CHAPTER Ahp100  ORGANIZATIONAL RULES

 

PART Ahp 101  PURPOSE

 

          Ahp 101.01  Purpose.  These rules implement the statutory responsibilities under RSA 328-F of the board of directors of the office of licensed allied health professionals.

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19

 

PART Ahp 102  DEFINITIONS

 

          Ahp 102.01  “Board” means “board of directors” as defined in RSA 328-F:2, I, namely, “the chairpersons or their appointees of all the governing boards which shall be responsible for the administrative operation of the office of licensed allied health professionals.”

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19

 

          Ahp 102.02  “Governing boards” means individual licensing boards of athletic trainers, occupational therapy assistants, occupational therapists, recreational therapists, physical therapists, physical therapist assistants, respiratory care practitioners, speech-language pathologists, and genetic counselors.

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #9832, eff 12-15-10, EXPIRED:
7-1-14 pursuant to RSA 541-A:17,
II and 2013, 271:2

 

New.  #12724, eff 2-15-19

 

          Ahp 102.03  “Office of licensed allied health professionals” means “office of licensed allied health professionals” as defined in RSA 328-F:2, IV, namely, “an agency of multiple governing boards in professions of the allied health field.”

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19

 

PART Ahp 103  DESCRIPTION OF THE AGENCY

 

          Ahp 103.01  The Office of Licensed Allied Health Professionals.

 

          (a)  The office of licensed allied health professionals is responsible to the board of directors and coordinates the work of the governing boards.

 

          (b)  Its staff consists of:

 

(1) A supervisor II with authority delegated by the board of directors over matters of administrative and personnel management; and

 

(2)  Additional staff as needed.

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19

 

          Ahp 103.02  Responsibilities of the Board of Directors.  The responsibilities of the board of directors are:

 

          (a)  The preparation of a biennial budget for the board and the governing boards and the allocation to the governing boards of appropriated funds;

 

          (b)  The annual submission to the governor of a report of the transactions of the previous year and a complete statement of the receipts and expenditures of the board and the governing boards;

 

          (c)  The receipt and accounting for all moneys taken in by the governing boards and the payment of such moneys to the state treasurer;

 

          (d)  The establishment of fees for:

 

(1)  The processing by the governing boards of applications for initial licensure and certification;

 

(2) The issuance by the governing boards of initial licenses, license renewals and license reinstatements;

 

(3)  The issuance by the governing boards of initial certifications, renewal of certification and reinstatement of certification as authorized by their practice acts;

 

(4)  Late filing of applications for license renewal and renewal of certification;

 

(5)  The transcribing and transferring of records; and

 

(6)  The costs specified by RSA 328-F:15, I (g) associated with a hearing by any governing board at which the issue is denial of, or imposition of conditions on, an initial license;

 

          (e)  The provision of a forum for issues arising in the allied health professions; and

 

          (f)  The adoption of rules governing the hearing procedures of the governing boards and other matters specified by RSA 328-F:13.

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #9832, eff 12-15-10; ss by #12724, eff 2-15-19

 

          Ahp 103.03  Meetings of the Board of Directors.  The board of directors shall meet at least quarterly and more often if business requires.

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19

 

          Ahp 103.04  Public Access to Minutes.

 

          (a)  Minutes of board actions which are not exempt from disclosure under RSA 91-A:3, II or RSA 91-A:5 shall be governmental records open to the public.

 

          (b)  The minutes 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.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19 (formerly Ahp 103.05)

 

          Ahp 103.05  Officers.  Each January the board of directors and boards shall elect officers for terms of one year.

 

Source.  #12724, eff 2-15-19

 

PART Ahp 104  DESCRIPTION OF MEETING REQUIREMENT FOR BOARD OF DIRECTORS AND BOARDS

 

          Ahp 104.01  Attendance at Meetings by Members of the Public.  Pursuant to RSA 91-A:2, II, members of the public shall have the right to attend and record board meetings, except for those parts of the meetings which are nonpublic sessions as defined in RSA 91-A:3

 

Source.  #12724, eff 2-15-19

 

          Ahp 104.02  Notice of Board Meetings.

 

          (a)  Notice of the time and place of board meetings, excluding emergency meetings, shall be given in accordance with RSA 91-A:2, II.

 

          (b)  Information about the time and place of board meetings shall also be available at the numbers stated in Ahp 105.01 (b) and (c).

 

Source.  #12724, eff 2-15-19

 

          Ahp 104.03  Minutes of Board Meetings.

 

          (a)  Minutes of board meetings and of official actions taken by the boards shall be taken and preserved.

 

          (b)  Such minutes shall:

 

(1)  Record the members participating in each vote;

 

(2)  Separately record the position of members who dissent, abstain, or concur; and

 

(3)  Be available for inspection by the pubic in accordance with Ahp 105.04.

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09 (formerly Ahp 103.04)

 

PART Ahp 105  PUBLIC INFORMATION

 

          Ahp 105.01  Office Location; Mailing Address; Telephone, Fax and TTY/TDD Numbers; E-Address.

 

          (a)  The board’s office location and mailing address is:

 

The Office of Licensed Allied Health Professionals

Philbrook Building

121 South Fruit Street, Suite 303

Concord, NH 03301

 

          (b)  The board's telephone number is 603-271-8389 and its fax number is 603-271-6702.

 

          (c)  Access for in-state TTY/TDD users is through Relay New Hampshire by dialing 711 or by dialing 1-800-735-2964.

 

          (d)  The board's e-address is tina.kelley@oplc.nh.gov.

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19 (formerly Ahp 104.01)

 

          Ahp 105.02  Communication with the Board.

 

          (a)  Persons wishing to correspond with the board or make submissions to it may:

 

(1)  Send a letter;

 

(2)  Send the correspondence or submission by fax, provided that it is printed or typed and that the board's rules do not require it to be sent by mail; or

 

(3)  Send the correspondence or submission by e-mail, provided that the board's rules do not require it to be sent by mail.

 

          (b)  Persons seeking information from the board may do so by:

 

(1)  Mail, fax, or e-mail as set forth in (a) above;

 

(2)  Telephoning the board; or

 

(3)  Accessing the board as described in Ahp 105.01(c).

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #12724, eff 2-15-19 (formerly Ahp 104.02)

 

          Ahp 105.03  Custodian of Records; Inspection and Copies of Records.

 

          (a)  The supervisor II of the office of licensed allied health professionals shall have custody of the board's records, and shall make available, upon request, those records which are subject to public inspection under RSA 91-A.

 

          (b)  Persons desiring to inspect or obtain copies of board records shall identify as specifically as possible the information being sought.

 

          (c)  Persons desiring copies of board records shall pay the actual costs of copying.

 

          (d)  If records are requested which contain both public information and information exempt from disclosure pursuant to RSA 91-A or other law, the supervisor II shall delete the information exempt from disclosure and provide the remaining information.

 

Source.  #7401, eff 11-3-00; ss by #8077, eff 5-1-04; ss by #9517, eff 7-24-09; ss by #9832, eff 12-15-10; ss by #12724, eff 2-15-19 (formerly Ahp 104.03)

 

          Ahp 105.04  Public Access to Records.

 

          (a)  Pursuant to RSA 91-A:4 members of the public may inspect and copy those records of the board, including meeting minutes, which are public records and not exempt from disclosure by RSA 91-A:5, RSA 328-F:24, I, or other applicable law.

 

          (b)  Public records shall be inspected and copied during regular business hours at the office of the board at the location stated in Ahp 105.01(a).

 

          (c)  Persons desiring copies of public records shall reasonably describe the information being sought and pay the actual cost of the copies.

 

          (d)  If records are requested which contain both public information and information exempt from disclosure pursuant to RSA 91-A or other law, the administrator of the office of licensed allied health professionals shall, acting for the board, delete the information exempt from disclosure and provide the remaining information.

 

Source.  #12724, eff 2-15-19

 

CHAPTER Ahp 200  PROCEDURAL RULES

 

PART Ahp 201  SCOPE

 

          Ahp 201.01  Scope of the Chapter.  This chapter governs:

 

          (a)  The procedures of the board of directors; and

 

          (b)  Pursuant to RSA 328-F:13, the procedures of the governing boards with respect to:

 

(1)  Complaints of misconduct by licensees and certified individuals;

 

(2)  The conduct of disciplinary hearings; and

 

(3)  The voluntary surrender of licenses and certifications.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04; ss by #9833, eff 12-15-10

 

PART Ahp 202  DEFINITIONS

 

          Ahp 202.01  Definitions.

 

          (a)  “Adjudicative proceeding” means “adjudicative proceeding” as defined in RSA 541-A: 1, I., namely “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A: 36.”

 

          (b)  “Appearance” means a written notification to the board that a party, an intervenor or the representative of a party or intervenor intends to actively participate in an adjudicative proceeding.

 

          (c)  “Contested case” means “contested case” as defined in RSA 541-A:1, IV, namely, “a proceeding in which the legal rights, duties, or privileges of a party are required by law to be determined by an agency after notice and an opportunity for hearing.”

 

          (d)  “Declaratory ruling” means “declaratory ruling” as defined in RSA 541-A:1, V, namely, “an agency ruling as to the specific applicability of any statutory provision or of any rule or order of the agency.”

 

          (e)  “Governing board” means any of the boards established by RSA 328-F:3, I.

 

          (f)  “Intervenor” means a person without the status of a party but participating in an adjudicative proceeding to the extent permitted by the presiding officer acting pursuant to RSA 541-A:32.

 

          (g)  “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the proponent of the motion, including a statement of justification or reasons for the request.

 

          (h)  “Order” means “order” as defined in RSA 541-A:1, XI, namely, “the whole or part of an agency's final disposition of a matter, other than a rule, but does not include an agency's decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation.”

 

          (i)  “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.”

 

          (j)  “Person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character other than the board.

 

          (k)  “Presiding officer” means presiding officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.”

 

          (l)  “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probably true than not.

 

          (m)  “Public comment hearing” means a proceeding held pursuant to RSA 541-A:11.

 

          (n)  “Record” means, in a contested case, the materials set forth in RSA 541-A:31, VI.

 

          (o)  “Rulemaking petition” means a petition made pursuant to RSA 541-A:4, I.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

PART Ahp 203  PROCEDURES FOR THE RECEIPT BY GOVERNING BOARDS OF COMPLAINTS OF MISCONDUCT BY THEIR LICENSEES

 

          Ahp 203.01  Procedures for Submission of Complaints of Misconduct by Licensees.

 

          (a)  Persons wishing to complain of licensee misconduct shall:

 

(1)  Submit to the appropriate governing board a written complaint including the information described in (b) below, using mail or any electronic means for which the board is able to maintain security; or

 

(2)  Submit a complaint by telephone and thereafter confirm the complaint by:

 

a.  Reviewing a summary of the telephone conversation made by the board's staff;

 

b.  Correcting the summary as necessary and signing it; and

 

c.  Returning the signed summary to the board.

 

          (b)  A written complaint submitted pursuant to (a)(1) above shall include:

 

(1)  The name and address of the complainant;

 

(2) If the complaint is made on behalf of another person, the name of that person and the relationship of that person to the complainant;

 

(3)  The name of the licensee complained against;

 

(4)  If known, the business address and telephone number of the licensee complained against;

 

(5)  A detailed description of the treatment or event being complained about;

 

(6)  The beginning and ending dates of the treatment being complained about;

 

(7)  The name and, if known, the business address and telephone number, of any caregiver who was consulted about the actions which are complained about; and

 

(8)  As attachments, copies, but not originals, of any documents which relate to the complaint.

 

          (c)  Within 60 days the governing board shall confirm receipt of the complaint.

 

Source.  #7232, eff 4-15-00; ss by #8079, eff 5-1-04, EXPIRED: 5-1-12

 

New.  #10143-A, eff 6-7-12

 

PART Ahp 204  DISPUTE RESOLUTION AND CONSTRUCTION OF RULES

 

          Ahp 204.01  Principles of Dispute Resolution.  The boards shall resolve by agreement or by a decision all disputes about non-criminal matters within its statutory jurisdiction and the administrative rules adopted to implement its statutes.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 204.02  Construction of Rules.  Parts Ahp 205 through Ahp 214 shall be construed to secure the just, accurate and efficient resolution of all disputes.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 204.03  Right to A Hearing.  Any person having a dispute with the board shall be entitled to a hearing of the dispute if:

 

          (a)  The legal rights, duties or privileges of that person will be determined in the course of deciding the outcome of the dispute; and

 

          (b)  Constitutional, statutory or case law requires the board to hold a hearing before determination of those rights, duties or privileges.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

PART Ahp 205  CONDUCT OF HEARINGS BY PRESIDING OFFICER; WAIVER OF RULES

 

          Ahp 205.01  Presiding Officer.

 

          (a)  Hearings shall be conducted by a presiding officer designated by the board.

 

          (b)  The presiding officer shall as necessary:

 

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

 

(2)  Facilitate settlement of the dispute that is the subject of the hearing;

 

(3)  Administer oaths and affirmations;

 

(4)  Request that the board issue subpoenas to compel the attendance of witnesses or the production of documents;

 

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

 

(6)  Rule on procedural requests at the request of a party or intervenor or on the presiding officer's own motion;

 

(7)  Question anyone who testifies to the extent required to make a full and fair record;

 

(8)  Arrange for recording the hearing as specified in RSA 541-A:31, VII; and

 

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

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 205.02  Withdrawal of Presiding Officer.

 

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

 

          (b)  Good cause shall exist if the presiding officer:

 

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

 

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

 

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

 

          (c)  Mere knowledge of the issues or acquaintance with any party, intervenor or witness shall not constitute good cause for withdrawal.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 205.03  Waiver or Suspension of Rules by Presiding Officer.  The presiding officer, upon the motion of any party or intervenor, or on his or her own initiative, shall suspend or waive any requirement or limitation imposed by this chapter when the suspension or waiver:

 

          (a)  Appears to be lawful; and

 

          (b)  Is more likely to promote the just, accurate and efficient resolution of the pending dispute than would adherence to a particular rule or procedure.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

PART Ahp 206  TIME PERIODS

 

          Ahp 206.01  Computation of Time.

 

          (a)  Unless otherwise specified, the unit of time for time periods referenced in this chapter shall be calendar days.

 

          (b)  Computation of any period of time referred to in this chapter shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

 

          (c)  If the last day of the period so computed falls on a Saturday, Sunday or a legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

PART Ahp 207  FILING, FORMAT AND DELIVERY OF DOCUMENTS

 

          Ahp 207.01  Date of Issuance or Filing.

 

          (a)  All written documents governed by this chapter shall be rebuttably presumed to have been issued on the date noted on the document.

 

          (b)  All written documents governed by this chapter shall be rebuttably presumed to have been filed with the board on the date of receipt, as evidenced by a date placed on the document by the board or its staff in the normal course of business.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 207.02  Format of Documents.

 

          (a)  All correspondence, pleadings, motions or other documents filed shall:

 

(1)  Include the title and docket number of the case, if known;

 

(2)  Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

 

(3)  Be signed by the proponent of the document, or, if the proponent appears by a representative, by the representative; and

 

(4)  Include a statement certifying that a copy of the document has been delivered to all parties and intervenors in compliance with Ahp 207.03.

 

          (b)  The signature of a party or intervenor or the representative of the party or the intervenor on a document filed with the board shall constitute certification that:

 

(1)  The signer has read the document;

 

(2)  The signer is authorized to file it;

 

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

 

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

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 207.03 Delivery of Documents.

 

          (a)  Copies of all motions, exhibits, memoranda, or other documents filed by any party or intervenor shall be delivered by that party or intervenor to the board and to all other parties and intervenors.

 

          (b)  All notices, orders, decisions or other documents issued by the presiding officer or the board shall be delivered to all parties and intervenors.

 

          (c)  Delivery of documents relating to a proceeding but not issued by the presiding officer or the board shall be made either in hand or by depositing into the United States mail a copy of the document in an envelope bearing:

 

(1)  The name of the person intended to receive the document;

 

(2)  The full address, including zip code, last provided to the board by such person; and

 

(3)  Prepaid first class postage.

 

          (d)  Delivery of documents relating to a proceeding and issued by the presiding officer or the board shall be made by mailing them in accordance with (c) above and using certified mail with return receipt requested.

 

          (e)  When a party or intervenor appears by a representative, delivery of a document to the party's or intervenor’s representative either in hand or at the address stated on the appearance filed by the representative shall constitute delivery to the party or intervenor.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

PART Ahp 208  MOTIONS AND OBJECTIONS

 

          Ahp 208.01  Motions; Objections to Motions; Ruling on Motions.

 

          (a)  Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or based on information that was not received in time to prepare a written motion.

 

          (b)  Oral motions and any oral objections to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the proponent to submit the motion in writing and provide supporting information.

 

          (c)  Except as otherwise provided in this chapter, objections to written motions shall be filed within 10 days of the date of the motion.

 

          (d)  Failure by an opposing party or an intervenor to object to a motion shall not in and of itself constitute grounds for granting the motion.

 

          (e)  When necessary to obtain information or clarify an issue relating to the proceedings, the presiding officer shall hold a hearing on the motion.

 

          (f)  The presiding officer shall rule upon a motion after full consideration of all objections and applicable law.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

PART Ahp 209  COMMENCEMENT OF ADJUDICATIVE PROCEEDINGS; APPEARANCES; PRE-HEARING CONFERENCES; RECORDING THE HEARING

 

          Ahp 209.01  Commencement of Adjudicative Proceedings.

 

          (a)  An adjudicative proceeding shall be commenced by:

 

(1)  An order of the board giving the parties the notice specified in (b) below; and

 

(2)  In the case of a proceeding relating to the board's emergency suspension of a license or certification, the notice specified in (b) below together with the order issued pursuant to Ahp 209.02(a).

 

          (b)  The notice of hearing shall contain:

 

(1)  The names and addresses of the parties;

 

(2)  A statement of the nature of the hearing;

 

(3)  The time and place of the hearing and of any pre-hearing conference;

 

(4)  A statement of the legal authority under which the hearing is to be held;

 

(5)  A reference to the applicable statutes and rules;

 

(6)  A short and plain statement of the issues presented;

 

(7)  A statement that each party has the right to have representation by an attorney at the party’s own expense;

 

(8)  The name of the presiding officer, if known;

 

(9)  In the case of a hearing not related to the board's emergency suspension of a license or certification, the statement that:

 

a.  The licensed or certified individual has the right to have the board provide a certified shorthand court reporter at the individual's expense;

 

b.  The request for a certified shorthand court reporter shall be submitted in writing at least 10 days before the beginning of the hearing; and

 

(10)  In the case of a hearing related to the board's emergency suspension of a license or certification pursuant to Ahp 209.02, the statement that the board shall provide a certified shorthand court reporter at the board's expense.

 

          (c)  The substitution of another individual for the individual identified as presiding officer in the notice of hearing shall not invalidate the notice.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04; ss by #9833, eff 12-15-10

 

          Ahp 209.02  Procedure for Emergency Suspension of Licenses and Certifications.

 

          (a)  Upon a finding that public health, safety or welfare requires emergency action, the board shall immediately and prior to a hearing suspend a license or certification by issuing a written order of suspension incorporating the finding.

 

          (b)  The board shall commence a hearing no later than 10 working days after the issuance of an order pursuant to (a) above.

 

          (c)  Unless the 10-day deadline in (b) above is expressly waived by the licensed or certified individual, the failure of the board to meet the deadline shall result in the automatic vacating of the order of suspension.

 

          (d)  After the vacating of the order pursuant to (c) above, the board shall not again suspend the license or certification on the basis of the same conduct which formed the basis for the vacated order without giving the licensed or certified individual prior notice and the opportunity for a hearing under Ahp 209.01.

 

          (e)  The recording of a hearing on the emergency suspension of a license or certification shall be made by a certified shorthand court reporter provided and paid for by the board.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04; ss by #9833, eff 12-15-10

 

          Ahp 209.03  Appearances.

 

          (a)  An appearance shall be filed by:

 

(1)  Each party or the party's representative, if any; and

 

(2)  Each intervenor or the intervenor's representative, if any.

 

          (b) Appearances shall be filed:

 

(1)  In the case of a hearing not related to the board's emergency suspension of a license or certification pursuant to Ahp 209.02, within 15 days of receipt of the notice required by Ahp 209.01(a); and

 

(2)  In the case of a hearing related to the board's emergency suspension of a license or certification, within 5 days of receipt of such notice.

 

          (c)  The appearance shall contain the following information:

 

(1)  The docket number assigned by the board or a brief identification of the case;

 

(2)  The daytime address and telephone number of the person filing the appearance; and

 

(3)  If applicable, the daytime address and telephone number of the party or intervenor represented by the person filing the appearance.

 

Source.  #8078, eff 5-1-04; ss by #9833, eff 12-15-10

 

          Ahp 209.04  Pre-hearing Conference.

 

          (a)  A prehearing conference shall be scheduled on the request of any party or intervenor or on the initiative of the board or the presiding officer if such a conference would facilitate the proceedings or encourage resolution of the dispute.

 

(b)  A prehearing conference shall address one or more of the following:

 

(1)  Offers of settlement;

 

(2)  Simplification of the issues;

 

(3)  Stipulations or admissions as to issues of fact or proof;

 

(4)  Limitations on the number of witnesses;

 

(5)  Changes to standard hearing procedures;

 

(6)  Consolidation of examination of witnesses; and

 

(7)  Any other matters that advance the efficiency of the proceedings.

 

Source.  #8078, eff 5-1-04; ss by #9833, eff 12-15-10

 

          Ahp 209.05  Recording the Hearing.

 

          (a)  Except in the circumstances described in (b) below, the presiding officer shall record the hearing by electronic recording or any other method that will provide a verbatim record.

 

          (b)  A hearing on the immediate suspension of a license or certification pursuant to RSA 541-A:30, III shall be recorded by a certified shorthand court reporter provided by the board.

 

          (c)  If any person requests a transcript of the verbatim recording of a hearing, the board shall:

 

(1)  Cause a transcript to be prepared; and

 

(2)  Upon receipt of payment for the cost of the transcription, provide a copy of the transcript to the person making the request.

 

Source.  #8078, eff 5-1-04; ss by #9833, eff 12-15-10

 

PART Ahp 210  INTERVENTION; ROLES OF COMPLAINANTS AND BOARD STAFF

 

          Ahp 210.01  Intervention Procedure.

 

          (a)  Petitions for intervention shall:

 

(1)  Describe the petitioner's interest in the subject matter of the proceedings; and

 

(2)  Be submitted in writing to the presiding officer.

 

          (b)  A copy of a petition submitted pursuant to (a) above shall be mailed to the board and to all persons identified in the notice commencing the adjudicative proceeding.

 

          (c)  A petition for intervention shall be granted by the presiding officer if:

 

(1)  The petitioner complied with (a) and (b) above at least 3 days before the hearing and the presiding officer determines that:

 

a.  The petition states facts demonstrating that the petitioner's rights, duties, privileges, immunities or other substantial interests might be affected by the proceedings or the petitioner qualifies as an intervenor under law; and

 

b.  The intervention sought would not impair the interests of justice and the orderly and prompt conduct of the proceedings; or

 

(2)  The petitioner complied with (a) and (b) above at any time and the presiding officer determines that the intervention sought would be in the interests of justice and would not impair the orderly and prompt conduct of the proceedings.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 210.02  Effect of Intervention and Rights of an Intervenor.

 

          (a)  Approval of intervention by the presiding officer shall apply only to the proceeding in which the petition for intervention was granted.

 

          (b)  Notwithstanding the provisions of this chapter, an intervenor’s right to participate in an adjudicative proceeding shall be subject to any limitations or conditions imposed by the presiding officer pursuant to RSA 541-A:32, III.

 

          (c)  An intervenor shall take the proceedings as he or she finds them and no portion of the proceeding shall be repeated because of the fact of intervention.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 210.03  Roles of Complainants and Board Staff.

 

          (a)  Complainants alleging misconduct by a licensed or certified individual shall have no role in any hearing other than that of witness unless they petition for, and are granted, the right to intervene.

 

          (b)  Unless called as witnesses, board staff shall have no role in any hearing.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04; ss by #9833, eff 12-15-10

 

PART Ahp 211  CONTINUANCES AND FAILURE TO ATTEND HEARING

 

          Ahp 211.01  Continuances.

 

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

 

          (b)  A motion for a delay or a continuance shall be granted if the presiding officer determines that a delay or continuance would assist in resolving the case fairly.

 

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

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 211.02  Failure of a Party to Attend or Participate in the Hearing.

 

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

 

(1)  Has the overall burden of proof;

 

(2)  Has been given notice in accordance with Ahp 209.01; and

 

(3)  Fails to attend the hearing.

 

          (b)  If a party is in default under (a) above, the case shall be dismissed.

 

          (c)  If a party who does not have the overall burden of proof fails to attend a hearing after having been given notice in accordance with Ahp 209.01, the testimony and evidence of any other parties or intervenors shall be received and evaluated.

 

          (d)  If a party who has the overall burden of proof attends a hearing but fails to participate by presenting evidence or argument, a decision shall be entered against that party.

 

          (e)  The board shall not dismiss the case under (b) above if the failure to attend results from circumstances that are beyond the control of the party.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

PART Ahp 212  REQUESTS FOR INFORMATION AND DOCUMENTS

 

          Ahp 212.01  Voluntary Production of Information.

 

          (a)  Each party and intervenor shall attempt in good faith to make complete and timely response to requests for the voluntary production of information and documents relevant to the hearing.

 

          (b)  When a dispute arises concerning a request for the voluntary production of information or documents, any party or intervenor may file a motion under Ahp 212.02 to compel the production of the requested information or documents.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 212.02  Motions to Compel Production of Information and Documents.

 

          (a)  Any party or intervenor may make a motion seeking an order for compliance with an information or document request. The motion shall be filed at least 20 days before the date scheduled for the hearing and in any event as soon as possible after receiving the notice of the hearing and failing in an attempt to obtain the requested information or documents through voluntary production.

 

          (b)  The motion to compel shall:

 

(1)  Set forth in detail those facts which justify the request for information or documents; and

 

(2)  List with specificity the information or documents being sought.

 

          (c)  Objections to motions to compel shall be filed within 10 days of the delivery of the motion.

 

          (d)  The presiding officer shall grant the motion to compel if its proponent has demonstrated that an order for compliance is necessary for a full and fair presentation of evidence at the hearing.

 

Source.  #8078, eff 5-1-04

 

          Ahp 212.03  Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits.  At least 5 days before the hearing, the parties and intervenors shall provide to the other parties and intervenors:

 

          (a)  A list of witnesses intended to be called at the hearing;

 

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

 

          (c)  A copy of each document intended to be offered as evidence at the hearing.

 

Source.  #8078, eff 5-1-04; ss by #10451, eff 10-29-13

 

PART Ahp 213  HEARING PROCEDURE

 

          Ahp 213.01  Standard and Burden of Proof.  The party or intervenor asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 213.02  Order of Testimony; Cross-Examination.

 

          (a) Any individual offering testimony, evidence or arguments shall state for the record his or her name and role in the hearing. If the individual is representing another person, the person being represented shall also be identified.

 

          (b)  Testimony on behalf of the parties shall be offered in the following order:

 

(1)  The testimony of the party or parties bearing the overall burden of proof and such witnesses as such party or parties may call; and

 

(2)  Thereafter, the testimony of the party or parties opposing the party who bears the overall burden of proof and such witnesses as such party or parties may call.

 

          (c)  The testimony of intervenors and such witnesses as such intervenors may be allowed to call shall be offered at the time directed by the presiding officer.

 

          (d)  Each party may cross-examine any witnesses offered against that party.

 

          (e)  The presiding officer shall call witnesses not called by the parties if their testimony is required for a full and fair adjudication of the issues.

 

          (f)  The right of an intervenor to cross-examine witnesses shall be determined by the presiding officer.

 

          (g)  Board members may question each witness after the witness has finished testifying.

 

Source.  #7232, eff 4-15-00; ss by #8078, eff 5-1-04

 

          Ahp 213.03  Evidence.

 

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

 

          (b)  All rules of privilege recognized under the laws of the state of New Hampshire shall apply in proceedings before the board.

 

          (c)  All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

 

          (d)  All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

 

          (e)  Transcripts of testimony as well as documents, materials and objects admitted into evidence shall be public records unless the presiding officer determines that all or part of them is exempt from disclosure under RSA 91-A:5 or applicable case law.

 

Source.  #8078, eff 5-1-04

 

          Ahp 213.04  Proposed Findings of Fact and Conclusions of Law.

 

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

 

          (b)  The presiding officer shall require the submission of proposed findings of fact and rulings of law and specify a deadline after the close of the hearing for their submission when:

 

(1)  Any party or intervenor has requested such action;

 

(2)  The presiding officer is required by Ahp 213.07(d)(3) to submit findings of fact and rulings of law to the board; or

 

(3)  The presiding officer determines that proposed findings of fact and rulings of law would clarify the issues presented at the hearing.

 

          (c)  In any case where proposed findings of fact and rulings of law are submitted, the decision shall include rulings on the proposals.

 

Source.  #8078, eff 5-1-04

 

          Ahp 213.05  Closing the Record.  After the conclusion of the hearing and the filing of such post-hearing submissions as may be ordered by the presiding officer, the record shall be closed and no additional evidence shall be received into the record except as allowed by Ahp 213.06.

 

Source.  #8078, eff 5-1-04

 

          Ahp 213.06  Reopening the Record.

 

          (a)  If no written proposal for decision pursuant to Ahp 213.07 (d) or decision pursuant to Ahp 213.07 (a) has been issued, any party or intervenor may move to reopen the record for the inclusion in the record of specified evidence or claims of law.

 

          (b)  A motion pursuant to (a) above shall be granted if there is no objection from any other party or intervenor and:

 

(1)  The evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted; and

 

(2)  The presiding officer determines that the evidence or claim of law is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

 

          (c)  If there is an objection from a party or intervenor to a motion made pursuant to (a) above, the hearing shall be reopened for the purpose of receiving evidence, permitting cross-examination and permitting argument on the issue of reopening the record.

 

          (d)  The presiding officer shall grant a motion made pursuant to (a) above if, after the reopened hearing described in (c) above, the presiding officer determines that the evidence sought to be included in the record was not available at the time of the hearing or the claim of law was inadvertently omitted and the evidence or claim of law is relevant, material and non-duplicative and its inclusion in the record is necessary to a full and fair consideration of the issues to be decided.

 

          (e)  If the presiding officer permits the reopening of the record for the admission of specified evidence or claim of law, the presiding officer shall extend the hearing reopened pursuant to (c) for the purpose of receiving evidence, permitting cross-examination and permitting argument on the substance of the evidence or on the claim of law.

 

Source.  #8078, eff 5-1-04

 

          Ahp 213.07  Disposition.

 

          (a)  The board shall issue a decision or order, whether or not the record has been reopened pursuant to Ahp 213.06, based on:

 

(1)  A hearing attended by a quorum of the board;

 

(2)  A written proposal for disposition meeting the requirements of paragraph (c) below; or

 

(3)  A hearing held pursuant to paragraph (e) (2 ).

 

          (b)  The decision or order shall be in writing and dated.

 

          (c)  A board member shall not participate in the board's disposition if he or she has not personally heard all of the testimony in the case, unless the disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

 

          (d)  If a presiding officer has been delegated the authority to conduct the hearing in the absence of a quorum of the board, the presiding officer shall submit to the board a written proposal for disposition containing:

 

(1)  The disposition proposed by the presiding officer;

 

(2)  A statement of the reasons for the proposed disposition; and

 

(3)  Findings of fact and rulings of law necessary to the proposed disposition.

 

          (e)  If a proposed disposition submitted pursuant to paragraph (c) is adverse to a party or an intervenor, the board shall:

 

(1)  Serve a copy of it on each party and intervenor; and

 

(2)  Provide an opportunity to file objections and present briefs and oral arguments to the board.

 

          (f)  The board shall keep a final decision in its records for at least 5 years following their dates of issuance, 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 5:40.

 

Source.  #8078, eff 5-1-04

 

          Ahp 213.08  Rehearing.

 

          (a)  Rehearing shall be before a quorum of the board.

 

          (b)  Within 30 days of the board's decision or order pursuant to Ahp 213.07 any party or person directly affected may request rehearing of any matter determined in the proceeding or covered by the decision or order by submitting a written motion specifying:

 

(1)  The issues to be considered at the rehearing; and

 

(2)  Every ground on which it is claimed that the decision or order is unlawful or unreasonable.

 

          (c)  An objection to a motion for rehearing shall be submitted within 5 days of the submission of the motion.

 

          (d)  Within 10 days of the submission of the motion for rehearing the board shall:

 

(1)  Grant the motion;

 

(2)  Deny the motion; or

 

(3) Suspend the board's decision or order pending further consideration.

 

          (e)  The board shall grant the motion for rehearing if it determines that, in the original hearing it:

 

(1)  Incorrectly assessed the relevant evidence;

 

(2)  Incorrectly applied the relevant law; or

 

(3)  Otherwise failed substantially to comply with this chapter or acted in a manner which was unlawful or unreasonable.

 

Source.  #8078, eff 5-1-04

 

PART Ahp 214  SETTLEMENTS

 

          Ahp 214.01  Settlement of Disciplinary Issues.

 

          (a)  Any licensee and governing board having a dispute over a disciplinary matter shall have the opportunity to settle some or all of the issues if there is no dispute between them about the material facts underlying the issues.

 

          (b)  To be effective, an agreement to settle shall be:

 

(1)  In writing;

 

(2)  Signed by the licensee; and

 

(3) After the signing by the licensee, finalized as an order issued by the governing board.

 

          (c)  The signing by the licensee of an agreement to settle shall constitute a waiver of the licensee's right to a hearing of the issues resolved by the agreement.

 

Source.  #8079, eff 5-1-04; EXPIRED: 5-1-12

 

New.  #10143-A, eff 6-7-12

 

PART Ahp 215  RULEMAKING

 

          Ahp 215.01  Petitions for Rulemaking.

 

          (a)  Any person may seek the adoption, amendment or repeal of a rule by submitting to the board a petition pursuant to RSA 541-A:4.

 

          (b)  Each petition for rulemaking shall contain:

 

(1)  The name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the entity to file the petition;

 

(2)  A statement of the purpose of the petition, whether the adoption, amendment or repeal of a rule;

 

(3)  If amendment or adoption of a rule is sought, the text proposed;

 

(4)  If amendment or repeal of a rule is sought, identification of the current rule sought to be amended or repealed;

 

(5)  Reference to the statutory provision that authorizes or supports the rulemaking petition; and

 

(6)  Information or argument useful to the board when deciding whether to begin the rulemaking process.

 

Source.  #8078, eff 5-1-04

 

          Ahp 215.02  Disposition of Petitions for Rulemaking.

 

          (a)  The board shall request additional information or argument from the petitioner for rulemaking or from others if such additional information or argument is required to reach a decision.

 

          (b)  The board shall grant the petition for rulemaking if the adoption, amendment or repeal sought would not result in:

 

(1)  A rule that is not within the rulemaking authority of the board;

 

(2)  Duplication of a rule or of a statutory provision;

 

(3)  Inconsistency between the existing rules and the statutory mandate of the board;

 

(4)  Inconsistency of administrative rules one with another; or

 

(5) Excessive burden upon the board in terms of cost or a reduction in efficiency or effectiveness.

 

          (c)  Within 30 days of receipt of a sufficient petition the board shall dispose of it in the following manner:

 

(1)  By notifying the petitioner that the petition is granted and beginning rulemaking proceedings as required by RSA 541-A:4; or

 

(2)  By notifying the petitioner in writing that the petition is denied and the reasons for its denial.

 

          (d)  The denial of a petition for rulemaking shall not entitle the petitioner to a hearing.

 

Source.  #8078, eff 5-1-04

 

PART Ahp 216  PUBLIC COMMENT HEARINGS

 

          Ahp 216.01  Purpose.  The purpose of this part is to provide uniform procedures for the conduct of public comment hearings held pursuant to RSA 541-A:11.

 

Source.  #8078, eff 5-1-04

 

          Ahp 216.02  Public Access and Participation.

 

          (a)  Public comment hearings shall be open to the public, and members of the public shall be entitled to testify, subject to the limitations of Ahp 216.03.

 

          (b)  People who wish to testify shall be asked to write on the speaker's list:

 

(1)  Their full names and addresses; and

 

(2)  The names and addresses of organizations, entities or other persons whom they represent, if any.

 

          (c)  Written comments, which may be submitted in lieu of or in addition to oral testimony, shall be accepted for 10 days after the adjournment of a hearing or after the adjournment of a postponed or continued hearing.

 

Source.  #8078, eff 5-1-04

 

          Ahp 216.03  Limitations on Public Participation.  The board's chair or other person designated by the board to preside over a hearing shall:

 

          (a)  Refuse to recognize for speaking or revoke the recognition of any person who:

 

(1)  Speaks or acts in an abusive or disruptive manner;

 

(2)  Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

 

(3)  Restates more than once what he or she has already stated; and

 

(b)  Limit presentations on behalf of the same organization or entity to no more than 3, provided that all those representing such organization or entity may enter their names and addresses into the record as supporting the position of the organization or entity.

 

Source.  #8078, eff 5-1-04

 

          Ahp 216.04  Media Access.  Public comment hearings shall be open to print and electronic media, subject to the following limitations when such limitations are necessary to allow a hearing to go forward:

 

          (a)  Limitation of the number of media representatives when their number together with the number of members of the public present exceeds the capacity of the hearing room;

 

          (b)  Limitation on the placement of cameras to specific locations within the hearing room; or

 

          (c)  Prohibition of interviews conducted within the hearing room before or during the hearing.

 

Source.  #8078, eff 5-1-04

 

          Ahp 216.05  Conduct of Public Comment Hearings.

 

          (a) Public comment hearings shall be presided over by the board chair or a board member knowledgeable in the subject area of the proposed rules who has been designated by the board to preside over the hearing.

 

          (b)  The chair or other person presiding over a hearing shall:

 

(1)  Call the hearing to order;

 

(2)  Identify the proposed rules that are the subject matter of the hearing and provide copies of them upon request;

 

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

 

(4)  Recognize those who wish to be heard;

 

(5)  If necessary, establish limits pursuant to Ahp 216.03 and Ahp 216.04;

 

(6)  If necessary to permit the hearing to go forward in an orderly manner, effect the removal of a person who speaks or acts in a manner that is personally abusive or otherwise disrupts the hearing;

 

(7)  If necessary, postpone or move the hearing; and

 

(8)  Adjourn or continue the hearing.

 

          (c)  A hearing shall be postponed in accordance with RSA 541-A:11, IV when:

 

(1)  The weather is so inclement that it is reasonable to conclude that people wishing to attend the hearing will be unable to do so;

 

(2)  The board chair or other person designated by the board to preside over the hearing is ill or unavoidably absent; or

 

(3)  Postponement will facilitate greater participation by the public.

 

          (d)  A hearing shall be moved to another location in accordance with RSA 541-A:11, V when the original location is not able to accommodate the number of people who wish to attend the hearing.

 

          (e)  A hearing shall be continued past the scheduled time or to another date in accordance with RSA 541-A:11, III when:

 

(1)  The time available is not sufficient to give each person who wishes to speak a reasonable opportunity to do so; or

 

(2)  The capacity of the room in which the hearing is to be held does not accommodate the number of people who wish to attend and it is not possible to move the hearing to another location.

 

Source.  #8078, eff 5-1-04

 

PART Ahp 217  DECLARATORY RULINGS

 

          Ahp 217.01  Requests for Declaratory Rulings.

 

          (a)  Any individual or entity may request a declaratory ruling by the board if that individual or entity is directly affected by the applicable statute or by any administrative rule.

 

          (b)  A request for a declaratory ruling shall be in writing containing:

 

(1)  The name and address of the individual or entity making the request;

 

(2)  The text of the ruling being requested;

 

(3)  The reasons for the request; and

 

(4) The following declaration signed by the individual making the request, the authorized representative of such individual, or the authorized representative of the entity making the request:

 

"I declare that I have examined the request for a declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct and complete."

 

Source.  #8078, eff 5-1-04

 

          Ahp 217.02  Documents Required to Support Requests for Declaratory Rulings.

 

          (a)  A request for a declaratory ruling shall be accompanied by:

 

(1)  A statement citing the statutory law, regulatory law and orders believed to support the ruling being requested;

 

(2)  A statement of the facts believed to support the ruling being requested; and

 

(3)  Supplementary material necessary to establish or clarify the facts set forth in the statement of facts.

 

          (b)  A request for a declaratory ruling may be accompanied by additional material chosen by the person making the request.

 

Source.  #8078, eff 5-1-04

 

          Ahp 217.03  Processing Requests for Declaratory Rulings.

 

          (a)  Within 30 days of receiving a request for a declaratory ruling the board shall advise the individual or entity requesting it if the ruling will be delayed by the need for additional information or the complexity of the issues presented.

 

          (b)  If additional information should be needed, the board shall specify the additional information required and request that it be provided in a statement of additional information that includes the declaration specified in Ahp 216.01(b)(4) and is accompanied by any material necessary to establish or clarify the facts set forth in the statement.

 

Source.  #8078, eff 5-1-04

 

          Ahp 217.04  Issuance and Publication of Declaratory Rulings.

 

          (a)  When facts sufficient to support a declaratory ruling have been established, the board shall issue a written declaratory ruling which applies all relevant law to the established facts.

 

          (b)  When the established facts show that the board lacks subject matter or personal jurisdiction to issue a declaratory ruling, the board shall issue a written decision stating that it lacks jurisdiction to issue a declaratory ruling and identifying the lack of jurisdiction.

 

          (c)  Declaratory rulings shall be filed on the day of issuance with the director of legislative services in accordance with RSA 541-A:16, II (b).

 

Source.  #8078, eff 5-1-04

 

          Ahp 217.05  Effect of Declaratory Rulings.  A declaratory ruling shall apply only to the board and to the individual or entity requesting it and shall be confined to the facts presented pursuant to Ahp 216.02 (a)(2) through (a)(3) and in response to a request of the board made pursuant to Ahp  216.03 (b).

 

Source.  #8078, eff 5-1-04

 

PART Ahp 218  EXPLANATION OF ADOPTED RULES

 

          Ahp 218.01  Requests for Explanation of Adopted Rules.  Any interested person may, within 30 days of the final adoption of a rule, request a written explanation of that rule by making a written request to the board including:

 

          (a)  The name and address of the individual making the request; or

 

          (b)  If the request is that of an organization or other entity, the name and address of such organization or entity and the name and address of the representative authorized by the organization or entity to make the request.

 

Source.  #8079, eff 5-1-04, EXPIRED: 5-1-12

 

New.  #10143-A, eff 6-7-12

 

          Ahp 218.02  Contents of Explanation.  The board shall, within 90 days of receiving a request in accordance with Ahp 218.01, provide a written response which:

 

          (a)  Concisely states the meaning of the rule adopted;

 

          (b)  Concisely states the principal reasons for and against the adoption of the rule in its final form; and

 

          (c)  States, if the board did so, why the board overruled any arguments and considerations presented against the rule.

 

Source.  #8079, eff 5-1-04, EXPIRED: 5-1-12

 

New.  #10143-A, eff 6-7-12

 

PART Ahp 219  VOLUNTARY SURRENDER OF LICENSES ISSUED BY GOVERNING BOARDS

 

          Ahp 219.01  Procedure for Voluntary Surrender of License.  Any licensee wishing to surrender his or her license shall submit to the appropriate governing board a written statement of voluntary surrender of license.

 

Source.  #8079, eff 5-1-04; EXPIRED: 5-1-12

 

New.  #10143-B, eff 6-7-12

 

          Ahp 219.02  Effectiveness of Submission of Statement of Voluntary Surrender.

 

          (a)  Except as set forth in (c) and (d) below, the submission of a written statement of voluntary surrender of license shall be accepted by the governing board and shall achieve the surrender of the license.

 

          (b)  The surrender of a license in accordance with (a) above shall not deprive the governing board of jurisdiction to take disciplinary action on the basis of acts or omissions of the licensee done before the date of the surrender.

 

          (c)  If the written statement of surrender is submitted during the governing board's investigation of possible misconduct by the licensee, the submission shall neither be accepted by the governing board nor achieve surrender of the license.

 

          (d)  If the written statement of surrender is submitted after the beginning of disciplinary proceedings against the licensee, the submission, in order to be effective, shall be part of an order issued in accordance with Ahp 214.01(b) and covering all pending issues.

 

Source.  #8079, eff 5-1-04, EXPIRED: 5-1-12

 

New.  #10143-B, eff 6-7-12

 

          Ahp 219.03  Results of Voluntary License Surrender.  A licensee who has voluntarily surrendered a license shall not practice the profession which the surrendered license previously entitled the licensee to practice unless the license has been reinstated or a new license has been issued pursuant to the rules of the appropriate governing board.

 

Source.  #8079, eff 5-1-04, EXPIRED: 6-7-12

 

New.  #10143-B, eff 6-7-12

 

CHAPTER Ahp 300  FEES CHARGED BY THE GOVERNING BOARDS

 

PART Ahp 301  PURPOSE AND FEES

 

          Ahp 301.01  Purpose of this Chapter.  This chapter sets forth the fees which shall be charged by the governing boards. The governing boards are individual licensing boards which regulate the following professions:

 

          (a)  Athletic training;

 

          (b)  Genetic counselors;

 

          (c)  Occupational therapy;

 

          (d)  Physical therapy;

 

          (e)  Respiratory care;

 

          (f)  Speech language pathology; and

 

          (g)  Recreational therapy.

 

Source.  #7232, eff 4-15-00; ss by #8080, eff 5-1-04; ss by #9012, eff 10-26-07; ss by #9201, eff 7-15-08; ss by #9555, eff 9-30-09, EXPIRES: 9-30-17; ss by #12490, eff 3-14-18; ss by #12752, eff 4-3-19

 

          Ahp 301.02  Fees.

 

          (a)  The schedule of fees for licensure and for certification of Speech-language assistants shall be as follows:

 

Type of Fee

Fee

Application processing fee for initial license

$  60.00

Application processing fee for initial certification

$  20.00

Initial license (with a document suitable for framing)

$110.00

Initial certification (with a document suitable for framing)

$  55.00

Physical Therapy Privilege to practice under the compact

$ 65.00

Replacement of initial license or certificate document suitable

for framing

$ 35.00

Replacement of pocket card

$   5.00

Temporary initial license fee

$100.00

Renewal of license

$110.00

Renewal of certification

$  55.00

Late filing for renewal of license

$110.00

Late filing for renewal of certificate

$  55.00

License reinstatement

$220.00

Certification reinstatement

$110.00

Transcribing eligibility records for physical therapy examination

$   1.00

Written verification of status of license or certificate

$  25.00

List of licensees and certificate holders of a single governing board issued by e-mail

$  20.00

List of licensees and certificate holders of a single governing board issued on paper provided by the board

$  25.00

 

          (b) The application processing fee for an initial license shall not be refunded under any circumstances.

 

Source.  #7232, eff 4-15-00; ss by #8080, eff 5-1-04; ss by #9012, eff 10-26-07; ss by #9201, eff 7-15-08; ss by #9555, eff 9-30-09, EXPIRES: 9-30-17; ss by #12490, eff 3-14-18; ss by #12752, eff 4-3-19; ss by #12816, eff 6-27-19

 

CHAPTER Ahp 400  Renewal, Continuing Education and Ongoing Requirements

 

Source.  #7232, eff 4-15-00; rpld by #8938, eff 7-17-07

 

CHAPTER Ahp 500  Licensee Discipline, Administrative Fines and License Surrender

 

Source.  #7232, eff 4-15-00; rpld by #8081, eff 5-1-04

 

CHAPTER Ahp 600  ALLIED HEALTH FORMS FOR GOVERNING BOARDS

 

PART Ahp 601  FORMS

 

          Ahp 601.01  Application For I nitial Licensure or Certification.

 

          (a)  The application form for initial licensure or certification shall be the “Application for Initial Licensure or Certification” form approved by the office of licensed allied health professionals board of directors on April 12, 2018.

 

          (b)  The application form shall be provided by the board.

 

          (c)  Applicants for full initial licensure and provisional licensure shall submit the following to the board:

 

(1)  A completed “Application for Initial Licensure or Certification” form, revised 4/12/18, for which the applicant shall:

 

a.  Complete the entire form using a keyboard or by printing the information legibly in ink; and

 

b.  Complete all sections of the entire form or designate them as not applicable;

 

(2)  A “2 x 2” photograph of the applicants face taken within the immediately preceding 6 months; and

 

(3)  A fee in accordance with Ahp 301.02.

 

          (d)  The application form in (c)(1) above shall have the applicant’s notarized signature pursuant to Ahp 601.05.

 

Source.  #12725, eff 2-15-19

 

          Ahp 601.02  Application for Reinstatement of Licensure or Certification.

 

          (a)  The application form for reinstatement of licensure or certification shall be the “Application for Reinstatement of Licensure or Certification” approved by the office of licensed allied health professionals board of directors on April 12, 2018.

 

          (b)  The application form shall be provided by the board.

 

          (c)  Applicants for full reinstatement of licensure or certification shall submit the following to the board:

 

(1)  A completed “Application for Reinstatement of Licensure or Certification” form, revised 4/12/18, for which the applicant shall:

 

a.  Complete the entire form using a keyboard or by printing the information legibly in ink; and

 

b.  Complete all sections of the entire form or designate them as not applicable;

 

(2)  A “2 x 2” photograph of the applicants face taken within the immediately preceding 6 months; and

 

(3)  A fee in accordance with Ahp 301.02.

 

          (d)  The application form in (c)(1) above shall have the applicant’s notarized signature pursuant to Ahp 601.05.

 

Source.  #12725, eff 2-15-19

 

          Ahp 601.03  Renewal Application of License or Certification.

 

          (a)  The application form for renewal of license or certification shall be the “Renewal Application” form approved by the office of licensed allied health professional board of directors on April 12, 2018.

 

          (b)  The application form shall be provided by the board.

 

          (c)  The application form shall have the year the renewal is taking place marked at the top of the form.

 

          (d)  Applicants for renewal of license or certification shall submit the following to the board:

 

(1)  A completed “Renewal Application”, revised 4/12/18, for which the applicant shall:

 

a.  Complete the entire form using a keyboard or by printing the information legibly in ink; and

 

b.  Complete all sections of the entire form or designate them as not applicable; and

 

c.  Sign and date the form; and

 

(2)  A fee in accordance with Ahp 301.02.

 

Source.  #12725, eff 2-15-19

 

          Ahp 601.04  Application For Temporary Licensure.

 

          (a)  The application form for temporary licensure shall be the “Application for Temporary Initial Licensure” form approved by the office of licensed allied health professionals board of directors on April 1, 2019.

 

          (b)  The application form shall be provided by the board.

 

          (c)  Applicants for temporary licensure shall submit the following to the board:

 

(1)  A completed application for full licensure;

 

(2)  A completed “Application for Temporary Initial Licensure” form, revised 4/1/2019, for which the applicant shall:

 

a.  Complete the entire form using a keyboard or by printing the information legibly in ink; and

 

b.  Complete all sections of the entire form or designate them as not applicable;

 

(3)  Proof the applicant holds an unencumbered license from either Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont, as required by RSA 328-F:18, VI; and

 

(4)  A fee in accordance with Ahp 301.02.

 

          (d)  The application form in (c)(2) above shall have the applicant’s notarized signature pursuant to Ahp 601.07.

 

          (e)  Pursuant to RSA 161-B:11, VI-a, the applicant shall furnish his or her social security number on the application form.

 

Source.  #12846, eff 8-13-19

 

          Ahp 601.05  Certification on Application Forms.

 

          (a)  The applicant shall provide a notarized signature on the following preprinted statement contained on the applicable form described in Ahp 601.01, Ahp 601.02, Ahp 601.03, and 601.04.

 

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

 

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

 

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

 

Source.  #12725, eff 2-15-19; ss by #12846, eff 8-13-19 (formerly Ahp 601.04)

 

          Ahp 601.06  Supervision Form.

 

          (a)  The supervision form shall be the “Supervision Form” approved by the office of licensed allied health professionals board of directors on April 12, 2018.

 

          (b)  The individual to be supervised shall:

 

(1)  Legibly complete the portion of the “Supervision Form”, revised 4/12/18, designated “to be completed by the person to be supervised”; and

 

(2)  Complete in ink or using a keyboard;

 

          (c)  The individual who intends to provide supervision shall submit to the board a completed “Supervision Form”, revised 4/12/18, for which the supervisor shall:

 

(1)  Legibly complete the portion of the form designated “to be completed by the supervisor”;

 

(2)  Complete in ink or using a keyboard; and

 

(3)  Sign and date the form.

 

          (d)  The signature required on the form in (c) above shall attest to the fact that the supervisor:

 

(1)  Has read and understands the rules or order of the board governing the supervision;

 

(2)  Agrees to undertake the duties of supervision;

 

(3)  Agrees to take responsibility for the acts and omissions of any individual to whom the signer delegates the duties of supervision; and

 

(4)  Agrees with the statement of understanding that the failure of the signer or the signer's delegate to follow the rules or order of the board governing the supervision has the potential to subject the signer to disciplinary sanctions.

 

Source.  #12725, eff 2-15-19; renumbered by #12846 (formerly Ahp 601.05)

 

          Ahp 601.07  Effect of Notarized Signature.  The effect of the applicant’s notarized signature on any form shall be:

 

          (a)  The applicant’s acknowledgement that knowingly making a false statement on the application form is a misdemeanor under RSA 641:2, I;

 

          (b)  The applicant’s certification that:

 

(1)  The information provided on all of the parts of the application form and in the documents personally submitted to support the application is complete and accurate to the best of the applicant’s knowledge and belief; and

 

(2)  The applicant has read the statutes and administrative rules of the board; and

 

          (c)  The applicant’s promise to abide by the statutes and administrative rules of the board.

 

Source.  #12725, eff 2-15-19; renumbered by #12846 (formerly Ahp 601.06)

 

PART Ahp 602  FORM REQUESTS

 

          Ahp 602.01  Application Requests.

 

          (a)  The Board shall make available on its web site, https://www.oplc.nh.gov/allied-health/forms-documents.htm, an “Application Request” form for the forms described in Ahp 601.01 and Ahp 601.02.

 

          (b)  Applicants may request an application by:

 

(1)  Completing and submitting the “Application Request” form revised November 8, 2018, available at https://business.nh.gov/NCharge/allied-health/default.asp?form_name=AppRequest; or

 

(2)  Calling the Board’s office at 603-271-8389.

 

          (c)  For the purpose of this form the following abbreviations shall be used to designate the professions under the office of licensed allied health professionals:

 

(1)  AT shall designate athletic trainers;

 

(2)  GC shall designate genetic counselor;

 

(3)  OT shall designate occupational therapist and occupational therapy assistant;

 

(4)  PT shall designate physical therapist or physical therapist assistant;

 

(5)  RT shall designate recreational therapist;

 

(6)  RCP shall designate respiratory care practitioners; and

 

(7)  SLP shall designate speech-language pathologists and speech-language assistants.

 

Source.  #12725, eff 2-15-19

 

Appendix

 

Rule

Specific State Statute the Rule Implements

 

 

Ahp 101 - 102

RSA 541-A:7

Ahp 103.01

RSA 328-F:3, II

Ahp 103.02

RSA 328-F:13

Ahp 103.03

RSA 328-F:12, III

Ahp 103.04

RSA 328-F:12

Ahp 103.05

RSA 328-F:12; RSA 541-A:16, I(a)

Ahp 104.01 - 104.02

RSA 541-A:16, I(a)

Ahp 104.03

RSA 91-A:4

Ahp 105

RSA 91-A:4; RSA 541-A:16, I(b) intro.

 

 

Ahp 201.01

RSA-F:13, RSA 328-F:24, RSA 328-F:29, III

Ahp 201.01(a)

RSA 541-A:16, I(b)

Ahp 201.01(b)

RSA 328-F:13, II

Ahp 202

RSA 541-A:7

Ahp 203

RSA 541-A:16, I(b)

Ahp 204.01

RSA 541-A:16, I(b); RSA541-A:31, V(a); RSA 541-A:38

Ahp 204.02

RSA 541-A:16, I(b)

Ahp 204.03

RSA 541-A:30-a, I; RSA 541-A:31, I

Ahp 205.01 (a) and (b)(1) through (3)

RSA 541-A:16, I(b); RSA 541-A:31, V(b) and (c)

Ahp 205.01(b)(4)

RSA 328-F:24, IV(c)

Ahp 205.01 (b)(5) through (9)

RSA 541-A:16, I(b); RSA 541-A:31, V(b) and (c)

Ahp 205.02

RSA 541-A:30-a, III(k)

Ahp 205.03

RSA 541-A:30-a, III(j)

Ahp 206

RSA 541-A:30-a, III(f); RSA 541-A:16, IV

Ahp 207

RSA 541-A:16, I(b); RSA 541-A:30-a, III(a)

Ahp 208.01(a)

RSA 541-A:16, I(b); RSA 541-A:30-a, III(a)

Ahp 208.01(b)

RSA 541-A:16, I(b); RSA 541-A:30-a, III(a);

RSA 541-A:31, VI(b)

Ahp 208.01(c) and (d)

RSA 541-A:16, I(b)

Ahp 208.01(e) and (f)

RSA 541-A:16, I(b); RSA 541-A:31, IV

Ahp 209.01(a) and (b)

RSA 541-A:16, I(b); RSA 541:30-a, I; RSA 541-A:31, III

Ahp 209.02

RSA 541-A:30, III

Ahp 209.03

RSA 541-A:16, I(b); RSA 541-A:30-a, III(b)

Ahp 209.04(a)

RSA 541-A:16, I(b); RSA 541-A:31, V(b)

Ahp 209.04(b)

RSA 541-A:16, I(b); RSA 541-A:31, V(c)

Ahp 209.05 (a)

RSA 541-A:16, I(b); RSA 541-A:31, VII

Ahp 209.05(b)

RSA 541-A:30, III

Ahp 209.05(c)

RSA 541-A:16, I(b); RSA 541-A:31, VII

Ahp 210

RSA 541-A:30-a, III(g)

Ahp 210.01

RSA 541-A:32, I and II

Ahp 210.02(a)

RSA 541-A:16, I(b)

Ahp 210.02(b)

RSA 541-A:32, III

Ahp 210.02(c)

RSA 541-A:16, I(b)

Ahp 210.03

RSA 328-F:24

Ahp 211.01

RSA 541-A:30-a, III(h)

Ahp 211.02

RSA 541-A:16, I(b); RSA 541-A, I

Ahp 212

RSA 541-A:16, I(b); RSA 541-A, I; RSA 541-A:30-a, III(c)

Ahp 213.01

RSA 541-A:16, I(b); RSA 541-A, I;

RSA 541-A:30-a, III(d) and (e)

Ahp 213.02(a) and (b)

RSA 541-A:16, I(b); RSA 541-A:30-a, I

Ahp 213.02(c) and (f)

RSA 541-A:32, III

Ahp 213.02(e) and (g)

RSA 541-A:16, I(b); RSA 541-A:30-a, I; RSA 541-A:31, IV

Ahp 213.03

RSA 541-A:33; RSA 541-A:30-a, I

Ahp 213.04 and 213.05

RSA 541-A:16, I(b); RSA 541-A:30-a, I

Ahp 213.06

RSA 541-A:16, I(b); RSA 541-A:30-a, I; RSA 541-A:30-a, III(i)

Ahp 213.07(a) and (b)

RSA 541-A:16, I(b); RSA 541-A:30-a, I

Ahp 213.07(c) through (e)

RSA 541-A:16, I(b); RSA 541-A:30-a, I; RSA 541-A:34

Ahp 213.07 (f)

RSA 541-A:30-a, III(l)

Ahp 213.08

RSA 541-A:16, I(b); RSA 541-A:30-a, I

Ahp 214

RSA 541-A:16, I(b); RSA 541-A:31, V(a)

Ahp 215

RSA 541-A:16, I(c)

Ahp 216

RSA 541-A:16, I(b)(3)

Ahp 217

RSA 541-A:16, I(d)

Ahp 218

RSA 541-A:11, VII

Ahp 219

RSA 541-A:16, I(b); RSA 328-F:29, III

 

 

Ahp 301.01

RSA 328-F:13, III

Ahp 301.02

RSA 328-F:13, III; RSA 328-F:18, VI

 

 

Ahp 601.01

RSA 328-F:13, IV

Ahp 601.02

RSA 328-F:13, IV

Ahp 601.03

RSA 328-F:13, IV

Ahp 601.04

RSA 328-F:18, VI; RSA 328-F:13, V

Ahp 601.05

RSA 328-F:13, IV

Ahp 601.06

RSA 328-F:13, IV

Ahp 601.07

RSA 328-F:13, IV

Ahp 602

RSA 328-F:13, IV