CHAPTER Med 100  ORGANIZATION, DEFINITIONS AND PUBLIC INFORMATION

 

Statutory Authority:  RSA 329:9

 

REVISION NOTE:

 

            Document #9900, effective 4-12-11, adopted, amended, readopted with amendments, or repealed many rules in Chapters Med 100 through Med 600.  In Chapter Med 100 on organizational rules, Document #9900 adopted a new rule Med 102.08 defining “Medical Review Subcommittee (MRSC)” and readopted with amendments Med 104.01 and Med 105.03.  However, the Joint Legislative Committee on Administrative Rules (JLCAR) had not approved the rules in Document #9900 pursuant to RSA 541-A:13.  Therefore, although the rules in Chapter Med 100 in Document #9900 were organizational rules, they expired after 8 years on 4-12-19 pursuant to RSA 541-A:17, as amended through 2009, 232:5.

 

PART Med 101  PURPOSE AND SCOPE

 

          Med 101.01  Purpose and Scope.

 

          (a)  The rules of this title implement the statutory responsibilities of the New Hampshire board of medicine under the following chapters:

 

(1)  RSA 329, Physicians and Surgeons; and

 

(2)  RSA 328-D, Physician Assistants.

 

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

 

(1)  The examination and licensing of all practitioners listed in (a) above;

 

(2)  The development of ethical and other professional standards to be followed by licensees under those chapters;

 

(3)  The process for investigating allegations of misconduct and imposing disciplinary sanctions on licensees; and

 

(4)  The development of continuing professional education requirements and other requirements for demonstrating professional competence.

 

Source.  #1136, eff 3-27-78; ss by #2199, eff 12-2-82; ss by #2910, eff 11-21-84; ss by #4970, eff 11-8-90, EXPIRED 11-8-96

 

New.  #6554, eff 7-31-97; ss by #7230, eff 4-11-00

 

PART Med 102  DEFINITIONS

 

          Med 102.01  "Administrator" means the person designated by the board under RSA 329:2 IV to represent their interests and to direct the staff and operations of the board in an efficient manner.

 

Source.  #4970, eff 11-8-90; amd by #5092, eff 3-13-91; ss by #6554, eff 7-31-97

 

          Med 102.02  "Board" means the New Hampshire board of medicine created under RSA 329:2.

 

Source.  #6554, eff 7-31-97

 

          Med 102.03  "Licensee" means any person holding a valid license or certification issued by the board under any grant of statutory authority.

 

Source.  #6554, eff 7-31-97

 

          Med 102.04  "Practice of Medicine" means the practice of medicine or surgery as defined in RSA 329:1, including procedures which require the use of lasers, provided, however, that activities which may lawfully be performed by health care professionals licensed under other New Hampshire statutes shall not be considered as the practice of medicine.

 

Source.  #6554, eff 7-31-97

 

          Med 102.05  "Physician" means a doctor of medicine or a doctor of osteopathy who holds a current license to practice issued by the board pursuant to RSA 329.

 

Source.  #6554, eff 7-31-97

 

          Med 102.06  "President" means the president of the board chosen pursuant to RSA 329:7.

 

Source.  #6554, eff 7-31-97

 

          Med 102.07  "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.  #6554, eff 7-31-97

 

          Med 102.08  “Medical Review Subcommittee (MRSC)” means the medical review subcommittee of the board as defined in RSA 329:17, V-a.

 

Source.  #9900, eff 4-12-11, EXPIRED 4-12-19 (see Revision Note at chapter heading for Med 100)

 

PART Med 103  ORGANIZATION

 

          Med 103.01  Composition of the Board.  The board consists of 11 members who are appointed by the governor and council and shall meet the eligibility requirements of RSA 329:2, I and RSA 329:4.

 

Source.  #4970, eff 11-8-90, EXPIRED 11-8-96

 

New.  #6554, eff 7-31-97; ss by #10125-A, eff 5-9-12

 

          Med 103.02  Officers.

 

          (a)  In December of each year, the board shall elect one member to serve as president and one member to serve as vice president and one member to be the board’s designee on the MRSC for the coming year.

 

          (b)  The president shall chair the board’s meetings, establish the order of its business and approve the actions of the administrator, consistent with the policies of the board.

 

          (c)  The vice-president shall assume the duties of the president in his or her absence.

 

          (d)  The board shall elect a member as the board’s designee on the MRSC.  That member shall attend and be a full voting member at the MRSC meetings and as a consequence be recused from the discussion of disciplinary matters by the board.

 

Source.  #4970, eff 11-8-90, EXPIRED 11-8-96

 

New.  #6554, eff 7-31-97; ss by #10125-A, eff 5-9-12

 

          Med 103.03  Staff.  The board shall employ an executive director, an administrator and such other staff as is necessary to conduct the board’s day-to-day operations and to fulfill its statutory duties.

 

Source.  #4970, eff 11-8-90, EXPIRED 11-8-96

 

New.  #6554, eff 7-31-97; ss by #10125-A, eff 5-9-12

 

PART Med 104  PUBLIC INFORMATION

 

          Med 104.01  Access to Public Records.

 

          (a)  To ensure public access to the official records of the board, the board shall maintain an office in which all public records shall be open for inspection during regular state working hours.  Members of the public may request orally, or in writing, to inspect public records in person or by obtaining a photocopy of such records.  A fee of $.25 per page shall be charged for making photocopies of any document.

 

          (b)  Requests for copies of public records should be addressed to the board's administrator at the following address:

 

Board of Medicine

Philbrook Building

121 South Fruit Street

Concord, New Hampshire 03301

 

          (c)  Minutes of all board and committee meetings shall be taken and shall be available for inspection during the board's regular business hours within 144 hours of the date of the meeting or vote in questions, unless the 72 hour availability requirements of RSA 91-A:3, III is applicable.

 

          (d)  Board records which contain both public and confidential information shall be provided with the confidential information deleted.

 

          (e)  Final orders in disciplinary matters shall be retained indefinitely.

 

Source.  #4970, eff 11-8-90, EXPIRED 11-8-96

 

New.  #6554, eff 7-31-97; ss by #9900, eff 4-12-11, EXPIRED 4-12-19 (see Revision Note at chapter heading for Med 100) 

 

PART Med 105  MEETINGS, DELIBERATIONS AND DECISIONS

 

          Med 105.01  Meetings.  The board shall meet monthly and at such additional times as shall be called for by the president or by vote of the board.

 

Source.  #4970, eff 11-8-90, EXPIRED 11-8-96

 

New.  #6554, eff 7-31-97

 

          Med 105.02  Necessary Quorum.  Except as otherwise provided by law, a  quorum shall not be required to conduct a hearing or receive information, but final decisions shall be made only by the affirmative vote of a majority of the board members eligible to participate in the matter in question.

 

Source.  #4970, eff 11-8-90, EXPIRED 11-8-96

 

New.  #6554, eff 7-31-97

 

          Med 105.03  Draft Decisions.

 

          (a)  Draft decisions shall not be binding upon the board.  Changes in the form or the substance of a draft decision may be made as often as necessary to produce a final document which satisfactorily sets forth the final result the board intends to reach.

 

          (b)  A majority of the board may take action by telephone poll or written ballot provided that such action is ratified at a subsequent meeting of the board.

 

          (c)  The board's final decision shall be issued only after the necessary majority has voted on the final document.

 

          (d)  A board member who was absent from the meeting at which a draft decision was reached shall be eligible to vote on the final decision prepared in accordance with the board's direction, if the member is not otherwise recused from the matter in question.

 

Source.  #4970, eff 11-8-90, EXPIRED 11-8-96

 

New.  #6554, eff 7-31-97; ss by #9900, eff 4-12-11, EXPIRED 4-12-19 (see Revision Note at chapter heading for Med 100) 

 

PART Med 106  APPOINTMENT OF SUBCOMMITTEES

 

          Med 106.01  Committees.

 

          (a)  A committee, appointed by the board to investigate and make recommendations on matters within the statutory authority of the board, shall consist of one or more members and shall be chaired by a member of the board.

 

          (b)  When expressly authorized by the board, the authority of a committee shall include:

 

(1)  The retention of qualified non-board members to serve as members of the committee; and

 

(2)  The retention of paid advisors or consultants pursuant to Med 329:18 II.

 

Source.  #4970, eff 11-8-90, EXPIRED 11-8-96

 

New.  #6554, eff 7-31-97


CHAPTER Med 200  PRACTICE AND PROCEDURE

 

REVISION NOTE:

 

            Document #9900, effective 4-12-11, adopted, amended, readopted with amendments, or repealed many rules in Chapters Med 100 through Med 600.  In Chapter Med 200, Document #9900 readopted with amendments selected rules in Parts Med 201, 204, 205, and 206, and readopted with amendments rules Med 201.01 and Med 202.02.  Document #9900 also amended Med 208.01(a).  Document #9900 repealed Med 210 on nonadjudicatory investigations and adopted a new rule Med 205.03 on investigations.  Document #9900 replaces all prior filings for rules in the former Med 210.  The prior filings affecting Med 210 include the following documents:

 

            #4970, effective 11-8-90, EXPIRED 11-8-96

            #6517, effective 5-30-97, EXPIRED 5-30-05

            #8662, INTERIM, effective 6-16-06, EXPIRED 12-13-06

            #8944-B, effective 7-18-07

 

            Document # 9900 also renumbered, but did not readopt, the existing rule Med 205.03 as Med 205.04.  The repeal of Med 210 by Document #9900 necessitated the renumbering of existing Parts Med 211, Med 212, and Med 213 as, respectively, Med 210, Med 211, and Med 212.  The source notes for rules renumbered by these actions indicate the former rule number, and the document numbers and effective dates apply to the rules under the former number.

 

PART Med 201  INTRODUCTION AND DEFINITIONS

 

          Med 201.01  Purpose.  The board shall conduct various proceedings for the purpose of acquiring sufficient information to make fair and reasoned decisions on matters within its statutory jurisdiction, including decisions on applications for licensure and complaints filed against licensees.  These rules shall be construed to secure the just, efficient and accurate resolution of all board proceedings.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 201.02  Definitions.  Except where the context makes another meaning manifest, the following words have the meanings indicated when used in this chapter:

 

          (a)  "Adjudicatory proceeding" means any proceeding in which the rights, duties or privileges of a person are determined by the board, but does not include nonadjudicatory investigations or rulemaking.

 

          (b)  “Administrative prosecutions unit (APU)” means the administrative prosecutions unit of the Office of the Attorney General.

 

          (c)  “Board investigator” is a board employee or contractor who works with the MRSC to conduct investigations.

 

          (d)  "Complaint" means a written allegation of professional misconduct against a licensee of the board.

 

          (e)  "Data" means all information other than argument, including oral or written descriptions, reports, maps, charts, drawings, photographs, audio or video recordings, computer programs, or computer printouts.

 

          (f)  “Disciplinary proceeding” means an adjudicative proceeding commenced by the board for the purpose of examining alleged misconduct by a licensee.

 

          (g)  “Expert reviewer” is a physician who is not a board of MRSC member who is contracted to provide an expert review on a matter before the board.

 

          (h)  "File" means to place a document in the actual possession of the board.

 

          (i)  "Hearing" means the receipt and consideration by the board of data or argument, or both, by methods which are appropriate to the issues presented and the position of the parties.

 

          (j)  “Hearing counsel” means an individual appointed by the board to present licensee misconduct allegations and denials of applications for licensure to the board.

 

          (k)  “Investigation” means a gathering of data by the board investigator or MRSC concerning matters within its jurisdiction.

 

          (l)  “Letter of concern” means a written letter from the board drawing the licensee’s attention to specific acts or omissions that could place the licensee at risk of future disciplinary action.  A letter of concern is non-disciplinary, confidential and is sent to the licensee following a complaint and investigation pursuant to RSA 329:17, VII-a.

 

          (m)  "Motion" means any request by a party to a proceeding for an order relating to that proceeding.

 

          (n)  "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, some thing; or

 

(4)  Determining a person's rights to a license or other privilege established by RSA 329 or the rules of this chapter.

 

          (o)  "Petition" means any request to the board seeking an order or any other action or relief, but does not include a license application, a complaint against, or a motion.

 

          (p)  “Physician investigator” means the physician appointed by the board, subject to governor and council approval who works with the MRSC to assign and investigate complaints as described in RSA 329:17, V-a.

 

          (q)  “Presiding officer” means the board member or other individual to whom the board has delegated authority to preside over an adjudicatory or other proceeding.

 

          (r)  “Rulemaking” means the statutory procedures for the formulation of a rule as set forth in RSA 541-A:3.

 

          (s)  “Report of investigation (ROI)” is a report generated by the MRSC.  The ROI contains a summary of the facts and data gathered during the investigation and the recommendation of the MRSC for resolution of the complaint.

 

          (t)  “Settlement agreement” means a written order approved by the board acknowledging consent of the licensee to enter stipulated facts and imposing disciplinary actions consented to by the licensee to resolve certain allegations of licensee misconduct. Once approved, a settlement agreement shall become a public document in accordance with RSA 329:18-a, IV.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200); ss by #10125-A, eff 5-9-12

 

          Med 201.03  Failure to Comply with Rules.

 

          (a)  Failure to comply with the rules of this chapter shall be grounds for:

 

(1)  Refusing to accept or admit a noncompliant document for filing or refusing to consider a noncompliant oral petition or motion where the document, petition or motion can not be amended to conform; or

 

(2)  Accepting or admitting a noncompliant application, petition or motion or exhibit on the condition that conformity with specific procedural requirements be achieved by a specified date.

 

          (b)  When a noncompliant pleading or other tendered information is not accepted or admitted by the board, or when conditions for the acceptance or admission of noncompliant information are not met, the board shall make a decision on the pending matter without considering the noncompliant information, unless the board notifies the parties that it has waived the rule in accordance with Med 201.04.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 201.04  Waiver or Suspension of Procedural Rules.  The board, upon its own initiative or upon the motion of any interested person, shall suspend or waive any procedural requirement or limitation imposed by this chapter upon reasonable notice to affected persons when it appears that the proposed waiver or suspension would be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues properly pending before the board than would adherence to a particular procedural rule or rules.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

PART Med 202  APPEARANCES BEFORE THE BOARD

 

          Med 202.01  Representatives.

 

          (a)  Persons appearing before the board shall represent themselves or be represented by an individual of good character who:

 

(1)  Is an attorney holding a current and active New Hampshire license who has filed a written appearance with the board containing his or her business address and telephone number; or

 

(2)  Is not a New Hampshire licensed attorney, but has filed a motion for leave to appear as a representative which has been granted by the board.

 

          (b)  Motions for leave to appear before the board shall:

 

(1)  Briefly describe the proposed representative's professional and character qualifications;

 

(2)  Describe any other occasions where the proposed representative has acted as a representative for another;

 

(3)  Provide the proposed representative's daytime address and telephone number; and

 

(4)  Be signed by both the proposed representative and the party who would be represented.

 

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

 

(1)  An attorney licensed in New Hampshire; or

 

(2)  An officer, director, or managing partner with express and unqualified written authority to act on behalf of the entity concerning the matter in question.

 

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

 

          (e)  The board shall, after notice and opportunity for hearing, prohibit an individual from acting as a representative upon a finding that the individual has engaged in willful misconduct relating to representation before the board, has violated rules or orders of the board, disrupted board proceedings or made material misrepresentations to the board or a party to the proceedings.

 

          (f)  Any prohibition or restriction issued under (d), above, shall apply only to the board's proceedings, either pending or in the future, or any combination thereof, as warranted by the circumstances of the case.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRES: 12-13-06

 

New.  #8944-A, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200)

 

          Med 202.02  Hearing Counsel.

 

          (a)  When a proceeding warrants the participation of an investigator or prosecutor, the board shall designate a member of the APU, a member of the MRSC, or other qualified person to act as hearing counsel in an investigation or adjudication.

 

          (b)  Persons appointed to act as hearing counsel shall not perform adjudicative functions in the same case in which they perform investigative or prosecutorial functions.

 

          (c)  Hearing counsel shall have the status of a party in adjudicative proceedings, but shall not initiate judicial review of a final board action.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIREd12-13-06

 

New.  #8944-A, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200)

 

PART Med 203  TIME PERIODS

 

          Med 203.01  Computation of Time.

 

          (a)  Any time period specified in this chapter 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.

 

          (b)  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.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 203.02  Change in Allowed Times.

 

          (a)  Except where a time period is fixed by statute, the board shall, upon motion or upon its own initiative, enlarge or shorten the time provided for the filing of any document, or advance or postpone the time provided for the filing of any document, or advance or postpone the time set for any oral hearing, prehearing conference, or other activity, for the purposes of efficiency and due process.

 

          (b)  A motion for a change of time shall be granted upon a finding of due diligence and probable injury to the moving party which outweighs any detriment likely to be suffered by any other party to the proceeding or the public interest responsibilities of the board.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 203.03  Limitations.  A motion to change time shall not be filed within 3 business days of the event in question.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

PART Med 204  FILING AND SERVICE OF DOCUMENTS

 

          Med 204.01  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 which is patently and facially in violation of the board's rules shall be returned to the sender and not accepted for filing.

 

          (b)  All correspondence, filings, and other communications to the board shall be addressed to the board's office in care of its administrator.

 

          (c)  All petitions, motions, exhibits, memoranda or other documents filed in connection with a request for board action shall be filed with an original and 11 copies, unless the board directs that a lesser number of copies be furnished;

 

          (d)  Only a single copy shall be filed of:

 

(1)  Transmittal letters, requests for public information, or other routine correspondence not directed at formal board action;

 

(2)  License applications; and

 

(3)  Complaints against licensees.

 

          (e)  Failure to furnish the required number of copies may result in the tendered document being returned as unacceptable for filing.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200)

 

Med 204.02  Subscription and Veracity of Documents.

 

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

 

          (b)  License applications shall be signed only by the applicant.

 

          (c)  The signature on a document filed with the board shall constitute a certification that:

 

(1)  The signor has read the document;

 

(2)  The signor is authorized to file it;

 

(3)  To the best of the signor'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.

 

          (d)  A violation of the representations of (c), above, shall to the extent consistent with justice and the statutes administered by the board, be grounds for entering an order adverse to the party committing the violation.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 204.03  Service of Documents.

 

          (a)  Complaints against licensees shall be filed with the board without service upon the licensee against whom the allegations are made.

 

          (b)  Applications, petitions for rulemaking and petitions for declaratory rulings shall be filed with the board without service upon other persons.  Provided, however, that when the relief sought by a petition for rulemaking or a petition for declaratory ruling would clearly and directly affect the interests of a person or group of persons, the board shall, by order, require service upon the affected person or persons.

 

          (c)  All objections, motions, replies, exhibits, memoranda, or other documents filed in connection with a request for board action shall be served by the proponent upon all interested parties by:

 

(1)  Depositing a copy of the document in the United States mail, 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;

 

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

 

(3)  Such other means as the board shall order.

 

          (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 to the proceeding by either:

 

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

 

(2)  Delivering a copy of the document in hand to the party.

 

          (e)  When a party has appeared by a representative, service shall be upon the representative.  Provided, however, that the board may order additional service upon a finding that such service would facilitate the fair and efficient conduct of the proceeding.

 

          (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 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.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

PART Med 205  PLEADINGS

 

          Med 205.01  Petitions.

 

          (a)  The only pleadings permitted shall be petitions and replies to petitions.  Complaints against licensees are a particular type of petition and shall be subject to the additional requirements of Med 205.02.  Application for license shall not be considered petitions.

 

          (b)  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 which warrant the relief requested from the board;

 

(4)  The description of the action which the petitioner wishes the board to take;

 

(5)  A citation to any statutes, rules, orders, or other authority which entitles the petitioner to have the board act as requested; and

 

(6)  The signature and date required by Med 204.02(a).

 

          (c)  All replies to petitions shall contain:

 

(1)  The name and address of the respondent;

 

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

 

(3)  A statement admitting or denying each fact alleged in the petition pursuant to Med 205.01(b)(3);

 

(4)  A statement admitting or denying the authority identified by the petitioner pursuant to Med 205.01(b)(5);

 

(5)  A concise statement of any additional or different facts which warrant the board acting in the manner requested by the respondent;

 

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

 

(7)  The action which the respondent wishes the board to take; and

 

(8)  The signature and date required by Med 204.02(a).

 

          (d)  Replies shall be filed within 10 days from the date of the petition unless otherwise ordered by the board pursuant to a request that due process requires a longer period.

 

          (e)  Any fact contained in the petition which is not denied in the reply, shall be deemed admitted by the respondent.  A statement that the respondent lacks sufficient knowledge to admit or deny shall be treated as a denial.  The petitioner shall be presumed to deny all allegations in the objection, and no response shall be permitted to the reply.

 

          (f)  In the case of a petition by a licensee for removal of a letter of concern from his or her file, the board shall not consider removal of letter unless presented with clear and convincing evidence that counters the board’s basis for issuing the letter of concern.  Such evidence shall be included with the licensee’s petition.  If petition is denied, a copy of the petition shall remain in his or her file.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200)

 

          Med 205.02  Complaints of Licensee Misconduct.

 

          (a)  Complaints alleging misconduct by licensees in violation of RSA 329:17, II or Med 500 shall be in writing and filed at the board's offices in Concord, New Hampshire.

 

          (b)  A complaint shall contain the following:

 

(1)  The name and address of the complainant;

 

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

 

(3) The specific facts and circumstances which are believed to constitute professional misconduct; and

 

(4)  The signature and date required by Med 204.02(a).

 

          (c)  A complaint shall be treated as a request for the initiation of disciplinary proceedings by the board.  Complaints shall be exempt from public disclosure provisions in accordance with RSA 329:18, I.  However, should the board find that a threat to public health, safety or welfare exists, the board may seek an emergency suspension of license pursuant to Med 409 and shall notify the licensee’s employer, administrator or hospital chief where the licensee holds hospital privileges.

 

Source.  #4970, eff 11-8-90; ss by #5223, eff 9-12-91; ss by #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200)

 

          Med 205.03  Investigations.

 

          (a)  Upon receipt of a complaint, the board’s investigator shall review the complaint as follows:

 

(1)  If the complaint does not comply with Med 205.02(b), is facially invalid or fails to allege misconduct, it shall be forwarded to the board for a decision; and

 

(2)  If the complaint is in compliance with Med 205.02(b) and makes an allegation of misconduct:

 

a.  The board investigator shall forward the complaint to any licensee who is identified in the complaint to request a response and any other data that is necessary based on the initial review of the complaint;

 

b.  The licensee(s) shall respond to the request for information within 30 days of receipt of the request, unless an extension is granted for good cause;

 

c.  The board investigator shall obtain any necessary records;

 

d.  If deemed necessary by the MRSC, investigations in which there is a contemporaneous criminal investigation, imminent danger to patient safety, or concern about the destruction of evidence, shall be conducted on an ex parte basis; and

 

e.  Should the MRSC be unable to gather information during the course of an informal investigation, a motion may be made to the board to authorize a formal investigation.  The motion shall avoid disclosure of any facts other than those necessary to explain the inability of the MRSC to gather the needed information.

 

          (b)  Upon receipt of the licensee’s response, the board investigator shall forward the complaint and response to the MRSC.  The physician investigator in consultation with the chair of the MRSC shall assign the case to a member of the MRSC for review and further investigation.  If no member of the MRSC is able to review the complaint, the MRSC shall appoint another qualified person to conduct an investigation.  The MRSC shall make inquiry of any person and otherwise gather data in order to fully investigate the possible violation of any board rule or statute.  The type, form and extent of an investigation shall be determined by the need to examine acts of possible misconduct.

 

          (c)  The MRSC shall conduct regular meetings to address the investigation of complaints.  In December of each year, the MRSC shall elect one of its members to chair the MRSC meetings for the coming year.

 

Source.  #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200); ss by #10125-A, eff 5-9-12

 

          Med 205.04  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 of the motion;

 

(2)  The relief sought by the motion;

 

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

 

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

 

(5)  The signature and date required in Med 204.01(a).

 

          (c)  Objections to motions shall state clearly and concisely:

 

(1)  The defense of the party filing the objections;

 

(2)  The action which the party filing the objection wishes the board to take on the motion;

 

(3)  The statutes, rules, orders, or other authority relied upon in defense of the motion;

 

(4)  Any facts which are additional to or different from the facts states in the motion; and

 

(5)  The signature and date required by Med 204.01(a).

 

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

 

          (e)  Unless otherwise ordered by the board, motions shall be decided upon the writings submitted.  Repetitious motions shall not be submitted.

 

          (f)  Unless otherwise ordered by the board, objections to motions shall be filed within 10 days after the filing of the motion.  Failure to object to a motion within the time allowed shall constitute a waiver of objection to the motion.

 

Source.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07; renumbered by #9900 (from Med 205.03) (see Revision Note at chapter heading for Med 200)

 

PART Med 206  ADJUDICATORY PROCEEDINGS

 

          Med 206.01  Applicability.  This part shall govern all proceedings conducted by the board except rulemaking and investigations.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200)

 

          Med 206.02  Commencement.

 

          (a)  The board shall commence an adjudicatory proceeding by issuing a notice of hearing to the respondent, respondent’s counsel if an appearance has been filed, hearing counsel, the board’s counsel at the Department of Justice, and, in the case where a complaint was received in compliance with Med 205.02(b), to the complainant at least 15 days before the first scheduled hearing date or first prehearing conference.

 

          (b)  The adjudicatory proceeding shall be heard by the board or a panel of the board with a minimum of 3 members appointed by the board president.  The panel for a hearing on a physician licensee shall consist of a minimum of 2 physicians and one public member.  The panel for a hearing on a physician assistant licensee shall consist of a minimum of one physician, one public member, and, if possible, one physician assistant.

 

          (c)  The notice commencing an adjudicatory proceeding shall:

 

(1)  Identify the parties to the proceeding as of the date of the order and specify a deadline for the submission of petitions to intervene;

 

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

 

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

 

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

 

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

 

(6)  Identify the presiding officer for the proceeding, if other than the president of the board;

 

(7)  Identify any special procedures to be followed;

 

(8)  Identify any confidentiality requirements applicable to the proceeding;

 

(9)  Include a statement that each party has the right to have an attorney present to represent the party at the party’s expense;

 

(10)  Include a statement that each party has the right to have the agency provide a certified shorthand court reporter at the party’s expense and that any such request be submitted in writing at least 10 days prior to the proceeding; and

 

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

 

Source.  #4970, eff 11-8-90; amd by #5838, eff 6-17-94; ss by #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200)

 

          Med 206.03  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 and the board's legal counsel in the civil bureau, department of justice.  The hearing notice shall be served upon the respondent, and the complainant, if any, 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 any 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 otherwise provided for by law.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.04  Intervention.

 

          (a)  Petitions for intervention shall state with particularity:

 

(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 a substantial interest in the proceeding and has been diligent with respect to requesting intervention, and if the petitioner's participation will not prejudice a party or unduly delay the proceeding.

 

          (c)  Petitions for intervention shall be granted subject to appropriate conditions or limitations which shall be subject to modification by the board at any time during the proceeding.

 

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

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.05  Right to Counsel.  Any party in an adjudicatory proceeding may be represented by counsel, but an attorney appearing on behalf of a party shall first file a letter announcing the fact of representation at the earliest date practical.  Parties shall retain counsel at their own expense and requests for appointment of counsel shall not be entertained.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.06  Prehearing and Other Informal Conferences.

 

          (a)  At any time following the commencement of an adjudicatory proceeding, the presiding officer, upon motion, or upon his or her own initiative, direct all interested parties to attend one or more prehearing conference to aid in the disposition of the proceeding.

 

          (b)  Matters which can be addressed at a prehearing conference shall include:

 

(1)  Opportunities and procedures for settlement;

 

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

 

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

 

(4)  Possible limitations on the number of witnesses;

 

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

 

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

 

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

 

(8)  Any other matters which might contribute to the prompt, fair and orderly conduct of the proceeding.

 

          (c)  The board shall cause prehearing conferences to be recorded unless all parties wish to discuss possible settlement off the record. Matters decided at a prehearing conference shall be reflected in an appropriate order.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.07  Discovery and Disclosure.

 

          (a)  Upon the written request of a party, the board shall disclose to the parties to a proceeding, any information, not privileged, in the possession of the board, which is related to the subject matter of the proceeding.  Privileged information shall be disclosed when required by RSA 329:18, I.  Neither the board nor any officer or employee thereof, shall be subject to further discovery.

 

          (b)  Any party wishing discovery against another party, shall, by motion, seek leave to do so and shall identify the exact type of discovery requested.

 

          (c)  Discovery shall be permitted when it appears that:

 

(1)  The parties cannot adequately address the factual issues at the time fixed for the presentation of evidence without an opportunity to acquire data pursuant to discovery;

 

(2)  The requested method of discovery is reasonable and will not cause material unfairness or unreasonable expenses to any party; and

 

(3)  The requested discovery will not unreasonably delay the proceeding.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.08  Subpoenas.

 

          (a)  Subpoenas for the attendance of witnesses or the production of evidence in board investigations or adjudicatory proceedings shall be issued by the MRSC, the board investigator, or upon the order of the board.  In adjudicatory proceedings, a party requesting the board, the MRSC, or the board investigator to authorize a subpoena shall attach a copy of the proposed subpoena to its motion.  If the motion is granted, the requesting party shall be responsible for the service of the subpoena and payment of any applicable witness fee and mileage expenses.

 

          (b)  The person to whom the subpoena is directed may, within 7 days after service of the subpoena, or before the date specified in the subpoena for compliance therewith, whichever is later, file a motion to quash or modify the subpoena.  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, or any modification thereof, within the balance of time prescribed in the subpoena or within 3 days from the date of the board's order, whichever is greater, unless the board expressly provides additional time to comply as due process requires.

 

          (c)  A subpoena shall be served in any manner authorized by law.  The date, time, and method of service shall be written on the reverse of the original copy of the subpoena by the person making service who shall then file that copy with the board.

 

          (d)  Should any person fail to comply with a subpoena issued pursuant to this section, the board shall take one or more of the following actions:

 

(1)  Impose sanctions specific to any pending proceeding or investigation, including, but not limited to, entry of a default judgment as to some or all of the pending issues which is adverse to the noncompliant party;

 

(2)  Institute a separate investigation against any noncompliant individual who is subject to the board's jurisdiction; or

 

(3)  Direct an interested party to seek judicial enforcement of some or all of the subpoena.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 200)

 

          Med 206.09  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 which will reasonably assist the board to arrive at the truth shall be admissible, but data which is irrelevant or immaterial; unduly repetitious or cumulative; or needlessly insulting or scandalous shall be excluded.

 

          (c)  The board shall permit that some or all of the evidence be submitted in written form, but oral testimony shall be required when necessary to allow appropriate cross examination, to avoid material prejudice or to permit full and fair disclosure of disputed material facts.

 

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

 

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

 

          (f)  The board shall cause an audio tape or stenographic record to be made of hearings and prehearing conferences.  This record shall be transcribed upon the request of a party who pays the estimated cost of transcription in advance. Provided, however, that if the board elects to transcribe some or all of the record for its own use, the transcribed portions shall be included in the public docket file.  The record of the proceeding shall be made by a certified shorthand court reporter, if requested, pursuant to RSA 541-A:31, VII-a.

 

Source.  #4970, eff 11-8-90, amd by #5223, eff 9-12-91; ss by #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.10  Burden 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 paragraph (a), above, all moving parties and all petitioners shall have the burden of persuading the board that their motion or petition should be granted.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.11  Methods of Proceeding.

 

          (a)  Where facts material to the subject matter of the proceeding are in dispute, and personal observation of witnesses or the immediate opportunity for cross-examination of witnesses is necessary or desirable, the proceeding shall, to that extent, consist of a trial-type evidentiary hearing with the subsequent submission of memoranda;

 

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

 

          (c)  Where no facts material to the subject matter of the proceeding are in dispute, the proceeding shall to that extent be limited to the submission of memoranda wherein are argued the conclusions the parties wish the board to draw from said facts.

 

          (d)  Oral argument other than a brief opening and a closing statement shall be permitted only when requested in a written motion which demonstrates a substantial need for such a procedure.  Written argument in the form of legal briefs or memorandum shall be permitted subject to such filing schedules established by the board.

 

          (e)  The foregoing paragraphs shall not limit the board's authority to structure a proceeding in a manner suitable to its subject matter and recognized due process requirements, or to require the submission of additional data at any time.

 

          (f)  As applicable, an order scheduling a supplemental hearing shall be issued by the presiding officer or board at any time prior to the issuance of a final order in the proceeding.

 

Source.  #4970, eff 11-8-90; amd by #5223, eff 9-12-91; amd by #5402, eff 5-22-92; ss by #6517, eff 5-30-97, EXPIRED:
5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.12  Inquiry By Presiding Officer.  The presiding officer, and board members or board advisors recognized by the presiding officer, shall question witnesses and make such inquiry of witnesses, parties or counsel, as he or she believes necessary to develop a sound record for decision.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.13  Proposed Findings of Fact and Conclusions of Law.

 

          (a)  Any party may request leave to submit proposed findings of fact and conclusions of law, but the submission of such findings shall be reserved to the presiding officer's discretion.

 

          (b)  The presiding officer shall direct any party to submit proposed findings of fact and conclusions of law if the presiding officer believes proposed findings or conclusions would be helpful in deciding the case.  If such an order is issued, the board shall include individual rulings upon such proposed findings or conclusions as part of its final decision.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.14  Exparte Communications.  Once a notice of hearing has been issued commencing an adjudicatory proceeding, no party shall communicate with any participating board member, the presiding officer, or any advisor to these persons, concerning the merits of the case except upon notice to all parties and in accordance with the rules of this chapter.  Nor shall any party cause another person to make such communications or otherwise engage in conduct prohibited by RSA 541-A:36.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED:12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 206.15  Disciplinary Hearings.

 

          (a)  The board, or the presiding officer, shall also set forth the particular scheduling and filing requirements applicable to each case and include them in a hearing order, prehearing order, or other appropriate order served upon the parties.

 

          (b)  Misconduct allegations set forth in a hearing notice may be amended at any time prior to the issuance of a final order.  Provided, however, the parties shall receive at least 15 days notice and an opportunity to be heard on any amended issues.

 

          (c)  If ordered to do so by the presiding officer or board, the licensee shall respond in writing to stated misconduct allegations by admitting or denying each allegation within a reasonable time period specified by the board.  Failure to respond shall result in an order of default, including disciplinary sanctions, against the licensee, unless the licensee can show that the failure to respond was due to reasons beyond their control, such as accident, illness or death of an immediate family member.

 

          (d)  The board shall, when necessary, at any time during the course of a disciplinary hearing, appoint an attorney to investigate and prosecute misconduct allegations in furtherance of the public protection features of RSA 329.  The decision to appoint an attorney to investigate and prosecute misconduct allegations to the discretion of the board and shall not be the subject of a motion by any party.

 

          (e)  Notices of hearing and other procedural orders of the board in disciplinary proceedings shall be public documents, and prehearing conferences in disciplinary proceedings shall be open to the public except to the extent that settlement discussions or other matters entitled to confidentiality are addressed.

 

Source.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

PART Med 207  PRESIDING OFFICER

 

          Med 207.01  Designation.

 

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

 

          (b)  The board president shall serve as presiding officer or shall designate another qualified person to so serve.

 

          (c)  The board may, at any time, and without notice or hearing, replace the presiding officer.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 207.02  Authority of Presiding Officer.

 

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

 

          (b)  Except as provided by Med 207.04, the presiding officer shall receive no testimony  or oral argument on the merits of the case unless a majority of the board members eligible to participate in the proceeding, including the presiding officer, are present.  Board members need not be present during prehearing conferences or arguments on procedural or discovery motions.

 

          (c)  Except in proceedings conducted pursuant to Med 207.04, the presiding officer shall be consistent with the fair and orderly conduct of the proceeding, permit board members who are present during any stage of an adjudicatory proceeding to make reasonable inquiries of the parties and the witnesses.

 

          (d)  The presiding officer shall not accept final offers of settlement or impose consent decrees, but may 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 on the settlement proposal.

 

          (e)  The presiding officer shall not decide motions or enter orders which finally resolve the proceeding or stay the proceeding for more than 60 days.  Potentially dispositive motions may be referred to the board immediately or deferred until the close of the record, in the sole discretion of the presiding officer.

 

          (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.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 207.03  Exceptions to Interlocutory 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.  Contemporaneous exceptions to such rulings shall be unnecessary to preserve the objections of any party adversely affected.

 

          (b)  The parties may include objections to an adverse ruling of a presiding officer in any exceptions they may take to a proposed decision under Med 207.04.  When a proposed decision is not issued, such objections shall be presented to the board as a motion or as part of a closing memorandum submitted within 10 days from the close of the hearing or such further period as the presiding officer may allow.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 207.04  Proposed Decisions By Presiding Officer.

 

          (a)  The board may direct that evidence be received solely by a presiding officer who shall be charged with preparing a written decision with recommendations for the final disposition of the case and any pending motions.  Such decision shall be known as proposed decision, and shall be served upon the parties and the board.

 

          (b)  The parties may file exceptions and supporting memoranda of law for review by the board within 30 days from the date the proposed decision was served.  Replies to exceptions and reply memoranda may be filed within 15 days from the date of the document being replied to.

 

          (c)  If a party wishes to present oral argument to the board it shall file a separate motion for oral argument within the time allowed for filing exceptions or replies to exceptions.

 

          (d)  If no exceptions are filed to a proposed decision, the board may, within 10 days following the deadline for filing exceptions, issue an order announcing that the proposed decision shall be reviewed by the board on its own motion.  If no exceptions are filed and the board does not take such action, the proposed decision shall automatically become the final decision of the board on the 41st day following the date it was served upon the parties.

 

          (e)  When the board has directed a presiding officer to receive evidence and enter a proposed decision, there shall be no communications between the presiding officer and the board members concerning the merits of the case, and the board members shall not participate in the questioning of witnesses at the hearing, as would otherwise be permitted by Med 206.12.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

PART Med 208  RECONSIDERATION AND STAY

 

          Med 208.01  Motion for Reconsideration or Rehearing.

 

          (a)  An adjudicatory order of the board, or, an order denying a petition for declaratory ruling or rulemaking, shall not be final until the date it is served upon the parties pursuant to Med 204.03(d).

 

          (b)  Within 30 days after service of a final adjudicatory order, any party may file a motion for reconsideration which, if the action is subject to judicial review under RSA 541, shall serve as a petition for rehearing under that statute.  No distinction shall be made between the terms "reconsideration" and "rehearing."

 

          (c)  A motion for reconsideration of a proposed board rule shall be filed within 30 days after the filing of a final proposal under RSA 541-A:12.  Motions for reconsideration shall not be accepted for orders adopting emergency or interim rules filed under RSA 541-A:18 or RSA 541-A:19, or for final rules modified in response to legislative committee objections pursuant to RSA 541-A:13, V(b).

 

          (d)  A motion for reconsideration shall:

 

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

 

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

 

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

 

          (e)  The board shall grant or deny the motion, or any part thereof, on its merits, to the extent the motion has revealed errors of law, fact or policy in the board's prior decision.  The board shall also treat the motion as one for reopening and order the receipt of such additional data or additional argument when necessary to consider newly discovered evidence or cure alleged procedural errors.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07; amd by #9900, eff 4-12-11

 

          Med 208.02  Reconsideration on the Board's Own Motion.

 

          (a)  Within the time frame specified in Med 208.01(b), the board may reconsider, revise or reverse any final action on its own motion.  If such action is based upon the existing record, prior notice shall not be given to the parties.

 

          (b)  If the board believes further argument or data should be considered, an appropriate order providing the parties with notice and an opportunity to be heard shall be issued before any revision is made in the board's previous action.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 208.03  Stay of Board Orders.

 

          (a)  A stay of board action shall be specifically requested.  The mere filing of a motion for reconsideration shall not operate as a stay of any order, but a motion for stay may be combined with a motion for reconsideration.

 

          (b)  A motion for stay shall be considered only if it is filed within the time period for requesting reconsideration specified by Med 208.01(a), and shall demonstrate good cause sufficient to warrant the stay of an action by the New Hampshire superior court.

 

          (c)  The board, acting on its own motion, may stay the effect of any final order within the time period specified in subparagraph (b), above, with or without issuing a corresponding order to reconsider or reopen the proceeding.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

PART Med 209  CONSOLIDATION AND SEVERANCE

 

          Med 209.01  Consolidation.  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.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

          Med 209.02  Severance.  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, accuracy and efficiency permit, sever one or more issues from a proceeding, and dispose of those issues in another proceeding.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07

 

PART Med 210  RULEMAKING

 

          Med 210.01  How Adopted.  A board rule, or any amendment or repeal thereof, shall be adopted by order after notice and opportunity for a legislative-type hearing as provided by RSA 541-A11.  Rules shall be proposed by petition or by the board acting on its own motion.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07; renumbered by #9900 (from Med 211.01) (see Revision Note at chapter heading for Med 200)

 

          Med 210.02  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 petition which contains:

 

(1)  A statement of the petitioner's interest in the subject matter of the proposed rule;

 

(2)  The text of the proposed rule or a statement of the particular results intended by the petitioner to flow from the implementation of the proposed rule;

 

(3)  If the petitioner proposes to amend or repeal an existing rule, an identification of the particular rule sought to be amended or repealed; and

 

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

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07; renumbered by #9900 (from Med 211.02) (see Revision Note at chapter heading for Med 200)

 

          Med 210.03  Disposition of Petition.

 

          (a)  The board shall, by order, grant or deny a petition for rulemaking.  Before issuing that order, however, the board may require additional data or argument from the petitioner or other interested persons.

 

          (b)  The board shall grant the petition for rulemaking unless the adoption, amendment or repeal sought would 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 one administrative rule with another; or

 

(5)  Negatively impacting the board’s ability to carry out the mandates of RSA 329.

 

          (c)  If the petition is denied, the board shall state the reason therefore in the order.  If the petition is granted, the board shall undertake to commence a rulemaking proceeding in accordance with RSA 541-A:3.

 

          (d)  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.

 

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

 

Source.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07; renumbered by #9900 (from Med 211.03) (see Revision Note at chapter heading for Med 200)

 

          Med 210.04  Commencement of Rulemaking Proceeding.  The board shall commence a rulemaking proceeding by following the procedures set forth in RSA 541-A: 3 et seq.

 

Source.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07; renumbered by #9900 (from Med 211.04) (see Revision Note at chapter heading for Med 200)

 

PART Med 211  WAIVER OF SUBSTANTIVE RULES

 

          Med 211.01  Petitions for Waiver.

 

          (a)  Any interested person may request the board to waive any rule not covered by Med 201.04 by filing an original and two copies of a petition pursuant to Med 205.01(b) which clearly identifies the rule in question and sets forth specific facts and arguments which support the requested waiver.  No statutory requirements shall be waived.

 

          (b)  Petitions for waivers of substantive rules shall address whether:

 

(1)  Adherence to the rule would cause the petitioner hardship;

 

(2)  The requested waiver is necessary because of any neglect or misfeasance on the part of the petitioner;

 

(3)  Waiver of the rule would be consistent with the statues and regulatory programs administered by the board;

 

(4)  Waiver of the rule would injure third persons; and

 

          (c)  If examination of the petition reveals that the proposed relief might substantially affect other persons, the board shall require service of the petition on such persons and advise them that they may file a reply to the petition pursuant to Med 205.01(c).

 

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

 

          (e)  A petition for waiver of a rule which does not allege material facts, which, if true, would be sufficient to support the requested waiver, shall be denied without prior notice or further hearing.

 

          (f)  The board shall initiate a waiver or suspension of a substantive rule upon its own motion by providing affected parties with notice and an opportunity to be heard, and issuing an order which finds that waiver would be consistent with the criteria of (b), above.

 

          (g)  For the purposes of this section, good cause shall be deemed to exist if, at a minimum, the petitioner has demonstrated that:

 

(1)  Adherence to the rule would cause the petitioner hardship;

 

(2)  Waiver or suspension of the rule would be consistent with the statutes and regulatory programs administered by the department;

 

(3)  Waiver or suspension of the rule would not injure third persons; and

 

(4)  Waiver or suspension is necessary due to factors outside the control of the petitioner.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-B, eff 7-18-07; renumbered by #9900 (from Med 212.01) (see Revision Note at chapter heading for Med 200)

 

PART Med 212  DECLARATORY RULINGS

 

          Med 212.01  Petitions for Declaratory Rulings.

 

          (a)  Any interested person may request a declaratory ruling from the board on matters within its jurisdiction by filing an original and 10 copies of a petition pursuant to Med 205.01(b).

 

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

 

(1)  The exact ruling being requested;

 

(2)  The statutory and factual basis for the ruling;

 

(3)  A statement as to how and why the issuance of a ruling on this subject would benefit the petitioner, other interested persons, and the public at large, and

 

(4)  The identity, including mailing addresses when reasonably available, of specific persons whose interests would be affected by the issuance or nonissuance of the ruling in question.

 

Source.  #5785, eff 2-4-94; ss by #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07; renumbered by #9900 (from Med 213.01) (see Revision Note at chapter heading for Med 200)

 

          Med 212.02  Action on Petitions for Declaratory Rulings.

 

          (a)  If examination of a petition for declaratory ruling reveals that other persons would be substantially affected by the proposed ruling, the board shall require service of the petition on such persons and advise them that they may file a reply pursuant to Med 205.01(b).

 

          (b)  The petitioner and any persons served with notice of the petition shall provide such further information or participate in such evidentiary or other proceedings as the board may direct after reviewing the petition and any replies received.

 

          (c)  The board shall have no obligation to issue a declaratory ruling in response to a particular petition.

 

          (d)  Petitions shall be denied when:

 

(1)  The ruling would inappropriately impact upon pending administrative, judicial or legislative proceedings; or

 

(2)  Other procedural options are available to the interested parties or the board.

 

Source.  #5785, eff 2-4-94; ss by #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8944-A, eff 7-18-07; renumbered by #9900 (from Med 213.02) (see Revision Note at chapter heading for Med 200)

 


CHAPTER Med 300  LICENSURE REQUIREMENTS

 

REVISION NOTE:

 

            Document #9900, effective 4-12-11, adopted, amended, readopted with amendments, or repealed many rules in Chapters Med 100 through Med 600.  In Chapter Med 300, Document #9900 readopted with amendments Med 301.01 through Med 301.03, and Parts Med 302, 303, and 306.  Document #9900 also adopted Med 305.03 on administrative licenses, and readopted with amendments and renumbered Med 305.03 as Med 305.04.  The source note for Med 305.04 indicates the former rule number Med 305.03, and the document numbers and effective dates apply to the rule under the former number.

 

PART Med 301  APPLICATION REQUIREMENTS

 

          Med 301.01  Definitions.

 

          (a)  “Administrative license” means a license to engage in professional, managerial, or administrative activities related to the practice of medicine or to the delivery of health care services, but does not include the practice of clinical medicine.

 

          (b)  "Applicant" means a physician on whose behalf an application has been filed.

 

          (c) "Board certified" means a physician who is currently certified by a medical specialty board recognized by the American Board of Medical Specialties (ABMS) or by the American Osteopathic Association (AOA).

 

          (d)  "Clearance" means a document received directly from a state licensing authority which verifies whether or not a person has ever been granted a license by that state, the dates during which that license was valid and whether the licensing authority has ever taken disciplinary action against that license.

 

          (e)  Clinical medicine” means medical practice that includes but is not limited to:

 

(1)  Direct involvement in patient evaluation, diagnosis, and treatment;

 

(2)  Prescribing any medication;

 

(3)  Delegating medical acts or prescription authority;

 

(4)  The supervision of physicians, physician assistants, or registered nurses in the practice of clinical medicine; or

 

(5)  Direct involvement in medical decisions impacting population health.

 

          (f)  "Courtesy license" means a license, issued pursuant to RSA 329:14, VII, which shall not exceed 100 calendar days and is restricted to specific dates and location(s) as indicated on the license.  The term includes “locum tenens license.”

 

          (g)  "Federation Credentials Verification Service (FCVS)" means the service provided by the Federation of State Medical Boards which verifies and maintains a permanent collection of original source documentation of physician educational, examination and identification documents.

 

          (h)  "Special license" means a license, issued pursuant to RSA 329:14, VI which is restricted to specific dates and location(s) as indicated on the license, in  the following categories::

 

(1)  Camp license” as described in Med 305.02(a); and

 

(2)  Visiting professor license” as described in Med 305.02(b).

 

          (i)  Special training license” means a license, issued pursuant to RSA 329:14, V which is restricted to specific dates and location(s) as indicated on the license.  The term includes “resident training license.”.

 

          (j)  Temporary license” means an unrestricted license valid for only 6 months pending the applicant’s receipt of an unrestricted permanent license.

 

          (k)  “Unrestricted permanent license” means a license granted pursuant to RSA 329:14, III that expires biennially on June 30.

 

Source.  #4970, eff 11-8-90; ss by #5908, eff 10-7-94; ss by #6576, eff 9-15-97; amd by #8068, eff 4-10-04; ss by #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 

          Med 301.02  Application Process.

 

          (a)  Persons wishing to practice medicine in New Hampshire shall submit both the  Federation of State Medical Boards’ Uniform Application, available on the board’s website, and a “State Addendum,” revised 11/2019, which contains the information specified in Med 301.03, and the application fee specified in Table 3.6.1. in Med 306.01.

 

          (b)  An application which is not signed by the applicant shall not be accepted and shall be returned to the applicant.

 

          (c)  The board shall acknowledge receipt of an application within 60 days and shall notify the applicant of any deficiencies in the application, including the absence of the application fee, or any further information needed to clarify the applicant's qualifications.  Failure to remedy the deficiencies within 52 weeks of the board’s initial receipt of the application shall result in dismissal of the application.

 

          (d)  Applications shall be granted by the board pursuant to the requirements set forth in RSA 329:14, II.

 

          (e)  If the application is denied, the applicant shall be provided an opportunity to request a hearing for reconsideration pursuant to Med 208 on the deficiency issues identified by the board.  Any such request shall be received by the board within 30 days.

Source.  #4970, eff 11-8-90; ss by #5908, eff 10-7-94; ss by #6576, eff 9-15-97, EXPIRED: 9-15-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 

          Med 301.03  Application for an Unrestricted Permanent License.

 

          (a)  Applicants for an unrestricted permanent license shall provide, or cause to be provided, the following on a form supplied by the board:

 

(1)  The applicant's name, including any names previously used;

 

(2)  The applicant's residence and business addresses and telephone numbers, business e-mail address and business fax number;

 

(3)  The applicant's date of birth, place of birth and social security number required pursuant to 45 CFR Part 60.8 and RSA 161-B:11, VI-a.  The applicant shall furnish his or her social security number on the line provided below the following preprinted statement:

 

"The board will deny licensure if you refuse to submit your social security number (SSN).  Your professional license will not display your SSN.  Your SSN will not be made available to the public.  The board is required to obtain your social security number for the purpose of child support enforcement and in compliance with RSA 161-B:11.  This collection of your social security number is mandatory."

 

(4)  The applicant's educational history including the names of all institutions attended, the dates of attendance and the degree awarded;

 

(5)  A certification of medical education received directly from and verified by FCVS;

 

(6)  If the applicant graduated from a medical school outside the United States or Canada:

 

a.  Certified copies of an official transcript of grades and proof of graduation with certified English translation received directly from and verified by FCVS; and

 

b.  Verification received directly from FCVS that the applicant holds a current certification from the Educational Commission of Foreign Medical Graduates (ECFMG);

 

(7)  A listing of all institutions in which the applicant has pursued post graduate training and a written verification received directly from FCVS that the applicant has completed at least 2 years of training which meet the requirements of Med 302.01;

 

(8)  Verification received directly from FCVS that the applicant has passed one of the licensure examinations listed under Med 303.01;

 

(9)  A listing of every state in which the applicant holds or has ever held a license and clearances of those licenses received directly from the licensure authority;

 

(10)  Disclosure of whether the applicant is board certified and if so, a certified copy of that certification;

 

(11)  Disclosure of whether the applicant has ever lost or been denied board certification and if so, an explanation for the circumstances;

 

(12)  Disclosure of whether the applicant has ever been subject to a claim for malpractice and if so, the circumstances of that claim;

 

(13)  Disclosure of whether the applicant has ever taken an examination or applied for licensure under a different name;

 

(14)  Disclosure of whether the applicant has ever failed any medical licensing examination or been denied the privilege of finishing or been accused of cheating or improper conduct during any required examination, and, if so, the circumstances involved;

 

(15)  Disclosure of whether the applicant has ever been denied a medical license and, if so, the circumstances of that denial;

 

(16)  Disclosure of whether the applicant has ever had hospital privileges, employment, or appointment at any health care institution denied, limited, suspended, or revoked or whether the applicant has ever resigned in lieu of such actions and if so, the circumstances involved;

 

(17)  Disclosure of whether the applicant is currently under investigation or whether any disciplinary action has been taken against the applicant during the past 10 years by any governmental authority, hospital, or health care facility or by any professional medical association, and, if so, the circumstances involved;

 

(18)  Disclosure of whether the applicant has ever voluntarily surrendered a license to practice medicine in lieu of facing disciplinary action or ever withdrawn an application for licensure, hospital privileges or appointment for any reason and if so the circumstances involved;

 

(19)  Disclosure of whether the applicant has ever been a defendant in a criminal proceeding and the circumstances of that criminal proceeding;

 

(20)  Disclosure of whether the applicant has ever lost the privilege to possess, dispense, or prescribe controlled substances or been investigated by any state or federal drug enforcement agencies;

 

(21)  Disclosure of whether the applicant is currently suffering from any condition, mental or physical, that impairs the applicant’s judgment or that would otherwise adversely affect his or her ability to practice medicine in a competent, ethical, and professional manner;

 

(22)  Disclosure of whether the applicant is currently or has in the past been monitored or treated by a private, state, medical society or hospital physician health program, other than through the NH board approved physician health program;

 

(23)  Disclosure of whether the applicant has not been actively engaged in the practice of clinical medicine within the past 12 months;

 

(24)  A certified copy of the applicant's birth certificate or passport received directly from FCVS;

 

(25)  A listing of all professional activities pursued including the dates of such activities since the applicant graduated from medical school;

 

(26)  Original letters of reference, on letterhead and addressed to the board, from:

 

a.  The chief medical officer or president of the medical staff in every hospital in which the applicant currently holds staff privileges; or

 

b.  Letters of reference from 2 practicing physicians;

 

(27)  A recent, full face, 2 x 3 inch photograph of the applicant;

 

(28)  The applicant's notarized signature attesting to the accuracy of the information provided; and

 

(29)  If applicable, a copy of the applicant's current Drug Enforcement Administration (DEA) certificate.

 

          (b)  Applicants shall include the application fee required in Table 3.6.1 in Med 306.01.

 

          (c)  A temporary license, valid for only 6 months, shall be issued pursuant to RSA 329:14, III only to applicants for a full New Hampshire license who have met the requirements of Med 301.03(a) and (b) above, excluding Med 301.03(a)(5), Med 301.03(a)(6), Med 301.03(a)(7), Med 301.03(a)(8) and Med 301.03(a)(24).  Applicants shall not begin to practice until such time as they receive a temporary license.

 

            (d)  Applicants for temporary license shall also provide, or cause to be provided, the following:

 

(1)  Evidence of qualifications as follows:

 

a.  Proof of a full, unrestricted medical license in another state received directly from the state licensing authority indicating that the applicant’s license covers the dates in which he or she is practicing in New Hampshire; or

 

b.  Certified copies of a medical degree diploma, proof of 2 years of postgraduate training which meet the requirements of Med 302.01, and proof that the applicant has passed one of the licensure examinations listed under Med 303.01;

 

(2)  Proof that the applicant has applied to the FCVS with full intent to complete the FCVS process; and

 

(3)  The temporary license fee specified in Table 3.6.1 in Med 306.01.

 

Source.  #4970, eff 11-8-90; ss by #5908, eff 10-7-94; ss by #6576, eff 9-15-97; amd by #7591, eff 11-14-01; amd by #8068, eff 4-10-04; amd by #8096, eff 6-5-04; amd by #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06 (paragraphs (a)(1)-(27) and (b)); ss by #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 

          Med 301.04  Late Renewal and Reinstatement of License.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6576, eff 9-15-97; amd by #7949, eff 9-6-03; amd by #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06 (paragraphs (c)-(e)); ss by #8945, eff 7-18-07, EXPIRED:
7-18-15

 

New.  #10925, INTERIM, eff 9-4-15, EXPIRES: 3-2-16; moved by #11048 (see Med 401.04)

 

PART Med 302  QUALIFICATIONS

 

          Med 302.01  Educational Requirements.

 

          (a)  Applicants who have graduated from medical schools located in the United States or Canada shall confirm that the medical school is accredited by the Liaison Committee for Medical Education (LCME).

 

          (b)  Applicants from medical schools located outside the United States or Canada shall maintain the academic standard recognized by the United Nations World Health Organization (UNWHO) and have their studies confirmed by the Educational Commission for Foreign Medical Graduates (ECFMG).

 

          (c)  Applicants shall have completed at least 2 years of postgraduate medical training, postgraduate year 1, postgraduate year 2, in a program accredited by the Accreditation Council for Graduate Medical Education (ACGME), the American Osteopathic Association (AOA), or its equivalent which shall include, at a minimum, the following:

 

(1)  Board certification in the applicant's area of specialty; or

 

(2)  Completion of 10 or more years of practice combined with proof of 2 years of post-graduate training outside the United States or Canada.

 

          (d)  Applicants who have not completed 2 years of postgraduate training in an institution accredited by ACGME or AOA shall petition the board pursuant to Med 205.01 to determine if the applicant's qualifications meet the requirements of (d) above.  Such petitions shall provide any information in addition to that specified in (d) above which the applicant wishes the board to consider in making a determination of equivalency.

 

Source.  #4970, eff 11-8-90; ss by #5908, eff 10-7-94; ss by #6576, eff 9-15-97, EXPIRED: 9-15-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 

PART Med 303  EXAMINATIONS

 

          Med 303.01  Examination Requirements.

 

          (a)  Applicants for licensure shall have passed one of the following series of examinations:

 

(1)  National Board of Medical Examiners (NBME), parts I, II and III;

 

(2)  The Federation Licensing Examination (FLEX), components 1 and 2;

 

(3)  The United States Medical Licensing Examination (USMLE), steps 1, 2, Clinical Knowledge and Clinical Skills, and 3;

 

(4)  National Board of Osteopathic Examiners (NBOE) parts I, II and III; or

 

(5)  The Medical Council of Canada Examination (LMCC).

 

          (b)  Applicants who completed one of the following combinations of examinations on or before December 31, 1999, shall be exempt from the requirements of (a) above:

 

(1)  One of each of the following:

 

a.  NBME part I, NBOE part I or USMLE step 1;

 

b.  NBME part II, NBOE part II or USMLE step 2, Clinical Knowledge, and step 2, Clinical Skills; and

 

c.  NBME part III, NBOE part III or USMLE step 3;

 

(2)  FLEX component 1 plus USMLE step 3; or

 

(3)  One of each of the following:

 

a.  NBME part I, NBOE part I or USMLE step 1;

 

b.  NBME part II, NBOE part II or USMLE step 2 (Clinical Knowledge) and step 2 (Clinical Skills); and

 

c.  FLEX Component 2.

 

          (c)  Applicants shall pass each examination section within 3 attempts.  Failure to pass that section after 3 attempts shall invalidate the entire examination.  The board shall waive this examination requirement for any applicant who is board certified.

 

          (d)  A passing grade in each of the required examinations shall be the passing score as defined by each entity that administers the examination.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6576, eff 9-15-97; amd by #8188, eff 10-12-04; amd by #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06 (paragraphs (a)(1), (4), and (5)); ss by #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #10125-B, eff 5-9-12

 

          Med 303.02  Candidates for USMLE Step 3.

 

          (a)  Examination candidates who wish to take USMLE step 3 in New Hampshire shall apply directly to the Federation of State Medical Boards (FSMB).

 

          (b)  Examination candidates shall not be eligible for licensure until they have met the requirements of Med 302 and Med 303 and filed an application for licensure pursuant to Med 301.03.

 

          (c)  Candidates for USMLE step 3 shall:

 

(1)  Have graduated from a medical school accredited by the LCME or have completed their medical education from an institution located outside the United States and have such studies confirmed by the ECFMG;

 

(2)  Have begun the first academic year of postgraduate training at an institution accredited by the ACGME, the Royal College of Physicians and Surgeons of Canada (RCPSC) or the AOA; and

 

(3)  Have passed USMLE step 1, step 2 (Clinical Knowledge) and step 2 (Clinical Skills) or one of the acceptable combinations of examinations noted in Med 303.01 (b).

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6576, eff 9-15-97; amd by #6906, eff 12-4-98; amd by #8188, eff 10-12-04; amd by #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06 (paragraphs (a) and (b)); ss by #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 

PART Med 304 - RESERVED

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96; rpld by #6576, eff 9-15-97

 

PART Med 305  SPECIAL, COURTESY, AND TRAINING LICENSES

 

          Med 305.01  Locum Tenens Licenses.

 

          (a)  Applicants who currently hold a full, unrestricted medical license in another state, and who wish to practice in New Hampshire for a limited period of time may apply for a restricted license.

 

          (b)  Locum tenens licenses shall be issued by the board subject to the following limitations:

 

(1)  No locum tenens license shall be valid for a period in excess of 100 consecutive calendar days;

 

(2)  Locum tenens licenses shall be valid for practice only at the location specified on the face of the license;

 

(3)  Only one locum tenens license shall be issued to any applicant during any 12 month period; and

 

(4)  Locum tenens licenses shall be posted at the location specified on the face of the license at all times during the period of licensure.

 

          (c)  Applicants for locum tenens licensure shall provide, or cause to be provided, the following on or attached to an “Application for Locum Tenens License,” revised 11/2019:

 

(1)  The applicant's name, gender, and residence address;

 

(2)  The address(es) and telephone number(s) of the applicant's prior 3-year practice location(s);

 

(3)  The applicant's date and place of birth;

 

(4)  The name of the institution where the applicant graduated from medical school and the date of graduation;

 

(5)  The name of the institutions where the applicant completed his or her post graduate training and the dates of that training;

 

(6)  Disclosure of whether the applicant has ever previously applied for licensure in New Hampshire and if so, the date of that application;

 

(7)  Disclosure of whether the applicant has ever been subject to disciplinary action by any licensing or certifying agency or by any hospital or health care institution and if so, the dates and circumstances of that action;

 

(8)  Disclosure of whether the applicant has had any medical malpractice suit brought against him or her or has had any claim settled on his or her behalf in the last 10 years;

 

(9)  The state in which the applicant holds current licensure and clearance of that license received directly from the state licensing authority indicating that the applicant’s license covers the dates in which he or she is practicing in New Hampshire;

 

(10)  The name and address of the New Hampshire health care facility at which the applicant will be practicing;

 

(11)  The dates during which the applicant will be practicing and verification of those dates received directly from the New Hampshire healthcare facility at which the applicant will be practicing;

 

(12)  The signature of the applicant; and

 

(13)  Original letters of reference, on letterhead and addressed to the board, from:

 

a.  The chief medical officer or president of the medical staff in every hospital in which the applicant currently holds staff privileges; or

 

b.  Letters of reference from 2 practicing physicians.

 

          (d)  Applicants shall include the application fee required in Table 3.6.1 in Med 306.01.

 

Source.  #4970, eff 11-8-90; amd by #5838, eff 6-17-94; amd by #5908, eff 10-7-94; ss by #6576, eff 9-15-97; amd by #6906, eff 12-4-98; amd by #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06 (paragraphs (a), (c), and (d)); ss by #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 

          Med 305.02  Special Camp and Visiting Professor License.

 

          (a)  Physicians wishing to practice medicine at a New Hampshire licensed camp facility shall apply for a camp license by submitting an “Application for a Special License/Camp,” revised 11/2019, which includes the information contained in (e) below.

 

          (b)  A holder of a camp license is limited to:

 

(1)  Practice only at the specified licensed camp facility;

 

(2)  Practice only on specific dates; and

 

(3)  Practice which does not include holding hospital privileges in New Hampshire.

 

          (c)  Physicians wishing to practice medicine, perform surgery, or do other procedures for the education and enlightenment of the medical community shall apply for a visiting professor license by submitting an “Application for Special License/Visiting Professor,” revised 11/2019, which includes the information contained in (e) below.

 

          (d)  A holder of a visiting professor license is limited to:

 

(1)  Practice only at a specified licensed New Hampshire hospital in an educational capacity, whether or not direct patient care is provided;

 

(2)  Practice only on specific dates; and

 

(3)  Practice for which the patient is not being charged, provided that:

 

a.  The hospital or facility may charge the patient for its services and for the services of other health professionals;

 

b.  The hospital or facility shall not charge the patient for the services rendered by the visiting professor; and

 

c.  The physician abides by the American Medical Association (AMA) Code of Ethics Rule 6.10 on billing with multiple providers.

 

          (e)  Applicants for either a camp or visiting professor license shall provide, or cause to be provided, the following on or attached to the applicable form above:

 

(1)  The applicant's name and residence address;

 

(2)  The address(es) and telephone number(s) of the applicant's practice locations for the previous 3 years;

 

(3)  The applicant's date of birth, place of birth, and social security number;

 

(4)  The name of the institution where the applicant graduated from medical school and the date of graduation;

 

(5)  The name of the institutions where the applicant completed his or her post graduate training and the dates of that training;

 

(6)  Disclosure of whether the applicant has ever previously applied for licensure in New Hampshire and if so, the date of that application;

 

(7)  Disclosure of whether the applicant has ever been subject to disciplinary action by any licensing or certifying agency or by any hospital or health care institution and if so, the dates and circumstances of that action;

 

(8)  Disclosure of whether the applicant is board certified and if so, the specialty in which that certification is held;

 

(9)  The name of the New Hampshire licensed facility at which the applicant will be practicing;

 

(10)  The dates during which the applicant will practice and verification of those dates received directly from the New Hampshire licensed facility;

 

(11)  The state in which the applicant currently holds a license and clearance of that license received directly from the state licensing authority indicating that the applicant’s license covers the dates in which he or she is practicing in New Hampshire; and

 

(12)  The signature of the applicant.

 

          (f)  Applicants shall include the application fee for special license required in Table 3.6.1. in Med 306.01.

 

Source.  #4970, eff 11-8-90; ss by #5838, eff 6-17-94; ss by #6576, eff 9-15-97, EXPIRED: 9-15-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 

          Med 305.03  Administrative License.

 

          (a)  An applicant for an administrative license shall complete the same application and meet the same requirements as an applicant for unrestricted permanent licensure.  However, the applicant for an administrative license shall not be required to show that the applicant has been engaged in the practice of clinical medicine.

 

          (b)  The holder of an administrative license shall not engage in clinical medicine.

 

          (c)  The holder of an administrative license shall pay the same fees and meet all other requirements for issuance and renewal of that license as a licensee with a unrestricted permanent license.

 

Source.  #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 

Med 305.04  Resident Training License.

 

          (a)  The board shall issue training licenses, pursuant to RSA 329:14, V, to persons pursuing post graduate training in a health facility approved for this purpose by the ACGME or the AOA.

 

          (b)  Training licenses shall only be valid for the practice of medicine when limited to:

 

(1)  Practice under the auspices of the training program and in healthcare facilities which are affiliated with that program;

 

(2)  Practice under the direct supervision of a medical officer of the training program who shall be a physician licensed in New Hampshire; and

 

(3)  Practice during the dates specified by the training license, or until such time as the licensee separates from the training program for any reason.

 

          (c)  Applicants for resident training license shall provide, or cause to be provided, the following on or attached to the “Application for Training License Resident and Graduate Fellows,” revised 11/2019:

 

(1)  Name and current residence address and telephone number of the applicant;

 

(2)  Date and place of birth;

 

(3)  Name of the medical school attended, the dates attended, and the year of graduation;

 

(4)  Name of the hospital where the applicant will be training;

 

(5)  Name of the ACGME or AOA accredited training program in which the applicant is enrolled and the signature of the director of graduate medical education certifying that the applicant is currently enrolled and that the information on the application matches that on file with the training program;

 

(6)  Beginning and ending dates of the training program in which the applicant is enrolled and the signature of the program director certifying that the applicant is approved for entry into that specific program;

 

(7)  Certified copy of the ECFMG certificate held by the applicant if the applicant graduated from a medical school outside the United States or Canada;

 

(8)  Certification received directly from the NBME that the applicant has taken and passed USMLE steps 1, step 2 (Clinical Knowledge), and 2 (Clinical Skills);

 

(9)  Disclosure of whether the applicant has ever previously resigned from a graduate medical education program or been reprimanded, sanctioned, restricted or disciplined in any way by such a program;

 

(10)  Disclosure of whether the applicant has ever held a license in any state and if so, clearance of that license received directly from the licensing authority;

 

(11)  Disclosure of whether the applicant has ever been convicted of a felony, and if so the circumstances involved;

 

(12)  Disclosure of whether the applicant has ever been dependent on alcohol or drugs and if so, a description of the treatment program pursued; and

 

(13)  The signature of the applicant.

 

            (d)  Applicants shall include the resident training license fee required in Table 3.6.1. in Med 306.01.

 

            (e)  Resident training licenses shall expire 4 years from the date of issuance.

 

            (f)  Holders of training licenses shall notify the board immediately upon separation from the residency program if training is discontinued prior to the expected termination date specified in (c)(6) above.

 

Source.  #4970, eff 11-8-90; amd by #5223, eff 9-12-91; ss by #6576, eff 9-15-97; amd by #7340, eff 8-3-00; amd by #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06 (paragraphs (a), (b), (c)(1)-(4), (c)(6)-(13)and (d)); ss by #8945, eff 7-18-07; ss and renumbered by #9900, eff 4-12-11 (from Med 305.03) (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 

PART Med 306  FEES

 

          Med 306.01  Fees.  The fees required by the board under RSA 329 shall be as set forth in table 3.6.1 below:

 

Table 3.6.1 Fees

 

Type

Fee

Temporary License

$  50

Application for Unrestricted Permanent Licensure

$300

Renewal Application for Unrestricted Permanent Licensure

$350

Application for Administrative Licensure

$300

Renewal Application for Administrative Licensure

$350

Late Renewal Application for Unrestricted Permanent Licensure or Administrative

000000000000Licensure within 90 days of expiration date pursuant to RSA 329:16-e

$700

Reinstatement Application for Unrestricted Permanent or Administrative Licensure

$350

Application for Courtesy (Locum Tenens) License

$150

Application for Special License

$  75

Application for Resident Training License

$  50

Application for Physician Assistant Licensure

$115

Renewal Application for Physician Assistant Licensure

$  65

Late Renewal Application for Physician Assistant Licensure within 90 days of

expiration date

$130

Reinstatement Application for Physician Assistant Licensure

$115

 

 

Duplicate license pocketcard

$  10

Duplicate wall certificate

$  25

Verification of license

$  20

 

 

Lists of Licensees:

 

All licensed physicians on paper or labels

$100

All licensed physicians on disk or by e-mail

$  50

Licensed physicians practicing in N.H. on paper or labels

$  50

Licensed physicians practicing in N.H. on disk or by e-mail

$  25

Licensed physicians in just one specialty, county, city or town on paper or labels

$  20

Licensed physicians in just one specialty, county, city or town on disk or by e-mail

$  10

 

Source.  #4970, eff 11-8-90; amd by #5223, eff 9-12-91; ss by #5908, eff 10-7-94; ss by #6576, eff 9-15-97, amd by #7312, eff 6-24-00; ss by #7949, eff 9-6-03; ss by #8037, eff 2-10-04; amd by #8068, eff 4-10-04; ss by #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 300); ss by #12972, eff 1-10-20

 


CHAPTER Med 400  RENEWAL, CONTINUING EDUCATION AND ONGOING REQUIREMENTS

 

REVISION NOTE:

 

            Document #9900, effective 4-12-11, adopted, amended, readopted with amendments, or repealed many rules in Chapters Med 100 through Med 600.  In Chapter Med 400, Document #9900 readopted with amendments selected rules in Parts Med 401, 403, and 412, and readopted with amendments all the rules in Parts Med 402, 407, 408, 409, and 410.  Document #9900 also adopted Med 403.03 on notice of action, readopted and renumbered Med 403.03 on noncompliance as Med 403.04, and adopted Part Med 413 on settlement agreements and consent orders.  The source note for Med 403.04 indicates the former rule number Med 403.03, and the document numbers and effective dates apply to the rule under the former number.

 

PART Med 401  RENEWAL OF LICENSE

 

Med 401.01  Expiration of License.  Each license shall automatically expire on July 1 of the year in which the licensee's renewal is set to occur, unless the licensee has applied to the board for renewal of license by June 30 of the year in which the licensee’s renewal is set to occur.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97; ss by #7949, eff 9-6-03; ss by #8945, eff 7-18-07, EXPIRED: 7-18-15

 

New.  #10925, INTERIM, eff 9-4-15, EXPIRES: 3-2-16; ss by #11048, eff 3-2-16

 

Med 401.02  Renewal of License.  Any licensee wishing to renew a license shall submit:

 

          (a)  The renewal application supplied by the board on or before June 30 of the year in which the licensee's renewal is set to occur;

 

          (b)  The fee specified by Med 306.01; and

 

          (c)  Proof of completion of the continuing education requirements of Med 402.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97; amd by #7949, eff 9-6-03; amd by #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06 (paragraph (c)); ss by #8945, eff 7-18-07, EXPIRED: 7-18-15

 

New.  #10925, INTERIM, eff 9-4-15, EXPIRES: 3-2-16; ss by #11048, eff 3-2-16

 

          Med 401.03  Renewal Application.

 

          (a)  The licensee shall complete and file a renewal application provided by the board and tender the renewal fee specified by Med 306.01.

 

          (b)  The applicant shall include on the renewal form:

 

(1)  The name and business address and telephone number, business e-mail address and business fax number of renewing licensee;

 

(2)  The home address and telephone number of renewing licensee;

 

(3)  Whether the applicant is currently in active practice;

 

(4)  What specialty the licensee practices and whether the applicant is board certified;

 

(5)  A listing of other states in which the licensee currently holds an active license;

 

(6)  A listing of all hospitals in which the applicant currently holds privileges;

 

(7)  The applicant’s US Drug Enforcement Agency (DEA) license number, the state of issuance and the expiration date;

 

(8)  Whether the applicant has been the subject of disciplinary action, or has been denied a license or surrendered a license in any state or jurisdiction during the past 24 months;

 

(9)  Whether the applicant is currently or has in the past been monitored or treated by a private, state, medical society, or hospital physician health program other than through the NH board approved physician health program or has been restricted in any manner by the US Drug Enforcement Agency (DEA);

 

(10)  Whether the applicant is currently suffering from any condition, mental or physical, that impairs the applicant’s judgment or that would otherwise adversely affect his or her ability to practice medicine in a competent, ethical and professional manner;

 

(11)  Whether the applicant has been found guilty or pleaded no contest to any felony or misdemeanor charges during the past 24 months;

 

(12)  Whether the applicant has been found guilty or pleaded no contest to any driving under the influence violations or has been subject to an administrative finding for driving under the influence in the past 24 months;

 

(13)  Whether the applicant has been the subject of any investigation or disciplinary proceeding or been reported to the National Practitioners Data Bank (NPDB) during the past 24 months;

 

(14)  Whether the applicant has lost or been denied any hospital privileges or had such privileges restricted in any way during the past 24 months;

 

(15)  Whether any malpractice claims have been made against the applicant during the past 24 months;

 

(16)  If the applicant has answered in the affirmative to any inquiries under (7) - (14), a written explanation of the circumstances which caused the applicant to respond in the affirmative;

 

(17)  Whether the applicant has an ownership interest in an entity which provides diagnostic or therapeutic services.  Pursuant to RSA 125:25-c, the applicant shall list all diagnostic and therapeutic services provided by any entity in which the applicant has an ownership interest;

 

(18)  The last 4 digits of the applicant’s social security number on the line provided below the following preprinted statement:  "The board will deny licensure if you refuse to submit the last 4 digits of your social security number (SSN).  Your professional license will not display your SSN.  Your SSN will not be made available to the public.  The board is required to obtain your social security number for the purpose of child support enforcement and in compliance with RSA 161-B:11.  This collection of your social security number is mandatory."; and

 

(19)  The applicant's signature and the date of the applicant's signature, certifying the accuracy of his or her responses under the penalty for unsworn falsification pursuant to RSA 641:3.

 

          (c)  An application for renewal which is not completed in its entirety or which does not include payment of the renewal fee shall be returned to the licensee unprocessed with a letter stating the reason(s) for the return.

 

          (d)  Pursuant to RSA 126-A:5, XVIII-a(a) and RSA 330-A:10-a, licensees shall complete, as part of their renewal application, the New Hampshire division of public health service’s health professions survey issued by the state office of rural health and primary care, department of health and human services.

 

          (e)  The board shall provide licensees with the opportunity to opt out of the survey.  Written notice of the opt-out opportunity shall be provided with the renewal application. The opt out form shall be available on the NH state office of rural health and primary care website and the board’s website.

 

          (f)  Licensees choosing to opt-out of the survey shall submit a completed opt out form described in He-C 801.04, to the state office of rural health and primary care, department of health and human services, via one of the following:

 

(1)  Mail;

 

(2)  Email; or

 

(3)  Fax.

 

          (g)  Information contained in the opt-out forms shall be kept confidential in the same accord with the survey form results, pursuant to RSA 126-A:5, XVIII-a(c).

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97; amd by #7949, eff 9-6-03; amd by #8096, eff 6-5-04; amd by #8429, eff 9-13-05; amd by #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06 (paragraphs (a), (b)(2)-(6), (14) and (15), now (15) and (17), and (c)); ss by #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 400); amd by #10876, eff
7-8-15; amd by #11048, eff 3-2-16; ss by #12972, eff 1-10-20

 

          Med 401.04  Late Renewal and Reinstatement of License.

 

          (a)  Any licensee who allows his or her license to lapse by reason of error, omission, nonpayment of the biennial renewal fee, or failure to submit proof of completion of continuing education may request late renewal within 90 days following the expiration of the license by providing a written request for late renewal which demonstrates:

 

(1)  An inadvertent failure to renew the license; and

 

(2)  A statement that the licensee has not continued to practice during the period of expiration.

 

          (b)  If a license expires or lapses as a result of a licensee being ordered to active duty with the armed services or the National Guard, the licensee shall have one year from the date of discharge or release from the armed service to apply for renewal and all late fees shall be waived.

 

          (c)  Any licensee whose license has expired by reason of error, omission, or neglect to pay the biennial renewal fee beyond 90 days after expiration of the license, whose license has been included on the inactive list pursuant to RSA 329:16-h, or whose license has been suspended or revoked by the board shall be eligible to apply for reinstatement barring any order or agreement to the contrary, at the time of their original disciplinary action, by filing the application specified in (d) below.

 

          (d)  Applicants for reinstatement shall provide, pursuant to (b) above, or cause to be provided, on a “Physician Reinstatement Application,” revised 11/2019:

 

(1)  The same information required in Med 301.03 (a) (1-27) excluding Med 301.03 (a) (4-8) and Med 301.03 (a) (24); and

 

(2)  Proof of completion of continuing education which meets the requirements of Med 402.01.

 

          (e)  Applicants for reinstatement shall pay the reinstatement fee specified in Med 306.01 Table 3.6.1.

 

          (f)  Applicants for reinstatement of a suspended or revoked license shall have the burden of persuading the board that the actions which were the basis for the original disciplinary action have been satisfactorily remediated, that no additional charges of misconduct are pending, and that the applicant meets all the character and competency requirements of an applicant for initial licensure.

 

Source.  #4970, eff 11-8-90; amd by #5223, eff 9-12-91; ss by #6517, eff 5-30-97; ss by #7949, eff 9-6-03; ss by #8945, eff 7-18-07, EXPIRED: 7-18-15

 

New.  #10925, INTERIM, eff 9-4-15, EXPIRES: 3-2-16; ss and renumbered by #11048, eff 3-2-16 (formerly Med 401.03); ss by #12972, eff 1-10-20

 

          Med 401.05  Denial of Renewal.

 

          (a)  Renewal of a license shall be denied if, after notice and an opportunity for hearing, there is evidence to establish that:

 

(1)  Continuing medical education has not been fulfilled pursuant to Med 402;

 

(2) The applicant has failed to provide complete or accurate information on the renewal application;

 

(3)  The applicant has committed any unethical act for which discipline could be imposed under RSA 329:17, VI;

 

(4)  If the applicant has previously surrendered a license under Med 412.03(a) and has failed to comply with any necessary requirements of Med 412.02;

 

(5)  Reasons for which an initial application could be denied under RSA 329:14, II; or

 

(6)  The applicant failed to register for the Controlled Drug Prescription Health and Safety Program pursuant to RSA 318-B:33, II and Ph 1503.01 (a).

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8945, eff 7-18-07; amd by #10876, eff 7-8-15; paras. (a)(1)-(3) EXPIRED: 7-18-15; amd by #10925, INTERIM, eff 9-4-15, EXPIRES: 3-2-16; amd by #11048, eff 3-2-16

 

          PART Med 402  CONTINUING MEDICAL EDUCATION

 

          Med 402.01  Continuing Medical Education.

 

          (a)  All licensed physicians shall complete 100 hours of approved continuing medical education (CME) requirements every 2 years, 40 hours of which shall be in Category I, and no more than 60 credit hours of which shall be in Category II.

 

          (b)  Category I courses shall be those courses or activities which satisfy the current requirements of the American Medical Association's Physician's Recognition Award program (PRA), as set forth in the AMA's current PRA bulletin, or which are fully equivalent to these requirements and satisfy the CME requirements of the New Hampshire Osteopathic Association.  Such courses shall be considered approved for purposes of Med 402.

 

          (c)  Licensees shall acquaint themselves with the requirements of the PRA program or the New Hampshire Osteopathic Association, and may obtain a copy of the AMA's PRA bulletin by contacting the:

 

American Medical Association

AMA Plaza

330 N Wabash Avenue, Suite 39300

Chicago, Illinois 60611-5885

Telephone Number (312) 464-4677.

 

          (d)  Licensees who were previously licensed in another state may continue to take continuing medical education courses in accordance with a previously established PRA renewal cycle.

 

          (e)  Each year of full-time training in a residency accredited by the Accreditation Council for Graduate Medical Education (ACGME) or the American Osteopathic Association (AOA), each accredited fellowship taken in the United States shall be awarded 50 Category I CME credit hours.

 

          (f)  Completion of a degree in a medically-related field shall be awarded 25 Category I credit hours as stated on official documentation.

 

          (g)  Passage of an American Specialty Board examination, whether for initial eligibility or for recertification, shall be accepted as the equivalent of 100 category I CME credit hours.

 

          (h)  Annual Certificates of Competency/Recertification exams shall be awarded credits as stated on official documentation from the relevant board certifying agency.

 

          (i)  Licensees who show proof of being up to date on a program of maintenance of certification by the physician’s specialty organization, deemed adequate by the board, shall be considered to have completed their continuing medical education requirement for the preceding 2 years.

 

          (j)  Category II credit hours shall be awarded on the basis of actual time spent on the educational aspects of the course or activity.

 

          (k)  Category II CME courses shall include the following courses and activities:

 

(1)  CME lectures and seminars not designated as Category I;

 

(2) Time spent teaching medical courses to practicing physicians, residents, physician assistants, physician assistant students, preceptees, medical students, or allied health professionals;

 

(3)  Presentation or publication of a scientific paper to a medical audience or in a medical journal;

 

(4)  Unsupervised learning activities of the type described in Med 402.01(l); and

 

(5)  Meritorious learning experiences which provide a unique educational benefit to a licensee and meet the requirements of Med 402.01(m).

 

          (l)  Allowable non-supervised Category II CME activities shall include:

 

(1)  Self-instruction, including journal reading and the use of television and other audiovisual materials;

 

(2)  The education a physician received from a consultant;

 

(3)  Participation in programs concerned with review and evaluation of patient care; and

 

(4)  Time spent in a self-assessment examination, not including examinations and quizzes published in journals.

 

          (m)  Meritorious learning experiences for which Category II CME credit hours shall be awarded shall be documented by a narrative report demonstrating the presence of the following features:

 

(1)  The educational need served by the activity;

 

(2)  A description of the activity, including the educational content and the manner in which the learning occurred;

 

(3)  The time spent on the project, itemized to show the total time spent and the time spent on the direct educational aspects of the project for which CME credit is claimed; and

 

(4)  The number of credit hours claimed, which number shall not exceed the number of full hours actually spent on the direct educational aspects of the project and shall exclude transportation to and other preliminary time expended.

 

          (n)  A licensee may claim 10 Category II CME credit hours for the presentation or publication of a scientific paper as of the date of the publication or presentation, and one CME credit hour for each full hour of actual participation in courses or activities recognized in Med 402.01(k)(1), (2) or (4), upon successful completion of the course or activity.

 

          (o)  Pursuant to RSA 318-B:40, all licensees required to register with the controlled drug prescription health and safety program shall complete 3 credit hours of approved online continuing education or pass an online examination in the area of pain management or addiction disorders.

 

          (p)  Licensees may satisfy the requirements in (o) above by taking CMEs that:

 

(1)  Are AMA PRA Category 1 credits or AACME accredited; and

 

(2)  Reference opioid prescribing for the management or treatment of pain or opioid use disorders in the course abstract and learning objectives.

 

Source.  #4970, eff 11-8-90, EXPIRED: 11-8-96

 

New.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 400); ss by #12972, eff 1-10-20

 

          Med 402.02  Reporting Requirements.

 

          (a)  Licensees shall submit a biennial CME report using a form which shall be provided to him or her prior to December 31st of the final year of their cycle.  This form provided by the board, or an independent contractor designated by the board, shall be completed and returned on or before February 28th of the physician’s renewal year.  Failure of any licensees to receive this form shall not relieve them of the obligation to comply with these rules.  This form shall be a necessary part of the licensee's biennial license renewal application.

 

          (b)  The New Hampshire Medical Society (NHMS) shall audit and investigate the annual continuing education reports of each licensed physician, and shall prepare a written report which records the credits awarded to each licensee during the 2 year period applicable to each licensee.  NHMS shall report to the board the failure of any licensee to fulfill the CME requirements.  Unless excused by the board for good cause shown, including accident, illness, hardship, or other circumstances beyond the control of the licensee, the board shall issue a late fee if CMEs are not completed by December 31 of the final year of their cycle.

 

          (c)  The licensee shall provide the following on or with the form relative to continuing medical education:

 

(1)  The applicant's name;

 

(2)  The applicant's business address and telephone number;

 

(3)  Copies of documents which establish that the requirements of Med 402.01 have been met;

 

(4)  In the case of all Category I courses for which CME credit is claimed, copies of documents which establish that the course satisfies the requirements of Med 402.01(b) and include the following information:

 

a.  The name and headquarters address of the sponsor and any co-sponsor;

 

b.  The course title and the fields of medicine involved;

 

c.  A description of the type of course and the learning activities involved;

 

d.  The inclusive dates of attendance; and

 

e.  The number of credit hours certified for the activity;

 

(5)  In the case of Category II CME activities, copies of documents which establish the following information:

 

a.  The full name of the organizational sponsor or co-sponsor;

 

b.  The sponsor or co-sponsor's headquarters office address and telephone number;

 

c.  The program title and a description of the program's content; and

 

d.  The inclusive dates of the licensee's attendance.;

 

(6)  In the case of claimed medical teaching activities, copies of documents which establish the following information:

 

a.  The type of educational program which was conducted and a description of the exact role the licensee played in that program;

 

b.  The name, business address, and telephone number of the institution or organization sponsoring the education program;

 

c.  The subject covered by the education program;

 

d.  The type and educational level of students attending the educational program; and

 

e.  The inclusive dates of the licensee's participation in the educational program;

 

(7)  In the case of claimed publications or presentations, copies of documents which establish the following information:

 

a.  The title of the paper or article presented or published;

 

b.  The name, sponsor, and location of the conference or the name, business address, and telephone number of the medical journal involved; and

 

c.  The date of the presentation or publication; and

 

(8)  In the case of claimed non-supervised CME activities, copies of documents which establish the following information:

 

a.  The type of material or activity involved;

 

b.  The title and a thorough description of the type of activity involved;

 

c.  The sponsor of the activity involved; and

 

d.  The inclusive dates of the licensee's participation in the activity involved.

 

Source.  #6517, eff 5-30-97, EXPIRED: 5-30-05

 

New.  #8662, INTERIM, eff 6-16-06, EXPIRED: 12-13-06

 

New.  #8945, eff 7-18-07; ss by #9900, eff 4-12-11 (see Revision Note at chapter heading for Med 400); ss by #12972, eff 1-10-20

 

          Med 402.03  Waiver of CME Deadlines.

 

          (a)  The board shall consider petitions for waiver of CME deadlines which meet the requirements of Med 212.01, if: