TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 329
PHYSICIANS AND SURGEONS

Section 329:1

    329:1 Practice. – Any person shall be regarded as practicing medicine under the meaning of this chapter who shall diagnose, treat, perform surgery, or prescribe any treatment of medicine for any disease or human ailment. "Surgery" means any procedure, including but not limited to laser, in which human tissue is cut, shaped, burned, vaporized, or otherwise structurally altered, except that this section shall not apply to any person to whom authority is given by any other statute to perform acts which might otherwise be deemed the practice of medicine. "Laser" means light amplification by stimulated emission of radiation.

Source. 1915, 167:1. PL 204:1. RL 250:1. RSA 329:1. 1959, 144:1. 1981, 396:1. 1997, 214:2, eff. June 18, 1997.

Section 329:1-a

    329:1-a Repealed by 1995, 286:28, I, eff. Jan. 1, 1996. –

Section 329:1-aa

    329:1-aa Purpose of Chapter. – The practice of medicine is a privilege granted by the people according to the laws enacted by the legislature, and not a natural right. In the interests of public health, safety, and welfare, and to protect the public from the unprofessional, improper, incompetent, unlawful, fraudulent, and deceptive practice of medicine, it is necessary to provide laws and rules to regulate the granting and subsequent use of the privilege to practice medicine. The primary responsibility and obligation of the board of medicine is to protect the public.

Source. 2009, 206:1, eff. July 1, 2009.

Section 329:1-b

    329:1-b Practice of Teleradiology. –
I. In this section, "teleradiology" means the evaluation, interpretation, or consultation by the electronic transmission of radiological images from one location to another.
II. Any out-of-state physician providing radiological services who performs radiological diagnostic evaluations or interpretations for New Hampshire patients by means of teleradiology shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter.
III. This section shall not apply to out-of-state radiologists who provide consultation services pursuant to RSA 329:21, II.

Source. 1999, 246:2, eff. Sept. 7, 1999.

Section 329:1-c

    329:1-c Physician-Patient Relationship. – "Physician-patient relationship" means a medical connection between a licensed physician and a patient that includes an in-person or face-to-face 2-way real-time interactive communication exam, a history, a diagnosis, a treatment plan appropriate for the licensee's medical specialty, and documentation of all prescription drugs including name and dosage. A licensee may prescribe for a patient whom the licensee does not have a physician-patient relationship under the following circumstances: writing admission orders for a newly hospitalized patient; for a patient of another licensee for whom the prescriber is taking call; for a patient examined by a physician assistant, nurse practitioner, or other licensed practitioner; or for medication on a short-term basis for a new patient prior to the patient's first appointment or when providing limited treatment to a family member in accordance with the American Medical Association Code of Medical Ethics. Prescribing drugs to individuals without a physician-patient relationship shall be unprofessional conduct subject to discipline under RSA 329:17, VI. The definition of a physician-patient relationship shall not apply to a physician licensed in another state who is consulting to a New Hampshire licensed physician with whom the patient has a relationship.

Source. 2008, 217:7. 2015, 246:5, eff. Sept. 11, 2015.

Section 329:1-d

    329:1-d Telemedicine. –
I. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.
II. An out-of-state physician providing services by means of telemedicine shall be deemed to be in the practice of medicine and shall be required to be licensed under this chapter. This paragraph shall not apply to out-of-state physicians who provide consultation services pursuant to RSA 329:21, II.
III. It shall be unlawful for any person to prescribe by means of telemedicine a controlled drug classified in schedule II through IV, except substance use disorder (SUD) treatment as permitted in locations enumerated in paragraph IV. Methadone hydrochloride, as defined in RSA 318-B:10, VII(d)(2) shall not be included in the exemption.
IV. (a)(1) The prescribing of a non-opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a), who are treating a patient with whom the prescriber has an in-person practitioner-patient relationship, for purposes of monitoring or follow-up care. A provider shall not be required to establish care via face-to-face in-person service when:
(A) The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);
(B) The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;
(C) The patient is being treated by, and is physically located in a Doorway as defined in RSA 167:4-d, II(c);
(D) The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or
(E) The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).
(2) Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and drug, but not less than annually.
(b)(1) The prescribing of an opioid controlled drug classified in schedule II through IV by means of telemedicine shall be limited to prescribers as defined in RSA 329:1-d, I and RSA 326-B:2, XII(a). A provider shall not be required to establish care via face-to-face in-person service when:
(A) The provider is a Department of Veteran Affairs (VA) practitioner or VA-contracted practitioner not required to obtain a special registration pursuant to 21 U.S.C. section 831(h);
(B) The patient is being treated by, and is physically located in a correctional facility administered by the state of New Hampshire or a New Hampshire county;
(C) The patient is being treated by, and is physically located in a doorway as defined in RSA 167:4-d, II(c);
(D) The patient is being treated by and is physically located in a state designated community mental health center pursuant to RSA 135; or
(E) The patient is being treated by, and physically located in, a hospital or clinic registered in a manner fully consistent with 21 U.S.C. section 823(f).
(2) Subsequent in-person exams shall be by a practitioner licensed to prescribe the drug at intervals appropriate for the patient, medical condition, and opioid, but not less than annually.
(c) The prescription authority under this paragraph shall be limited to a practitioner licensed to prescribe the drug and in compliance with all federal laws, including the United States Drug Enforcement Agency registration or waiver when required. An initial face-to-face in person exam shall be required with the exception of the locations enumerated in this paragraph.
V. A physician providing services by means of telemedicine directly to a patient shall:
(a) Use the same standard of care as used in an in-person encounter;
(b) Maintain a medical record; and
(c) Subject to the patient's consent, forward the medical record to the patient's primary care or treating provider, if appropriate.
VI. A physician issuing a prescription for spectacle lenses, as defined in RSA 327-A:1, III, or a prescription for contact lenses, as defined in RSA 327-A:1, IV, by means of telemedicine directly to a patient shall:
(a) Obtain an updated medical history at the time of prescribing;
(b) Make a diagnosis at the time of prescribing;
(c) Conform to the standard of care expected of in-person care as appropriate to the patient's age and presenting condition, including when the standard of care requires the use of diagnostic testing and performance of a physical examination, which may be carried out through the use of peripheral devices appropriate to the patient's condition;
(d) Not determine an ophthalmic prescription solely by use of an online questionnaire; and
(e) Upon request, provide patient records in a timely manner in accordance with the provisions of RSA 332-I and all other state and federal laws and regulations.
VII. 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.

Source. 2015, 246:6. 2016, 221:3, eff. Aug. 8, 2016. 2019, 199:3, eff. Sept. 8, 2019. 2020, 27:11, 14, eff. July 21, 2020.

Section 329:1-e

    329:1-e Direct Primary Care. –
I. In this section:
(a) "Direct primary care agreement" means a written agreement between a primary care provider and a patient, a patient's legal representative, or a patient's employer, which meets the requirements of paragraph II.
(b) "Primary care provider" means a health care provider licensed under RSA 329, RSA 326-B, or RSA 328-D, or a primary care group practice, who provides primary care services to patients.
(c) "Primary care services" mean medical services in family practice, general practice, internal medicine, pediatrics, obstetrics, or gynecology including the screening, assessment, diagnosis, and treatment of a patient conducted within the competency and training of the primary care provider for the purpose of promoting health or detecting and managing disease or injury.
II. Primary care services resulting from a primary care provider entering a direct primary care agreement is not insurance and the primary care provider shall not be subject to the requirements of RSA 415, RSA 420, or the jurisdiction of the commissioner when the following conditions are met:
(a) The agreement is in writing and signed by the primary care provider, or agent, and the individual patient or his or her legal representative.
(b) The agreement specifies the periodic fee required and any additional fees for services not covered by the periodic fee, and may allow the periodic fee and any additional fees to be paid by a third party.
(c) The agreement describes the health care services that are covered by the periodic fee.
(d) The agreement describes the duration of the agreement and any automatic renewal periods.
(e) The agreement allows either party to terminate the agreement in writing, without penalty or payment of a termination fee, at any time or after notice as specified in the agreement which shall not exceed 90 days.
(f) The agreement prominently states that the agreement is not health insurance and the primary care provider will not file any claims against the patient's health insurance policy or plan for reimbursement of any primary care services covered by the agreement.
(g) The agreement prominently states that the agreement is not workers' compensation insurance and does not replace an employer's obligations under RSA 281-A.
III. The direct primary care practice shall not decline to accept new direct primary care patients solely because of the patient's health status. A direct primary care practice may decline to accept a patient for cause, including, but not limited to:
(a) The practice has reached a maximum capacity;
(b) The patient has previously contracted for services for which they have not paid; or
(c) The patient's medical condition is such that the provider is unable to provide the appropriate type of primary care services.
IV. If the direct primary care practice provides the patient with notice and opportunity to obtain care from another physician, the direct primary care practice may discontinue care for a patient for cause, including, but not limited to:
(a) The patient fails to pay the periodic fee.
(b) The patient has performed an act of fraud.
(c) The patient repeatedly fails to adhere to the recommended treatment plan.
(d) The patient is abusive and presents an emotional or physical danger to the staff or other patients of the direct practice.
(e) The primary care provider discontinues operation as a direct primary care practice.
V. A direct primary care agreement may authorize a primary care provider to serve as a patient's authorized representative and as a claimant's representative as defined in RSA 420-J:3 and participate in grievance procedures under RSA 420-J:5 and request external review under RSA 420-J:5-a, 420-J:5-b, and 420-J:5-c.

Source. 2019, 330:1, eff. Oct. 15, 2019.

Commission to Study Telehealth Services

Section 329:1-f

    329:1-f Commission to Study Telehealth Services –
I. There is established a commission to study telehealth services.
(a) The members of the commission shall be as follows:
(1) One member of the senate, appointed by the president of the senate.
(2) Two members of the house of representatives, appointed by the speaker of the house of representatives.
(3) The Medicaid director, or designee.
(4) The commissioner of the department of insurance, or designee.
(5) A member of the New Hampshire Americas Health Insurance Plans, or designee.
(6) A member of the New Hampshire Hospital Association, appointed by the association.
(7) A member of the Community Behavioral Health Association, appointed by the association.
(8) A member of the New Hampshire Medical Society, appointed by the society.
(9) A member of Bi-State Primary Care Association, appointed by the association.
(10) A member from a nonprofit social services organization representing the patient perspective, appointed by the president of the senate.
(11) A member of the NH Nurse Practitioner Association, appointed by the association.
(12) A member of the Granite State Home Health __ampersand__ Hospice Association, appointed by the association.
(13) A representative of the Medicaid Managed Care Organization (MCO) as nominated by the MCOs operating in the state of New Hampshire.
(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
II. (a) The commission shall:
(1) Review available data compiled by the department of insurance requested by the commission. This data may include, but not limited to, utilization and cost of services through telehealth in New Hampshire.
(2) Review available data compiled by health care providers requested by the commission. This data may include, but not limited to, utilization, patient experience, delivery costs, and savings achieved through telehealth in New Hampshire.
(3) Review other information and material as determined by the commission.
(b) The commission may solicit input from any person or entity the commission deems relevant to its study, including data collected by an independent research contractor. This data may include review of telehealth parity in all commercial payers, NH Medicaid fee for service, and managed care plans; patient and provider access to telehealth; provider use of telehealth services; patient utilization, including chronic disease management and prevention services; quality of care delivered by telehealth; and the impact of telehealth on the cost of healthcare delivery.
III. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Six members of the commission shall constitute a quorum.
IV. The commission shall make an interim report by December 1, 2022 and a final report with its findings and any recommendations for proposed legislation on or before December 1, 2024 to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.

Source. 2020, 27:4, eff. July 21, 2020.

Section 329:1-g

    329:1-g Examination on Anesthetized or Unconscious Patient Prohibited. –
A physician, surgeon, physician assistant as defined in RSA 328-D:1, III, nurse as defined in RSA 326-B:2, VII-a, advanced practice registered nurse as defined in RSA 326-B:2, I, or student undertaking a course of professional instruction or a clinical training program, shall not perform a pelvic, prostate, rectal, or breast examination on an anesthetized or unconscious patient unless:
I. The patient gave informed consent to the examination;
II. The performance of the examination is within the scope of care for the patient;
III. The examination is reasonably required for diagnostic or treatment purposes; or
IV. The patient's consent cannot be obtained due to an emergency and the examination is reasonably required for diagnostic or treatment purposes.

Source. 2020, 39:63, eff. Jan. 1, 2021.

Administration of Epinephrine

Section 329:1-h

    329:1-h Administration of Epinephrine. –
I. In this section:
(a) "Administer" means the direct application of an epinephrine auto-injector to the body of an individual.
(b) "Authorized entity" means any entity or organization in which allergens capable of causing anaphylaxis may be present, including recreation camps and day care facilities. Authorized entity shall not include an elementary or secondary school or a postsecondary educational institution eligible to establish policies and guidelines for the emergency administration of epinephrine under RSA 200-N.
(c) "Epinephrine auto-injector" means a single-use device used for the automatic injection of a premeasured dose of epinephrine into the human body.
(d) "Health care practitioner" means a person who is lawfully entitled to prescribe, administer, dispense, or distribute controlled drugs.
(e) "Provide" means to furnish one or more epinephrine auto-injectors to an individual.
II. A health care practitioner may prescribe epinephrine auto-injectors in the name of an authorized entity for use in accordance with this section, and pharmacists and health care practitioners may dispense epinephrine auto-injectors pursuant to a prescription issued in the name of an authorized entity.
III. An authorized entity may acquire and maintain a supply of epinephrine auto-injectors pursuant to a prescription issued in accordance with this section. Such epinephrine auto-injectors shall be stored in a location readily accessible in an emergency and in accordance with the instructions for use, and any additional requirements that may be established by board of medicine. An authorized entity shall designate employees or agents who have completed the training required by paragraph V to be responsible for the storage, maintenance, control, and general oversight of epinephrine auto-injectors acquired by the authorized entity.
IV. An employee or agent of an authorized entity, or other individual, who has completed the training required by paragraph V may use epinephrine auto-injectors prescribed pursuant to this section to:
(a) Provide an epinephrine auto-injector to any individual who the employee agent or other individual believes in good faith is experiencing anaphylaxis, or the parent, guardian, or caregiver of such individual, for immediate administration, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
(b) Administer an epinephrine auto-injector to any individual who the employee, agent, or other individual believes in good faith is experiencing anaphylaxis, regardless of whether the individual has a prescription for an epinephrine auto-injector or has previously been diagnosed with an allergy.
V. (a) An employee, agent, or other individual described in paragraph IV shall complete an anaphylaxis training program at least every 2 years, following completion of the initial anaphylaxis training program. Such training shall be conducted by a nationally-recognized organization experienced in training unlicensed persons in emergency health care treatment or an entity or individual approved by the board of medicine. Training may be conducted online or in person and, at a minimum, shall cover:
(1) How to recognize signs and symptoms of severe allergic reactions, including anaphylaxis;
(2) Standards and procedures for the storage and administration of an epinephrine auto-injector; and
(3) Emergency follow-up procedures.
(b) The entity or individual that conducts the training shall issue a certificate, on a form developed or approved by the board of medicine to each person who successfully completes the anaphylaxis training program.
VI. No authorized entity that possesses and makes available epinephrine auto-injectors and its employees, agents, and other individuals, or health care practitioner that prescribes or dispenses epinephrine auto-injectors to an authorized entity, or pharmacist or health care practitioner that dispenses epinephrine auto-injectors to an authorized entity, or individual or entity that conducts the training described in paragraph V, shall be liable for any injuries or related damages that result from any act or omission pursuant to this section, unless such injury or damage is the result of willful or wanton misconduct. The administration of an epinephrine auto-injector in accordance with this section shall not be considered to be the practice of medicine or any other profession that otherwise requires licensure. This section shall not be construed to eliminate, limit, or reduce any other immunity or defense that may be available under state law. An entity located in this state shall not be liable for any injuries or related damages that result from the provision or administration of an epinephrine auto-injector outside of this state if the entity would not have been liable for such injuries or related damages had the provision or administration occurred within this state, or is not liable for such injuries or related damages under the law of the state in which such provision or administration occurred.

Source. 2021, 122:63, eff. July 9, 2021.

Examining Board

Section 329:2

    329:2 Board; Duties. –
I. There shall be a board of medicine consisting of 11 members; including 5 members selected from among physicians and surgeons, one member selected to represent osteopathic physicians and surgeons, one member selected to represent physician assistants regulated by the board, the commissioner or the medical director of the department of health and human services, or in the case of a vacancy in the office of medical director, the commissioner shall appoint a designee, and 3 public members. Only board members provided for in this paragraph shall have the authority to vote in board determinations. Any public member of the board shall be a person who is not, and never was, a member of the medical 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 medical services or an activity directly related to medicine, including the representation of the board or profession for a fee at any time during the 5 years preceding appointment.
II. The board shall:
(a) Evaluate persons who apply for the authority to practice medicine in New Hampshire and license to those who are found qualified under the standards of this chapter.
(b) Investigate and evaluate existing licensees through the medical review subcommittee and commence disciplinary action concerning licensees in accordance with the standards of this chapter.
(c) Investigate and prepare reports on any matter within the scope of this chapter.
(d) Assess, compromise, and collect civil penalties against persons engaged in the unauthorized practice of medicine or other violations of this chapter.
(e) [Repealed.]
III. [Repealed.]
IV. [Repealed.]

Source. 1915, 167:2. PL 204:2. RL 250:2. RSA 329:2. 1973, 72:48. 1977, 417:2. 1978, 40:7, II, III. 1981, 483:3. 1985, 416:8. 1986, 219:1. 1993, 179:1, 17, II. 1995, 286:1-3. 2001, 228:2. 2006, 61:1. 2009, 206:2, eff. July 1, 2009; 300:1, eff. Sept. 29, 2009. 2021, 197:78, I, eff. July 1, 2021.

Section 329:3

    329:3 Eligibility for Board Membership. – All appointed members who are physicians or physician assistants shall be residents of the state, regularly licensed to practice their profession under this chapter, and shall have been actively engaged in the practice of their profession within the state for at least 5 years. The other members of the board shall have been residents of the state for at least 5 years.

Source. 1915, 167:3. PL 204:3. RL 250:3. 1951, 27:1. RSA 329:3. 1983, 377:1. 2009, 206:3, eff. July 1, 2009.

Section 329:4

    329:4 Appointment; Term; Removal. –
I. The commissioner or the medical director of the department of health and human services, or the commissioner's physician designee, shall serve as a voting member of the board. The commissioner and the medical director, or designee, are exempt from the provisions of RSA 329:4, II and the residency requirements of RSA 329:3.
II. The remaining 10 members of the board shall be appointed, as their terms expire, by the governor with the advice and consent of the council. Their terms of office shall be 5 years and until their successors are appointed and qualified. No member shall be appointed to more than 2 consecutive terms. Appointments to fill vacancies shall be for the unexpired term. Appointees to the unexpired portion of a full term shall become members of the board on the day following such appointment. Time served in filling an unexpired term shall not affect an appointee's eligibility to serve 2 consecutive full terms. The governor and council may remove any appointed member of the board for malfeasance, misfeasance, or nonfeasance.

Source. 1915, 167:4. PL 204:4. RL 250:4. 1951, 27:2. RSA 329:4. 1983, 291:1. 1986, 219:2. 1995, 286:4; 310:182. 2001, 228:3. 2006, 61:2. 2009, 206:4, eff. July 1, 2009; 300:2, eff. Sept. 29, 2009. 2019, 254:1, eff. Sept. 17, 2019.

Section 329:5

    329:5 Repealed by 2021, 197:78, II, eff. July 1, 2021. –

Section 329:6

    329:6 Repealed by 1995, 286:28, II, eff. Jan. 1, 1996. –

Section 329:7

    329:7 Meetings; Officers. –
I. The board shall meet monthly, or more often as its business requires. A president and such other officers as the board deems necessary shall be chosen annually from the membership of the board.
II. No board action shall be taken without an affirmative vote of the majority of board members eligible to participate in the matter in question. Board members shall not be eligible to participate in a vote when the board member has recused himself or herself from participation due to a conflict of interest.
III. The president of the board may call an emergency meeting when required by an imminent peril to the public health or safety or when the physical presence of a quorum is not reasonably practical for immediate board action, such as an issue related to medical services in rural or underserved communities. Emergency meetings may be conducted telephonically, with a quorum of board members eligible to vote with respect to the subject matter of the emergency. Any vote resulting from such meetings shall have the same effect as votes resulting from other meetings of the board, if such vote is ratified at the next regularly scheduled board meeting. The minutes and the procedures for emergency meetings shall comply with RSA 91-A:2.
IV. The duties of the officers of the board shall be those usually pertaining to such officers. Elected board officers shall not serve more than 5 years in such elected positions.

Source. 1915, 167:5. PL 204:5. RL 250:5. 1951, 27:3. RSA 329:7. 1975, 186:3. 1983, 291:1; 377:2. 1986, 219:5. 1995, 286:5; 310:182. 2001, 228:4. 2009, 206:5, eff. July 1, 2009.

Section 329:8

    329:8 Records. – A true record of all of the board's official acts shall be made and preserved in accordance with the retention policy established by the office of professional licensure and certification. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary investigations and records otherwise exempt from disclosure under RSA 91-A, RSA 329:18, or other applicable statutes.

Source. 1915, 167:5, 15. PL 204:6. RL 250:6. RSA 329:8. 1975, 186:4. 1977, 417:3. 1992, 179:1. 1995, 286:5, eff. Jan. 1, 1996. 2021, 197:71, eff. July 1, 2021.

Section 329:9

    329:9 Rulemaking Authority. –
The board shall adopt rules, pursuant to RSA 541-A, relative to:
I. [Repealed.]
II. The qualifications of applicants for initial and continued licensure consistent with the provisions of this chapter.
III. [Repealed.]
IV. The procedural and substantive requirements for the reinstatement of licenses after lapses, inactive status, voluntary surrender, or disciplinary action consistent with this chapter.
V. Ethical and professional standards required to be met by each holder of a license to practice medicine.
VI. Procedures to be followed for the filing of charges and conduct of hearings with respect to disciplinary proceedings.
VII. [Repealed.]
VIII. The circumstances under which restricted licenses are to be issued.
IX. [Repealed.]
X-XII. [Repealed.]
XIII. [Repealed.]
XIV. The licensing of physician assistants as provided in RSA 328-D:2.
XV. Procedural and substantive requirements for assessing, compromising and collecting administrative fines against licensees as authorized under RSA 329:17, VII(g) and against licensees and nonlicensees as authorized by RSA 329:2, II(d).
XV-a. Procedures for appropriate pain management pursuant to RSA 318-B:10, IX.
XVI. [Repealed.]
XVII. The purpose, scope, and procedures of the medical review subcommittee.
XVIII. The relationship between the board, the medical review subcommittee, and the administrative prosecutions unit at the department of justice.
XIX. Procedures to be followed during informal and formal investigations.
XX. Prescribing controlled drugs pursuant to RSA 318-B:41.
XXI. A process for registering practitioners who have been granted a special registration to prescribe controlled substances via telemedicine pursuant to 21 U.S.C. section 831(h).

Source. 1951, 27:4. RSA 329:9. 1977, 417:4. 1981, 483:4. 1986, 219:7, 8. 1987, 330:2. 1992, 179:2. 1993, 179:2. 1995, 286:6-8, 28, III, IV. 1997, 287:56, 59, LXI-LXIII. 2000, 286:3. 2008, 21:6, III. 2009, 206:6, 7. 2012, 171:26, XV. 2016, 213:2, eff. June 7, 2016. 2020, 27:13, eff. July 21, 2020. 2021, 197:78, III, eff. July 1, 2021.

Section 329:9-a

    329:9-a Repealed by 1992, 179:14, I, eff. Jan. 1, 1993. –

Section 329:9-b

    329:9-b Repealed by 1992, 179:14, II, eff. Jan. 1, 1993. –

Section 329:9-c

    329:9-c Repealed by 1995, 286:28, V, eff. Jan. 1, 1996. –

Section 329:9-d

    329:9-d Repealed by 1995, 286:28, VI, eff. Jan. 1, 1996. –

Section 329:9-e

    329:9-e Repealed by 1995, 286:28, VII, eff. Jan. 1, 1996. –

Section 329:9-f

    329:9-f Completion of Survey; Rulemaking. – The 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. 2017, 131:8, eff. June 16, 2017. 2019, 254:10, eff. July 1, 2019.

Section 329:9-g

    329:9-g Annual Education Program. – The board, in conjunction with the New Hampshire Medical Society and other prescribing and dispensing stakeholders, shall establish an annual education program that covers the prescribing of biosimilar and interchangeable biological products. Such program shall include a review of interchangeable biological products approved by the federal Food and Drug Administration (FDA) including any evaluation information in determining interchangeability. The annual education program shall be implemented by December 31, 2018 or prior to the first interchangeable biological product being approved by the FDA.

Source. 2018, 164:5, eff. June 7, 2018.

Examinations and Licenses

Section 329:10

    329:10 Repealed by 2009, 206:20, eff. July 1, 2009. –

Section 329:10-a

    329:10-a Repealed by 1995, 286:28, VIII, eff. Jan. 1, 1996. –

Section 329:11

    329:11 Repealed by 2009, 206:20, eff. July 1, 2009. –

Section 329:11-a

    329:11-a Criminal History Record Checks. –
I. Every applicant for initial permanent licensure or reinstatement shall submit to the board of medicine 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 board.
II. 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 board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board 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 board.
IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.

Source. 2007, 303:1, eff. Sept. 11, 2007. 2018, 318:22, eff. Aug. 24, 2018.

Section 329:12

    329:12 Qualifications of Licensees. –
I. Applicants for licensure shall:
(a) Pay a fee established by the board.
(b) Submit an application in a form prescribed by the board which shall be verified by oath.
(c) Submit a complete set of fingerprints and a criminal history record release form pursuant to RSA 329:11-a.
(d) Demonstrate to the reasonable satisfaction of the board that the applicant:
(1) Is 21 years of age or older;
(2) Is of good professional character;
(3) Has completed at least 2 years of college course work or its equivalent.
(4) Has studied the treatment of human ailments in a medical school maintaining at the time of such studies a standard satisfactory to the Accreditation Council for Medical Education and has graduated from such school or has studied medicine in a medical school located outside the United States which is recognized by the United Nations World Health Organization (UNWHO) and had such studies confirmed by Educational Commission for Foreign Medical Graduates (ECFMG) Certification;
(5) Has completed at least 2 years of postgraduate training approved by the Accreditation Council on Graduate Medical Education, or its equivalent as determined by the board. Each applicant who has graduated from an accredited medical school prior to January 1, 1970, is required to have satisfactorily completed at least 12 months in a graduate educational program approved by the Accreditation Council on Graduate Medical Education, the Canadian Medical Association, or the Royal College of Physicians and Surgeons of Canada.
(6) Has successfully passed one of the following sets of examinations:
(A) National Board of Medical/Osteopathic Examiners examinations.
(B) Federation Licensing Examination (FLEX).
(C) United States Medical Licensing Examination (USMLE).
(D) Medical Council of Canada Examination (LMCC).
II. The board may waive the examination requirement for any applicant who has satisfactorily passed all examinations and requirements to become board certified by the American Board of Medical Specialties (ABMS) or by the American Osteopathic Association (AOA).

Source. 1915, 167:7. 1917, 204:1. PL 204:10. 1937, 150:1. 1939, 139:1. RL 250:10. 1950, 8:6. RSA 329:12. 1969, 326:1. 1970, 3:3. 1973, 72:50. 1975, 186:5; 251:2. 1977, 417:6. 1981, 396:2; 483:8. 1983, 377:5, 6, 12, I, II. 1986, 219:11. 1995, 286:11. 2007, 303:2. 2008, 21:2, 3. 2009, 206:8, 9, eff. July 1, 2009. 2018, 318:23, eff. Aug. 24, 2018.

Section 329:13

    329:13 Repealed by 1995, 286:28, IX, eff. Jan. 1, 1996. –

Section 329:13-a

    329:13-a Repealed by 1995, 286:28, X, eff. Jan. 1, 1996. –

Section 329:13-b

    329:13-b Professionals' Health Program. –
I. Any peer review committee may report relevant facts to the board relating to the acts of any physician or physician assistant in this state if it has knowledge relating to the physician or physician assistant which, in the opinion of the peer review committee, might provide grounds for disciplinary action as specified in RSA 329:17.
II. Any committee of a professional society comprised primarily of physicians, its staff, or any district or local intervenor participating in a program established to aid physicians impaired or potentially impaired by mental or physical illness including substance abuse or disruptive behavior may report in writing to the board the name of a physician whose ability to practice medicine safely is impaired or could reasonably be expected to become impaired if the condition is allowed to progress together with the pertinent information relating to the physician's impairment. The board may report to any committee of such professional society or the society's designated staff information which it may receive with regard to any physician who may be impaired by a mental or physical illness including substance abuse or disruptive behavior. In this chapter, "disruptive behavior" means any abusive conduct, including sexual or other forms of harassment, or other forms of verbal or non-verbal conduct that harms or intimidates others to the extent that quality of care of patient safety could be compromised.
III. Notwithstanding the provisions of RSA 91-A, the records and proceedings of the board, compiled in conjunction with a peer review committee, shall be confidential and are not to be considered open records unless the affected physician so requests; provided, however, the board may disclose this confidential information only:
(a) In a disciplinary hearing before the board or in a subsequent trial or appeal of a board action or order;
(b) To the physician licensing or disciplinary authorities of other jurisdictions; or
(c) Pursuant to an order of a court of competent jurisdiction.
IV. (a) No employee or member of the board, peer review committee member, medical organization committee member, medical organization district or local intervenor furnishing in good faith information, data, reports, or records for the purpose of aiding the impaired physician or physician assistant shall by reason of furnishing such information be liable for damages to any person.
(b) No employee or member of the board or such committee, staff, or intervenor program shall be liable for damages to any person for any action taken or recommendations made by such board, committee, or staff unless the person is found to have acted recklessly or wantonly.
V. (a) The office of professional licensure and certification may contract with other organizations to operate the professionals' health program for physicians and physician assistants who are impaired or potentially impaired because of mental or physical illness including substance abuse or disruptive behavior. This program shall be available to all physicians and physician assistants licensed in this state, all physicians and physician assistants seeking licensure in this state, and all resident physicians in training, and shall include, but shall not be limited to, education, intervention, ongoing care or treatment, and post-treatment monitoring.
(b) [Repealed.]
VI. Upon a determination by the board that a report submitted by a peer review committee or professional society committee is without merit, the report shall be expunged from the physician's or physicians assistant's individual record in the board's office. A physician, or physician assistant, or authorized representative shall be entitled on request to examine the peer review or the organization committee report submitted to the board and to place into the record a statement of reasonable length of the physician's or physician assistant's view with respect to any information existing in the report.
VII. Rules governing the program shall be implemented through the office of professional licensure and certification pursuant to RSA 310-A:1-d, II(h)(4).

Source. 1999, 207:1. 2001, 228:5. 2004, 263:1. 2008, 21:6, V. 2009, 206:10, eff. July 1, 2009. 2021, 197:72, 73, eff. July 1, 2021.

Section 329:14

    329:14 Action on License Applications. –
I. The board shall make no final decision concerning the qualifications of a new or reinstatement applicant until it has received the results of all required examinations, criminal history record checks, and all third-party certifications required to be submitted with the license application, and the time periods specified by RSA 541-A:29 shall be calculated from the date the last of the required documents is received by the board.
II. No application shall be granted unless the board finds that the applicant possesses the necessary educational, character and other professional qualifications to practice medicine, and that no circumstances exist which would be grounds for disciplinary action against a licensed physician pursuant to RSA 329:17, I.
III. The board shall grant an unrestricted permanent license to persons it finds to have the necessary professional qualifications. The board may also, by consent or after notice and the opportunity to be heard, resolve issues concerning professional qualifications or circumstances that would be grounds for non-disciplinary remedial action against a licensed physician by granting a temporary license, or a temporary or permanent license with restrictions.
IV. [Repealed.]
V. (a) The board shall issue special training licenses to persons of good professional character who are enrolled in a regular residency or graduate fellowship training program accredited by the Council on Graduate Medical Education, and who possess such further education and training as the board may require by rule.
(b) Persons holding training licenses shall be subject to the disciplinary provisions of RSA 329:17 and such additional professional character and competency requirements as the board may require by rule.
(c) Training licenses shall be confined to activities performed in the course of the qualifying residency or graduate fellowship training program, shall expire automatically upon the licensee's separation from the residency or graduate fellowship training program for any reason, and may be issued on a restricted or conditional basis.
VI. The board may issue special licenses containing conditions, limitations, or restrictions, including licenses limited to specific periods of time in accordance with rules adopted under RSA 329:9, VIII.
VII. The board may issue courtesy licenses authorizing the practice of medicine under limited conditions as defined by the board by rule. Courtesy licenses shall not exceed 100 days and shall be limited in location. All applicants shall hold an active, unrestricted license in another state and meet the same character qualifications as other licensees.
VIII. The board may issue licenses authorizing the practice of medicine limited to administrative medicine for physicians whose practice does not include the provision of clinical services to patients.

Source. 1915, 167:10. PL 204:12. RL 250:12. RSA 329:14. 1975, 186:7. 1977, 417:8. 1992, 179:3. 1993, 179:4. 1994, 412:41. 1995, 286:12, 13. 2002, 37:7. 2005, 154:1. 2007, 303:3. 2009, 206:11, 12, eff. July 1, 2009. 2021, 197:78, IV, eff. July 1, 2021.

Section 329:15

    329:15 Repealed by 1995, 286:28, XI, eff. Jan. 1, 1996. –

Section 329:16

    329:16 Repealed by 1995, 286:28, XII, eff. Jan. 1, 1996. –

Renewal of Licenses

Section 329:16-a

    329:16-a Renewal. – Every person licensed to practice under this chapter, except as provided in RSA 329:16-c, shall apply to the board on a biennial basis for renewal of license on forms provided by the board and shall pay a renewal fee as established by the board. If a person applies to the board for a renewal of license by June 30 of the year in which the licensee's renewal is set to occur, the person's license shall not expire until the board has taken final action upon the application for renewal.

Source. 1959, 144:3. 1977, 417:11. 1995, 286:14. 2001, 228:6. 2004, 108:1, eff. July 1, 2004.

Section 329:16-b

    329:16-b Repealed by 1995, 286:28, XIII, eff. Jan. 1, 1996. –

Section 329:16-c

    329:16-c Inactive Status. – A person licensed by the board who does not intend to engage in such licensed profession in this state, upon written request to the board, may have one's name transferred to inactive status and shall not be required to renew such license or pay any renewal fee as long as the person remains inactive.

Source. 1959, 144:3. 1975, 186:10. 1977, 417:13. 1995, 286:15, eff. Jan. 1, 1996.

Section 329:16-d

    329:16-d Notice of Renewal. – On or before March 1 of each licensee's renewal year, the board shall notify each licensee, except those on the inactive list, an application for renewal of license.

Source. 1959, 144:3. 1977, 417:14. 1983, 377:8. 1991, 382:14. 1995, 286:15. 2001, 228:7. 2004, 108:2, eff. July 1, 2004. 2021, 197:74, eff. July 1, 2021.

Section 329:16-e

    329:16-e Neglect to Renew. – Any licensee who fails to renew his or her license by June 30 of the year in which the licensee's renewal is set to occur shall be required to pay double the renewal fee if paid within 90 days of the expiration date. Any failure, neglect, or refusal on the part of any person licensed by the board to renew the license as provided in RSA 329:16-a or this section shall automatically lapse such license. Licenses lapsed under this section for nonpayment within 90 days shall not be reinstated except upon payment of a reinstatement fee as established by the board, and a showing of such evidence of professional competence as the board may reasonably require.

Source. 1959, 144:3. 1977, 417:15. 1991, 382:15. 1995, 286:15. 2001, 228:8. 2004, 108:3, eff. July 1, 2004.

Section 329:16-f

    329:16-f License Notice Requirements. –
I. All licensees shall maintain their current business address on file with the board, or if licensees have no business address, their current home address shall be provided. Any changes in the address, including the closing of an office shall be promptly provided to the board or, in any event, no later than 30 days from the date of the change.
II. All licensees shall provide the board with a copy of any notice of complaint, action for medical injury, or claim received from or disciplinary action taken in a jurisdiction outside of this state within 30 days of receipt of such notice or action.

Source. 1959, 144:3. 1977, 417:16. 1995, 286:15. 2009, 206:13, eff. July 1, 2009.

Section 329:16-g

    329:16-g Continuing Medical Education Requirement. – As a condition of renewal of license, the board shall require each licensee to show proof at least at every biennial license renewal that the licensee has completed 100 hours of approved continuing medical education program within the preceding 2 years. For the purposes of this section, an approved continuing medical education program is a program designed to continue the education of the licensee in current developments, skills, procedures, or treatment in the licensee's field of practice, which has been certified by a national, state, or county medical society or college or university. There shall be a complete audit of all continuing education credits annually by the New Hampshire Medical Society. Each licensee shall submit a continuing medical education report with copies of continuing medical education course certificates earned by the licensee and other documents which establish that continuing medical education course requirements have been met, using a form approved by the board. The complete audit shall include the collection, review, verification, and preservation of the continuing medical education documentation of each licensed physician and a report which records the credits awarded to each licensee during the 2-year period applicable to each licensee. The fee charged to licensees for continuing medical education verification shall not exceed 125 percent of the actual cost of providing the service. The New Hampshire Medical Society is prohibited from using any information from this program for promotional purposes or any other purpose not necessary for continuing education verification.

Source. 1977, 417:17. 1995, 286:15. 2001, 183:1. 2008, 254:1. 2009, 206:19, eff. July 1, 2009.

Section 329:16-h

    329:16-h Reinstatement. – Any person whose name has been placed on the inactive list may be restored to active status upon the filing of a written request for reinstatement of license, accompanied by the reinstatement fee as established by the board, proof of satisfaction of continuing medical education requirements established by RSA 329:16-g, and such other evidence of professional competence as the board may reasonably require.

Source. 1995, 286:16, eff. Jan. 1, 1996.

Disciplinary Proceedings

Section 329:17

    329:17 Disciplinary Action; Remedial Proceedings. –
I. The board may undertake disciplinary proceedings (a) upon its own initiative or (b) upon written complaint of any person which charges that a person licensed by the board has committed misconduct as set forth in paragraph VI of this section and which specifies the grounds therefor.
I-a. The board may undertake non-disciplinary remedial proceedings (a) upon its own initiative or (b) upon written complaint of any person which charges that a person licensed by the board is afflicted with a condition as set forth in paragraph VI-a of this section and which specifies the grounds therefor.
II. Every clerk of the superior court shall report to the board the filing and final disposition of any action for medical injury as defined in paragraph III within 30 days after such filing and within 30 days after such final disposition.
III. Every insurer, including self-insurers, providing professional liability insurance to a licensee of the board shall send a complete report to the board as to all reservable claims coincident with medical injury that take place in this state or in any other state within 30 days after establishing the reserve. For the purpose of this paragraph, medical injury means any adverse, untoward or undesired consequences arising out of or sustained in the course of professional services rendered by a medical care provider, whether resulting from negligence, error or omission in the performance of such services; from rendition of such services without informed consent or in breach of warranty or in violation of contract; from failure to diagnose; from premature abandonment of a patient or of a course of treatment; from failure properly to maintain equipment or appliances necessary to the rendition of such services; or otherwise arising out of or sustained in the course of such services.
III-a. The board shall instruct the medical review subcommittee to conduct an investigation of any person licensed by the board who has had 3 reservable claims, written complaints, or actions for medical injury, as defined by paragraph I, II, or III, or any combination thereof, which pertain to 3 different acts or events within any consecutive 5-year period.
III-b. (a) Any referral by the insurance commissioner under RSA 420-J:5-e, VIII or any complaint alleging that a medical director has committed misconduct as set forth in paragraph VI of this section shall be received and reviewed by the board in accordance with the provisions of this section for potential disciplinary action. For the purposes of this paragraph, "medical director" means a physician licensed under this chapter who is employed by a health carrier or medical utilization review entity and is responsible for the utilization review techniques and methods of the health carrier or medical utilization review entity and their administration and implementation.
(b) Any complaint received by the board regarding an insurance coverage decision by a medical director shall be forwarded by the board to the insurance commissioner for review.
IV. Every facility administrator, or designee, for any licensed hospital, health clinic, ambulatory surgical center, or other health care facility within the state shall report to the board any disciplinary or adverse action, within 30 days after such action is taken, including situations in which allegations of misconduct are settled by voluntary resignation without adverse action, against a person licensed by the board. Disciplinary or adverse action shall include the requirement that a licensee undergo counseling or be subject to any policy with regard to disruptive behavior.
V. Every professional society within the state comprised primarily of persons licensed by the board shall report to the board any disciplinary action against a member relating to professional ethics, medical incompetence, moral turpitude, or drug or alcohol abuse within 30 days after such disciplinary action is taken.
V-a. A medical review subcommittee of 13 members shall be nominated by the board of medicine and appointed by the governor and council. The subcommittee shall consist of 13 persons, 9 of whom shall be physicians, one of whom shall be a physician assistant, and 3 of whom shall be public members. One of the physician members shall practice in the area of pain medicine and anesthesiology. No public member of the subcommittee shall be or ever have been a member of the medical profession or the spouse of a member of the medical profession. No public member shall have or ever have had a material financial interest in either the provision of medical services or an activity directly related to medicine, including the representation of the board or profession for a fee. The terms of the public members shall be staggered so that no 2 public members' terms expire in the same year. The subcommittee members shall be appointed for 3-year terms, and shall serve no more than 2 terms. Upon referral by the board, the subcommittee shall review disciplinary actions reported to the board under paragraphs II-V of this section, except that matters concerning a medical director involved in a current internal or external grievance pursuant to RSA 420-J shall not be reviewed until the grievance process has been completed. Following review of each case, the subcommittee shall make recommendations to the board. The state of New Hampshire, by the board and the office of professional licensure and certification, and with the approval of governor and council, shall contract with a qualified physician to serve as a medical review subcommittee investigator.
V-b. When a threat to public health, safety, or welfare may exist, the board of medicine shall notify the facility, a practice's managing physician or administrator, or the hospital chief executive officer of any pending disciplinary proceedings, non-disciplinary remedial proceedings, recommended corrective actions, or concerns for informational purposes or referral to the facility, practice, or hospital's credentials and quality assurance committees or their equivalent. The entity receiving notification shall report back to the board of medicine with a progress or final report within 45 days.
VI. The board, after hearing, may take disciplinary action against any person licensed by it upon finding that the person:
(a) Has knowingly provided false information during any application for professional licensure or hospital privileges, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application.
(b) Is a habitual user of drugs or intoxicants.
(c) Has displayed medical practice which is incompatible with the basic knowledge and competence expected of persons licensed to practice medicine or any particular aspect or specialty thereof.
(d) Has engaged in dishonest or unprofessional conduct or has been grossly or repeatedly negligent in practicing medicine or in performing activities ancillary to the practice of medicine or any particular aspect or specialty thereof, or has intentionally injured a patient while practicing medicine or performing such ancillary activities.
(e) Has employed or allowed an unlicensed person to practice in the licensee's office.
(f) Has failed to provide adequate safeguards in regard to aseptic techniques or radiation techniques.
(g) Has included in advertising any statement of a character tending to deceive or mislead the public or any statement claiming professional superiority.
(h) Has advertised the use of any drug or medicine of an unknown formula or any system of anesthetic that is unnamed, misnamed, misrepresented, or not in reality used.
(i) Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the board.
(j) Has been convicted of a felony under the laws of the United States or any state.
(k) Has failed to maintain adequate medical record documentation on diagnostic and therapeutic treatment provided or has unreasonably delayed medical record transfer, or violated RSA 332-I.
(l) Has knowingly obtained, attempted to obtain or assisted a person in obtaining or attempting to obtain a prescription for a controlled substance without having formed a valid physician-patient relationship pursuant to RSA 329:1-c.
VI-a. The board may take non-disciplinary remedial action against any person licensed by it upon finding that the person is afflicted with physical or mental disability, disease, disorder, or condition deemed dangerous to the public health. Upon making an affirmative finding, the board, may take non-disciplinary remedial action:
(a) By suspension, limitation, or restriction of a license for a period of time as determined reasonable by the board.
(b) By revocation of license.
(c) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the board.
(d) By requiring the person to practice under the direction of a physician in a public institution, public or private health care program, or private practice for a period of time specified by the board.
VII. The board, upon making an affirmative finding under paragraph VI, may take disciplinary action in any one or more of the following ways:
(a) By reprimand.
(b) By suspension, limitation, or restriction of a license or probation for a period of time as determined reasonable by the board.
(c) By revocation of license.
(d) By requiring the person to submit to the care, treatment, or observation of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the board.
(e) By requiring the person to participate in a program of continuing medical education in the area or areas in which the person has been found deficient.
(f) By requiring the person to practice under the direction of a physician in a public institution, public or private health care program, or private practice for a period of time specified by the board.
(g) 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.
VII-a. The board may issue a nondisciplinary confidential letter of concern to a licensee advising that while there is insufficient evidence to support disciplinary action, the board believes the physician or physician assistant 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 in subsequent disciplinary proceedings by the board, and shall be sent to a physician assistant's supervising physician.
VIII. Disciplinary or non-disciplinary remedial action taken by the board under this section may be appealed to the supreme court under RSA 541.
IX. No civil action shall be maintained against the board or any member of the board or its agents or employees with regard to any action or activity taken in the performance of any duty or authority established by this chapter. No civil action shall be maintained against any organization or its members or against any other person for or by reason of any good faith statement, report, communication, or testimony to the board or determination by the board in relation to proceedings under this chapter.
IX-a. Any persons who have had their licenses to practice medicine revoked or suspended shall be barred from practicing any other human health care activities, including psychotherapy, whether or not such other activity is licensed or certified by another licensing agency.
X, XI. [Repealed.]
XII. Allegations of professional misconduct or other violations of this chapter enforceable by the board shall be brought within 5 years from the time the board could reasonably 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 under this chapter. 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.
XIII. When an investigation of a complaint against a licensee is determined to be unfounded, the board shall dismiss the complaint and explain in writing to the complainant its reason for dismissing the complaint. The board may destroy all information collected during the course of the investigation in accordance with the retention policy established by the office of professional licensure and certification. The board shall retain a record only noting that an investigation was conducted and that the board determined the complaint to be unfounded. For the purpose of this paragraph, a complaint shall be deemed to be unfounded if it does not fall within the jurisdiction of the board, does not relate to the actions of the licensee, or is determined by the board to be frivolous.

Source. 1915, 167:13. PL 204:14. RL 250:14. 1951, 27:7. RSA 329:17. 1955, 71:1. 1975, 186:11. 1977, 417:18. 1981, 396:3; 483:6, 9. 1983, 377:9, 10. 1986, 219:15-18. 1991, 382:16, 17. 1992, 179:5-8, 14, III. 1993, 179:6-8, 15; 264:1, 2. 1995, 286:17-19. 1998, 170:2. 2000, 18:1, 2. 2001, 228:9. 2005, 154:2-7; 248:1. 2006, 249:1, 2. 2008, 21:4; 217:8. 2009, 206:14. 2015, 276:63. 2016, 2:10, eff. Jan. 21, 2016. 2018, 102:1, 2, eff. Jan. 1, 2019. 2019, 254:2, eff. Sept. 17, 2019. 2021, 197:75, 76, eff. July 1, 2021.

Section 329:17-a

    329:17-a Repealed by 1995, 286:28, XIV, eff. Jan. 1, 1996. –

Section 329:17-b

    329:17-b Injunction. – The board may petition the superior court for an injunction to restrain the practice of medicine, as defined in RSA 329:1, by any person other than a licensed physician or such other persons as are specifically excepted from RSA 329. In such proceedings the board shall be represented by the attorney general, and such petition may be filed in the superior court for the county in which the defendant named therein resides, or, if such defendant is a nonresident, then in the superior court for any county in which the named defendant does business. The petition for such injunction or the issuance thereof shall be in addition to, and shall not relieve any such person from, criminal prosecution. In connection with any such petition for an injunction, it shall not be necessary to prove an adequate remedy at law does not exist.

Source. 1975, 186:12, eff. Aug. 1, 1975.

Section 329:17-c

    329:17-c Denial or Revocation of License. – Upon receipt of an administratively final order from the licensing authority of another jurisdiction which imposes disciplinary sanctions against a licensee of the board, or a person applying for such license, the board may issue an order directing the licensee or applicant to appear and show cause why similar disciplinary sanctions or, in the case of an applicant, license denial or restriction, should not be imposed in the state. In any such proceeding, the decision of the foreign licensing authority may not be collaterally attacked, but the licensee or applicant shall be given the opportunity to demonstrate why a lesser sanction should be imposed. The board may issue any disciplinary sanction or take any action with regard to a license application pursuant to this section otherwise permitted by this chapter, including sanctions or actions which are more stringent then those imposed by the foreign jurisdiction. The board may adopt summary procedures for handling proceedings brought under this chapter, but shall furnish the respondent at least 10 days' written notice and a reasonable opportunity to be heard. The board may require a licensee to suspend practice in this state as a condition of postponing a hearing date established for allegations brought under this section.

Source. 1977, 417:19. 1981, 396:4. 1992, 179:9, eff. Jan. 1, 1993.

Section 329:18

    329:18 Investigations. –
I. The board, through the medical review subcommittee, may investigate possible misconduct by licensees and applicants for licensure, as well as the unauthorized practice of medicine and other matters within the scope of this chapter. Investigations may be conducted formally, after issuance of a board order setting forth the general scope of the investigation, or informally, without such an order. In either case, board investigations and the information gathered in such investigations, including information provided to the board under RSA 329:17, I(b), III, IV, and V and RSA 329:18, V, shall be exempt from the public disclosure provisions of RSA 91-A, except to the extent such information may later become the subject of a public disciplinary hearing. The board may disclose information acquired in an investigation to law enforcement or health licensing agencies in this state or any other jurisdiction, or in response to specific statutory requirements or court orders.
I-a. Any board member who has, or whose spouse or dependents have, a private interest or professional relationship which may directly or indirectly affect or influence the board member's ability to investigate or consider a complaint, shall recuse himself or herself from any investigation or disciplinary action against such licensee. If the chairperson of the board is recused the remaining board members shall elect an acting chairperson from among the board. The chairperson or acting chairperson may appoint a former board member to replace the recused board member during the investigation and proceedings against the licensee.
II. The board through the office of professional licensure and certification may retain expert witnesses or other qualified persons to assist with any investigation or adjudicatory proceeding. Members of the board are not eligible for retainment.
III. The form taken by an investigation is a matter reserved to the discretion of the board. The board may conduct or authorize investigations on an ex parte basis.
IV. (a) The board, the medical review subcommittee, the board investigator, or the medical review subcommittee investigator, may administer oaths or affirmations, preserve testimony and issue subpoenas for witnesses and for documents and things only in a formal investigation or an adjudicatory hearing, except that subpoenas for medical records and pharmacy records, as provided in paragraph V, may be issued at any time.
(b) The board, the medical review subcommittee, the board investigator, or the medical review subcommittee investigator, may serve a subpoena on any licensee of the board by certified mail, but shall serve a subpoena on any other person in accordance with the procedures and fee schedules used in superior court.
(c) Persons licensed by the board shall not be entitled to a witness fee or mileage expenses for travel within the state, which are necessary to respond to a subpoena.
(d) Any board-issued subpoena related to a board hearing or investigation shall be valid if annotated "Fees Guaranteed by the New Hampshire Board of Medicine."
(e) A minimum of 48 hours' notice shall be given for compliance with a subpoena issued under this chapter.
V. The board, the medical review subcommittee, the board investigator, or the medical review subcommittee investigator, may at any time subpoena medical, pharmacy, or billing records related to medical diagnosis or treatment from its licensees, or other health care providers, health care facilities, health insurance companies, health maintenance organizations, and medical and hospital service corporations licensed or certified in this state to the extent that the records sought are relevant to matters within the board's regulatory authority. Such subpoenas shall be served by certified mail or by personal delivery to the address shown on the respondent's current license or certificate, and shall require no witness or other fee. A minimum of 15 days' advance notice shall be allowed for complying with a subpoena duces tecum issued under this paragraph.
VI. All licensees shall have the duty to notify the board of their current business and residence addresses. A licensee shall receive adequate notice of any hearing or other action taken under this chapter if notice is mailed in a timely fashion to the most recent home or business address furnished to the board by the licensee.
VII. The board may at any time require a licensee or license applicant to provide a detailed, good faith written response to allegations of possible professional misconduct or grounds for non-disciplinary remedial action being investigated by the board. The board may also require the licensee or applicant to provide the board with complete copies of records concerning any patient whose treatment may be material to allegations of possible professional misconduct or grounds for non-disciplinary remedial action being investigated by the board. Licensees and applicants shall respond to either type of request within 15 days from the date of the request, or within such greater time period as the board may specify.
VIII. Any person may file a written complaint with the board which charges that a licensee or license applicant has engaged in professional misconduct or should not be licensed. Such complaints shall be treated as petitions for the commencement of disciplinary proceedings, or if appropriate, non-disciplinary remedial proceedings, shall be investigated by the board, and shall be exempt from the time limitations of RSA 541-A:29. Some or all of the allegations in a complaint may be consolidated with another complaint or with issues which the board wishes to investigate or hear on its own motion. If an investigation of a complaint results in an offer of settlement by the licensee, the board may settle the allegations against the licensee without the consent of a complainant, provided that material facts are not in dispute and the complainant is given an opportunity to comment on the terms of the proposed settlement.
IX. Any health care facility system's deficiencies or concerns identified in the course of an investigation shall be communicated by the board to the administrator of the facility and to the bureau of health facilities administration. This paragraph shall apply only to health care facilities that are licensed under RSA 151.

Source. 1915, 167:13. PL 204:15. RL 250:15. 1951, 27:8. RSA 329:18. 1977, 417:20. 1981, 396:5; 483:7. 1992, 179:10. 1993, 179:9-11. 1994, 412:42. 1995, 286:20, 21. 2005, 154:8. 2009, 206:15. 2015, 276:64, eff. July 1, 2015. 2021, 197:77, eff. July 1, 2021.

Section 329:18-a

    329:18-a Hearings. –
I. Allegations of misconduct or lack of professional qualifications which are not settled informally shall be heard by the board or a panel of the board, with a minimum of 3 members appointed by the president of the board. The panel for a hearing on a physician-licensee shall consist of a minimum of 2 physicians and one public member. The panel for a hearing on a physician assistant-licensee shall consist of a minimum of one physician, one physician assistant, and one public member. Such hearing shall be an open public hearing. Any member of the board, or other person qualified to act as a hearing officer and duly designated by the board, shall have the authority to preside at such a hearing and to issue oaths or affirmations to witnesses.
II. The board shall furnish the respondent and the complainant, if any, at least 15 days' written notice of the date, time and place of a hearing, except as otherwise provided in this chapter. 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.
III. The board may at any time dispose of allegations in a complaint, investigation, or disciplinary hearing by settlement, default, or consent order, by issuing an order of dismissal for failing to state a proper basis for adverse action or by summary judgment order based upon undisputed material facts. The board shall have discretion to decline or defer prosecution of a complaint which, after appropriate investigation, does not contain allegations of a substantial nature, and may reexamine the allegations in the complaint at any time within the limitations period of RSA 329:17, XII. In disciplinary and licensing proceedings, the board may hold prehearing conferences which shall be exempt from the provisions of RSA 91-A, but all final disciplinary actions, including those which occur without holding a public hearing, shall be publicly released at the time they are served upon the parties.
IV. Final disciplinary actions and final actions in other adjudicatory proceedings shall be reduced to writing and served upon the parties. Such decisions shall not be public until they are served upon the parties.
IV-a. All proceedings for non-disciplinary remedial action shall be exempt from the provisions of RSA 91-A, except that the board may disclose any final remedial action that affects the status of a license, including any non-disciplinary restrictions imposed.
V. The board shall have no obligation or authority to appoint or provide an attorney to any person appearing at a board hearing or investigation.

Source. 1992, 179:11. 1993, 179:12, 13. 2005, 154:9. 2009, 206:16, eff. July 1, 2009.

Section 329:18-b

    329:18-b Temporary Suspension Where Imminent Threat. – In cases involving imminent danger to life or health, the board may order suspension of a license pending hearing for a period of no more than 120 days. In such cases, the basis for the board's finding of imminent danger to life or health shall be reduced to writing and combined with a hearing notice which complies with RSA 329:18-a. A licensee may be allowed additional time to prepare for a hearing, but any additional time for preparation shall result in an extension of license suspension commensurate with the additional time extended.

Source. 1992, 179:11, eff. Jan. 1, 1993.

Section 329:19

    329:19 Repealed by 2021, 197:78, V, eff. July 1, 2021. –

Section 329:20

    329:20 Repealed by 1986, 219:21, eff. Aug. 5, 1986. –

Section 329:20-a

    329:20-a Report to Blind Services Program, Bureau of Vocational Rehabilitation. – All licensed physicians practicing ophthalmology in this state shall report, with the permission of the patient, all cases of vision examination results of 20/200 or less, in the better eye, after correction, to the blind services program, bureau of vocational rehabilitation, department of education. Such report shall contain the name and address of the examined individual, date of birth, the amount of vision in both eyes, and the cause of visual impairment. The information contained in said report shall be treated as confidential by the bureau.

Source. 1979, 137:2. 1994, 379:19, eff. June 9, 1994.

Limitations Upon Operation of Chapter

Section 329:21

    329:21 Persons Excepted. –
This chapter shall not apply:
I. [Repealed.]
II. To legally qualified physicians in other states or countries when called in consultation by an individual licensed to practice in the state who bears the responsibility for the patient's diagnosis and treatment. However, regular or frequent consultation by such an unlicensed person, as determined by the licensing board, shall constitute the practice of medicine without a license; or
III. To any physician residing on the border of a neighboring state and duly authorized under the laws thereof to practice medicine therein, whose practice extends into this state, and who does not open an office or appoint a place to meet patients or to receive calls within this state; or
IV. To regular or family physicians of persons not residents of this state, when called to attend them during a temporary stay in this state, provided such family physicians are legally registered in some state; or
V. To podiatry; or
VI. To simple treatments such as massage or baths; or
VII. To nurses in their legitimate occupations; or
VIII. To cases of emergency; or
IX. To the administration of ordinary household remedies; or
X. To the advertising or sale of patent medicines; or
XI. To those who endeavor to prevent or cure disease or suffering by spiritual means or prayer; or
XII. [Repealed.]
XIII. No physician's assistants or other paramedical personnel shall engage in the practice of optometry as defined in RSA 327:1 or perform any service rendered by an optician.
XIV. To such emergency medical services personnel as are approved and licensed by the commissioner of the department of safety under RSA 153-A.
XV. Midwives certified pursuant to RSA 326-D and practicing midwifery pursuant to RSA 326-D:2, V.
XVI. To such physician assistants as have been approved and certified by the board while under the supervision and control of a physician licensed in this state, but only if such person:
(a) Is a student in an established program which has been approved by the board; or
(b) Is a graduate of such a program and has passed, or has received temporary certification for the period pending the results of any examination for physician assistants required by the board.

Source. 1915, 167:17. PL 204:18. RL 250:18. RSA 329:21. 1971, 542:1. 1975, 186:13. 1977, 106:1. 1986, 219:19, 20. 1989, 290:2. 1992, 48:9, 10. 1993, 179:17, I. 1995, 286:22, 28, XV; 310:182. 1999, 213:9; 345:9. 2001, 228:10, eff. Sept. 9, 2001.

Section 329:22

    329:22 Similar Rights. – Nothing in this chapter shall abridge the rights of any class of persons to whom authority is given by any other statute to perform any acts which might be deemed the practice of medicine.

Source. 1915, 167:17. PL 204:19. RL 250:19.

Section 329:23

    329:23 Repealed by 1995, 286:28, XVI, eff. Jan. 1, 1996. –

Section 329:23-a

    329:23-a License Requirements Suspended; Manchester Veterans Administration Medical Center. –
I. New Hampshire state licensure laws, rules, and regulations for physicians are hereby suspended for those physicians from other states or countries who are employed by the United States Department of Veterans Affairs and who are offering medical services to patients of the Manchester Veterans Administration Medical Center (VAMC) at licensed medical facilities outside of the Manchester VAMC, provided that such physicians are acting within the scope of their employment at the VAMC and possess a current medical license in good standing in their respective state or country of licensure.
II. The acting director of the Manchester VAMC shall submit to the executive director of the New Hampshire office of professional licensure and certification, or designee, a list of all out-of-state or out-of-country physicians offering services in the state of New Hampshire.
III. Nothing in this section shall be construed to preempt or supplant an individual licensed medical facility's policies regarding the emergency credentialing of physicians or any other medical personnel.

Source. 2018, 266:1, eff. June 14, 2018.

Penalty; Liability

Section 329:24

    329:24 Unlawful Practice. –
I. Whoever, not being licensed or otherwise authorized according to the law of this state, shall advertise oneself as practicing medicine, or shall practice medicine, according to the meaning of RSA 329, or in any way hold oneself out as qualified so to do, or call oneself a "physician," or whoever does any such acts after receiving notice that such person's license has been revoked is engaged in unlawful practice.
II. A person who engages in unlawful practice shall be guilty of a misdemeanor for the first offense by an individual or entity; and for any subsequent offense the person shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
III. The board, after hearing and upon making an affirmative finding under RSA 329:24, I, that the person is engaged in unlawful practice, may take action in any one or more of the following ways:
(a) A cease and desist order in accordance with RSA 329:24, IV.
(b) The imposition of an administrative fine not to exceed $50,000.
(c) The imposition of an administrative fine for continuation of unlawful practice in the amount of $1,000 for each day the activity continues after notice from the board that the activity shall cease.
(d) The denial or conditional denial of a license application, application for renewal, or application for reinstatement.
IV. The board is authorized to issue a cease and desist order against any person or entity engaged in unlawful practice. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the board, or the 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 the board.

Source. 1915, 167:16. PL 204:21. RL 250:21. RSA 329:24. 1973, 528:215. 1995, 286:23. 1998, 172:1. 2006, 76:18. 2009, 206:17, eff. July 1, 2009.

Section 329:25

    329:25 Emergency Treatment. – No person, authorized to practice medicine under this chapter or under the laws of any other state, who, in good faith, renders emergency care at the scene of an emergency without making any charge therefor, shall be liable for any civil damages as a result of acts or omissions by such person in rendering such emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care.

Source. 1963, 256:1. 1965, 53:1, eff. June 13, 1965.

Section 329:25-a

    329:25-a Retired Physicians; Immunity From Civil Liability. – Any person who has retired from the practice of medicine and who has notified the board of such person's intention to participate in a program for the education of the public in matters involving the practice of medicine may hold himself or herself out as being retired from the active practice of medicine by adding the designation "Ret," or "Retired" after the reference to such person's medical degrees. Any such retired physician shall be immune from civil liability for providing education in good faith, without compensation in public forums or in response to individual inquiries from members of the public. Education as used in this section does not include advice given to individual members of the public which is in the nature of diagnosis or treatment.

Source. 1996, 81:2, eff. Jan. 1, 1997.

Section 329:26

    329:26 Confidential Communications. – The confidential relations and communications between a physician or surgeon licensed under provisions of this chapter and the patient of such physician or surgeon are placed on the same basis as those provided by law between attorney and client, and, except as otherwise provided by law, no such physician or surgeon shall be required to disclose such privileged communications. Confidential relations and communications between a patient and any person working under the supervision of a physician or surgeon that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those relations or communications were with such supervising physician or surgeon. This section shall not apply to investigations and hearings conducted by the board of medicine under RSA 329, any other statutorily created health occupational licensing or certifying board conducting licensing, certifying, or disciplinary proceedings or hearings conducted pursuant to RSA 135-C:27-54 or RSA 464-A. This section shall also not apply to the release of blood or urine samples and the results of laboratory tests for drugs or blood alcohol content taken from a person for purposes of diagnosis and treatment in connection with the incident giving rise to the investigation for driving a motor vehicle while such person was under the influence of intoxicating liquors or controlled drugs. The use and disclosure of such information shall be limited to the official criminal proceedings.

Source. 1969, 386:1. 1977, 417:21. 1979, 322:21. 1983, 377:11. 1986, 212:2. 1995, 286:24. 1996, 267:2. 2000, 294:4. 2008, 353:1, eff. Sept. 5, 2008.

Review Committees

Section 329:27

    329:27 Repealed by 1975, 360:2, I, eff. Aug. 6, 1975. –

Section 329:28

    329:28 Repealed by 1975, 360:2, II, eff. Aug. 6, 1975. –

Section 329:29

    329:29 Proceedings of the Medical Review Subcommittee. – All proceedings, records, findings and deliberations of the medical review subcommittee related to the investigations of individual licensees are confidential and privileged and shall not be used or available for use or subject to process in any other proceeding. The manner in which the medical review subcommittee and each member thereof deliberates, decides or votes on any matter submitted to it is likewise confidential and privileged and shall not be the subject of inquiry in any other proceeding. The medical review subcommittee may provide information to a hospital committee organized to evaluate matters relating to the care and treatment of patients or to reduce morbidity and mortality, in accordance with RSA 151:13-a, and subject to the privileges and immunities set forth in that section. All medical review subcommittee proceedings that are unrelated to individual licensees or individual patient care shall be conducted in public session and shall be subject to RSA 91-A.

Source. 1975, 245:1. 1985, 348:1. 1995, 286:26. 2009, 206:18, eff. July 1, 2009.

Section 329:29-a

    329:29-a Proceedings of Physician Practice Quality Assurance Program; Confidentiality. –
I. In this section:
(a) "Physician practice" means a physician licensed under this chapter, or group of such physicians, or an organization employing such physician or group, together with all licensed professionals and other staff affiliated therewith.
(b) "Quality assurance program" means a comprehensive, ongoing, and organization-wide system of mechanisms established by a physician practice in accordance with rules adopted by the department of health and human services, for monitoring and evaluating the quality and appropriateness of the care provided to patients, so that important problems and trends in the delivery of care are identified and steps are taken to correct problems and to take advantage of opportunities to improve care. For the purpose of participating in a quality assurance program, physician practices consisting of fewer than 3 physicians shall, while maintaining patient confidentiality, associate with other physician practices so that a quality assurance program shall in all cases involve at least 3 physicians.
(c) "Records" means records of interviews, internal review and investigations, and all reports, statements, minutes, memoranda, charts, statistics, and other documentation generated during the activities of a quality assurance program. "Records" shall not mean original medical records or other records kept relative to any patient in the course of business of operating as a physician practice.
II. Records of a quality assurance program, including those of its functional components and committees, as defined by the physician practice's quality assurance plans, and testimony by persons participating in or appearing before the quality assurance program or its functional components or committees, relating to the activities of the quality assurance program shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, information, documents, or records otherwise available from original sources are not to be construed as immune from discovery or use in any such civil or administrative action merely because they were presented to a quality assurance program, and any person who supplies information or testifies as part of a quality assurance program, or who is a member of a quality assurance program committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her testimony before such program, or opinions formed by him or her, as a result of committee participation. Further, a program's records shall be discoverable in either of the following cases:
(a) A judicial or administrative proceeding brought by a physician practice to revoke or restrict the license or certification of a member physician or staff member; or
(b) A proceeding alleging repetitive malicious action and personal injury brought against a physician practice.
III. The governing body of a physician practice may waive privileges under this section and release information or present records of the quality assurance program by discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. Without waiving privileges under this section, the governing body of a physician practice may voluntarily release information or present records to a hospital quality assurance committee established under RSA 151:13-a, which information or records shall be subject to the privileges and immunities set forth in that section.
IV. No person or entity shall be held liable in any action for damages or other relief arising from their good faith participation in a quality assurance program, or from the providing of information to a quality assurance program or in any judicial or administrative proceeding.

Source. 2001, 113:2, eff. Jan. 1, 2002.

Miscellaneous Provisions

Section 329:30

    329:30 Repealed by 1983, 377:12, III, eff. June 22, 1983. –

Section 329:31

    329:31 Civil Liability; Duty to Warn. –
I. A physician licensed under this chapter has a duty to warn of, or to take reasonable precautions to provide protection from, a client's violent behavior when the client has communicated to such physician a serious threat of physical violence against a clearly identified or reasonably identifiable victim or victims, or a serious threat of substantial damage to real property.
II. The duty may be discharged by, and no monetary liability or cause of action may arise against, a physician licensed under this chapter if the physician makes reasonable efforts to communicate the threat to the victim or victims, notifies the police department closest to the client's or potential victim's residence, or obtains civil commitment of the client to the state mental health system.
III. No monetary liability and no cause of action may arise concerning client privacy or confidentiality against a physician licensed under this chapter for information disclosed to third parties in an effort to discharge a duty under paragraph II.
IV. For purposes of this section, "physician" shall include persons providing treatment under the supervision of a physician licensed under this chapter.

Source. 1986, 175:1, eff. Jan. 1, 1987.

Section 329:31-a

    329:31-a Certain Contract Restrictions Upon Physicians Unenforceable. – Any contract or agreement which creates or established the terms of a partnership, employment, or any other form of professional relationship with a physician licensed by the board to practice in this state, which includes any restriction to the right of such physician to also practice medicine in any geographic area for any period of time after the termination of such partnership, employment, or professional relationship shall be void and unenforceable with respect to said restriction; provided however, that nothing herein shall render void or unenforceable the remaining provision of any such contract or agreement. The requirements of this section shall apply to new contracts or renewals of contracts entered into on or after the effective date of this section.

Source. 2016, 194:1, eff. Aug. 5, 2016.

Section 329:31-b

    329:31-b Prohibition on Balance Billing; Payment for Reasonable Value of Services. –
I. When a commercially insured patient is covered by a managed care plan as defined under RSA 420-J:3, XXV, a health care provider performing anesthesiology, radiology, emergency medicine, or pathology services shall not balance bill the patient for fees or amounts other than copayments, deductibles, or coinsurance, if the service is performed in a hospital or ambulatory surgical center that is in-network under the patient's health insurance plan. This prohibition shall apply whether or not the health care provider is contracted with the patient's insurance carrier.
II. Pursuant to paragraph I, fees for health care services submitted to an insurance carrier for payment shall be limited to a commercially reasonable value, based on payments for similar services from New Hampshire insurance carriers to New Hampshire health care providers.
III. In the event of a dispute between a provider and an insurance carrier relative to the reasonable value of a service under this section, the insurance commissioner shall have exclusive jurisdiction under RSA 420-J:8-e to determine if the fee is commercially reasonable. The provider and the insurance carrier shall each make best efforts to resolve any dispute prior to applying to the insurance commissioner for resolution, which shall include presenting to the other party evidence supporting its contention that the fee level it is proposing is commercially reasonable. The department of insurance may require the parties to engage in mediation prior to rendering a decision.

Source. 2018, 356:1, eff. July 1, 2018.

Partial-Birth Abortion Ban Act

Section 329:32

    329:32 Title. – This act may be known and cited as the "Partial-Birth Abortion Ban Act."

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:33

    329:33 Definitions. –
In this subdivision:
I. "Department" means the department of health and human services.
II. "Medical facility" means any licensed public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person.
III. "Partial-birth abortion" means an abortion in which the person performing the abortion:
(a) Deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and
(b) Performs the overt act, other than completion of delivery, that kills the partially delivered living fetus.
IV. "Physician" means a doctor of medicine or osteopathy legally authorized to practice medicine and surgery licensed by the state in which the doctor performs such activity, or any other individual legally authorized by the state to perform abortions; provided, however, that any individual who is not a physician or not otherwise legally authorized by the state to perform abortions, but who nevertheless directly performs a partial-birth abortion, shall be subject to the provisions of this subdivision.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:34

    329:34 Prohibition; Limitations. –
I. A person shall not knowingly perform or attempt to perform a partial-birth abortion.
II. No person shall perform or induce a partial-birth abortion on a viable fetus unless such person is a physician and has a documented referral from another physician not legally or financially affiliated with the physician performing or inducing the abortion and both physicians determine that the life of the mother is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:35

    329:35 Reporting. –
I. If a physician determines in accordance with the provisions of RSA 329:34, II that a partial-birth abortion is necessary and performs a partial-birth abortion on the woman, the physician shall report such determination and the reasons for such determination in writing to the medical facility in which the abortion is performed for inclusion in the report of the medical facility to the department; or if the abortion is not performed in a medical facility, the physician shall report the reasons for such determination in writing to the department as part of the written report made by the physician to the department. The physician shall retain a copy of the written reports required under this section for not less than 5 years.
II. Failure to report under this section shall not subject the physician to criminal or civil penalties under RSA 329:36 and 329:37.
III. Paragraph II shall not preclude sanctions, disciplinary action, or any other appropriate action by the board.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:36

    329:36 Criminal Penalties. –
I. In addition to other penalties under this chapter, any person who intentionally or knowingly violates this subdivision shall be guilty of a class B felony.
II. Any physician who intentionally or knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined not less than $10,000 nor more than $100,000 under this subdivision, or be imprisoned not less than one year nor more than 10 years, or both.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:37

    329:37 Civil Penalties. –
I. The father, if married to the mother at the time she receives a partial-birth abortion procedure, and, if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.
II. Such relief shall include:
(a) Money damages for all injuries, psychological and physical, occasioned by the violation of this subdivision; and
(b) Statutory damages equal to 3 times the cost of the partial-birth abortion.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:38

    329:38 Review by Board. –
I. A physician-defendant accused of an offense under this subdivision may seek a hearing before the board as to whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
II. The findings on this issue are admissible on this issue at the civil and criminal trials of the physician-defendant. Upon a motion of the physician-defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:39

    329:39 Penalties for Ambulatory Health Care Facilities. –
I. An ambulatory health care facility licensed pursuant to RSA 151 in which the partial-birth abortion is performed in violation of this subdivision shall be subject to immediate revocation of its license by the department.
II. An ambulatory health care facility licensed pursuant to RSA 151 in which the partial-birth abortion is performed in violation of this subdivision shall lose all state funding for 3 years and shall be required to reimburse the state for funds from the fiscal year in which the partial-birth abortion was performed.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:40

    329:40 Prosecutorial Exclusion. – A woman upon whom a partial-birth abortion is performed may not be prosecuted under this subdivision for a conspiracy to violate RSA 329:34.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:41

    329:41 Construction. –
I. Nothing in this subdivision shall be construed as creating or recognizing a right to abortion.
II. It is not the intention of this subdivision to make lawful an abortion that is currently unlawful.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Section 329:42

    329:42 Severability. – If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application, and to this end the provisions of this subdivision are declared to be severable.

Source. 2012, 283:2, eff. Jan. 1, 2013.

Fetal Life Protection Act

Section 329:43

    329:43 Definitions. –
In this subdivision:
I. "Abortion" means the act of using or prescribing any instrument, medicine, drug, or any other substance, device, or means with the intent to terminate the clinically diagnosable pregnancy of a woman with knowledge that the termination by those means will with reasonable likelihood cause the death of the fetus. Such use, prescription, or means is not an abortion if done with the intent to:
(a) Save the life or preserve the health of the fetus;
(b) Remove a dead fetus caused by spontaneous abortion; or
(c) Remove an ectopic pregnancy.
II. "Attempt to perform" means an act or omission of a statutorily required act that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in the performance or inducement of an abortion.
III. "Conception" means the fusion of a human spermatozoon with a human ovum.
IV. "Gestational age" means the time that has elapsed since the first day of the woman's last menstrual period.
V. "Major bodily function" includes, but is not limited to, functions of the immune system, normal cell growth, and digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
VI. "Medical facility" means any public or private hospital, clinic, center, medical school, medical training institution, health care facility, physician's office, infirmary, dispensary, ambulatory surgical treatment center, or other institution or location wherein medical care is provided to any person.
VII. "Health care provider" means any person who provides health care services. The term includes but is not limited to medical doctors, doctors of osteopathy, nurses, or any employee of a medical facility.
VIII. "Pregnant" or "pregnancy" means the female reproductive condition of having one or more developing embryos or fetuses implanted in the uterus or elsewhere in the female body.
IX. "Probable gestational age" means what, in reasonable medical judgment, will with reasonable probability be the gestational age of the fetus at the time the abortion is considered, performed, or attempted.
X. "Reasonable medical judgment" means that medical judgment that would be made by a reasonably prudent health care provider in the community, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.
XI. "Fetus" means an unborn offspring, from the embryo stage which is the end of the twentieth week after conception or, in the case of in vitro fertilization, the end of the twentieth week after implantation, until birth.

Source. 2021, 91:39, eff. Jan. 1, 2022.

Section 329:44

    329:44 Prohibition. –
I. Except in the case of a medical emergency as specifically defined in paragraph III, no abortion shall be performed, induced, or attempted by any health care provider unless a health care provider has first made a determination of the probable gestational age of the fetus. In making such a determination, the health care provider shall make such inquiries of the pregnant woman and perform or cause to be performed all such medical examinations, imaging studies, and tests as a reasonably prudent health care provider in the community, knowledgeable about the medical facts and conditions of both the woman and the fetus involved, would consider necessary to perform and consider in making an accurate diagnosis with respect to gestational age, provided, however, that the health care provider shall conduct an obstetric ultrasound examination of the patient for the purpose of making the determination.
II. Except in a medical emergency as specifically defined in paragraph III, no health care provider shall knowingly perform, induce, or attempt to perform an abortion upon a pregnant woman when the probable gestational age of her fetus has been determined to be at least 24 weeks or in the absence of a determination by a health care provider pursuant to paragraph I as to the fetus' probable gestational age.
III. For the purposes of this subdivision only, "medical emergency" means a condition in which an abortion is necessary to preserve the life of the pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, or when continuation of the pregnancy will create a serious risk of substantial and irreversible impairment of a major bodily function, as defined in RSA 329:43, V, of the pregnant woman.

Source. 2021, 91:39, eff. Jan. 1, 2022.

Section 329:45

    329:45 Reporting. –
I. Any health care provider who performs an abortion under this subdivision shall report, in writing, to the medical facility in which the abortion is performed the reason for the determination that a medical emergency existed. The health care provider's written report shall be included in a written report from the medical facility to the department of health and human services. If the abortion is not performed in a medical facility, the health care provider shall report, in writing, the reason for the determination that a medical emergency existed to the department of health and human services as part of the written report made by the health care provider to the department. The health care provider and the medical facility shall retain a copy of the written reports required under this section for not less than 5 years.

Source. 2021, 91:39, eff. Jan. 1, 2022.

Section 329:46

    329:46 Criminal Penalties. – Any health care provider who knowingly performs or induces an abortion in violation of this subdivision and knows that the fetus has a gestational age of at least 24 weeks, or consciously disregards a substantial risk that the fetus has a gestational age of at least 24 weeks, shall be guilty of a class B felony and, in addition to any other penalties the court may impose, be fined not less than $10,000 and not more than $100,000.

Source. 2021, 91:39, eff. Jan. 1, 2022.

Section 329:47

    329:47 Civil Remedies. –
I. The woman, the father of the fetus if married to the mother at the time she receives an abortion in violation of this subdivision, and/or, if the mother has not attained the age of 18 years at the time of the abortion, the maternal grandparents of the fetus may in a civil action obtain appropriate relief, unless the pregnancy resulted from the plaintiff's criminal conduct or, if brought by the maternal grandparents, the maternal grandparents consented to the abortion.
II. Such relief shall include monetary damages for all psychological and physical injuries caused by the violation of this subdivision.

Source. 2021, 91:39, eff. Jan. 1, 2022.

Section 329:48

    329:48 Review by New Hampshire Board of Medicine. –
I. A defendant health care provider accused of violating this subdivision may seek a hearing before the board of medicine as to whether the health care provider's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself; and/or as to whether the continuation of the pregnancy would have created a serious risk of substantial and irreversible impairment of a major bodily function, as defined in RSA 329:43, V, of the pregnant woman.
II. The findings on this issue are admissible at the criminal and civil trials of the defendant. Upon a motion of the defendant, the court shall delay the beginning of the trial for not more than 30 days to permit such a hearing to take place.

Source. 2021, 91:39, eff. Jan. 1, 2022.

Section 329:49

    329:49 Construction. – Nothing in this subdivision shall be construed as creating or recognizing a right to abortion.

Source. 2021, 91:39, eff. Jan. 1, 2022.

Section 329:50

    329:50 Severability. – If any provision of this subdivision or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the subdivision which can be given effect without the invalid provision or application. This subdivision shall retain its purpose and effect to the maximum extent permitted under the state and federal constitutions, whether through the severance of provisions or applications, judicial injunction or construction, or any other just and proper remedy. The general court further declares that it prefers any judicial remedy whatsoever to one that has the effect of permitting all abortions throughout gestation, whether such permission is effected through the complete invalidation of this subdivision or through any other means.

Source. 2021, 91:39, eff. Jan. 1, 2022.