CHAPTER Acp 100 DEFINITIONS, ORGANIZATION AND PUBLIC INFORMATION

PART Acp 101 PURPOSE AND SCOPE

Acp 101.01 Purpose and Scope.

(a) The rules of this title implement the statutory responsibilities of the New Hampshire board of acupuncture licensing created by RSA 328-G:3.

(b) The board’s responsibilities include, but are not limited to:

(1) The establishment of organizational rules under which the board operates;

(2) The granting and issuance of licenses to qualified applicants;

(3) The establishment of standards for continuing education;

(4) The granting and issuance of renewal licenses;

(5) The further defining of the scope of practice of licensees, in accordance with RSA 328-G:10, II;

(6) The establishment and enforcement of professional standards of conduct for licensees;

(7) The hearing of complaints and the subsequent undertaking of disciplinary proceedings and disciplinary actions against licensees, in accordance with RSA 328-G and these rules;

(8) The investigation and preparation of reports on any matter within the scope of RSA 328-G; and

(9) The assessment of administrative fines against licensees, pursuant to RSA 328-G:12, III(4).

Source. #7080, eff 8-26-99

PART Acp 102 DEFINITIONS

Acp 102.01 Terms Used.

(a) “ACAOM” means the Accreditation Commission for Acupuncture and Oriental Medicine, and was formerly known as the National Accreditation Commission for Schools and Colleges of Acupuncture and Oriental Medicine (NACSCAOM).

(b) “Acupuncture”, as cited in RSA 328-G:2, I, means primarily the insertion of needles through the skin at certain points on the body, with or without application of electric current and/or heat, for the purpose of promoting health and balance as defined by the principles of oriental medicine. It also includes the allied techniques and modalities of oriental medicine, both traditional and modern, as set forth in Acp 601.03.

(d) “Administrator” means the person with delegated authority to perform administrative and clerical functions for the board.

(e) “Applicant” means a person who has an application for an acupuncture license pending before the board.

(f) “Board” means the New Hampshire board of acupuncture licensing.

(g) “CCAOM” means the Council of Colleges of Acupuncture and Oriental Medicine.

(h) “Clean Needle Technique Course” (CNT) means a practical examination, administered by the CCAOM or the NCCAOM, that tests an acupuncturist’s ability to demonstrate an understanding of sterile needle usage.

(i) Continuing education unit (CEU) means a unit of Professional Development Activity as set forth in Acp 402.04.

(j) “Credentials Documentation Review” (CDR) means a method by which experienced acupuncturists, many of whom designed the original NCCAOM national exam, were evaluated for NCCAOM certification without examination. It was a method utilized in 1984-85 and reopened once again in 1989. It has not been used since that date.

(k) “Licensee” means a person who holds a license issued by the board pursuant to RSA 328-G.

(l) “NCCAOM” means the National Certification Commission for Acupuncture and Oriental Medicine, and was formerly known as the National Commission for the Certification of Acupuncturists (NCCA).

(m) “Oriental medicine” means the distinct, dynamic, and continually evolving system of health care that diagnoses and treats illness, injury, pain or other conditions by controlling and regulating the flow and balance of energy to restore and maintain health.

(n) “Professional Development Activities” (PDAs) as set forth in Acp 402.04(a) means all activities of continuing education including, not only oriental medicine-related continuing education courses, but also professional research, writing for publication, teaching and clinical supervision, and supervised clinical experience.

(o) “Tentative decision” means a board action which instructs the board’s staff or a board committee to prepare a draft document which satisfies generally stated policy objectives, subject to subsequent review and approval by the board.

Source. #7080, eff 8-26-99

PART Acp 103 AGENCY ORGANIZATION

Acp 103.01 Composition of the Board. The board consists of 5 members who meet the eligibility requirements of RSA 328-G:3.

Source. #7080, eff 8-26-99

Acp 103.02 Staff. The board shall obtain staff assistants to perform its record keeping and other statutory functions, and to oversee the board's daily operations. The board shall designate an administrator who shall be responsible for maintaining all records of the board’s activities and for receiving correspondence, filings and other communications and documents.

Source. #7080, eff 8-26-99

Acp 103.03 Office Hours, Office Location, Mailing Address, and Telephone.

(a) The board's office address and telephone numbers are as follows:

Board of Acupuncture Licensing

Office of Professional Licensure and Certification

7 Eagle Square

Concord, NH 03301

(603) 271-9254

(b) The board’s offices shall be open to the public weekdays, excluding holidays, from 8:00 a.m. to 4:00 p.m.

(c) Correspondence, filings, and other communications intended for the board shall be addressed to “Administrator, New Hampshire Board of Acupuncture Licensing”, at the location stated in Acp 103.03(a).

Source. #7080, eff 8-26-99; ss by 13310-A, eff 12-17-21

PART Acp 104 PUBLIC INFORMATION

Acp 104.01 Record of Board Actions. Minutes shall be kept of board meetings and of official actions taken by the board. These minutes shall record the members who participate in each vote and shall separately record the position of members who choose to dissent, abstain or concur. Minutes of board actions which are not confidential under RSA 91-A:3, II or RSA 91-A:5 shall be public records and shall be available for inspection during the board's ordinary office hours within 144 hours from the close of the meeting or vote in question unless the 72 hour availability requirement of RSA 91-A:3, III is applicable.

Source. #7080, eff 8-26-99

Acp 104.02 Custodian of Records. The administrator shall be the custodian of the board's records and shall make available, upon request, those records which are subject to public inspection.

Source. #7080, eff 8-26-99

Acp 104.03 Inspection of Records. Persons desiring to inspect board records shall identify as specifically as possible the information being sought. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

Source. #7080, eff 8-26-99

Acp 104.04 Copies of Records. Persons desiring copies of board records shall identify as specifically as possible the information being sought and shall agree to pay the actual copying fees charged by the Department of Health and Human Services. If records are requested which contain both public and confidential information, the board shall delete the confidential information and provide the remaining information.

Source. #7080, eff 8-26-99

PART Acp 105 MEETINGS, DELIBERATIONS AND DECISIONS

Acp 105.01 Meetings. The board shall meet no less than twice a year, and at such additional times as the board chair, or a majority of the board, shall designate. The time and place of the meetings shall be noticed to the public in accordance with RSA 91-A:2.

Source. #7080, eff 8-26-99

Acp 105.02 Ineligibility to Participate.

(a) A board member shall not be eligible to vote on or substantively participate in matters pertaining to:

(1) His or her own license application or renewal application;

(2) Any other matter regarding his or her license; and/or

(3) Any matter coming before the board in which the member has a personal, professional, or financial interest including, but not limited to, any matter involving not only the board member, but also a spouse, parent, child, or business partner, or a business investment.

(b) The board member shall promptly disclose to the board any such interest and shall recuse himself or herself from participating in board deliberations or actions pertaining to that matter.

Source. #7080, eff 8-26-99

PART Acp 106 APPOINTMENT OF COMMITTEES

Acp 106.01 Committees.

(a) The board shall delegate investigatory and other functions within its jurisdiction to committees consisting of one or more board members when such delegations are necessary to perform the board’s work more efficiently.

(b) Committees shall undertake investigations and make recommendations to the board, but shall not take final action on behalf of the board.

(c) Committees shall not retain paid advisors or consultants or use the voluntary services of non-board members unless expressly authorized to do so by the board.

Source. #7080, eff 8-26-99

CHAPTER Acp 200 PRACTICE AND PROCEDURE

Statutory Authority: RSA 328-G:7, VII, XII, and XIII; RSA 541-A:16, I(b)-(d)

PART Acp 201 PURPOSE

Acp 201.01 Purpose. The board shall conduct proceedings for the purpose of acquiring sufficient information to make fair and reasonable decisions on matters within its statutory jurisdiction, including decisions on applications and complaints filed against licensees. These proceedings shall secure a just, efficient and accurate resolution.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 202 DEFINITIONS

Acp 202.01 Definitions.

(a) "Hearing" means the receipt and consideration by the board of data or argument, or both, by methods appropriate to the circumstances, and includes:

(1) Conducting trial-type evidentiary proceedings;

(2) Directing the filing of exhibits, affidavits, memoranda, briefs, or oral arguments; or

(3) Any combination of these or similar methods.

(b) "Order" means a document issued by the board:

(1) Establishing procedures to be followed in an adjudicatory or nonadjudicatory proceeding;

(2) Granting or denying a petition or motion;

(3) Requiring a person to do, or to abstain from doing, something; or

(4) Determining a person's rights to a license or other privilege established by RSA 328-G or rules of this chapter.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 203 FAILURE TO COMPLY WITH RULES

Acp 203.01 Failure to Comply With Rules. Failure to comply with the rules of this chapter shall result in:

(a) Refusal of a noncompliant document for filing;

(b) Denial or conditional denial of a noncompliant application, petition, or motion; or

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 204 COMPLAINTS AND INVESTIGATIONS

Acp 204.01 Initiation of Disciplinary Proceedings. The board shall undertake investigations and disciplinary hearings, in response to a written complaint filed in accordance with Acp 208.02 or in response to other information that comes to the board's attention.

Source. #7081, eff 8-26-99; ss by #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 204.02 Processing of Complaints.

(a) Upon receipt of a complaint, the board shall commence an investigation pursuant to Acp 204.03.

(b) The board shall dismiss a complaint at any time for failure to state a cause of action, failure to respond to a request for information, or failure to participate in any investigation or hearing ordered by the board.

(c) At any stage of the board’s investigation of the allegations in a complaint, the board shall, with the consent of the licensee, issue a final settlement agreement or consent order that imposes discipline upon the licensee and terminates further disciplinary action in whole or part, provided that:

(1) The complainant receives notice and an opportunity to submit written comments concerning the proposed settlement or consent decree; and

(2) There are no material facts in dispute.

(d) At any time during the board’s investigation of the allegations in a complaint, the board shall encourage the licensee and the complainant to participate in mediation on a timely and good faith basis with a designated non-board member who agrees to act as a mediator.

(e) When mediation is suggested under (d) above, the mediator shall attempt resolution of the dispute between the complainant and the licensee, and, within 60 days of reaching consensus through mediation, shall submit a written report to the board.

(f) The report noted under (e) above, shall contain:

(1) A written settlement agreed to by the parties; or

(2) A report of the circumstances that appear to prevent settlement of the issues between the parties.

(g) Upon receiving the mediator’s report, the board shall, with consent of complainant, and pursuant to Acp 204.02(f)(2) above, discontinue its investigation. The board shall then issue an order of settlement, or if there is no settlement, proceed to initiate further disciplinary proceedings.

(h) Information gathered during investigations shall not be released to the public until an evidentiary hearing is held or a final settlement or other disposition of such a proceeding is reached. Information that is classified by law as confidential shall not be revealed unless it has been introduced as evidence.

Source. #7081, eff 8-26-99; ss by #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 204.03 Investigations.

(a) The board shall conduct such investigations as it deems necessary to examine acts of possible misconduct that come to its attention through complaints or other means.

(b) Investigations shall not commence a disciplinary hearing and shall not constitute an allegation of misconduct against a licensee.

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

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

(e) Following the investigation, the investigator shall make a written report and recommendation to the board as to whether there is reasonable basis to conclude that the complaint concerns facts that constitute misconduct.

(f) Investigatory reports and all information gathered by an investigator shall be public unless confidential as established by law and provided as follows:

(1) The investigator’s report shall be made available to the parties and intervenors in any adjudicatory proceeding resulting therefrom; and

(2) The board shall provide the nonconfidential information gathered in disciplinary investigations to:

a. Law enforcement agencies;

b. Boards or agencies relating to the practice of health care in other jurisdictions;

c. Board investigators or prosecutors;

d. Expert witnesses or assistants retained by board prosecutor or investigators in the same or related disciplinary matters; or

e. Persons to whom the licensee has given a release.

Source. #7081, eff 8-26-99; ss by #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 205 PRESIDING OFFICER

Acp 205.01 Designation.

(a) Adjudicatory proceedings commenced by the board shall be conducted by a presiding officer.

(b) The board shall appoint a board member or a member of the board's staff to serve as presiding officer.

(c) The presiding officer shall serve in a conscientious and truthful manner or shall be removed by the board without notice or hearing.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 205.02 Authority of Presiding Officer.

(a) The presiding officer shall possess all authority with respect to the procedural aspects of adjudicatory proceedings that would be possessed by the board itself, including, but not limited to, the power to administer oaths and affirmations, direct the course of the proceedings, and decide procedural and discovery issues.

(b) The presiding officer shall receive no testimony or oral argument on the merits of the case unless 3 board members are present.

(c) Except in proceedings conducted pursuant to Acp 212.03(b)(6), the presiding officer shall, to the extent consistent with the fair and orderly conduct of the proceeding, permit board members who are present during any stage of an adjudicatory proceeding to query the witnesses.

(d) The presiding officer shall not accept final offers of settlement or impose consent decrees, but shall assist the parties in reaching settlements. When a settlement has been proposed in writing, the presiding officer shall refer it to the board for decision, but shall not stay the proceeding while the board is deliberating the settlement proposal.

(e) The presiding officer shall not decide motions or enter orders which finally resolve the proceeding or stay the proceeding. Potentially dispositive motions shall be referred to the board or deferred until the close of the record.

(f) If the presiding officer believes that a default or similar final order should enter against a party, the presiding officer shall issue a written recommendation to the board, with service on the parties, and the board shall take appropriate action after allowing the parties 10 days to file objections thereto.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 205.03 Withdrawal of Presiding Officer.

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

(b) Good cause shall exist if a presiding officer or board official:

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

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

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

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 205.04 Waiver or Suspension of Rules by Presiding Officer. The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the board than would adherence to a particular rule or procedure.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 206 ROLES OF BOARD STAFF AND COMPLAINANTS

Acp 206.01 Role of Board Staff in Enforcement or Disciplinary Hearings. Unless called as witnesses, board staff as defined in Acp 103.02 shall have no role in any enforcement or disciplinary hearing.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 206.02 Role of Complainants in Enforcement or Disciplinary Hearings. Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the board about the conduct of a person who becomes a party shall have no role in any enforcement or disciplinary hearing.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

PART Acp 207 COMMENCEMENT OF PROCEEDINGS

Acp 207.01 Applicability. This part shall govern all proceedings conducted by the board except rulemaking and declaratory rulings.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 207.02 Commencement.

(a) The board shall commence an adjudicatory proceeding by issuing a notice to the parties at least 15 days before the first scheduled hearing date or first prehearing conference.

(b) The notice commencing an adjudicatory proceeding shall:

(1) Identify the parties to the proceeding as of the date of the order;

(2) Briefly summarize the subject matter of the proceeding, and identify the issues to be resolved;

(3) Attach any complaint against the licensee that forms, in whole or in part, the basis of the issues to be resolved;

(4) Specify the legislative authority for the proposed action, and identify any applicable board regulations;

(5) Specify any special procedures to be followed;

(6) Specify the date by which, and the address where, appearances or motions by representatives shall be filed;

(7) Specify the date, time, and location of an initial prehearing conference or dates for an oral hearing;

(8) Identify the presiding officer for the proceeding;

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

(10) Contain such other information as the circumstances of the case may warrant including, but not limited to, orders consolidating or severing issues in the proceeding with other proceedings or orders directing the production of documents.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 207.03 Docketing, Service of Notice, Public Notice.

(a) The board shall assign each adjudicatory proceeding a docket number, and serve the hearing notice upon all parties to the proceeding. The hearing notice shall be served upon the respondent by means of certified mail.

(b) Service of all subsequent orders, decisions and notices issued by the board, including any amendments to the hearing notice, shall be served upon the parties and intervenors by regular mail.

(c) Orders, notices, and decisions of the board, and motions, memoranda, exhibits, and other documents and data submitted to the board in a docketed case shall be kept in a docket file and made available for public inspection in the board's office except to the extent that confidentiality has been provided for under the provisions of law.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 207.04 Ex Parte Communications. Once a notice of hearing has been issued in an adjudicatory proceeding, no party shall communicate with any member of the board, or the presiding officer, concerning the merits of the case except upon notice to all parties and granting an opportunity for such party or parties to participate. In accordance with the rules of this chapter, no party shall cause another person to make such communications or otherwise engage in conduct prohibited by RSA 541-A:36.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 207.05 Rights to Representation.

(a) Any party in an adjudicatory proceeding may be represented by counsel or lay representation, but such person appearing on behalf of a party shall first file a letter announcing the fact of representation at the earliest date practicable.

(b) Requests to the board for counsel shall be denied and the board shall assume no responsibility for expenses of any party, except as specified in RSA 328-G:11, IV.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 207.06 Representatives and Appearances.

(a) Persons appearing before the board shall represent themselves or be represented by:

(1) A New Hampshire licensed attorney who has filed a written appearance with the board containing his or her business address and telephone number; or

(2) An individual who is not a New Hampshire licensed attorney, and has filed a written appearance with the board containing:

a. A statement of intent to represent, signed by both the representative and the party who would be represented; and

b. The representative’s daytime address and telephone number.

(b) Corporations, partnerships and other legal entities that are not natural persons shall be represented only by:

(1) An attorney licensed in New Hampshire; or

(2) An officer, director, or responsible person who has express and written authority to act on behalf of the entity concerning the matter in question and has filed a motion for leave to appear as a representative.

(d) The board shall, after providing notice and opportunity for hearing, restrict an individual from acting as a representative before the board when the representative's behavior would constitute misconduct if the representative were an attorney.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED 3-20-12

New. #10157, eff 6-27-12

Acp 207.07 Intervention.

(a) Petitions for intervention shall be filed any time after commencement of a proceeding, and state:

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

(2) The petitioner's position with respect to the subject matter of the hearing;

(3) Why the interests of the parties and the orderly and prompt conduct of the proceeding would not be impaired; and

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

(b) Petitions for intervention shall be granted if the petitioner has an interest in the proceeding and has clearly stated this interest.

(c) Petitions for intervention shall be granted subject to Acp 209.03, and orders granting intervention shall be subject to modifications.

(d) A person filing a complaint that becomes the subject of a disciplinary hearing shall be served with the hearing notice and notified of the right to intervene in the proceeding.

(e) Once granted leave to intervene, intervenors shall take the proceeding as they find it and no portion of the proceeding shall be repeated because of the fact of intervention.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 207.08 Consolidation and Severance.

(a) Whenever it shall appear to the board, upon motion or its own initiative, that 2 or more proceedings involve substantially similar or substantially related issues, the board shall, as fairness and efficiency permit, consolidate those proceedings for hearing, or decision, or both.

(b) Whenever it shall appear to the board, upon motion or its own initiative, that injury to the substantial rights of a party or undue delay may be thereby avoided, the board shall, as fairness and efficiency permit, sever one or more issues from a proceeding, and dispose of those issues in another proceeding.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART 208 FILING AND SERVICE OF DOCUMENTS

Acp 208.01 Filing of Documents with the Board.

(a) A document shall be considered filed when it is actually received at the board's office in Concord and conforms to the requirements of this chapter. A document tendered for filing that is patently and facially in violation of the board's rules shall be returned to the sender and not accepted for filing.

(b) All documents filed shall be filed with an original and 5 copies, except that only a single copy of correspondence, applications and complaints against licensees shall be filed.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-0303; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 208.02 Subscription and Veracity of Documents.

(a) All complaints, petitions, motions, and replies filed with the board shall be signed by the proponent of the document or, if the party appears by representative, by the representative.

(b) The applicant's signature on a document filed with the board shall certify that:

(1) The applicant has read the document;

(2) The applicant is authorized to file it;

(3) To the best of the applicant's knowledge, information, and belief, there are good grounds to support it; and

(4) The document has not been filed for purposes of delay or harassment.

(c) A willful violation of (b), above, shall cause the board to issue an order adverse to the party committing the violation.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 208.03 Service of Documents.

(a) Complaints against licensees shall be filed with the board with service upon the licensee in question.

(b) Petitions for rulemaking and petitions for declaratory rulings shall be filed with the board by the petitioner without service upon other persons.

(c) All motions, replies, exhibits, memoranda, or other documents filed in an adjudicatory proceeding shall be served by the proponent upon all parties to the proceeding by:

(1) Depositing a copy of the document in the United States Postal Service, first class postage prepaid, addressed to the last address given to the board by the party being served, no later than the day the document is filed with the board; or

(2) Delivering a copy of the document in hand on or before the date it is filed with the board.

(d) All notices, orders, decisions, or other documents issued by the board in the course of an adjudicatory proceeding shall be served by the board upon all parties and intervenors to the proceeding by either:

(1) Depositing a copy of the document, first class postage prepaid, in the United States Postal Service, addressed to the last address given to the board by the party being served; or

(2) If a party or intervenor is not represented, delivering a copy of the document in hand to the party or intervenor.

(e) When a party or intervenor authorizes a representative, service shall be upon the representative.

(f) Except for exhibits distributed at a prehearing conference or hearing, every document filed with the board, and required to be served upon the parties and intervenors to an adjudicatory proceeding, shall be accompanied by a certificate of service, signed by the person making service, attesting to the method and date of service, and the persons served.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 209 PLEADINGS, COMPLAINTS, AND MOTIONS

Acp 209.01 Pleadings.

(a) The only pleadings permitted shall be petitions, other than rulemaking and replies to petitions. Applications shall not be considered pleadings.

(b) All petitions shall contain:

(1) The name and address of the petitioner;

(2) The name and address of the petitioner's representative, if any;

(3) A concise statement of the facts that caused the petitioner to request the board to act;

(4) The action that the petitioner wishes the board to take; and

(5) The identification of any statutes, rules, orders, or other authority that entitles the petitioner to request the board to act.

(1) The name and address of the petitioner;

(2) The name and address of the representative of the petitioner, if any;

(3) A statement addressing each fact alleged in the petition pursuant to Acp 209.03(d);

(4) A statement addressing the authority identified by the petitioner pursuant to Acp 209.03(c)(3);

(5) A concise response to each statement noted in Acp 209.03(d);

(6) The identification of any statutes, rules, orders, or other authority, not identified in the petition, having a bearing upon the subject matter of the petition; and

(7) The action the board took.

(d) Replies shall be filed within 90 days from the date of the petition.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 209.02 Complaints of Licensee Misconduct.

(a) Notwithstanding Acp 209.01, complaints shall be governed exclusively by this section.

(b) Complaints alleging misconduct by licensees noting violations of RSA 328-G:2, II, shall be in writing and filed at the board's offices in Concord, New Hampshire.

(1) The name and address of the complainant;

(2) The name and address of the licensee against whom the complaint is directed;

(3) Date, time, place and summary of alleged violation(s);

(4) Name, address of those having knowledge of the alleged violations;

(5) Specific provision of RSA 328-G:12, II, and Acp 503 on which the complaint is based; and

(6) Other data the complainant believes pertinent to the complaint.

(d) A complaint shall not be accepted that alleges acts of misconduct that occurred more than 6 years before the filing date unless it also alleges that these acts could not have reasonably been discovered during all or some substantial part of the intervening 6-year period.

(e) A complaint shall be treated as a petition to the board within the meaning of RSA 541-A:29.

(f) The licensee shall respond in writing to stated misconduct allegations by responding to each allegation within 30 days. Failure to so respond shall result in an order of default, including disciplinary sanctions, against the licensee.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 209.03 Motions and Objections Thereto.

(a) Unless presented during an oral session of a proceeding, all motions and objections shall be in writing.

(b) All motions shall state clearly and concisely:

(1) The purpose;

(2) The relief sought;

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

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

(1) The defense of the party or intervenor filing the objection;

(2) The action which the party or intervenor filing the objection wishes the board to take;

(3) The statutes, rules, orders, or other authoritative relief in defense of the motion; and

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

(d) An objection to a motion shall specifically admit or deny each fact contained in the motion. Failure to deny a fact contained in the motion shall constitute the admission of that fact for the purpose of the motion. In the event a party or intervenor filing an objection to a motion lacks sufficient information to either admit or deny a fact contained in the motion, the party or intervenor shall so state, specifically identifying each such fact.

(e) Motions shall be decided upon the writings submitted. Repetitious motions shall not be submitted.

(f) The board shall rule on motions as soon as practicable after the filing of the motion.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 210 TIME PERIODS

Acp 210.01 Computation of Time. Any time period specified in an order shall begin with the day following the act, event, or default, and shall include the last day of the period, unless it is Saturday, Sunday, or state legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or state legal holiday. When the period prescribed or allowed is less than 7 days, intermediate Saturdays, Sundays, and state legal holidays shall be excluded from the computation.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 210.02 Change in Allowed Times. A motion for a change of time shall be granted upon concurrence with all parties.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 210.03 Limitations. A motion to change time shall be filed at least 3 business days prior to the event in question.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 211 CONTINUANCE REQUESTS AND FAILURE TO ATTEND HEARING

Acp 211.01 Continuances.

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

(b) If a continuance is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a continuance would assist in resolving the case fairly.

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

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 211.02 Failure to Attend Hearing. If any party to whom notice has been given in accordance with Acp 208.03 fails to attend a hearing, the presiding officer shall:

(a) Declare that party to be in default; and

(b) Either:

(1) Dismiss the case, if the party with the burden of proof fails to appear; or

(2) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 212 PREHEARING MATTERS

Acp 212.01 Discovery and Disclosure. Upon the written request of a party, the board shall disclose to the parties any information, not privileged, in the possession of the board, that is pertinent to the subject matter of the proceeding.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 212.02 Subpoena.

(a) Subpoena for the attendance of witnesses or the production of evidence in disciplinary proceedings shall be issued only upon the order of the board.

(b) A subpoena shall be issued on the initiative of the board or in response to the motion of a party.

(c) A party requesting a subpoena shall attach a copy of the proposed subpoena to its motion and if the motion is granted, the requesting party shall be responsible for the service of the subpoena and payment of any witness fee and mileage expenses that might be required.

(d) The person to whom the subpoena is directed may, within 10 days after service of the subpoena, or before the date specified by the board in the subpoena for compliance therewith, whichever is earlier, file a motion to quash or modify the subpoena.

(e) If the board denies the motion to quash or modify, in whole or in part, the person to whom the subpoena is directed shall comply with the subpoena, within the time prescribed in the subpoena, unless the board expressly provides additional time to comply.

(f) A subpoena shall be served by any person who is 18 years of age or older, and in the manner authorized for service of subpoenas in the New Hampshire superior court. The fact of service shall be written on the reverse of the original copy of the subpoena by the person making service and a copy shall be immediately returned to the board by the person making service.

(g) Should any person fail to comply with a subpoena issued pursuant to this section, the board shall seek judicial enforcement.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 212.03 Prehearing Conferences.

(a) At any time following the commencement of an adjudicatory proceeding, the board shall, upon motion, or upon its own initiative, encourage all parties and intervenors to attend one or more prehearing conference(s) to aid in the disposition of the proceeding.

(b) The following shall be considered at a prehearing conference:

(1) Settlement;

(2) Simplification of the issues;

(3) Possible amendments to the pleadings;

(4) Possible admissions of facts and of documents to avoid unnecessary proof;

(5) Possible limitations on the number of witnesses;

(6) Possible changes to the standard procedures which would otherwise govern proceeding;

(7) The distribution of written testimony, if any, and exhibits to the parties and intervenors;

(8) Possible consolidation of the examination of witnesses by the parties and intervenors;

(9) A time frame for exchange of witness and evidence lists; and

(10) Any other matters which might contribute to the prompt and orderly conduct of the proceedings.

(c) The board shall cause prehearing conferences to be recorded unless all parties wish to discuss possible settlement off the record, in which case only the discussion of possible settlement shall not be recorded. Matters decided at a prehearing conference shall be reflected in an appropriate order.

(d) Prehearing conferences in disciplinary proceedings shall not be open to the public, to the extent consistent with RSA 91-A.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 212.04 Witness and Evidence Exchange. Parties and intervenors shall exchange complete lists of witnesses and evidence pursuant to the timetable established in accordance with Acp 212.03(b)(9). Copies of all documentary evidence shall be provided to all parties and intervenors.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 213 CONDUCT OF ADJUDICATIVE HEARINGS

Acp 213.01 Method of Proceeding. Unless all parties and intervenors agree to a modification of the process, the board shall hold a trial-type evidentiary hearing with an opportunity for the subsequent submission of memoranda. Each party or intervenor shall have the opportunity to call its own witnesses and to cross-examine other witnesses who testify at the evidentiary hearing. The board shall conduct individual proceedings in a trial-type evidentiary hearing, unless otherwise agreed by the parties and intervenors, and the presiding officer shall schedule supplemental argument or hearing, or otherwise reopen the record, at any time prior to the issuance of a final order in a proceeding.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 213.02 Burden, Standard and Order of Proof.

(a) The party asserting the affirmative of a proposition shall have the burden of proving the truth of that proposition by a preponderance of the evidence.

(b) Without limiting the generality of Acp 213.02(a), all moving parties and intervenors and all petitioners shall have the burden of persuading the board that their motions or petitions should be granted.

(c) The complainant shall present its case first, followed by the respondent. For purposes of presentation of evidence, intervenors shall be considered either complainants or respondents.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 213.03 Evidence.

(a) Proceedings shall not be conducted under the rules of evidence, but the evidentiary privileges recognized by the law of New Hampshire shall apply to proceedings under this chapter.

(b) All data that will reasonably assist the board to arrive at the truth shall be admissible.

(d) If the board notices a fact, it shall so state, and permit any party the opportunity to show the contrary.

(e) Witnesses appearing before the board shall testify under oath or affirmation.

(f) The board shall cause a tape recording or stenographic record to be made of hearings and prehearing conferences. This record shall not be transcribed unless a request is made by a person who also agrees to pay the cost of the transcription.

(g) Information provided during an evidentiary hearing shall be considered public information.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 213.04 Inquiry By Board Members.

(a) Subject to the direction of the presiding officer who shall regulate the time and manner of speaking in an orderly fashion, board members present during adjudicative proceedings shall question witnesses and make such inquiry of witnesses as they believe appropriate.

(b) Whenever credibility of witnesses is material to the outcome of the hearing, those rendering the decision in the case shall be present for such testimony.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 213.05 Exceptions to Rulings By the Presiding Officer.

(a) There shall be no interlocutory appeal to the board of procedural or discovery orders made by the presiding officer.

(b) After the close of the record, the parties shall be provided 10 days to submit written exceptions to rulings of the presiding officer. The board shall rule upon any such exceptions and shall reopen or modify the record, if necessary or appropriate to effect relief.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 214 DECISIONS

Acp 214.01 Proposed Findings of Fact and Conclusions of Law.

(a) Any party may submit proposed findings of fact and conclusions of law.

(b) The board shall include individual rulings upon such proposed findings or conclusions as part of its final decision.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 214.02 Decision on Record.

(a) The decision of the board shall be based upon the board’s evaluation of the evidence submitted during the hearing only.

(b) The board shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 541-A.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 215 RECONSIDERATION AND STAY

Acp 215.01 Motion for Reconsideration or Rehearing.

(a) An adjudicatory order of the board shall not be final until the date it is served upon the parties and intervenors pursuant to Acp 208.03(d).

(b) Within 30 days after service of a final adjudicatory order of the board, any party or intervenor may file a motion for reconsideration or rehearing.

(1) Include any memorandum of law the petitioner wishes to submit;

(2) Identify each error of fact, error of reasoning, or erroneous conclusion contained in the final order that the moving party or intervenor wishes reconsidered; and

(3) Concisely state the correct factual finding, correct reasoning, and correct conclusion urged by the moving party or intervenor.

(d) The board shall grant or deny the motion, or any part thereof, on its merits, or treat the motion as a motion for reopening, and grant it pending the receipt of such additional data or additional argument as it considers necessary.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 215.02 Reconsideration on the Board's Own Motion.

(a) Within the time frame specified in Acp 216.01(b), the board shall reconsider, revise, reverse or affirm any final action on its own motion.

(b) If reconsideration is based upon the existing record, prior notice shall not be given to the parties and intervenors. If the board believes further argument or data should be considered, an appropriate order providing the parties and intervenors with notice and opportunity to be heard shall be issued before any revision is made in the board's previous action.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 215.03 Stay of Board Orders.

(a) Board actions shall be stayed only in response to a specific motion requesting a stay or by the board acting on its own motion.

(b) A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified by Acp 216.01(b) and shall demonstrate good cause sufficient to warrant the stay of an action by the New Hampshire superior court.

(c) Filing a motion for reconsideration shall not stay a board order. Combining a motion for stay with a motion for reconsideration shall be permissible, however.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 216 DECLARATORY RULINGS

Acp 216.01 Petitions.

(a) Any person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 5 copies of a petition pursuant to Acp 209.01(b).

(b) Such a petition shall also set forth the following information:

(1) The exact ruling being requested; and

(2) The statutory and factual basis for ruling, including any supporting affidavits or memoranda of a law.

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 216.02 Action on Petitions.

(a) The petitioner shall provide such further information or participate in such evidentiary or other proceedings as the board shall direct after reviewing the petition and any replies received.

(b) Upon review and consideration, the board shall within 90 days rule on the petition pursuant to Acp 209.01(c).

Source. #7081, eff 8-26-99; ss by #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 217 PETITIONS FOR RULEMAKING

Acp 217.01 Petition for Rulemaking.

(a) Any person may request the board to commence a proceeding for the purpose of adopting, amending, or repealing a rule by filing a written petition that contains:

(1) A statement of the petitioner’s request for the proposed rule;

(2) The text of the proposed rule or a statement of the particular results intended by the petitioner’s interest in the subject matter of the proposed rule;

(3) An identification of the particular rule sought to be amended or repealed;

(4) Any data or argument the petitioner believes would be useful to the board in deciding whether to commence a rulemaking proceeding; and

(5) Name, address, signature of petitioner and date.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 217.02 Disposition of Petition.

(a) The board shall consider all petitions for rulemaking and proceed pursuant to RSA 541-A:4. The board shall request additional data or argument from the petitioner or other interested persons to clarify the argument.

(b) If the data or argument fails to support the petition, the board shall state the reason therefore in the order.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 218 RULEMAKING HEARINGS

Acp 218.01 Purpose. The purpose of this part is to provide a uniform procedure for the conduct of public hearings at which comment from the general public will be solicited for evaluation and consideration by the board relative to rulemaking.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 218.02 Scope.

(a) These rules shall apply to all hearings required by state law to be conducted by the board at which public comment shall be solicited, except that they shall not apply to adjudicative hearings.

(b) If any requirement set by these rules conflicts with an applicable statute, such other authority shall control.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 218.03 Notice.

(a) Notice of a public comment hearing concerning rulemaking shall be placed in the “Rulemaking Register” so that it shall appear at least 20 days prior to the hearing date.

(b) At a minimum, a notice for rulemaking public comment hearings shall comply with the requirements of RSA 541-A:6, I.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 218.04 Media Access.

(a) Public comment hearings shall be open to the print and electronic media.

(b) The moderator shall place limits on the activities of the media to avoid disruption in the following ways:

(1) Limit the placement of television cameras to certain locations in the hearing room; and

(2) Prohibit interviews from being conducted within the hearing room during the hearing.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

Acp 218.05 Moderator.

(a) The hearing shall be presided over by a moderator who shall be the board chairperson or a designee.

(b) The moderator shall:

(1) Call the hearing to order;

(2) Cause a recording of the hearing to be made;

(3) Place limits on the media to avoid disruption as set out in Acp 218.04(b);

(4) Recognize those who wish to be heard and establish the order thereof;

(5) Limit the time for each speaker, as set out in Acp 218.06(b);

(6) Remove or have removed any person who disrupts the hearing;

(7) Adjourn the hearing; and

(8) Provide opportunity for the submission of written comments.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIREd: 3-20-12

New. #10157, eff 6-27-12

Acp 218.06 Public Participation.

(a) Any person who wishes to speak on the issue or issues which are the subject of the hearing shall place his or her name on a speakers’ list before the last speaker on the list has finished speaking. All whose names appear on the speakers’ list, as provided, shall be afforded reasonable time to speak at the hearing. Reasonable time shall be determined considering the number of people who wish to be heard, the time and the availability of the facility.

(b) The board, through the moderator, shall:

(1) Refuse to recognize a person who refuses to give his or her full name;

(2) When a group or organization wishes to comment, limit the group to no more than 3 spokespersons, provided that the members who are present shall be allowed to enter their names into the record as supporting the position by the group or organization;

(3) Revoke recognition of a speaker who speaks or acts in an abusive or disruptive manner; or

(4) Revoke recognition of a speaker who refuses to keep comments relevant to the issue or issues that are the subject of the hearing.

(c) Written comments may be submitted any time, from the time notice has been published until the record has been closed by the moderator, which shall not be less than 7 calendar days after the hearing.

(d) In the event that the number of speakers who wish to give oral testimony relevant to the issue or issues involved exceed that number which can be heard within a reasonable period of time subject to facility availability and length of the hearing, the hearing shall be reconvened pursuant to applicable provisions in RSA 541-A to afford such persons the opportunity to be heard. Speakers may elect to submit written testimony in lieu of additional oral hearing.

Source. #7871-A, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

PART Acp 219 EXPLANATION AFTER ADOPTION

Acp 219.01 Explanation After Adoption.

(a) Any person may request an explanation regarding adoption of the rules pursuant to RSA 541-A:11,VII by submitting a request to the board.

(b) The request shall be considered at the next scheduled board meeting and the board shall issue a response within 45 days after consideration.

Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10157, eff 6-27-12

CHAPTER Acp 300 LICENSE REQUIREMENTS, APPLICATIONS AND FEES

REVISION NOTE:

Document #13800, effective 12-26-23, adopted or readopted with amendments the rules in Chapter Acp 300. The rules adopted by Document #13800 had previously been filed in Document #10158, effective 6-27-12, and expired 6-27-22, as indicated in the source notes of the affected rules.

Although Document #13800 indicated that rule Acp 308.01 titled “Roster and Directory of Licensed Acupuncturists” was being repealed, it had also previously been filed in Document #10158, effective 6-27-12, and expired 6-27-22, before it could be repealed. The prior filings affecting the former Acp 308.01 included the following documents:

#7081, eff 8-26-99

#7872, eff 4-14-03

#10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

#10158, eff 6-27-12, EXPIRED: 6-27-22

PART Acp 301 APPLICATION PROCEDURE

Acp 301.01 Application Process.

(a) Persons who wish to apply for a license to practice acupuncture in New Hampshire shall do so by submitting the following:

(1) A completed “Application for Licensure” form provided by the board which contains the information specified by Acp 301.02;

(2) All additional supporting materials required of the applicant specified by Acp 301.02; and

(3) The initial license fee as required by Acp 306.01(a).

(b) An application shall:

(1) Be typewritten or legibly printed in original ink;

(2) Be signed by the applicant, and

(3) Have all sections complete or designated as not applicable to the applicant.

(d) An application shall be considered to be on file with the board on the date when the board has received:

(1) A fully completed application form;

(2) Proof that the applicant’s check has been deposited and cleared; and

(3) All required supporting documentation.

(e) Within 30 days of the date the application is on file with the board, the board shall request, if necessary, additional information or documentation needed to clarify the application or any materials related to the application.

(f) Unless a waiver of the following time limit has been requested by the applicant and granted by the board, the board shall approve or deny the application within a reasonable time not to exceed 60 days from:

(1) The date the application is on file with the board; or

(2) The date of the response to a request pursuant to Acp 301.01(e).

(g) If the application is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Acp 200 on the deficiency issues identified by the board. Any such request for a hearing shall be submitted to the board within 30 days from the date of the board’s notification of denial.

(h) If, within 30 days of the board’s notification of denial, a request for a hearing is not made by the applicant, the application shall be closed.

(i) A pending application, awaiting information which the board has requested, shall be held open for one year from the date of filing after which it shall be closed. This time limit shall be extended upon written request to the board.

(j) All applications for licensure shall be kept as part of a permanent record.

(k) All licenses shall expire on the last day of the month 2 years from the date of issuance.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13005, eff 3-19-20; ss by #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

Acp 301.02 Application Form. The applicant shall supply, or cause to be supplied, the following on or with the “Acupuncture Initial License Application” form:

(a) Full legal name, as well as:

1. Any previously used names that might appear on supporting documentation; and

2. If applicable, name as it is written in Chinese, Korean, or other foreign language;

(b) Residence and business addresses and telephone numbers;

(d) Social Security number pursuant RSA 161-B:11;

(e) Email address;

(f) A list of colleges and universities the applicant attended, dates of attendance, and degrees, if any received, supported by one of the following:

(1) An official transcript from the college or university which granted the degree; or

(2) In the case of an undergraduate degree from a college or university outside the United States, supporting documents pursuant to Acp 302.03(c);

(g) If the applicant is applying for a waiver of the degree requirement, the supporting documentation pursuant to Acp 302.03(b);

(h) A list of acupuncture schools attended, dates attended, date of graduation and degree or certificate awarded, supported by official transcripts from all acupuncture schools or colleges attended;

(i) If the applicant is applying for a waiver of the post-secondary acupuncture college requirement, the supporting documentation pursuant to Acp 302.05;

(j) A list of all other states and countries in which the applicant is currently licensed, registered, or otherwise allowed to practice acupuncture, dates of issue and expiration, and the license or certificate numbers. Documentation of the status of all current acupuncture licenses held shall be sent directly from the issuing state or country;

(k) A list of other states and countries in which the applicant was ever previously licensed, registered, or otherwise allowed to practice acupuncture, including dates of issue and expiration;

(l) A list of all states and countries in which the applicant was previously or is currently licensed, registered, or otherwise allowed to practice a healing art other than acupuncture, including dates of issue and expiration;

(m) Information regarding the applicant’s certification by the National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) supported by documentation of certification status sent to the board directly from the NCCAOM or downloaded from the official NCCAOM website, including the date of initial certification;

(n) Disclosure, and explanation where applicable, of the following information:

(1) If any malpractice claim has ever been made against the applicant, regardless of whether a lawsuit was filed in relation to the claim;

(2) If the applicant has ever been denied an acupuncture license, certificate, or registration anywhere for any reason;

(3) If the applicant ever had employment or appointment in a hospital, clinic, or other health care facility suspended, or resigned from a health care facility in lieu of being subject to a disciplinary action;

(4) If the applicant has any formal disciplinary charges pending or if any disciplinary action has been taken against the applicant by any acupuncture or medical board, any health care facility, or any professional acupuncture association;

(5) If the applicant ever voluntarily surrendered a license to practice acupuncture or other healing art in lieu of facing disciplinary action;

(6) If the applicant has, at any time, been convicted of a crime involving violence, abuse, fraud, dishonesty, or drugs;

(7) If the applicant ever had a professional license in a field other than acupuncture revoked, suspended, or otherwise terminated on disciplinary grounds, or if any disciplinary actions are currently pending against the applicant in relation to any professional license held; and

(8) If the applicant has ever had or currently has an emotional disturbance or mental illness, an organic illness, or addictive disorder which impaired their ability to practice acupuncture or to function as an acupuncture student. If so, the applicant shall describe treatment received and the outcome of such treatment;

(o) A statement of the applicant’s successful completion of the Clean Needle Technique Course supported by documentation of such directly from the NCCAOM or the Council of Colleges of Acupuncture and Herbal Medicine (CCAHM);

(p) A statement of good professional character from 3 persons other than relatives of the applicant, who have known the applicant for at least 3 years, at least one of whom shall be an acupuncturist, licensed in this state or in another jurisdiction; and

(q) The applicant’s signature on the following statement:

I hereby certify that all statements made in this application and all information and documentation submitted in connection with this application are, to the best of my knowledge, true, accurate, complete, and unaltered. I understand that misstatements and omissions of material facts may be cause for denial of this application, or for suspension or revocation of a license, or other appropriate disciplinary action.

In the case that my application is approved and an acupuncture license is issued to me, I hereby agree to comply with all laws and administrative rules pertaining to the practice of acupuncture in New Hampshire. I understand that this includes the requirement to use only sterile disposable one-use needles, and to use Clean Needle Technique. I understand that I must follow the New Hampshire Code of Ethics for acupuncturists and the NCCAOM Code of Ethics for acupuncturists.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13005, eff 3-19-20; ss by #13310-B, eff 12-17-21; ss by #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

Acp 301.03 Application Denial. An application on file with the board pursuant to Acp 301.01(d) shall be denied if the information disclosed pursuant to Acp 301.02(n) indicates the applicant cannot be relied upon to practice competently, safely, and honestly, or adhere to the ethical and professional requirements of Acp 500.

Source. #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

PART Acp 302 QUALIFICATIONS

Acp 302.01 Personal Qualifications.

(a) An applicant shall be at the age of majority or older.

(b) An applicant shall be of good professional character as evidenced by letters submitted on behalf of the applicant pursuant to Acp 301.02(p).

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

Acp 302.02 Certification Requirements.

(a) An applicant shall hold current, active NCCAOM certification or prior NCCAOM certification.

(b) An applicant shall have successfully completed an NCCAOM approved Clean Needle Technique Course.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

Acp 302.03 Degree Requirements and Waivers Thereof.

(a) An applicant shall possess a baccalaureate, registered nurse, or physician’s assistant degree from an accredited institution.

(b) The board shall waive the requirement of a baccalaureate, RN or PA degree for an applicant provided that the applicant:

(1) Has a current valid acupuncture license from another state whose requirements are substantively equal to or exceed the requirements of RSA 328-G:9, II, verified directly from the state or states involved;

(2) Has successfully completed a post-secondary acupuncture college program which is approved by the Accreditation Commission for Acupuncture and Herbal Medicine (ACAHM), or the board pursuant to Acp 303.01;

(3) Meets all other requirements of licensure; and

(4) Can prove at least 40 points based on the following:

a. Every 3 credit hours earned at an accredited post-secondary institution, verified by original transcripts from the colleges attended, shall equal 2 points;

b. Each year the applicant has held a valid acupuncture license in another state, verified directly from the state or states involved, shall equal 5 points; and

c. Each semester of teaching acupuncture or acting as a clinical supervisor in an acupuncture school that is accredited or in candidacy for accreditation by the Accreditation Commission for Acupuncture and Herbal Medicine (ACAHM) verified by documentation of such activity directly from the institutions involved, shall equal 5 points.

(c) An applicant who has received a degree from an institution outside the United States shall be determined to meet the undergraduate degree requirement if the following criteria are met:

(1) The school is approved by the government of that country; and

(2) An official transcript in English is received from the institution that shows the courses completed, number of months in attendance, and date and type of diploma awarded.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13268, eff 9-28-21; ss by #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

Acp 302.04 Acupuncture Education Requirement. An applicant shall comply with one of the following:

(a) An applicant shall have completed a post-secondary acupuncture program at a school that is:

(1) Accredited or in candidacy for accreditation by ACAHM at the time the applicant graduated; or

(2) Board approved pursuant to Acp 303.01;

(b) An applicant shall have completed acupuncture education that is approved by the NCCAOM, in earning the applicant’s certification in an NCCAOM specified practice area; or

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

Acp 302.05 Waiver of Acupuncture Education Requirement:

(a) For one year from the date on which the board issues its first license, the acupuncture education requirement shall be waived for an applicant who:

(1) Possesses a current valid license to practice acupuncture in another state, and that license is in good standing, verified directly from the state or states involved; and

(2) Meets all other requirements of this chapter.

(b) After one year from the date on which the first license is issued, the acupuncture education requirement shall only be waived for applicants meeting the requirements of Acp 302.05(a) as well as the following requirements:

(1) If the applicant has received their training through an apprenticeship program, that program, as verified by appropriate documentation, shall:

a. Conform to all NCCAOM apprenticeship program standards that at the time of completion were in compliance with certification standards set by NCCAOM; and

b. Provide a balance of clinical training and didactic instruction that parallels the core curriculum of the ACAHM, including:

1. A basic history of acupuncture;

2. Basic Asian medical theory;

3. Point location;

4. Diagnostic skills;

5. Treatment planning;

6. Treatment technique;

7. Specialized treatment patterns and point combinations;

8. Emergency first aid treatment;

9. Equipment and safety in practice techniques; and

10. Ethics and human service skills; or

(2) If the applicant has received acupuncture education at a school or college that is not approved or in candidacy for approval by ACAHM at the time of the applicant’s graduation, a waiver shall be granted by the board if the applicant accrues 60 points based on the following point schedule:

a. An applicant shall accrue 10 points for each completed school year, up to a total maximum of 30 points, spent in a formal acupuncture program provided that:

1. The applicant has graduated from that program; and

2. The graduation from that program is verified by a transcript directly from that program or school;

b. An applicant shall accrue 10 points for each year of acupuncture practice, up to a total maximum of 50 points, provided that:

1. The applicant had a minimum of 500 patient visits per year;

2. The applicant’s practice in that year was at least 70% general health care; and

3. The applicant supplies the board with the following documentation with dates and location of practice and at least 2 of the following:

(i) Original letters from employers specifying dates and hours worked, and number of visits;

(ii) Written statements from a minimum of 20 patients, with current phone numbers and addresses for each, specifying the time period of treatment;

(iii) Written statements, with convincing testimony based on personal knowledge regarding the dates, volume, and scope of practice, from at least 2 of the following:

i. Other health care professional;

ii. State or local acupuncture or oriental medicine professional associations; or

iii. Schools or colleges; or

(iv) Written statements from at least 2 other respected members within the community with convincing testimony based on personal knowledge regarding the dates, volume, and scope of practice; and

c. An applicant may accumulate additional points, up to a total maximum of 20 points, in the following categories;

1. An applicant shall accrue 2 points per semester for primary teaching responsibility of an acupuncture course provided that;

(i) The course is taught at a board approved school or college as set forth in Acp 303.01; and

(ii) The primary teaching responsibility is verified directly from the school;

2. An applicant shall accrue 2 points per semester for primary supervising responsibility of a clinic course or rotation provided that:

(i) The clinic course or rotation is taught at a board approved acupuncture school or college; and

(ii) The primary supervising responsibility is verified directly from the school; and

3. An applicant shall accrue 2 points per published article about acupuncture or Asian medicine provided:

(i) The article is published in a nationally or internationally recognized professional journal or publication; and

(ii) It is documented by a copy of the article.

(c) Any applicant applying for a waiver of the acupuncture education requirement pursuant to Acp 302.05 shall successfully complete at least a 6-credit course in anatomy and physiology at an accredited college or university, verified by a transcript directly from that institution.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

PART Acp 303 BOARD APPROVAL OF SCHOOLS OF ACUPUNCTURE

Acp 303.01 ACAHM Accredited or Candidate Schools. The board shall approve all acupuncture schools that are ACAHM accredited or in candidacy for such accreditation.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

PART Acp 304 TEMPORARY TEACHING LICENSES AND INTERN REGISTRATION

Acp 304.01 Temporary Teaching License, Visiting Teacher.

(a) A teacher of acupuncture or Asian medicine who is visiting the state for the purpose of teaching a seminar or course which will not exceed in duration a period of 30 days, and who intends to practice acupuncture in the course of that instruction shall:

(1) Submit to the board, no less than 60 days prior to the beginning of the course, a letter of application which includes:

a. The name of the applicant;

b. The address and phone numbers at which the applicant can be contacted;

c. The name and description of the course to be taught;

d. The place where the course is to be taught;

e. The duration and intended dates of the course; and

f. The name of the sponsoring individual or organization;

(2) Prove licensure to practice acupuncture in another state or country;

(3) Conform to requirements of public health including use of disposable needles pursuant to RSA 328-G:10,IV; and

(4) Pay the requisite fees pursuant to Acp 306.01.

(b) A person who is granted a temporary teaching license under Acp 304.01(a) shall not practice acupuncture outside the specified course or seminar and shall not receive compensation for any practice of acupuncture other than that received in compensation for the course itself.

(d) The board shall grant an exception to the 30-day limitation on a temporary teaching license in the case of a periodic seminar type course which:

(1) Constitutes a single course; and

(2) Meets for no more than 6 sessions in a one-year period.

(e) Other than those persons excepted under Acp 304.01(d), any person who intends to teach acupuncture in the state of New Hampshire for a period of time longer than 30 days, when that teaching involves the practice of acupuncture, shall obtain a regular New Hampshire license pursuant to Acp 300.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

Acp 304.02 Intern. An intern shall be sponsored on a limited, supervised, and temporary basis if the following criteria are met:

(a) The prospective intern shall be sponsored by a New Hampshire licensed acupuncturist in good standing who:

(1) Submits to the board a letter of application for an intern registration which includes:

a. The name, business address, and phone number of the sponsoring licensee;

b. The name of the prospective intern;

c. The address and phone number at which the prospective intern may be contacted;

d. The name, address, and phone number of the acupuncture school at which the intern is enrolled;

e. The intern’s expected date of graduation;

f. The location where the internship will take place; and

g. Beginning and ending dates of the internship;

(2) Arranges for documentation to be sent from the intern’s acupuncture school directly to the board that states that the prospective intern:

a. Is currently enrolled in an acupuncture program at a school that is ACAOM accredited or in candidacy; and

b. Has successfully completed course work in:

1. Needling techniques

2. Clean needle procedures;

3. Point location;

4. Point indications and contraindications;

5. Diagnosis; and

6. Treatment planning; and

(3) Agrees in writing to the board to:

a. Supervise the intern in all diagnosis and treatment of patients;

b. Be on the premises at all times when patients are being treated by the intern;

c. Identify an acupuncture intern as such to all patients treated by the intern; and

d. Instruct the intern regarding relevant licensee responsibilities and the ethical and professional standards as set forth in Acp 503.01 and Acp 503.02.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

Acp 304.03 Duration and Completion of Intern Registration.

(a) An intern registration shall expire after one year from date of approval, upon the intern becoming licensed as an acupuncturist under this chapter, upon completion of the internship, or termination of the intern from the program of study as described in Acp 304.02(a)(2)a., whichever comes first.

(b) The licensee supervising the intern shall notify the board in by submitting a letter containing the information outlined in (c) below within 30 days of an internship being completed or terminated.

(1) The name of the intern;

(2) The name of the supervising licensee;

(3) The date the internship was completed or terminated;

(4) Whether the internship was completed or terminated;

(5) In the event of internship termination the reason for the termination; and

(6) The signature of the supervising licensee and the date of signature.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

PART Acp 305 STUDENT OBSERVERS AND OFFICE ASSISTANTS

Acp 305.01 Licensee Obligations Regarding Student Observers and Office Assistants. A licensee who employs assistants, whether paid or unpaid, or allows students to observe, shall be responsible for assuring that the following requirements are met:

(a) Such persons shall not diagnose, develop treatment plans, or insert needles in patients;

(b) If noninvasive treatment modalities such as moxibustion or cupping are administered by assistants or students, the licensee shall be responsible for the training and safe application of these procedures; and

(c) All applicable regulations of the Occupational Safety and Health Administration shall be followed in the handling of any instruments, materials, or waste.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

PART Acp 306 FEES

Acp 306.01 Fee Schedule. Initial license application and license renewal fees shall be $155.00.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13005, eff 3-19-20; ss by #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

PART Acp 307 EXEMPTIONS TO RSA 328-G

Acp 307.01 Exemptions for Persons Licensed Under NH RSA 316-A. Any person licensed under NH RSA 316-A as of July 1, 1997, and practicing acupuncture as of that date shall be granted an exemption to RSA 328-G:9, I, pursuant to RSA 328-G:9, VIII, provided that that person:

(a) Petitions the board, in writing, for an exemption;

(b) Verifies proof of licensure under RSA 316-A as of July 1, 1997;

(d) Verifies a minimum of 500 hours of acupuncture training;

(e) Verifies current active NCCAOM certification or prior NCCAOM certification; and

(f) Submits to the board a copy of all documentation of education, apprenticeship, or experience which has been submitted to the NCCAOM as qualifying the applicant to sit for examination.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13800, eff 12-26-23 (see Revision Note at chapter heading for Acp 300)

CHAPTER Acp 400 LICENSE RENEWAL AND CONTINUING EDUCATION

PART Acp 401 RENEWAL OF LICENSE

Acp 401.01 License Term. Renewal licenses shall be valid for 2 years upon approval of application submitted in a timely manner in accordance with Acp 401.02(a).

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12

Acp 401.02 Renewal of License.

(a) Any licensee wishing to renew a license shall submit the following no later than the date of license expiration:

(1) A completed “License Renewal Application” form which contains the information specified by Acp 401.03; and

(2) The fee specified by RSA 328-G:9, II(d).

(b) Failure to meet the requirements of Acp 401.02(a) by the prescribed date shall result in:

(1) The potential for a temporary period of lapsed licensure during which time the applicant shall not practice acupuncture provided that:

a. Such applicant has filed an application for renewal prior to the actual date of license expiration and that application is only awaiting board approval; or

b. Such applicant has filed a petition with the board pursuant to Acp 402.03; or

(2) Expiration of licensure if application for renewal has not been filed prior to the actual date of license expiration.

(c) In the case of Acp 401.02(b)(2), such person shall not practice acupuncture until such time that a new license is applied for pursuant to Acp 301.01 and granted by the board.

(d) In the case of Acp 401.02(c), supporting documentation from the original application already on file with the board shall be deemed adequate.

(e) A renewal application shall be considered to be on file with the board on the date when the board has received:

(1) A fully completed renewal form; and

(2) Proof that the applicant’s check has been deposited and cleared.

(f) Within 30 days of the date the renewal application is on file with the board, the board shall request, if necessary, additional information or documentation needed to clarify the renewal application or any materials related to the renewal application.

(g) Unless a waiver of the following time limit has been requested by the applicant and granted by the board, the board shall approve or deny the renewal application within a reasonable time not to exceed 60 days from:

(1) The date the application is on file with the board; or

(2) The date of the response to a request pursuant to Acp 401.02(f).

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13005, eff 3-19-20

Acp 401.03 Application Form. The “Acupuncture Renewal Application Form” shall require the applicant to supply the following information:

(a) Legal name;

(b) Residence and business addresses and telephone numbers;

(d) Disclosure, and explanation where applicable, of the following information regarding the previous 2-year period:

(1) If any malpractice claim has been made against the applicant, regardless of whether a lawsuit was filed in relation to the claim;

(2) If the applicant has been denied an acupuncture license, certificate, or registration anywhere for any reason;

(3) If the applicant had employment or appointment in a hospital, clinic or other health care facility suspended, or resigned from a health care facility in lieu of being subject to a disciplinary action;

(5) If the applicant voluntarily surrendered a license to practice acupuncture or other healing art in lieu of facing disciplinary action;

(6) If the applicant has convicted of a crime involving violence, abuse, fraud, dishonesty, or drugs;

(7) If the applicant had a professional license in a field other than acupuncture revoked, suspended, or otherwise terminated on disciplinary grounds, or if any disciplinary actions are currently pending against the applicant in relation to any professional license held; and

(8) If the applicant has had an emotional disturbance, mental illness, organic illness, or addictive disorder which impaired the applicant’s ability to practice acupuncture, and if so, a description of the treatment received and the outcome of such treatment;

(e) Answer yes or no to the question “Have you completed 30 hours of continuing education as described in Acp 402.01?”;

(f) An affirmation that the applicant is currently National Certification Commission for Acupuncture and Oriental Medicine (NCCAOM) certified, specifying the date of expiration;

(g) The applicants signature and date of signing below the following statement:

“I certify that the information I have provided on all parts of this renewal application form and in any documentation submitted to support my renewal application is, to the best of my knowledge, true, accurate, complete, and unaltered. I acknowledge that any misrepresentations and omissions of material facts may be cause for denial of license renewal and shall be a basis for disciplinary action by the board.”

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23

Acp 401.04 Filing Date. An application for license renewal shall be filed no sooner than 60 days before and no later than the expiration date of the applicant's license.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13005, eff 3-19-20

Acp 401.05 Denial of Renewal. License renewal shall be denied if, after notice and an opportunity for hearing, there is a preponderance of the evidence to establish:

(a) Noncompliance with the continuing education requirement of Acp 402.01, notwithstanding the provisions of Acp 402.03(a);

(b) Failure to furnish complete or accurate information on the “Acupuncture Renewal Application Form”; or

(c) That the requirements of RSA 328-G:9, II, and these rules relative to licensure and qualifications have not been, or no longer continue to be, met.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23

Acp 402.01 Continuing Education Requirements.

(a) Each licensee shall complete 30 board approved units of Professional Development Activities (PDA) for each 2-year renewal period by:

(1) Completing 30 continuing education units at approved institutions as described in Acp 402.05(a) or as approved by the board as described in Acp 402.05(b); and

(2) Completing at least 15 units of the 30 continuing education units described in (1) above that are directly related to acupuncture, and no more than 15 units indirectly related to acupuncture. Of those indirect units 2 shall be in safety and 2 shall be in ethics; or

(3) Maintaining current, active NCCAOM certification.

(b) Any units in excess of the 30-unit requirement earned during a 2-year renewal period shall be applied to fulfill the continuing education requirement of the following renewal period.

(d) If a licensee has not met the 30-unit requirement at the time of license renewal, the licensee may petition the board for a waiver of the deadline pursuant to Acp 402.02.

(e) The licensee shall be responsible for proving attendance at or participation in any continuing education courses or PDAs submitted for license renewal.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23

Acp 402.02 Failure to Satisfy Continuing Education Requirements.

(a) An applicant for license renewal who has not completed 30 CEUs for the preceding biennium:

(1) Shall file a petition with the board prior to the date of license expiration which proposes a specific timetable for completing specified courses or activities to correct the CEU deficiency; and

(2) Shall suspend practicing acupuncture on the date of license expiration until such deficiency has been resolved and until the license is renewed.

(b) Failure to submit such petition prior to the date of license expiration shall:

(1) Result in license expiration; and

(2) Necessitate application for a new license pursuant to Acp 301.01 and Acp 401.02(d).

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23

Acp 402.03 Approved Continuing Education Units.

(a) The following shall be considered board approved continuing education units:

(1) PDAs meeting the criteria of Acp 402.04 and Acp 402.05(a) which include:

a. Research related to the knowledge or practice of oriental medicine;

b. Publication which relates to the knowledge or practice of oriental medicine;

c. Teaching courses in acupuncture, oriental medicine or related topics in a preceptorship, formal school, or independent seminar;

d. Clinical supervision in a preceptorship or formal school;

e. Supervised clinical experience in oriental medicine including observation, case discussion, and/or supervised practice; and

f. Continuing education courses including CD-ROM, teleconference and Internet-based programs; and

(2) Other continuing education courses which meet the criteria of Acp 402.04 and Acp 402.05.

(b) PDA points shall be valued according to the following schedule:

(1) Every 2 clock hours of documented research shall be equivalent to one PDA point;

(2) Each acupuncture article published shall be equivalent to 10 PDA points;

(3) Each acupuncture book or major work published shall be equivalent to 30 PDA points;

(4) Each clock hour spent in teaching acupuncture shall be equivalent to one PDA point;

(5) Each clock hour spent in the clinical supervision of acupuncture students shall be equivalent to one PDA point;

(6) Each clock hour of supervised clinical experience under a senior acupuncturist shall be equivalent to one PDA point;

(7) Each clock hour of a continuing education course shall be equivalent to one PDA point; and

(8) Each year of service on a professional board that relates specifically to oriental medicine shall equal 5 PDA points.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13005, eff 3-19-20

Acp 402.04 General Requirements of Continuing Education Courses.

(a) All courses shall be relevant to the practice of acupuncture and oriental medicine and provide skills and knowledge that enhance an acupuncturist’s practice including:

(1) Oriental medical theory, techniques, nutrition, and herbology;

(2) Western sciences such as:

a. Anatomy;

b. Physiology;

c. Pathology;

d. Biochemistry;

e. Microbiology;

f. Psychology;

g. Nutrition;

h. History of medicine;

i. Medical terminology; and

j. Medical ethics;

(3) The study of Oriental languages, t’ai chi, and qi gong;

(4) Any area of expertise covered in Acp 601.03;

(5) Courses in business, management, insurance billing, and practice building; and

(6) Any course that is approved and accepted by NCCAOM.

(b) One hour of classroom time shall be equivalent to one CEU.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13005, eff 3-19-20

Acp 402.05 Board Approval of Continuing Education Courses.

(a) The board shall automatically approve all courses related to acupuncture, Asian medicine, and general medical education that meet the requirements of Acp 402.04 and are:

(1) Taught at schools that are ACAHM accredited, in candidacy, or board approved;

(2) Offered for credit at accredited colleges or universities;

(3) Approved by the NCCAOM review service;

(4) Approved by Continuing Education committees of the American Association of Acupuncture and Asian Medicine or other national professional healthcare associations; or

(5) Approved by other state licensing boards including those offered through state professional organizations following state licensing board requirements.

(b) Courses offered by sponsors other than those identified in Acp 402.05(a) shall be approved only if the course offered meets all the requirements of Acp 402.04 and the board receives a letter from the sponsor which requests approval and contains the following information:

(1) The name, address, and phone number of the sponsoring agency or its contact person;

(2) The title, location, and date of the course;

(3) A description of all subjects covered by the course which demonstrates conformity with Acp 402.04(a) and (b);

(4) The stated objective of the course and any other descriptive material about the course or the instructors which helps to evaluate the course;

(5) A course syllabus, a course schedule with hourly breakdown, and a description of all required textbooks and equipment;

(6) The name(s) and professional qualifications of the instructor(s); and

(7) A statement that attendees who are present for the entire course shall be given an attendance certificate for license renewal purposes.

(c) The board shall notify the sponsor of the board decision relative to Acp 402.05(b) within 60 days of receipt of the required letter.

(d) No course shall be advertised as having board approval until same is granted by the board.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23

Acp 402.06 Notification of Course Approval.

(a) Upon approving a continuing education course, the board shall issue to the sponsoring party a letter of course approval which contains:

(1) The title of the course;

(2) The date(s) the course is offered; and

(3) The number of continuing education hours credited.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13578, eff 5-8-23

PART Acp 403 DISCIPLINARY SANCTIONS

Acp 403.01 Notice and Imposition of Sanctions.

(a) Other than immediate license suspensions authorized by RSA 541-A:30, III and Acp 403.03, the board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to an agreed upon settlement or consent decree.

(b) Actions constituting misconduct shall be those specified in RSA 328-G:12, II.

(c) Following a hearing and after a finding that misconduct has occurred by a licensee, the board shall impose, pursuant to RSA 328-G:12, III, one or more of the following sanctions ranked in order of increasing seriousness:

(1) Public or private reprimand;

(2) An administrative fine in an amount established by the board which shall not exceed $2000 per offense, or in the case of a continuing offense, $250 for each day the violation continues.

(3) Suspension, limitation, or restriction of license; or

(4) Revocation of license.

(d) In determining which sanction to impose, the board shall consider:

(1) Aggravating factors such as:

a. The seriousness of the offense;

b. The licensee’s prior disciplinary record, including number and type of prior instances of misconduct; and

c. The resulting harm to a person or to the public health and safety; and

(2) Mitigating factors such as:

a. The lack of seriousness of the offense;

b. The licensee’s lack of a prior disciplinary record;

c. The licensee’s state of mind at the time of the offense;

d. The licensee’s acknowledgment of their wrongdoing; and

e. The licensee’s willingness to cooperate with the board.

(e) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the licensee is licensed and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12 (formerly Acp 220.01); ss by #13578, eff 5-8-23

Acp 403.02 Administrative Fines.

(a) Administrative fines shall be assessed in accordance with the factors stated in Acp 403.01(d), adjusted pursuant to (b) below, utilizing the following:

(1) When no violation has occurred within the 5 years preceding, the standard fine assessed shall be $250 per offense;

(2) When a single disciplinary infraction has occurred within the 5 years preceding, the standard fine assessed shall be $500;

(3) When more than one disciplinary infraction has occurred within the 5 years preceding, the standard fine assessed shall be $1000;

(4) For any subsequent violation within a 5-year period, the standard fine shall be $2000, notwithstanding (c) below; and

(5) In the case of a continuing offense, the standard fine shall be $100 per day.

(b) A single course of continuing conduct shall be treated as a single violation for the purposes of (1), (2), (3), and (4) above.

(c) The board shall apply Acp 403.01(d) as aggravating and mitigating factors in establishing the actual amount of fines.

Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12 (formerly Acp 220.02); ss by #13578, eff 5-8-23

Acp 403.03 Immediate License Suspension.

(a) When the board receives information indicating that a licensee has engaged in dishonesty or misconduct that poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 541-A:30, III, that sets forth the alleged misconduct and immediately suspends the license for up to 10 working days pending commencement of an adjudicatory proceeding. If commenced within 10 working days, the suspension shall continue until there is a decision in the proceeding.

(b) Suspension orders under this section shall include the notice of hearing pursuant to Acp 207.02(b).

(c) No hearing date established in a proceeding conducted under this section shall be postponed at the request of the licensee unless the licensee also agrees to continue the suspension period pending issuance of the board’s final decision.

Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12 (formerly Acp 220.03); ss by #13578, eff 5-8-23

Acp 403.04 Voluntary License Surrender When Disciplinary Allegations are Pending.

(a) A licensee may surrender a license at any time.

(b) Surrender or nonrenewal of a license shall not preclude the board from investigating or completing a disciplinary proceeding based upon the licensee’s conduct while the license is still in effect. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

(c) A licensee who surrenders a license shall have no right or privilege granted through acupuncture licensure in New Hampshire except as shall be specifically set forth in a board order settlement agreement, or order of a court of competent jurisdiction. A licensee who reapplies for a license in New Hampshire after surrender shall meet all the requirements in effect for new applicants as set forth in statute and rules at that time.

(d) A licensee who surrenders a license as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.

(e) Any settlement agreement reached under (d) above, shall include the following concessions:

(1) That license surrender has occurred in settlement of pending disciplinary allegations; and

(2) That the pending allegations shall be issues to be resolved in any future application the licensee may submit in New Hampshire.

(f) The fact of license surrender pending disciplinary action and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant licensing authorities and data bank in the same manner as a final decision containing specific findings of dishonesty or misconduct.

Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12 (formerly Acp 220.04); ss by #13578, eff 5-8-23

Acp 403.05 Reciprocal Discipline. When the board receives notice that a licensee has been subjected to suspension or revocation of a license without subsequent reinstatement, the board shall issue an order directing the licensee to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

Source. #7871-B, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12 (formerly Acp 220.05); ss by #13578, eff 5-8-23

CHAPTER Acp 500 RESPONSIBILITIES OF LICENSEES AND ETHICAL AND PROFESSIONAL STANDARDS

PART Acp 501 PURPOSE AND SCOPE

Acp 501.01 Purpose and Scope. The purpose of this chapter is to define the responsibilities of licensees and to establish the parameters of professional and ethical conduct within the acupuncture profession.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13516, eff 3-7-23

PART Acp 502 RESPONSIBILITIES OF LICENSEES

Acp 502.01 Responsibilities of Licensees.

(a) A licensee shall comply with all applicable rules adopted by the board.

(b) A licensee shall submit only truthful and correct information, to the best of the licensee’s knowledge and belief, in any application or other document filed with or statement made to the board.

(d) A licensee shall inform the board of:

(1) A principal business address to which all official board communications should be directed; and

(2) All addresses where the licensee is practicing.

(e) A licensee shall report to the board within 30 days any change or abandonment of a business address.

(f) A licensee shall display his or her current New Hampshire acupuncture license at his or her principal place of business and a copy at any other place of business.

(g) A licensee shall know and have available in his or her office information regarding how patients may contact the board regarding complaints.

(h) A licensee shall maintain, for a minimum of 7 years from the date of the last acupuncture treatment, complete and accurate records of each patient treated, including:

(1) Name and address of patient;

(2) Dates of treatment;

(3) Treatments given; and

(4) Fees charged.

(i) A licensee shall inform the board within 30 days of any disciplinary action taken against the licensee by a state, regional, or national agency or association, including the NCCAOM.

(j) A licensee shall inform the board within 30 days of any civil action or insurance claim filed against the licensee that alleges malpractice.

(k) A licensee shall inform the board within 30 days of any decisions made in such civil actions or insurance claims as cited in Acp 50l.02(j) above.

(l) A licensee shall, as required by RSA 328-G:10, IV, use sterile, disposable, one-use needles.

(m) A licensee shall use Clean Needle Technique.

(n) A licensee shall comply with all relevant state rules and federal regulations regarding safe practice and disposal of medical waste.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13516, eff 3-7-23

PART Acp 503 ETHICAL AND PROFESSIONAL STANDARDS

Acp 503.01 Obligation to Obey.

(a) The ethical standards set forth in this part shall bind all licensees, and violation of any such standard shall be a basis for imposing disciplinary sanctions.

(b) Conduct proscribed by these ethical standards shall be grounds for establishing that a person is in violation of RSA 328-G:9, II(e), with regard to character and shall be a basis for denying a license application or renewal or for issuing a restricted license.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13516, eff 3-7-23

Acp 503.02 Code of Ethics.

(a) A licensee shall adhere to the code of ethics required as a condition of NCCAOM certification, pursuant to 328-G:9, II(b).

(b) A licensee shall also adhere to the following standards:

(1) A licensee shall provide honest and accurate information in medical reports;

(2) A licensee shall report evidence of professional misconduct on the part of another licensee, when that conduct poses a potential threat to life, health, or safety;

(3) A licensee shall maintain sexual boundaries by:

a. Refraining from any behavior that exploits the practitioner-patient relationship in a sexual way; and

b. Avoiding any behavior that is sexual, seductive, suggestive, or sexually demeaning, or could be reasonably interpreted as such, even when initiated by or consented to by the patient; and

(4) A licensee shall be truthful in publicly representing or advertising him or herself by avoiding the following:

a. False, deceptive, or misleading statements;

b. Unreasonable or exaggerated claims of success;

c. Guarantees of success;

d. Claims or implications of professional superiority or of training that cannot be substantiated;

e. Unsubstantiated claims of expertise or certification of such in any specific areas of the scope of practice set forth in Acp 601.03; and

f. Use of non-acupuncture graduate degrees in one’s title without specifying the field.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12, EXPIRED: 6-27-22

New. #13516, eff 3-7-23

CHAPTER Acp 600 SCOPE OF PRACTICE AND SPECIALTY PRACTICE

PART Acp 601 SCOPE OF PRACTICE

Acp 601.01 Definitions.

(a) “Acupressure” means a non-invasive treatment approach utilizing the same underlying diagnostic model as acupuncture but treating the appropriate points with pressure.

(b) “Amma” means a system of body work therapy which employs a wide variety of massage techniques, manipulations and the application of pressure, friction, and touch to points and the channels on which they are located.

(c) “Auriculotherapy” means ear acupuncture which applies the principles of acupuncture to specific points on the ear to treat illness, injury, or other health conditions and concerns.

(d) “Channels” mean the pathways through which energy passes throughout the body.

(e) “Craniosacral therapy” means a treatment approach using gentle massage pressure to rebalance the craniosacral system.

(f) “Functional medicine” means a systems biology-based approach that focuses on identifying and treating the root cause illness, injury, or other health conditions.

(g) “Gua sha” means a scraping technique used in oriental medical treatments to disperse stagnation in soft tissue.

(h) “Integrative medicine” means an approach that applies multimodal interventions and uses conventional and complementary approaches in a coordinated manner to address a patient’s health concerns.

(i) “Jin shin do” means a Japanese form of acupressure which is characterized by self-treatment.

(j) “Jin shin jitsu” means a Japanese form of acupressure utilizing a combination of acupressure points called safety energy locks which are held for a minute or more in an effort to harmonize body, mind, and spirit.

(k) “Pakua” means an oriental exercise system philosophically based on the Chinese trigrams.

(l) “Points” mean specific places on the energy channels of the body, located anatomically or by sensitivity to pressure and characterized by lower electrical resistance than the surrounding tissue.

(m) “Polarity therapy” means a holistic therapy that combines bodywork, dietary adjustments, and exercises to restore the balance of the body’s vital energy through correction of the electromagnetic field of the body.

(n) “Qi gong” means an ancient Chinese exercise system that stimulates and balances the flow of vital energy in the channels by regulating posture, mind, and breath.

(o) “Reiki” means a Japanese energy therapy that uses energy transmission to balance the biofield that surrounds the human body.

(p) “Review of systems” means an inventory of the body systems that is obtained through a series of questions in order to identify signs or symptoms which the patient may be experiencing. This term also includes “general system review”.

(q) “Shiatsu” means a Japanese acupressure technique which restores a balanced flow of energy within the channels of the body by application of rhythmic pressure on specific points using the fingers, hands, elbows, knees, and feet.

(r) “Sotai” means a Japanese therapeutic exercise system devised by Keizo Hashimoto based on the perception that a distortion in a person’s center of gravity or polar axis leads to disorders and disease.

(s) “T’ai chi” means a Chinese system of exercise consisting of slow, controlled, and fluid movements through a series of specific postures to circulate the vital energy of the body.

(t) “Therapeutic touch” means an energetic therapy developed by Dolores Krieger, RN, that employs a laying-on-of-hands technique based on Asian theories of energy flow.

(u) “Tuina” means a form of Asian bodywork that utilizes acupuncture point pressure as well as a variety of rubbing, circling and manipulation techniques to disperse blockages in or generate energy into various channels.

(v) “Zero balancing” means a touch technique for aligning the body’s energy and musculoskeletal system developed by Fritz Smith, osteopath and acupuncturist.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13516-A, eff 3-7-23

Acp 601.02 Duty of Licensees Regarding Scope of Practice. Each licensee shall practice only within the scope of his or her training, expertise, and capability.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13516-A, eff 3-7-23

Acp 601.03 The Scope of Practice of Licensed Acupuncturists. Pursuant to RSA 328-G:10, I and II, the scope of practice of licensed acupuncturists shall include but is not to be limited to the following services:

(a) Acupuncture and related techniques, including:

(1) Percutaneous techniques, such as:

a. The temporary stimulation of acupuncture points by means of conventional acupuncture needles;

b. Insertion and retention, for days or weeks, of intradermal needles or press tacks in acupuncture points;

c. Traditional therapeutic bleeding; and

d. Ion cord or by-pass cord therapy linking acupuncture needles with wires; and

(2) Transcutaneous acupuncture techniques, such as:

a Non-penetrating surface stimulation with needles or related surface stimulation devices;

b. Surface stimulation with magnets, rhythmic tapping devices, pieces of metal, or seeds; and

c. Cupping, the application of suction devices on the skin;

(b) Moxibustion and other treatments using heat, light, color, sound, electromagnetism, and herbs, such as:

(1) Burning of herbs on or near the skin;

(2) Warming with an electrical or non-electrical heating device held near the skin;

(3) Herbal poultices or compresses;

(4) Infrared therapy;

(5) Electromagnetic therapies;

(6) Ultraviolet therapy;

(7) Ultrasound therapy;

(8) Low energy laser acupuncture utilizing non-surgical lasers classified as class III b by the FDA; and

(9) Hot and cold packs;

(c) Electroacupuncture, with or without needles, for detection of acupuncture points, diagnosis of energetic imbalances, or treatment with devices such as:

(1) Transcutaneous electrical nerve stimulation (TENS) units, Piezo quartz devices, and other similar electro-stimulation units;

(2) Pointer, Ito, AWQ and other similar electroacupuncture point detection and treatment units;

(3) Ryodo-Raku meters and other similar diagnostic and treatment devices;

(4) Vega machines and other similar diagnostic systems; and

(5) Ion pumping cords, triple by-pass cords, Pachi Pachi Pana sparkers, and other similar electronic, treatment-enhancing devices;

(d) Body work, including massage and oriental manipulation of skeletal and soft tissue for the correction of blockages of energy in the acupuncture channels and the surrounding tissue, such as:

(1) Tuina;

(2) Shiatsu;

(3) Acupressure;

(4) Amma;

(5) Gua sha;

(6) Jin shin jitsu;

(7) Jin shin do;

(8) Polarity therapy;

(9) Reiki;

(10) Therapeutic touch;

(11) Zero balancing; and

(12) Craniosacral therapies;

(e) Diagnostic and physical examination procedures, such as:

(1) Muscle testing;

(2) Body palpation;

(3) Pulse palpation;

(4) Tongue assessment;

(5) Review of laboratory testing;

(6) Review of diagnostic imaging; and

(5) Review of systems;

(f) Therapeutic exercise, martial arts, and breathing techniques, such as:

(1) Qi gong;

(2) T’ai chi;

(3) Pakua; and

(4) Sotai;

(g) Dietary counseling including the therapeutic use of food and supplements;

(h) The prescribing of herbs, Asian patent medicines, and homeopathically prepared substances;

(i) Stress reduction through such methods as meditation and relaxation techniques; and

(j) Life style counseling towards achieving physical, mental, emotional and spiritual balance in daily life.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13516-A, eff 3-7-23

Acp 601.04 Relative to Non-Surgical Laser Use. Each licensee shall comply with all FDA regulations and requirements in the use of low energy, non-surgical lasers.

Source. #7081, eff 8-26-99; ss by #7872, eff 4-14-03; ss by #10004, INTERIM, eff 9-22-11, EXPIRED: 3-20-12

New. #10158, eff 6-27-12; ss by #13516-A, eff 3-7-23

CHAPTER Acp 700 ACUPUNCTURE DETOXIFICATION SPECIALISTS

PART Acp 701 DEFINITIONS

Acp 701.01 Definitions.

(a) “A combination of points on the ear” means the standardized NADA ear protocol in effect as of July 1, 2017 limited to the use of the 5 auricular acupuncture points known as shen men, sympathetic, kidney, liver, and lung.

(b) “Acupuncture detoxification” means “acupuncture detoxification” as defined in RSA 328-G:2, IX, namely “the treatment by means of the insertion of acupuncture needles in a combination of points on the ear.” The term includes “acu-detox.”

(c) “Acupuncture detoxification specialist (ADS) or (certificate holder)” means “acupuncture detoxification specialist” as defined in RSA 328-G:2, X, namely, “an individual certified by the board to practice acupuncture detoxification in this state.”

(d) “Applicant” means a person who has an application for an acupuncture detoxification specialist certification pending before the board.

(e) “Board” means “board” as defined in RSA 328-G:2, III, namely, “the board of acupuncture licensing established under RSA 328-G:3.”

(f) “Board-approved other professional” means social workers, emergency service workers, police officers, firefighters, guidance counselors, and substance abuse workers within a treatment facility.

(g) “Business hours” means hours when services are being performed by the acupuncture detoxification specialist.

(h) “Equivalent training” means training that meets or exceeds the 70-hour mixed didactic and clinical NADA acupuncture detoxification specialist training curriculum in effect as of July 1, 2017, as defined in the NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II.

(i) “General supervision” means supervision provided by a New Hampshire licensed acupuncturist who shall be available by phone or other electronic means during business hours and who conducts at least two site visits per year as defined in RSA 328-G:9-a, II(b).

(j) “NADA” means “NADA” as defined in RSA 328-G:2, XI, namely “the National Acupuncture Detoxification Association.”

(k) “NADA standards of competency” means the standards of competency for acupuncture detoxification specialists developed by NADA that are defined in the NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II.

(l) “NADA training” means “NADA training” as defined in RSA 328-G:2, XII, namely, “the standardized auricular acupuncture protocol developed by NADA that is in effect on July 1, 2017.”

(m) “Peer counselor” means a peer-based recovery trained supporter who helps to initiate and sustain an individual in their behavioral health and in their recovery from substance abuse and addiction.

(n) “Recovery coach” means anyone employed in promoting recovery by removing barriers and obstacles to recovery and serving as a personal guide and mentor for people seeking or already in recovery.

(o) “Standardized auricular acupuncture protocol” means the NADA acudetoxification protocol that utilizes a standardized and limited 5-point auricular acupuncture on a combination of points on the ear within the context of addictions and behavioral health treatment and prevention programs and mutual support fellowships. The term is also known as “NADA protocol.”

(p) “Supervising acupuncturist” means a New Hampshire licensed acupuncturist in good standing, trained in the NADA protocol or other board-approved training, who has certified their willingness to supervise an acupuncture detoxification specialist via their signature on the ADS application form.

Source. #12575, eff 7-20-18

PART Acp 702 APPLICATION PROCEDURE

Acp 702.01 Acupuncture Detoxification Specialist Application.

(a) Each applicant for certification as an acupuncture detoxification specialist shall complete and submit to the board an “Acupuncture Detoxification Specialist Certification Application”, effective July 2018 and available on the board’s website, which includes the following on or attached to the form:

(1) The applicant’s legal name, other names the applicant has been known by and reason for name change, mailing address, and telephone number(s);

(2) The date(s) the applicant attended and completed NADA or other board-approved training;

(3) The date of application;

(4) The applicant’s signature;

(5) The primary practice location address that the acupuncture detoxification services will be performed;

(6) Any additional practice location addresses;

(7) The applicant’s date of birth;

(8) The applicant’s social security number, as required by RSA 161-B:11, VI-a;

(9) The applicant’s email address;

(10) A copy of the NADA ethics pledge, or ethics pledge issued by other board-approved training programs, statement signed by the applicant;

(11) A copy of the NADA or other board-approved training certificate of training completion;

(12) Application fee of $110.00;

(13) The following information about the supervising acupuncturist:

a. Name, mailing address, and telephone number(s);

b. License number and expiration date; and

c. The supervising acupuncturist’s signature attesting that he or she agrees to abide by Acp 703.01;

(14) Attestation from the supervising acupuncturist of their own familiarity with:

a. The NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II;

b. Prior NADA training that meets or exceeds the NADA training; or

c. Other board-approved training;

(15) An indication as to whether the applicant has had an acupuncture detoxification certificate, license, or other similar registration revoked, suspended, or limited in this or any other state or jurisdiction;

(16) An indication as to whether the applicant has had a professional license or certification in a field other than acupuncture detoxification revoked, suspended, or otherwise terminated on disciplinary grounds;

(17) An indication as to whether the applicant holds a current health care, recovery coach or peer counselor professional license, certificate or other similar credential. The applicant shall provide the professional license, certificate or credential type, number, and state of issuance;

(18) An indication as to whether the applicant has prior work or volunteer experience in substance abuse or addictions treatment or behavioral health treatment; and

(19) An indication as to whether the applicant has successfully completed clean needle technique training as outlined in the NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II, or as outlined in the training approved pursuant to Acp 705.

(b) The applicant shall provide a detailed explanation to any affirmative answer given in response to questions (15)-(19) in (a) above.

Source. #12575, eff 7-20-18

Acp 702.02 ADS Certificate Renewal Procedure. ADS certificate holders seeking to renew their certificates shall, on or before June 30 every other year, complete and submit an “Acupuncture Detoxification Specialist Renewal Application” form, effective July 2018.

Source. #12575, eff 7-20-18

PART Acp 703 SUPERVISION OF ACUPUNCTURE DETOXIFCATION SPECIALISTS

Acp 703.01 General Supervision.

(a) New Hampshire licensed acupuncturists who agree to supervise an acupuncture detoxification specialist shall:

(1) Conduct at least 2 site visits per year, which shall include:

a. Review of sanitary conditions of the site, including compliance with clean needling technique standards; and

b. Review of documentation required by NADA training, including but not limited to verification of treatment consent agreements; and

(2) After each site visit, complete and submit a written supervision report to the board containing:

a. Conditions of the site including verification of adequate site sanitation, and verification of proper needle storage and disposal;

b. Verification of adequate patient documentation as required by the NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II;

c. Name of ADS being supervised, supervision site location address, date and time of the supervisory visit, and name of supervising acupuncturist;

d. Estimate of how many clients the ADS sees each day;

e. If the supervising acupuncturist has reason to believe the ADS is not following the NADA protocol as described in the NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II, an explanation of the circumstances giving rise to that belief;

f. If the supervisor has reason to believe the ADS is not following the ADS standards of competency as described in the NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II, an explanation of the circumstances giving rise to that belief;

g. If the supervisor has reason to believe the ADS is not following the ADS Ethics Pledge as described in the NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II, or an equivalent ethics pledge issued by other board-approved training programs, an explanation of the circumstances giving rise to that belief;

h. If the supervising acupuncturist has reason to believe that the level of supervision being provided is not appropriate and needs to be modified, an explanation of the circumstances giving rise to that belief; and

i. If the supervising acupuncturist has reason to believe the actions of the ADS constitute misconduct as specified in Acp 704.01, an explanation of the circumstances giving rise to that belief.

(b) Supervising acupuncturists shall be available by phone or other electronic means during business hours. In the event the supervisor is temporarily unavailable for supervision, the parties to the supervision agreement shall ensure a substitute supervising acupuncturist shall be available.

Source. #12575, eff 7-20-18

Acp 703.02 Supervising Acupuncturist and ADS Requirements.

(a) Supervising acupuncturists shall notify the board in writing at least 45 days prior to the termination of the supervision if they terminate supervision of an ADS or, in the case of an emergency, as soon as practicable thereafter. The notification shall include the date of the termination and signatures of the ADS and the supervising acupuncturist.

(b) A supervising acupuncturist shall give the ADS at least 45 days’ notice or, in the case of an emergency, as soon as possible if unavailable to provide supervision.

(c) ADS certificate holders who wish to change supervisors shall do so by completing and submitting a signed “Acupuncture Detoxification Specialist Change of Supervising Acupuncturist Application” form, effective July 2018 and available on the board’s website, which shall include:

(1) The name of the ADS to be supervised;

(2) The following information about the supervising acupuncturist:

a. Name, mailing address, and telephone number(s); and

b. License number and expiration date;

(3) The signature of the new supervising acupuncturist attesting:

a. That he or she will abide by the provisions of Acp 703.01; and

b. Familiarity with the following:

1. The NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II;

2. Prior NADA training that meets or exceeds the NADA training; or

3. Other board-approved training; and

(4) The date the supervisor change is in effect.

(d) An ADS shall not practice if the supervising acupuncturist is unavailable for supervision.

Source. #12575, eff 7-20-18

PART Acp 704 DISCIPLINARY PROCEDURES AND REVOCATION OF CERTIFICATION

Acp 704.01 Discipline of Acupuncture Detoxification Specialists. The board shall, after notice and opportunity to be heard in accordance with Acp 200, impose disciplinary sanctions upon an ADS if he or she:

(a) Fails to follow the NADA ethics pledge, or an ethics pledge issued by other board-approved training programs, by engaging in any of the following behaviors:

(1) Not maintaining a professional relationship with all persons served;

(2) Drug or alcohol abuse;

(3) Breach of confidentiality;

(4) Failing to maintain the highest standards in all services provided;

(5) Claiming or implying qualifications exceeding those actually obtained;

(6) Implying competence to use acupuncture in general unless so trained and licensed;

(7) Failing to limit the practice to the NADA protocol unless permitted to perform acupuncture in general under the scope of practice of a professional license;

(8) Not using acu-detox in conjunction with appropriate counseling and supportive services as described in the NADA training or in the training approved pursuant to Acp 705; or

(9) Engaging in any other behavior that demonstrates failure to comply with the applicable ethics pledge.

(b) Fails to follow the NADA standards of competency by:

(1) Not being able to perform at least 20 treatments during a 4 hour period with good point location and technique;

(2) Not being able to explain the uses and limits of the treatment;

(3) Not being able to demonstrate sensitivity, compassion, and respect for clients;

(4) Not being able to understand the communal treatment effect and maintain an appropriate atmosphere;

(5) Not being able to demonstrate clean needle technique;

(6) Not being able to demonstrate understanding of and compliance with the limited scope of practice and other ethical principles;

(7) Not being able to demonstrate understanding of the implications of auricular acupuncture for addictions and behavioral health in the larger treatment context;

(8) Not being able to write chart notes of client status, treatment given, and client response;

(9) Not being able to demonstrate the understanding of the adjunctive nature of acu-detox and the importance of collaboration and communication with the treatment team;

(10) Not being able to demonstrate recognition of the psycho-spiritual nature of recovery and respect and support the client’s internal process;

(11) Not being able to modify treatment appropriately and to respond to adverse clinical situations; or

(12) Not being able to demonstrate understanding of addictions and the NADA protocol from the perspective of basic concepts of Oriental medicine;

(d) Has a professional license or certification in a field other than acupuncture detoxification revoked, suspended, or otherwise terminated on disciplinary grounds.

Source. #12575, eff 7-20-18

Acp 704.02 Imposition of Sanctions.

(a) Other than immediate certificate suspensions authorized by RSA 541-A:30, III and Acp 704.03, the Board shall impose disciplinary sanctions only:

(1) After prior notice and an opportunity to be heard; or

(2) Pursuant to an agreed upon settlement or consent decree.

(b) Actions constituting misconduct shall be those specified in Acp 704.01.

(c) Following a hearing and after a finding that misconduct has occurred by a certificate holder, the board shall impose, pursuant to RSA 328-G:7, XIV (b), one or more of the following sanctions ranked in order of increasing seriousness:

(1) Public or private reprimand;

(2) Suspension or restriction of certification; or

(3) Revocation of certification.

(d) In determining which sanction(s) to impose, the board shall consider:

(1) Aggravating factors such as:

a. The seriousness of the offense;

b. The certificate holder’s prior disciplinary record, including number and type of prior instances of misconduct; and

c. The resulting harm to a person or to the public health and safety; and

(2) Mitigating factors such as:

a. The lack of seriousness of the offense;

b. The certificate holder’s lack of a prior disciplinary record;

c. The certificate holder’s state of mind at the time of the offense;

d. The certificate holder’s acknowledgment of his or her wrongdoing; and

e. The certificate holder’s willingness to cooperate with the board.

(e) Copies of board orders imposing disciplinary sanctions and copies of all settlement agreements or consent decrees shall be sent to the licensing body of each state in which the ADS certificate holder is certified or licensed or holds other similar registration and to such other entities, organizations, associations, or boards as are required to be notified under applicable state or federal law.

Source. #12575, eff 7-20-18

Acp 704.03 Immediate Certificate Suspension.

(a) When the board receives information indicating that a certificate holder has engaged in misconduct that poses an immediate danger to life or health, the board shall issue an order pursuant to RSA 541-A:30, III, that sets forth the alleged misconduct and immediately suspends the certificate for up to 10 working days pending commencement of an adjudicatory proceeding. If commenced within 10 working days, the suspension shall continue until there is a decision in the proceeding.

(b) Suspension orders under this section shall include the notice of hearing pursuant to Acp 207.02(b).

(c) No hearing date established in a proceeding conducted under this section shall be postponed at the request of the certificate holder unless the certificate holder also agrees to continue the suspension period pending issuance of the board’s final decision.

Source. #12575, eff 7-20-18

Acp 704.04 Voluntary Surrender of ADS Certification.

(a) A certificate holder may surrender a certificate at any time.

(b) Surrender or nonrenewal of a certificate shall not preclude the board from investigating or completing a disciplinary proceeding based upon the certificate holder’s conduct while the certificate is still in effect. Such investigations and proceedings shall be handled in the same manner as other disciplinary investigations and proceedings.

(c) A certificate holder who surrenders a certificate shall have no right or privilege in New Hampshire except as shall be specifically set forth in a board order settlement agreement, or order of a court of competent jurisdiction. A certificate holder who reapplies for a certificate in New Hampshire after surrender shall meet all the requirements in effect for new applicants as set forth in statute and rules at that time.

(d) A certificate holder who surrenders a certificate as part of a settlement of pending misconduct allegations shall make a written settlement offer to the board before the close of the record in a disciplinary hearing.

(e) Any settlement agreement reached under (d) above shall include the following concessions:

(1) That certificate surrender has occurred in settlement of pending disciplinary allegations; and

(2) That the pending allegations shall be issues to be resolved in any future application the certificate holder may submit in New Hampshire.

(f) The fact of certificate surrender pending disciplinary action and the terms of any settlement agreement pertaining thereto shall be distributed to all relevant certification authorities and data bank in the same manner as a final decision containing specific findings of misconduct.

Acp 704.05 Reciprocal Discipline. When the board receives notice that a certificate holder has been subjected to suspension or revocation of a certificate without subsequent reinstatement, the board shall issue an order directing the certificate holder to demonstrate why reciprocal discipline should not be imposed in New Hampshire.

Source. #12575, eff 7-20-18

PART Acp 705 OTHER BOARD-APPROVED TRAINING

Acp 705.01 Training Required. Pursuant to RSA 328-G:9-a, I, applicants for certification as an ADS shall complete either:

(a) The NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II; or

(b) A training program that meets or exceeds the standards of (a) above which is approved by the board pursuant to Acp 705.02.

Source. #12575, eff 7-20-18

Acp 705.02 Board Approval of NADA-Equivalent Training Programs. The board shall approve any 70-hour mixed didactic and clinical training program that demonstrates it meets the requirements of Acp 705.03-705.05. Programs seeking approval under this part shall submit documentation sufficient to demonstrate compliance with these requirements no later than 4 months before offering the training program for the first time.

Source. #12575, eff 7-20-18

Acp 705.03 Didactic and Clinical Experiences Required. Training programs shall include at least 30 hours of didactic education covering subjects related to acupuncture detoxification and 40 clinical hours under the supervision of a licensed acupuncturist.

Source. #12575, eff 7-20-18

Acp 705.04 Board-Approved Training Curriculum Requirements. The training curriculum shall include, but need not be limited to, the following subject matter:

(a) The history of acupuncture detoxification;

(b) Acupuncture detoxification point locations and descriptions, ear anatomy, identification of “active area” by changes in color, texture, etc.;

(c) Infectious disease, safety, and clean needle technique training as outlined in the NADA Acupuncture Detoxification Specialist Training Manual, effective July 1, 2017, available as noted in Appendix II;

(d) Needling technique, needle angle of insertion and insertion depth, needle removal, needle accountability, and disposal of needles;

(e) Breathing technique, body positioning, minimizing discomfort, clinical concerns, and complications with needling;

(f) Client communication including bedside manner, obtaining informed consent, developing and presenting information about acupuncture detoxification services, and addressing client fear and resistance to treatment;

(g) The communal treatment approach and effect, the yin nature of treatment, and non-verbal communication;

(h) Oriental medicine concepts as they relate to ADS, and the concept of empty fire;

(i) Trial treatments including explanation of what happens during treatment, addressing trainee fear of inflicting pain, practice on class members and inanimate objects, and client treatments in existing acupuncture detoxification service settings;

(j) Maintaining boundaries, safe touch, recognizing and supporting the client’s safe space, and observation and modification of treatment as needed in response to the needs of the client;

(k) Partnership with clients through the provision of acupuncture detoxification services, understanding that healing is within the client, supporting and endorsing other recovery processes, minimization of self and avoiding controlling behavior, and empowering the client’s choice to receive acupuncture detoxification services;

(l) ADS self-care including stress management, burnout prevention, receiving acupuncture detoxification treatments, attending Al-anon or other mutual help fellowships, and recognizing and validating the subjective experience;

(m) Client management issues and strategies, including how to maintain order in a room while providing acupuncture detoxification services to at least 5 clients, sensitivity to issues of racism, sexism, and homophobia in treatment, cultural sensitivity, psychosocial issues affecting clients’ recovery, and review of case studies;

(n) Discussion of unique needs and the role of acupuncture detoxification with special populations, including:

(1) Persons with HIV/AIDS;

(2) Persons who are or have been in the criminal justice system;

(3) Men;

(4) Women;

(5) Expecting or new mothers;

(6) Persons with co-existing mental health disorders;

(7) Persons who are or have experienced domestic violence or street violence;

(8) Persons who are homeless or who have experienced homelessness;

(9) Veterans;

(10) Persons experiencing Post Traumatic Stress Disorder or acute and chronic traumatic stress;

(11) Youth;

(12) Elderly;

(13) Persons who identify as gay, lesbian, bisexual, transsexual, etc.;

(14) Persons within specific ethnic or cultural groups; or

(15) Methadone assisted clients;

(o) The requirements for a peaceful and successful treatment environment, including the physical set up and aesthetics of the room, furniture, lighting, sound, relation with program staff, and interaction with individual clients;

(p) Documentation and charting procedures including subjective objective assessment plans (SOAP), narrative and other note formats, documentation specific to facility, agency or location, minimum requirements for notes to include date of service, status, treatment delivered, client response, and signature;

(q) Outcome data collection methods including symptom checklists and client surveys;

(r) Acupuncture detoxification related research, design and methodology, placebo trials, and the historical difficulties of research;

(s) The nature of addiction and recovery, including the disease concept, recovery, social, and brain model of addiction, review of substances of abuse and related client profiles, and the use of acupuncture detoxification with these populations, the psycho-spiritual nature of acupuncture detoxification, the role of shame and denial, recovery as a lifelong, individual, and intrinsic transformation, and mutual support fellowships;

(t) Stages of the recovery process and ADS treatment at each stage, including withdrawal, early recovery, sobriety maintenance, longer term recovery, and relapse prevention;

(u) 12-step recovery and mutual support fellowships including alcoholics anonymous (AA), narcotics anonymous (NA), Al-Anon, and Nar-Anon, program specific philosophy, the 12 steps and traditions, support groups and sponsorship, the requirement for ADS trainees without prior exposure to attend meetings; the role of 12- step programs in recovery, and alternatives to 12- step programs;

(v) Integration within the treatment milieu and limited scope of practice for an ADS and with other treatment interventions, treatment planning, group process, the adjunctive role of acupuncture detoxification services in conjunction with medical, psychological, and pharmacological intervention and with didactic, psycho-educational, individual, and family counseling, and collaboration and communication with the treatment team;

(w) Relation to other interventions and logistics of integration with other treatment interventions, including timing, availability, atmosphere, space, and setting, and necessary compliance with agency, facility specific, local, or state policies, procedures, laws, or rules;

(x) Appropriate referral and crisis management for addiction, mental health, and medical evaluation and care, referral for treatment of non-crisis and non-emergency needs, and the necessity of working openly and respectfully with other agencies;

(y) The existence of drug courts, family courts, veteran courts, and mental health courts as a means to better serve specialized populations; and

(z) Legal and ethical considerations related to performing acupuncture detoxification, including the requirement of supervision by a licensed acupuncturist, scope of practice and typical temptations to work outside scope of practice, board-approved ethics pledge, confidentiality, HIPAA regulation, federal law governing clients with substance abuse disorders and addiction, insurance coverage of acupuncture detoxification, RSA 328-G, and Acp 100-700.

Source. #12575, eff 7-20-18

Acp 705.05 Board-Approved Course Objectives. The objectives of training programs shall require that an ADS shall be able to:

(a) Perform treatments with good point location, technique, and safety practices within a group setting and perform 20 treatments in a 4- hour period;

(b) Explain the uses and limitations of the treatment;

(d) Understand the communal treatment effect and maintain an appropriate atmosphere;

(e) Demonstrate clean needle technique and universal precautions;

(f) Demonstrate understanding of, and comply with, the limited scope of practice and ethical principles that guide practice;

(g) Demonstrate understanding of the implications and role of acupuncture detoxification for the treatment of drug and alcohol abuse and addiction in the larger treatment context;

(h) Write chart notes including date of service, status, treatment delivered, client response, and signature;

(i) Demonstrate understanding of the adjunctive nature of acupuncture detoxification services and the importance of collaboration and communication with the treatment team;

(j) Demonstrate recognition of the psycho-spiritual nature of recovery, and be able to respect and support the client's internal process;

(k) Modify treatment appropriately as needed in response to the needs of the client within the combination of 5 points on the ear, for example, fewer needles or shorter retention, and respond to adverse clinical situations should they occur; and

(l) Demonstrate understanding of addictions and the NADA protocol from the perspective of Oriental medicine concepts such as empty fire.

Source. #12575, eff 7-20-18

Acp 705.06 Issuance of Certificates of Training Completion.

(a) Upon completion of the 70 -hour training, and after an evaluation of an application’s competency as outlined in Acp 705.05, training program providers shall issue a certificate of completion.

(b) The certificate shall contain the following:

(1) Total number of didactic training hours completed;

(2) Total number of clinical training hours completed;

(3) Dates of training and completion of training; and

(4) Printed name(s) and signature(s) of the instructor(s).

Source. #12575, eff 7-20-18

Acp 705.07 Prohibited Acts.

(a) Trainers and training programs shall not engage in any behavior that gives rise to conflicts of interest or gives the appearance of impropriety, including but not limited to:

(1) Recommending a completion certificate for an individual who did not complete the training;

(2) Conducting an inferior or substandard training;

(3) Misrepresenting the nature of the training to the recipient of the training, or to others; or

(4) Failing to fulfill obligations or agreements to trainees, agencies, or others.

(b) Board approval of training shall be subject to revocation, upon 45 days’ notice to the training provider, if any approved training program is found to be in violation of the requirements of Acp 705.

Source. #12575, eff 7-20-18

APPENDIX I

RULE	SPECIFIC STATE STATUTE THE RULE IMPLEMENTS
Acp 101.01	RSA 328-G:3; RSA 328-G:1
Acp 102.01	RSA 541-A:7
Acp 103.01	RSA 328-G:3, I
Acp 103.02	RSA 310-A:1-a, I; RSA 310-A:1-c
Acp 103.03	RSA 541-A:16, I
Acp 104.01	RSA 91-A
Acp 104.02	RSA 91-A
Acp 104.03	RSA 91-A
Acp 104.04	RSA 91-A
Acp 105.01	RSA 328-G:6; RSA 91-A:2
Acp 105.02	RSA 541-A:16, I; RSA 21-G:22
Acp 106.01	RSA 541-A:16, I(b)

Acp 201.01	RSA 328-G:13 and RSA 541-A:7
Acp 202.01	RSA 541-A:7
Acp 203.01	RSA 541-A:29
Acp 204.01	RSA 541-A:30, II and RSA 328-G:12, I
Acp 204.02	RSA 328-G:13, RSA 541-A and RSA 91-A
Acp 204.03	RSA 328-G:11, I(a), RSA328-G:12, I(a), RSA 328-G:13 and RSA 91-A
Acp 205.01	RSA 541-A:1, XIV
Acp 205.02	RSA 541-A:1, XIV
Acp 205.03	RSA 541-A:30-a, III(k)
Acp 205.04	RSA 541-A:30-a, III(j)
Acp 206	RSA 541-A:30-a, III(g)
Acp 207.01	RSA 328-G:13
Acp 207.02	RSA 328-G:13, RSA 541-A:31 and RSA 541-A:32, II
Acp 207.03	RSA 328-G:13 and RSA 541-A:31
Acp 207.04	RSA 541-A:36
Acp 207.05	RSA 541-A:31, III(e) and RSA 328-G:11, IV
Acp 207.06	RSA 541-A:30-a, III(b)
Acp 207.07	RSA 541-A:32
Acp 207.08	RSA 541-A:29, II
Acp 208.01	RSA 541-A:29
Acp 208.02	RSA 541-A:33
Acp 208.03	RSA 541-A:30-a, III(c) and RSA 541-A:16, I(b)
Acp 209.01	RSA 541-A:29
Acp 209.02	RSA 328-G:12, I & II and RSA 541-A:29
Acp 209.03	RSA 541-A:29
Acp 210	RSA 541-A:30-a, III(f)
Acp 211	RSA 541-A:30-a, III(h)
Acp 212.01	RSA 541-A:31, VI
Acp 212.02	RSA 328-G:11, III
Acp 212.03	RSA 541-A:31, V
Acp 212.04	RSA 541-A:31, V
Acp 213.01	RSA 541-A:31 and RSA 328-G:7, VII
Acp 213.02	RSA 541-A:30-a, III(d) & (e)
Acp 213.03	RSA 541-A:33
Acp 213.04	RSA 541-A:16, I(b)
Acp 213.05	RSA 541-A:33 and RSA 541-A:16, I(b)
Acp 214.01	RSA 541-A:31, VIII, RSA 541-A:33 and RSA 541-A:35
Acp 214.02(a)	RSA 541-A:31, VIII, RSA 541-A:33 and RSA 541-A:35
Acp 214.02(b)	RSA 328-G:12, III(1)
Acp 215.01	RSA 541-A:35
Acp 215.02	RSA 541-A:16, I(b)
Acp 215.03	RSA 541-A:16, I (b)
Acp 216	RSA 541-A:16, I(d)
Acp 217	RSA 541-A:4 and RSA 541-A:16, I(c)
Acp 218	RSA 541-A:16, I(b)(3)
Acp 219	RSA 541-A:11, VII

Acp 301.01	RSA 328-G:7, I and RSA 541-A:29
Acp 301.02	RSA 328-G:7, I and RSA 541-A:16, I(b)(1)
Acp 301.03	RSA 328-G:7, V, RSA 328-G:9, II and RSA 541-A:29, II(a)
Acp 302.01	RSA 328-G:9, II
Acp 302.02	RSA 328-G:9, II
Acp 302.03	RSA 328-G:9, II and RSA 328-G:7, I
Acp 302.04	RSA 328-G:9, II(g) and RSA 328-G:7
Acp 302.05	RSA 328-G:9, II(g) and RSA 328-G:7
Acp 303.01	RSA 328-G:9, II(g) and RSA 328-G:7, VI
Acp 304.01	RSA 328-G:7, XI
Acp 304.02	RSA 328-G:7, X
Acp 304.03	RSA 328-G:7, X
Acp 305.01	RSA 328-G:9 and RSA 328-G:7, XIII
Acp 306.01	RSA 328-G:9, II(c); RSA328-G:9, IX; and RSA 310-A:1-h, IV
Acp 307.01	RSA 328-G:1, II(b); 328-G:9, I & VIII

Acp 401.01	RSA 328-G:9, IX and RSA 328-G:7, II & III
Acp 401.02	RSA 328-G:9, IX & X and RSA 328-G:7, II & III
Acp 401.03	RSA 328-G:7, I & III and RSA 328-G:9, IX & X
Acp 401.04	RSA 541-A:30, I
Acp 401.05	RSA 541-A:29, RSA 541-A:30, I, RSA 328-G:9, II, IX & X and RSA 328-G:7, III
Acp 402.01	RSA 328-G:9, X and RSA 328-G:7, III
Acp 402.02	RSA 328-G:9, X and RSA 328-G:7, III
Acp 402.03	RSA 328-G:9, X and RSA 328-G:7, III
Acp 402.04	RSA 328-G:9, X and RSA 328-G:7, III
Acp 402.05	RSA 328-G:9, X and RSA 328-G:7, III
Acp 402.06	RSA 328-G:9, X and RSA 328-G:7, III
Acp 403.01	RSA 328-G:12 and RSA 541-A:30, III
Acp 403.02	RSA 328-G:12, III(a)(4)
Acp 402.03	RSA 328-G:9, X and RSA 328-G:7, III
Acp 402.04	RSA 328-G:9, X and RSA 328-G:7, III
Acp 403.05	RSA 328-G:12, II

Acp 501.01	RSA 328-G:1, II, RSA 328-G:7, V and RSA 328-G:11, I(a)
Acp 502.01	RSA 328-G:7, RSA 328-G:9, I, RSA 328-G:10, IV and RSA 328-G:12, II(c)
Acp 503.01	RSA 328-G:7, V; RSA 328-G:9, II (e) and RSA 328-G:12, II(c)
Acp 503.02	RSA 328-G:7, V; RSA 328-G:9, II (b) & (e) and RSA 328-G:12, II(c)

Acp 601.01	RSA 328-G:7, II and RSA 541-A:7
Acp 601.02	RSA 328-G:1, II; RSA 328-G:7, II and RSA 328-G:10, I & II
Acp 601.03	RSA 328-G:2, I & VIII and RSA 328-G:7, II; 328-G:10
Acp 601.04	RSA 328-G:10, I & II and RSA 328-G:11, I(a)
Acp 701	RSA 541-A:7
Acp 702	RSA 328-G:7, XIV (a)-(c); RSA 328-G:9-a
Acp 703	RSA 328-G:7, V, XIV (a), (b); RSA 328-G:9-a, II (b)
Acp 704	RSA 328-G:7, XIV (b); RSA 541-A:16, I (b) intro.
Acp 705	RSA 328-G:9-a, I; RSA 541-A:16, I (b) intro.

APPENDIX II

Rule Number

Title

Where Found

Acp 701.01(h) & (i),

Acp 702.01(a)(14),

Acp 703.01(a)(2)e.-g.,

Acp 703.02(c)(2),

Acp 705.01(a), and

Acp 705.04(c)

“NADA Acupuncture Detoxification Specialist Training Manual”, effective July 1, 2017, as published by the National Acupuncture Detoxification Association

Available to members online at:

https://www.acudetox.com