4-12-2024; ss by #13954, eff 5-3-2024

Plc 313.11 Waivers of Stated Criteria

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.

Source. #13954, eff 5-3-2024

Plc 313.12 Evaluation of Foreign Credentials Required

1. 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/.
2. 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/.

Source. #13954, eff 5-3-2024

Plc 313.47  Substantially Similar Requirements for Professions Regulated by the Governing Board of Physical Therapists  

1. 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:
      1. Graduate from an accredited professional physical therapy program; and
      2. 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:
      1. Graduate from an accredited physical therapy assistant education program; and
      2. Pass the FSBPT's National Physical Therapy Examination for Physical Therapist Assistants.
2. Individuals applying for licensure as a physical therapist or physical therapist assistant also shall pass a New Hampshire jurisprudence exam.

Source. #13954, eff 5-3-2024

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CHAPTER Plc 800

TEMPORARY AND EMERGENCY LICENSURE OF HEALTH CARE AND OTHER PROFESSIONALS

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PART Plc 801 TEMPORARY LICENSURE

Plc 801.01  Purpose  

The purpose of the rules in Plc 801 is to implement RSA 310-A:1-f 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.

Source.  #13292, eff 11-24-2021

Plc 801.02  Applicability

1. Except as provided in (b) and (c), below, Plc 801 shall apply to any out-of-state professional whose profession is licensed within this state and who has an active license in good standing in another jurisdiction.
2. As provided in RSA 332-G:14, II, Plc 801 shall not apply to any profession for which the regulatory board, commission, or council has:
   1. Determined that another state’s licensure is not comparable to New Hampshire’s in education, training, experience, or scope of practice; and
   2. Published the determination on its website.
3. No person who already holds a New Hampshire license shall apply for a temporary license under RSA 310-A:1-f, RSA 332-G:14, or Plc 801.

Source.  #13292, eff 11-24-2021

Plc 801.03  Duration  

As provided in RSA 310-A:1-f, II and RSA 332-G:14, IV, a temporary license issued under Plc 801 shall remain valid for 120 days or until the board, council, or commission takes action on application for full licensure, whichever occurs first.

Source.  #13292, eff 11-24-2021

Plc 801.04  Applications for Temporary License  

An applicant for a temporary license shall submit the information and verification specified in Plc 801.05, the acknowledgement and attestation specified in Plc 801.06, and the temporary license application fee specified in Plc 1001 electronically to the executive director of the office of professional licensure and certification (OPLC) via the state’s licensing portal at the following address: https://www.app-support.nh.gov/licensing. 

Source.  #13292, eff 11-24-2021

Plc 801.05  Information and Verification Required to Apply for a Temporary License 

An applicant for a temporary license shall provide the following information and verification:

1. Preferred prefix, such as “Mr.”, “Mrs.” or “Dr.”, and full name;
2. Social security number, as required by RSA 161-B:11, VI-a;
3. Date of birth, including the month, day, and year;
4. Home address, including the city, state, zip code, and country;
5. Telephone number including area code;
6. Personal email address;
7. Identification of each state where the professional holds an active license and whether the license is in good standing;
8.  An answer to the question “Have you committed any acts or omissions that are grounds for disciplinary action in another jurisdiction?”
9.  If the answer to the question in (h) is in the affirmative, a detailed letter of explanation explaining the circumstances for the disciplinary action; and
10.  Verification of licensure from a state listed in (g) that has licensure requirements in the applicable profession that are equivalent to or greater than those of New Hampshire, in the form of an official verification or a printout from an online license verification system.

Source.  #13292, eff 11-24-2021

Plc 801.06  Required Acknowledgement and Attestation 

An applicant for a temporary license shall provide the following acknowledgement and attestation by indicating:

1. Agreement with the following statement:

“I acknowledge that knowingly making a false statement on this application is a misdemeanor under RSA 641.  I certify that the information I have provided on the application for temporary licensure and in the documents that I have submitted to support my application is true, complete, and not misleading to the best of my knowledge and belief.  I understand knowingly providing false or misleading information constitutes grounds for denial of the application or revocation of any license issued based on the information.”; and

2. Agreement with the following statement:

“I attest that I am the applicant who has completed this application for a license and will receive and practice under said license.”

Source.  #13292, eff 11-24-2021

Plc 801.07  Processing of Applications

1. As required by RSA 332-G:14, IV, the executive director of the OPLC 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 801.04, including without limitation proof that he or she holds an equivalent license in good standing in another jurisdiction and has committed no acts or omissions that are grounds for disciplinary action in another jurisdiction.
2. 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.
3.  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.

Source.  #13292, eff 11-24-2021

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CHAPTER Plc 1000

FEES, PER DIEMS, AND REINBURSEABLE EXPENSES

---

PART Plc 1001 PURPOSE; APPLICABILITY; DEFINITIONS; GENERALLY-APPLICABLE FEES

Plc 1001.01  Purpose

The purpose of this chapter is to establish the fees charged for processing applications and for other services provided by or for the office of professional licensure and certification (OPLC) and by or for the boards listed in RSA 310:2, II, hereinafter referred to as “supported boards”.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022; ss by #13838, eff 1-26-2024

Plc 1001.02  Applicability

1. The rules in this chapter shall apply to the identified application processing and licensing and other service(s) provided by or for the OPLC or supported board, as identified in the section that establishes the fee.
2. 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.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022; ss by #13838, eff 1-26-2024

Plc 1001.03  Incorporated Definitions

1. The definitions in Plc 100 shall apply to this chapter.
2. 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.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022

Plc 1001.04 Chapter-Specific Definitions  

The following definitions shall apply to this chapter:

1. “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
2. “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.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022

Plc 1001.05  Fees for Providing Copies of Documents or Electronic Information 

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

Source.  #13328, eff 7-8-2021; ss by #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022; ss by #13838, eff 1-26-2024

Plc 1001.06  Credit or Debit Card Service Fee

Reserved

Source.  #13328, eff 7-8-2021; ss by #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022; ss by #13838, eff 1-26-2024

Plc 1001.07  Temporary License Application Fee

1. 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 $25 per application, whether the license is applied for under any rule in title Plc or any rule adopted by a supported board.
2. 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.
3. 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.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022; ss by #13507, eff 12-16-2022; ss by #13838, eff 1-26-2024

Plc 1001.08  Professionals’ Health Program Fee

1. 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 licensed 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.
2. 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.
3. 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.
4. The OPLC shall deposit professionals’ health program fee payments in the New Hampshire health professionals’ program administration fund established by RSA 310:5, III.
5. The professionals’ health program fee shall be separate from, and in addition to, the application processing fee established in Plc 1002.

Source.  #13328, eff 7-8-2021; ss by #13264, INTERIM, eff 9-22-2021; ss by 13336, eff 1-27-22; ss by #13390, eff 7-15-2022; ss by #13838, eff 1-26-2024

Plc 1001.09  Fee for Replacement of License or Certificate

1. No fee shall be paid for a replacement license or certificate that is issued electronically.
2. 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.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022

Plc 1001.10  Fee for Wall Display Certificate - Original or Replacement

1. 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.
2. 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.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022; ss by #13838, eff 1-26-2024

Plc 1001.11  Fee for Retired or Inactive Status 

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.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022; ss by #13838, eff 1-26-2024

Plc 1001.12  Fee for Returned Checks, Drafts, and Money Orders  

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.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022; ss by #13838, eff 1-26-2024

Plc 1001.13  No Additional Fee for Late Renewal

No additional fee shall be charged to a licensee who files an application for renewal after the deadline established in the applicable statute or rules.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022

Plc 1001.14  No Fees For Certain Services

No fee shall be charged for any of the following:

1. Providing a replacement for a pocket card or identification card;
2. Reviewing a course to determine its suitability for pre-licensing education credit;
3. Filing a complaint or a petition for declaratory ruling; or
4. Providing a copy of a roster or mailing list.

Source.  #13264, INTERIM, eff 9-22-2021; ss by #13336, eff 1-27-2022; ss by #13390, eff 7-15-2022

Plc 1001.15  Fee for A Letter of Good Standing or Other Verification of Licensure Status    

The fee for providing a letter of good standing or other verification of licensure status shall be $10 per letter or other verification provided.

Source.   #13390, eff 7-15-2022

PART Plc 1002  APPLICATION PROCESSING, EXAMINATION, INITIAL INSPECTION, AND LICENSING FEES SPECIFIC TO EACH PROFESSION

Plc 1002.39  Application 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	Duration	Fee
Physical therapist license application processing and licensing:
Initial, renewal, or reinstatement after expiration date of prior license	2 years	$110
Physical therapist assistant license application processing and licensing:
Initial, renewal, or reinstatement after expiration date of prior license	2 years	$110

 

 

 

 

 

 

 

 

 

 

Source.  #13703, eff 8-1-2023

PART Plc 1003  PER DIEM COMPENSATION; REIMBURSABLE EXPENSES

Plc 1003.01  Purpose and Applicability

1. 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 their attendance at meetings and partially reimbursed for expenses.
2. 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”.

Source.  #13266, INTERIM, eff 9-22-2021; ss by #13316, eff 12-22-2021; ss by #13952, eff 5-15-2024

Plc 1003.02  Definitions  

For purposes of this part and for reimbursement, the following definitions shall apply:

1. "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; 
2. “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;
3.  “Member” means an individual who has been appointed as required by applicable law to serve on a supported board or on a sub-unit;
4. "Per day", for purposes of per diem reimbursement for board-related business, means per calendar day or portion thereof;
5. “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
6. “Sub-unit” means a statutorily-created committee or subcommittee of a supported board.

Source.  #13266, INTERIM, eff 9-22-2021; ss by #13316, eff 12-22-2021; ss by #13387, eff 5-26-2022; ss by #13952, eff 5-15-2024

Plc 1003.03  Classification of Boards, Commissions, and Councils 

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:

1. 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 committeee 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. Guardians 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 underRSA 328-J;
   21. Board of registration of medical technicians established under RSA 328-J;
   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 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;
2. 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:4; and
   10. Board of veterinary medicine established under RSA 332-B;
3. Class C boards shall be the following:
   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 under RSA 326-B;
   5. N.H. pharmacy board established under RSA 318; and
   6. Real estate commission established under RSA 331-A;  
4. All sub-units shall be classified as class A.

Source.  #13266, INTERIM, eff 9-22-2021; ss by #13316, eff 12-22-2021; ss by #13952, eff 5-15-2024

Plc 1003.04  Per Diem Reimbursement

1. 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.
2. 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 da of board-related busines conducted; and
   3. Members of a class C board shall receive $115 per meeting attended or per day of board-related business conducted.
3. To receive per diem reimbursement, 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.
4. 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.
5. 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 administrtor's knowledge and belief.
6. To request per diem payment for board-related business, the member shall:
   1. Complete, sigh, 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.
7. 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.
8. 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. Identiy 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.
9. 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.
10. 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.

Source.  #13266, INTERIM, eff 9-22-2021; ss by #13316, eff 12-22-2021; ss by #13952, eff 5-15-2024

Plc 1003.05  Reimbursable Travel Expenses

1. 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.
2.  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 Collective Bargaining Agreement.
3. Total reimbursable mileage shall be determined as follows:
   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

4. 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.
5. 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.
6. 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.
7. 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.
8. The notice sent pursuant to (g), above, shall specify the reason for the denial.

Source.  #13266, INTERIM, eff 9-22-2021; ss by #13316, eff 12-22-2021; ss by #13952, eff 5-15-2024

Plc 1003.06  Requests for Reimbursable Travel Expenses

1.  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.
2. No member shall submit a request more frequently than once in any calendar month.
3. 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 the 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.
4. 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.
5. 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 busienss 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.

Source.  #13266, INTERIM, eff 9-22-2021; ss by #13316, eff 12-22-2021; ss by #13952, eff 5-15-2024

Plc 1003.08 Authorization to Receive a Per Diem and Travel Reimbursement for Board-Related Business

1. 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 busienss 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:
      1. The purpose of the event and a description of the content to be provided;
      2. The location of the event;
      3. The date or dates on which the event is planned to occur; and
      4. 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.
2. 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.
3. 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:
      1. The request form is complete and signed and dated by the member requesting the authorization;
      2. If the board-related business is attending a scheduled event, a copy of the event literature is attached; and
      3. 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.
4. 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.
5. The executive director shall approve a request to attend a schedule event if:
   1. All information required by (a), above, has been submitted and the member has signed and dated the rquest form required by (a)(1), above;
   2. The event is intended to provide information about board administrator 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.
6. The executive director shall approve a request to conduct other business if:
   1. All information required by (a), above, has been submitted and the member has signed nd 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.
7. 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.
8. The executive director shall indicate approval by signing and dating the form.
9. The executive director shall return the form to the board administrator.
10. 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.

Source. #13952, eff-5-15-2024

Preamble

The Standards of Ethical Conduct for the Physical Therapist Assistant (Standards of Ethical Conduct) delineate the ethical obligations of all physical therapist assistants as determined by the House of Delegates of the American Physical Therapy Association (APTA). The Standards of Ethical Conduct provide a foundation for conduct to which all physical therapist assistants shall adhere. Physical therapist assistants are guided by a set of core values (accountability, altruism, collaboration, compassion and caring, duty, excellence, integrity, and social responsibility). Throughout the document the primary core values that support specific principles are indicated in parenthesis. Fundamental to the Standards of Ethical Conduct is the special obligation of physical therapist assistants to enable patients and clients to achieve greater independence, health and wellness, and enhanced quality of life.

No document that delineates ethical standards can address every situation. Physical therapist assistants are encouraged to seek additional advice or consultation in instances where the guidance of the Standards of Ethical Conduct may not be definitive. The APTA Guide for Conduct of the Physical Therapist Assistant and Core Values for the Physical Therapist and Physical Therapist Assistant provide additional guidance. 

---

Standards

Standard #1: Physical therapist assistants shall respect the inherent dignity, and rights, of all individuals.
(Core Values: Compassion and Caring, Integrity)

1A. Physical therapist assistants shall act in a respectful manner toward each person regardless of age, gender, race, nationality, religion, ethnicity, social or economic status, sexual orientation, health condition, or disability.

1B. Physical therapist assistants shall recognize their personal biases and shall not discriminate against others in the provision of physical therapy services.

Standard #2: Physical therapist assistants shall be trustworthy and compassionate in addressing the rights and needs of patients and clients.
(Core Values: Altruism, Collaboration, Compassion and Caring, Duty)

2A. Physical therapist assistants shall act in the best interests of patients and clients over the interests of the physical therapist assistant.

2B. Physical therapist assistants shall provide physical therapy interventions with compassionate and caring behaviors that incorporate the individual and cultural differences of patients and clients.

2C. Physical therapist assistants shall provide patients and clients with information regarding the interventions they provide.

2D. Physical therapist assistants shall protect confidential patient and client information and, in collaboration with the physical therapist, may disclose confidential information to appropriate authorities only when allowed or as required by law.

Standard #3: Physical therapist assistants shall make sound decisions in collaboration with the physical therapist and within the boundaries established by laws and regulations.
(Core Values: Collaboration, Duty, Excellence, Integrity)

3A. Physical therapist assistants shall make objective decisions in the patient's or client's best interest in all practice settings.

3B. Physical therapist assistants shall be guided by information about best practice regarding physical therapist interventions.

3C. Physical therapist assistants shall make decisions based upon their level of competence and consistent with patient and client values.

3D. Physical therapist assistants shall not engage in conflicts of interest that interfere with making sound decisions.

3E. Physical therapist assistants shall provide physical therapist services under the direction and supervision of a physical therapist and shall communicate with the physical therapist when patient or client status requires modifications to the established plan of care.

Standard #4: Physical therapist assistants shall demonstrate integrity in their relationships with patients and clients, families, colleagues, students, research participants, other health care providers, employers, payers, and the public.
(Core Value: Integrity)

4A. Physical therapist assistants shall provide truthful, accurate, and relevant information and shall not make misleading representations.

4B. Physical therapist assistants shall not exploit persons over whom they have supervisory, evaluative or other authority (eg, patients and clients, students, supervisees, research participants, or employees).

4C. Physical therapist assistants shall not engage in any sexual relationship with any of their patients and clients, supervisees, or students.

4D. Physical therapist assistants shall not harass anyone verbally, physically, emotionally, or sexually.

4E. Physical therapist assistants shall discourage misconduct by physical therapists, physical therapist assistants, and other health care professionals and report illegal or unethical acts, including verbal, physical, emotional, or sexual harassment, to an appropriate authority with jurisdiction over the conduct.

4F. Physical therapist assistants shall report suspected cases of abuse involving children or vulnerable adults to the appropriate authority, subject to law.

Standard #5: Physical therapist assistants shall fulfill their legal and ethical obligations.
(Core Values: Accountability, Duty, Social Responsibility)

5A. Physical therapist assistants shall comply with applicable local, state, and federal laws and regulations.

5B. Physical therapist assistants shall support the supervisory role of the physical therapist to ensure quality care and promote patient and client safety.

5C. Physical therapist assistants involved in research shall abide by accepted standards governing protection of research participants.

5D. Physical therapist assistants shall encourage colleagues with physical, psychological, or substance-related impairments that may adversely impact their professional responsibilities to seek assistance or counsel.

5E. Physical therapist assistants who have knowledge that a colleague is unable to perform their professional responsibilities with reasonable skill and safety shall report this information to the appropriate authority.

Standard #6: Physical therapist assistants shall enhance their competence through the lifelong
acquisition and refinement of knowledge, skills, and abilities.
(Core Value: Excellence)

6A. Physical therapist assistants shall achieve and maintain clinical competence.

6B. Physical therapist assistants shall engage in lifelong learning consistent with changes in their roles and responsibilities and advances in the practice of physical therapy.

6C. Physical therapist assistants shall support practice environments that support career development and lifelong learning.

Standard #7: Physical therapist assistants shall support organizational behaviors and business practices that benefit patients and clients and society.
(Core Values: Integrity, Accountability)

7A. Physical therapist assistants shall promote work environments that support ethical and accountable decision-making.

7B. Physical therapist assistants shall not accept gifts or other considerations that influence or give an appearance of influencing their decisions.

7C. Physical therapist assistants shall fully disclose any financial interest they have in products or services that they recommend to patients and clients.

7D. Physical therapist assistants shall ensure that documentation for their interventions accurately reflects the nature and extent of the services provided.

7E. Physical therapist assistants shall refrain from employment arrangements, or other arrangements, that prevent physical therapist assistants from fulfilling ethical obligations to patients and clients

Standard #8: Physical therapist assistants shall participate in efforts to meet the health needs of people locally, nationally, or globally.
(Core Value: Social Responsibility)

8A. Physical therapist assistants shall support organizations that meet the health needs of people who are economically disadvantaged, uninsured, and underinsured.

8B. Physical therapist assistants shall advocate for people with impairments, activity limitations, participation restrictions, and disabilities in order to promote their participation in community and society.

8C. Physical therapist assistants shall be responsible stewards of health care resources by collaborating with physical therapists in order to avoid overutilization or underutilization of physical therapist services.

8D. Physical therapist assistants shall educate members of the public about the benefits of physical therapy.

History: Originally adopted by APTA HOD June 1982. Last amended by APTA HOD June 2020.

Preamble

The Code of Ethics for the Physical Therapist (Code of Ethics) delineates the ethical obligations of all physical therapists as determined by the House of Delegates of the American Physical Therapy Association (APTA). The purposes of this Code of Ethics are to:

1. Define the ethical principles that form the foundation of physical therapist practice in patient and client management, consultation, education, research, and administration.
2. Provide standards of behavior and performance that form the basis of professional accountability to the public.
3. Provide guidance for physical therapists facing ethical challenges, regardless of their professional roles and responsibilities.
4. Educate physical therapists, students, other health care professionals, regulators, and the public regarding the core values, ethical principles, and standards that guide the professional conduct of the physical therapist.
5. Establish the standards by which the American Physical Therapy Association can determine if a physical therapist has engaged in unethical conduct. 

No code of ethics is exhaustive nor can it address every situation. Physical therapists are encouraged to seek additional advice or consultation in instances where the guidance of the Code of Ethics may not be definitive. The APTA Guide for Professional Conduct and Core Values for the Physical Therapist and Physical Therapist Assistant provide additional guidance.

This Code of Ethics describes the desired behavior of physical therapists in their multiple roles (eg, management of patients and clients, consultation, education, research, and administration), addresses multiple aspects of ethical action (individual, organizational, and societal), and reflects the core values of the physical therapist (accountability, altruism, collaboration, compassion and caring, duty, excellence, integrity, and social responsibility). Throughout the document the primary core values that support specific principles are indicated in parentheses. Unless a specific role is indicated in the principle, the duties and obligations being delineated pertain to the five roles of the physical therapist. Fundamental to the Code of Ethics is the special obligation of physical therapists to empower, educate, and enable those with impairments, activity limitations, participation restrictions, and disabilities to facilitate greater independence, health, wellness, and enhanced quality of life. 

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Principles

Principle #1: Physical therapists shall respect the inherent dignity and rights of all individuals.
(Core Values: Compassion and Caring, Integrity)

1A. Physical therapists shall act in a respectful manner toward each person regardless of age, gender, race, nationality, religion, ethnicity, social or economic status, sexual orientation, health condition, or disability.

1B. Physical therapists shall recognize their personal biases and shall not discriminate against others in physical therapist practice, consultation, education, research, and administration.

Principle #2: Physical therapists shall be trustworthy and compassionate in addressing the rights and needs of patients/clients.
(Core Values: Altruism, Collaboration, Compassion and Caring, Duty)

2A. Physical therapists shall adhere to the core values of the profession and shall act in the best interests of patients/clients over the interests of the physical therapist.

2B. Physical therapists shall provide physical therapy services with compassionate and caring behaviors that incorporate the individual and cultural differences of patients/clients.

2C. Physical therapists shall provide the information necessary to allow patients or their surrogates to make informed decisions about physical therapy care or participation in clinical research.

2D. Physical therapists shall collaborate with patients/clients to empower them in decisions about their health care.

2E. Physical therapists shall protect confidential patient/client information and may disclose confidential information to appropriate authorities only when allowed or as required by law.

Principle #3: Physical therapists shall be accountable for making sound professional judgments.
(Core Values: Collaboration, Duty, Excellence, Integrity)

3A. Physical therapists shall demonstrate independent and objective professional judgment in the patient’s/client’s best interest in all practice settings.

3B. Physical therapists shall demonstrate professional judgment informed by professional standards, evidence (including current literature and established best practice), practitioner experience, and patient/client values.

3C. Physical therapists shall make judgments within their scope of practice and level of expertise and shall communicate with, collaborate with, or refer to peers or other health care professionals when necessary.

3D. Physical therapists shall not engage in conflicts of interest that interfere with professional judgment.

3E. Physical therapists shall provide appropriate direction of and communication with physical therapist assistants and support personnel.

Principle #4 Physical therapists shall demonstrate integrity in their relationships with patients/clients, families, colleagues, students, research participants, other health care providers, employers, payers, and the public.
(Core Value: Integrity)

4A. Physical therapists shall provide truthful, accurate, and relevant information and shall not make misleading representations.

4B. Physical therapists shall not exploit persons over whom they have supervisory, evaluative or other authority (eg, patients/clients, students, supervisees, research participants, or employees).

4C. Physical therapists shall not engage in any sexual relationship with any of their patients and clients, supervisees, or students.

4D. Physical therapists shall not harass anyone verbally, physically, emotionally, or sexually.

4E. Physical therapists shall discourage misconduct by physical therapists, physical therapist assistants, and other health care professionals and report illegal or unethical acts, including verbal, physical, emotional, or sexual harassment, to an appropriate authority with jurisdiction over the conduct.

4F. Physical therapists shall report suspected cases of abuse involving children or vulnerable adults to the appropriate authority, subject to law.

Principle #5: Physical therapists shall fulfill their legal and professional obligations.
(Core Values: Accountability, Duty, Social Responsibility)

5A. Physical therapists shall comply with applicable local, state, and federal laws and regulations.

5B. Physical therapists shall have primary responsibility for supervision of physical therapist assistants and support personnel.

5C. Physical therapists involved in research shall abide by accepted standards governing protection of research participants.

5D. Physical therapists shall encourage colleagues with physical, psychological, or substance-related impairments that may adversely impact their professional responsibilities to seek assistance or counsel.

5E. Physical therapists who have knowledge that a colleague is unable to perform their professional responsibilities with reasonable skill and safety shall report this information to the appropriate authority.

5F. Physical therapists shall provide notice and information about alternatives for obtaining care in the event the physical therapist terminates the provider relationship while the patient or client continues to need physical therapist services.

Principle #6: Physical therapists shall enhance their expertise through the lifelong acquisition and refinement of knowledge, skills, abilities, and professional behaviors.
(Core Value: Excellence)

6A. Physical therapists shall achieve and maintain professional competence.

6B. Physical therapists shall take responsibility for their professional development based on critical self-assessment and reflection on changes in physical therapist practice, education, health care delivery, and technology.

6C. Physical therapists shall evaluate the strength of evidence and applicability of content presented during professional development activities before integrating the content or techniques into practice.

6D. Physical therapists shall cultivate practice environments that support professional development, lifelong learning, and excellence.

Principle #7: Physical therapists shall promote organizational behaviors and business practices
that benefit patients/clients and society.
(Core Values: Integrity, Accountability)

7A. Physical therapists shall promote practice environments that support autonomous and accountable professional judgments.

7B. Physical therapists shall seek remuneration as is deserved and reasonable for physical therapist services.

7C. Physical therapists shall not accept gifts or other considerations that influence or give an appearance of influencing their professional judgment.

7D. Physical therapists shall fully disclose any financial interest they have in products or services that they recommend to patients/clients.

7E. Physical therapists shall be aware of charges and shall ensure that documentation and coding for physical therapy services accurately reflect the nature and extent of the services provided.

7F. Physical therapists shall refrain from employment arrangements, or other arrangements, that prevent physical therapists from fulfilling professional obligations to patients and clients.

Principle #8: Physical therapists shall participate in efforts to meet the health needs of people locally, nationally, or globally.
(Core Value: Social Responsibility)

8A. Physical therapists shall provide pro bono physical therapist services or support organizations that meet the health needs of people who are economically disadvantaged, uninsured, and underinsured.

8B. Physical therapists shall advocate to reduce health disparities and health care inequities, improve access to health care services, and address the health, wellness, and preventive health care needs of people.

8C. Physical therapists shall be responsible stewards of health care resources and shall avoid overutilization or underutilization of physical therapist services.

8D. Physical therapists shall educate members of the public about the benefits of physical therapy and the unique role of the physical therapist.

History: Originally adopted by APTA HOD June 1973. Last amended by APTA HOD June 2020.