CHAPTER Plc 1300 MEDICAL IMAGING AND RADIATION THERAPY
Statutory
Authority: RSA 328-J:7
REVISION NOTE:
The
Board of Medical Imaging and Radiation Therapy was established pursuant to
2016, 54:2, effective 7-1-16, with rulemaking authority under RSA 328-J:7.
Pursuant to 2022, 104:1 and 104:4,
effective 7-26-22, the Board of Medical Imaging and Radiation Therapy was
renamed and re-established as the Advisory Board of Medical Imaging and
Radiation Therapy under RSA 328-J:7, I and RSA 328-J:3. The former rulemaking authority of the Board
of Medical Imaging and Radiation Therapy was transferred to the Executive
Director of the Office of Professional Licensure and Certification (OPLC) under
RSA 328-J:7.
The Executive Director of the OPLC
subsequently readopted with amendments Mirt 303.05, Mirt 303.07, Mirt 303.08,
and Mirt 303.09 in Document #13431, effective 8-11-22, on initial licensure
eligibility requirements.
The Executive Director adopted Chapter
Plc 1300 governing medical imaging and radiation therapy as an interim rule in
Document #13548, effective 2-1-23. The
Executive Director subsequently adopted and filed Document #13586, effective
3-22-33, repealing Chapter Mirt 100 through Chapter Mirt 500 of the former Board of Medical Imaging and Radiation
Therapy. The repeal of Chapter
Mirt 100 through Chapter Mirt 500 meant that Document #13548 replaced all prior
filings affecting rules of the former Board
of Medical Imaging and Radiation Therapy
The filings prior to Document #13586
which affected the former Chapter Mirt 100 through Mirt 500 included the
following documents, where italics indicate the rules were subject to
expiration only pursuant to RSA 541-A:17, II:
Mirt 100
#12466, effective 1-25-18
#13285, effective 10-26-21
Mirt 200
#12466, effective 1-25-18
Mirt 300
#12597, effective 7-31-18
#12998, effective 3-5-20
#13329, effective 1-22-22
#13431, effective 8-11-22
Mirt 400
#13075, effective 7-24-20
Mirt 500
#12598, effective 7-31-18
The Executive Director subsequently
readopted with amendment Chapter Plc 1300 as a regular rule in Document #13701,
effective 8-1-23, thereby replacing the former interim rule for Plc 1300 in
Document #13548. Amendments in Document
#13701 included adding new definitions of “criminal records check” in Plc
1302.09, “military spouse” in Plc 1302.21, and “on active military duty” in Plc
1302.23; and adding new rules Plc 1305.07 on challenging a denial of initial
licensure and Plc 1309.09 on challenging a denial of license renewal. Document #13701 also extensively amended Part
Plc 1306 on temporary licenses and amended Part Plc 1308 on licensee
obligations and Part Plc 1309 on renewal of licenses and reinstatement to apply
renewal procedures in Chapter Plc 300.
PART Plc 1301 PURPOSE AND APPLICABILITY; SENDING NOTICES
AND LICENSES
Plc
1301.01 Purpose. The purpose of this chapter is to implement
RSA 328-J relative to regulating the practice of medical imaging and radiation
therapy, to safeguard the life and health of the people of New Hampshire by
establishing requirements for:
(a) Obtaining and renewing a license to practice
in the professions regulated under RSA 328-J;
(b) Obtaining the reinstatement of a license to
practice in the professions regulated under RSA 328-J that has lapsed, expired,
or otherwise been rendered inactive or invalid; and
(c) The regulation of the practices of the
professions regulated under RSA 328-J, including establishing the scope of
practice and ethical and professional standards required to be met by each
holder of a license.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1301.03 Notifications; Issuance of Licenses.
(a)
All notifications sent to applicants and licensees and all licenses
issued pursuant to this chapter shall be sent to the applicant’s or licensee’s designated
email address.
(b)
All notifications and licenses sent to a designated email address for
which the office of professional licensure and certification (OPLC) does not
receive any indication that the email was not delivered shall be deemed to have
been received by the individual who designated the email address.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.01 “Advisory board” means the advisory board of
medical imaging and radiation therapy established pursuant to RSA 328-J:3.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.02 “Approved
equivalency test” means any test that led or leads to the receipt of a high
school equivalency certificate.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Source. (See Revision Note at chapter heading for Plc
1300) #13701, eff 8-1-23
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.07 “Continuing
competence” means the reinforcement and enhancement of professional skills and
knowledge through participation in structured courses and professional
activities and experiences that are beyond entry-level preparation for
professional licensing.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1302.08 “Cooperate” means to provide
information requested by an investigator during an investigation and to answer
any questions posed by the investigator in order to enable the executive director to
determine compliance with RSA 328-J and Plc 1300.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1302.09 “Criminal records check” means
the process undertaken by the NH department of safety (NHDOS) that requires
live scanned prints taken digitally and submitted electronically to the NH
criminal records unit and the FBI. The
term includes “criminal history record check” but does not include an “online
NH criminal conviction check”.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.11 “Executive director” means the executive
director of the OPLC or designee.
Source. (See Revision
Note at chapter heading for Plc 1300) #13701, eff
8-1-23
Plc 1302.12 “Fluoroscopy” means “fluoroscopy” as defined
in RSA 328-J:1, IV, namely “the exposure of a patient to ionizing radiation in
a fluoroscopy mode, including the positions of the patient, positioning of the
fluoroscopy equipment, and the selection of exposure factors.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.13 “License” means “license” as defined in RSA
541-A:1, VIII, namely “the whole or part of any agency permit, certificate,
approval, registration, charter or similar form of permission required by law.” For purposes of this chapter, the term
includes any similar form of approval to practice a regulated medical imaging
and radiation therapy (MIRT) profession in any jurisdiction.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.14 “Licensed practitioner” means “licensed
practitioner” as defined in RSA 328-J:1, V, namely “a person licensed to
practice medicine, dentistry, chiropractic, podiatry, or osteopathy in New
Hampshire.”
Source. (See Revision Note at chapter heading for Plc
1300) #13701, eff 8-1-23
Plc 1302.15 “Licensing bureau” means the organizational
unit within the OPLC’s division of licensing and board administration that is
responsible for accepting and processing applications.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1304.16 “Limited x-ray machine operator” means
“limited x-ray machine operator” as defined in RSA 328-J:1, VI, namely “a
person who is licensed under this chapter to perform, under the supervision of
a licensed practitioner, limited diagnostic radiography procedures of specific
parts of human anatomy or bone density measurements using equipment that emits
external ionizing radiation.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1302.17 “Live programming” means
educational programming presented by an instructor or by a panel of instructors that is available
to attendees at the time it is being originally presented. The term includes a program attended remotely
using a computer or other audio-visual telecommunications equipment, provided
the attendee has an opportunity during the program to ask questions about the
material presented that are answered by the instructor(s).
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.18 “Magnetic resonance technologist” means
“magnetic resonance technologist” as defined in RSA 328-J:1, VII, namely “a
person who is licensed under this chapter to perform magnetic resonance
procedures using magnetic fields and radio frequency signals.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.19 “Medical imaging” means “medical imaging” as
defined in RSA 328-J:1, VIII, namely “any procedure intended for use in the
diagnosis or visualization of disease or other medical conditions in human
beings, including, but not limited to the following modalities, radiography,
nuclear medicine, fluoroscopy, magnetic resonance, and other procedures using
ionizing radiation, magnetic resonance, or ultrasound.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.20 “Medical imaging professional” means “medical
imaging professional” as defined in RSA 328-J:1, IX, namely “any person who is
a magnetic resonance technologist, nuclear medicine technologist, radiographer,
radiologist assistant, or sonographer licensed under this chapter.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1302.21 “Military spouse” means an
individual who is legally married to an individual who is on active military
duty.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.22 “Nuclear medicine technologist” means
“nuclear medicine technologist” as defined in RSA 328-J:1, X, namely “a person
who is licensed under this chapter to perform a variety of nuclear medicine and
molecular imaging procedures using sealed and unsealed radiation sources,
ionizing and nonionizing radiation, and adjunctive medicine and therapeutic
procedures using unsealed radioactive sources.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.25 “Plan of correction” means a list of specific
actions to be taken with a deadline for taking each action, to reflect how a
licensee will correct a violation of, and come into compliance with, Plc 1300
and RSA 328-J.
Source. (See Revision Note at chapter heading for Plc
1300) #13701, eff 8-1-23
Plc 1302.26 “Radiation therapist” means “radiation
therapist” as defined in RSA 328-J:1, XI, namely “a person who is licensed
under this chapter to administer ionizing radiation to human beings for
therapeutic purposes.”
Source. (See Revision
Note at chapter heading for Plc 1300) #13701, eff
8-1-23
Plc 1302.27 “Radiographer” means “radiographer” as
defined in RSA 328-J:1, XII, namely “a person who is licensed under this
chapter to perform a comprehensive set of diagnostic radiographic procedures
using external ionizing radiation to produce radiographic, fluoroscopic, or
digital images.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.28 “Radiologist” means “radiologist” as defined
in RSA 328-J:1, XIII, namely “a physician certified by or board-eligible to be
certified for the American Board of Radiology, the American Osteopathic Board
of Radiology, the British Royal College of Radiology, or the Canadian College
of Physicians and Surgeons in that medical specialty.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.29 “Radiologist assistant” means “radiologist
assistant” as defined in RSA 328-J:1, XIV, namely “a radiographer who has met
additional qualifications and who is licensed under this chapter to perform a
variety of activities under the supervision of a radiologist in the areas of
patient care, patient management, radiologic imaging, or interventional
procedures guided by radiologic imaging.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.30 “Regulated MIRT professions” means the
medical imaging and radiation therapy professions regulated under RSA 328-J,
including limited x-ray machine operators.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1302.31
“Self-directed education” means participation in electronic continuing
professional education courses that are self-study courses or self-paced
clinical courses, which require the participant to pass an examination to
obtain confirmation of participation.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1302.32 “Sonographer” means “sonographer” as defined
in RSA 328-J:1, XV, namely “a person who is licensed under this chapter to
perform a comprehensive set of diagnostic sonography procedures using
ultrasound to create medical images.”
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1302.33 “Working day” means any Monday
through Friday, excluding days on which state offices are closed in observance
of holidays.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1303.01 Advisory
Board
Members Appointment and
Qualifications.
(a)
Pursuant to RSA 328-J:3, the executive director shall establish an
advisory board of medical imaging and radiation therapy consisting of 3 members
who are licensed and in good standing in New Hampshire as a medical imaging
professional.
(b)
As required by RSA 328-J:3:
(1) The executive director also shall appoint one
alternate board member who has the same qualifications set forth for advisory
board members;
(2) Each member shall be appointed to a term of 3
years; and
(3) No member shall serve more than 2 consecutive
full terms.
(c)
Each advisory board member shall:
(1)
Have been a licensed medical imaging
professional for
at least 3 years preceding the appointment;
(2)
Be currently licensed in New Hampshire when appointed and for the
duration of the term; and
(3)
Have actively practiced in New Hampshire for at least one year
immediately preceding appointment to the advisory board.
(d)
The executive director shall appoint members who are licensed in
different regulated MIRT professions to the extent such professionals are
willing and able to serve on the advisory board.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1303.02 Meetings and Records of Advisory Board.
(a)
The advisory board shall meet at the call of the executive director.
(b)
Meetings of the advisory board shall be held at the OPLC’s offices in
Concord, NH, or in such other location as the executive director determines
will be most convenient for the largest number of anticipated attendees.
(c)
Notice of meetings shall be provided as required by RSA 91-A.
(d)
Records of the advisory board shall be maintained by the OPLC as
required by RSA 91-A.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1303.03 Responsibilities
of Advisory Board.
(a)
As provided in RSA 328-J:3, the advisory board shall advise the
executive director regarding the implementation of RSA 328-J,
including in particular by
reviewing and commenting on proposed rules and proposed revisions to rules
intended to implement RSA 328-J.
(b)
If requested by the executive director based on a determination that the
expertise of the advisory board members is needed, members of the advisory
board shall sit as part of a panel for an adjudicative hearing conducted
pursuant to applicable provisions in Plc 200 and RSA 541-A.
(c)
If requested by the executive director based on a determination that the
expertise of the advisory board members is needed, the advisory board shall
assist with an investigation commenced pursuant to RSA 310:9 and Plc 204
relative to investigations.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
(a) Retained by the executive director in
accordance with the retention schedule established pursuant
RSA 310:4, II(e) and available in the frequently
asked questions (FAQ) section of the OPLC website at https://www.oplc.nh.gov; and
(b) Available for public review as provided in
Plc 100.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
PART Plc 1304 STATUTORY QUALIFICATIONS FOR LICENSURE
Plc
1304.01 Qualifications for Limited
X-Ray Machine Operator.
(a) As required by RSA 328-J:11, I(a) and (b), to
qualify for licensure as a limited x-ray machine operator, an applicant shall:
(1)
Be at least 18 years of age; and
(2)
Have obtained a high school diploma or have passed an approved
equivalency test.
(b) The course of study in limited x-ray machine
operation required by RSA 328-J:11, I(c) shall be any course that qualifies an
individual to take one of the examinations listed in (c), below.
(c) The examination in limited x-ray machine
operation required by RSA 328-J:11, I(d) shall be any of the following
examinations:
(1)
The American Registry of Radiologic Technologist
limited x-ray machine operator examination for limited bone density, chest,
extremities, podiatric, skull/sinus, and podiatric radiography;
(2)
The American Chiropractic Registry of Radiologic
Technologists examination in spine radiography;
(3)
The American Society of Podiatric Medical Assistants examination in
podiatric radiography; or
(4)
The International Society for Clinical
Densitometry examination in clinical bone densitometry technology.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1304.02 Qualifications for Magnetic
Resonance Technologist.
(a) As required by RSA 328-J:11, II(a) and (b),
to qualify for a license as a magnetic resonance technologist, an applicant
shall:
(1)
Be at least 18 years of age; and
(2)
Have obtained a high school diploma or have passed an approved
equivalency test.
(b) The course of study in radiography and
additional educational requirements in magnetic resonance technology required
by RSA 328-J:11, II(c) shall be a course of study in radiography approved,
recognized as accredited, or required for certification by:
(1)
The American Registry of Magnetic Resonance
Imaging Technologists; or
(2)
The American Registry of Radiologic Technologists.
(c) Pursuant to RSA 328-J:11, II(e), all applicants
shall be certified and registered in magnetic resonance by:
(1)
The American Registry of Radiologic Technologists; or
(2)
The American Registry of Magnetic Resonance Imaging Technologists.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1304.03 Qualifications for Nuclear Medicine
Technologist.
(a)
As required by RSA 328-J:11, III(a) and (b), to qualify for a license as
a nuclear medicine technologist, an applicant shall:
(1) Be at least 18 years of age; and
(2) Have obtained a high school diploma or have
passed an approved equivalency test.
(b)
The course of study in nuclear medicine technology required by RSA
328-J:11, III(c) shall be a course of study in nuclear medicine technology that
is approved, accredited, or required for certification by:
(1) The Joint Review Committee on Educational
Programs in Nuclear Medicine Technology;
(2) The Canadian Association of Medical Radiation
Technologists; or
(3) The Australian and New Zealand Society of
Nuclear Medicine.
(c)
As required by RSA 328-J:11, III(d), the applicant shall possess current
certification and registration in nuclear medicine technology from:
(1) The American Registry of Radiologic
Technologists; or
(2) The Nuclear Medicine
Technology Certification Board.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1304.04 Qualifications for Radiation
Therapist.
(a) As required by RSA 328-J:11, IV(a) and (b),
to qualify for a license as a radiation therapist, an applicant shall:
(1)
Be at least 18 years of age; and
(2)
Have obtained a high school diploma or have passed an approved
equivalency test.
(b) The course of study in radiation therapy
required by RSA 328-J:11, IV(c) shall be a course of study that is approved, recognized as accredited, or required
for certification in radiation therapy by the American Registry of Radiologic
Technologists.
(c) As required by RSA 328-J:11, IV(d), the
applicant shall possess current certification and registration in radiation
therapy from the American Registry of Radiologic Technologists.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1304.05 Qualifications for
Radiographer.
(a) As required by RSA 328-J:11, V(a) and (b), to
qualify for a license as a radiographer, an applicant shall:
(1)
Be at least 18 years of age; and
(2)
Have obtained a high school diploma or have passed an approved
equivalency test.
(b) The course of study in radiography required
by RSA 328-J:11, V(c) shall be a course of study that is approved, recognized
as accredited, or required for certification in radiography by the American
Registry of Radiologic Technologists.
(c) As required by RSA 328-J:11, V(d), the
applicant shall possess current certification and registration in radiography
from the American Registry of Radiologic Technologists.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
(a) Possess a radiographer license and current
certification and registration in radiography from the American Registry of
Radiologic Technologists;
(b) Possess current certification and
registration as a radiologist assistant or radiology practitioner assistant
from:
(1)
The American Registry of Radiologic Technologists; or
(2)
The Certification Board of Radiology Physician
Assistants; and
(c) Submit clinical protocols that are signed by
the supervising radiologist and that specify:
(1)
The procedures that are or will be performed by the radiologist
assistant;
(2)
The level of radiologist supervision; and
(3)
The location(s) of practice designated by the supervising radiologist.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1304.07 Qualifications for
Sonographer.
(a) As required by RSA 328-J:11, VII(a) and (b),
to qualify for a license as a sonographer, an applicant shall:
(1)
Be at least 18 years of age; and
(2)
Have obtained a high school diploma or have passed an approved
equivalency test.
(b) The course of study in sonography required by
RSA 328-J:11, VII(c) shall be a course of study that is approved, recognized as
accredited, or required for certification in sonography by:
(1)
The American Registry of Radiologic Technologists;
(2)
The American Registry for Diagnostic Medical Sonography; or
(3)
Cardiovascular Credentialing International.
(c) As required by RSA 328-J:11, VII(d), the
applicant shall possess current certification and registration in sonography
from:
(1)
The American Registry of Radiologic Technologists;
(2)
The American Registry for Diagnostic Medical
Sonography; or
(3)
Cardiovascular Credentialing International.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1304.08 Qualifications for Cardiac
Electrophysiology Specialist.
(a) As required by RSA 328-J:11, VIII(a) and (b),
to qualify for a license as a cardiac electrophysiology specialist, an
applicant shall:
(1)
Be at least 18 years of age; and
(2)
Have obtained a high school diploma or have passed an approved
equivalency test.
(b) The course of study in cardiac
electrophysiology required by RSA 328-J:11, VIII(c) shall be a course of study
that is approved, recognized as accredited, or required for certification as a
registered cardiac electrophysiology specialist (RCES) by Cardiovascular
Credentialing International.
(c) As required by RSA 328-J:11, VIII(d), the
applicant shall possess current certification in cardiac electrophysiology from
Cardiovascular Credentialing International.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1304.09 Qualifications for Cardiovascular
Invasive Specialist.
(a) As required by RSA 328-J:11, IX(a) and (b),
to qualify for a license as a cardiovascular invasive specialist, an applicant
shall:
(1)
Be at least 18 years of age; and
(2)
Have obtained a high school diploma or have passed an approved equivalency
test.
(b) The course of study in cardiovascular
invasive procedures required by RSA 328-J:11, IX(c) shall be a course of study
that is approved, recognized as accredited, or required for certification as a
registered cardiovascular invasive specialist (RCIS) by Cardiovascular
Credentialing International.
(c) As required by RSA 328-J:11, IX(d), the
applicant shall possess current certification in cardiovascular invasive
procedures from Cardiovascular Credentialing International.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1304.10 Qualifications for a License
in Computed Tomography.
(a) As required by RSA 328-J:11, X(a) and (b), to
qualify for a license in computed tomography, an applicant shall:
(1)
Be at least 18 years of age; and
(2)
Have obtained a high school diploma or have passed an approved
equivalency test.
(b) The course of study in computed tomography
required by RSA 328-J:11, X(c) shall be a course of study that is approved,
recognized as accredited, or required for certification in computed tomography
by:
(1)
The American Registry of Radiologic Technologists; or
(2)
The Nuclear Medicine Technology Certification Board.
(c) As required by RSA 328-J:11, X(d), the
applicant shall possess current certification and registration in computed
tomography from:
(1)
The American Registry of Radiologic Technologists; or
(2)
The Nuclear Medicine Technology Certification Board.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1304.11 Additional Qualification for All
Applicants.
(a)
Pursuant to RSA 328-J:7, VII, each applicant for licensure under RSA
328-J shall satisfy the executive director that the applicant will faithfully
and conscientiously avoid professional misconduct and otherwise adhere to the
requirements of this chapter.
(b)
To meet the requirements of (a), above, each applicant shall provide
evidence of good professional character and reliability by:
(1) Answering the background and character
questions on the application as required by Plc 304.03(e); and
(2) Arranging for a criminal
records check or confirmation of military security clearance to be sent
to the licensing bureau as required by Plc 1305.01(c) or (d), as applicable.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
PART Plc
1305 INITIAL LICENSURE
Plc 1305.01 Applying for Initial Licensure.
(a)
Any individual who meets
the applicable qualifications in Plc 1304 and wishes
to become licensed in New Hampshire to practice one of the regulated MIRT
professions shall submit an application for licensure
in accordance with this section.
(b)
Each applicant for initial licensure shall submit to the licensing
bureau:
(1) A “Universal Application for Initial License”
dated March 2023, as tailored for MIRT licenses, that contains the information
specified in Plc 304.03 and Plc 1305.02 and the signature and attestation
specified in Plc 304.05;
(2) The documentation identified in Plc 304.04
and Plc 1305.03; and
(3) The application processing and licensing fee
specified in Plc 1002.
(c) Subject to (d), below, each applicant shall
also complete the process established by the NHDOS for requesting a criminal
records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or directly at https://services.dos.nh.gov/chri/cpo/, including paying any required fee and
directing that the results be sent to the OPLC.
(d) Pursuant to RSA 328-J:7-a, IV, an applicant
who is actively serving in any component of the U.S. Department of Defense who
has a current military security clearance may arrange for confirmation of the
security clearance to be sent to the licensing bureau in lieu of obtaining a
criminal records check.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
(a)
The specific regulated MIRT profession in which the applicant is seeking
licensure;
(b)
Information about the applicant’s education, as follows:
(1) Whether the applicant graduated from high
school or obtained an equivalent; and
(2) For each educational institution attended by
the applicant for courses related to the regulated MIRT profession in which the
applicant is applying to be licensed, the following:
a. The name, address, and URL of the
institution;
b. The dates attended; and
c. The date on which the applicant graduated or
otherwise completed the courses; and
(c)
Identification of the applicant’s credentialing organization or, for
applicants for a limited x-ray machine operator license, the credentialing
organization that administered the examination taken by the applicant.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
(a) A chronologically-organized list of the
applicant’s paid and voluntary work experience in the applicant’s regulated
MIRT profession for the prior 5 years that includes, for each separate
experience, the organization for which the applicant worked or volunteered, the
position held, the beginning and end dates, and the city and state in which the
position was located, provided that the list may be a résumé;
(b)
If the applicant is applying for licensure as other than a radiologist
assistant, the following:
(2)
A copy of the applicant’s high school diploma or equivalency
certificate;
(c)
For applicants applying for a limited x-ray machine operator license:
(2)
Evidence that the applicant passed the examination required by RSA
328-J:11, I(d), in the form of:
a.
A notification sent to the applicant by mail or electronically by the
credentialing organization; or
b.
The URL of a web site that confirms the applicant passed the
examination; and
(d)
For other than applicants for a limited x-ray machine operator license, proof of the applicant’s current certification required by
the applicable provision of RSA 328-J:11, as reflected in the applicable
section in Plc 1304.02 through Plc 1304.10, in the form of a photocopy of the
certification card or certificate or a link to the certifying organization’s
website that shows the applicant is certified.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1305.04 Initial Review of Applications for Initial
Licensure; Abandonment.
(a) Within
30 days of receipt of an application submitted pursuant to Plc 1305.01, the licensing
bureau shall
process the application as provided in Plc 304.06.
(b) The application shall be subject to the
abandonment provisions of Plc 304.06(h).
(c) If the application is abandoned, the
application processing and licensing fee shall not be refunded.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1305.05 Withdrawal of Application for
Initial Licensure.
(a) An applicant may withdraw the applicant’s
application for initial licensure at any time prior to being notified of a
decision under Plc 1305.06 by proceeding in accordance with Plc 304.07.
(b) If the application is withdrawn, the
application processing and licensing fee shall not be refunded.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1305.06 Review of Complete
Applications for Initial Licensure; Decisions.
(a) After determining that an application is
complete, the licensing bureau shall review the application to determine
whether the applicant meets all criteria for licensure.
(b) The licensing
bureau shall
issue a license to any applicant who:
(1)
Meets the statutory qualifications referenced in the applicable
provisions of Plc 1304.01 through Plc 1304.10;
(2)
Has demonstrated good character as specified in Plc 1304.11; and
(3)
Has submitted an application that meets all requirements of Plc 1305.01.
(c) The licensing
bureau shall
notify the applicant of the decision on the application in writing sent to the
applicant’s designated email address.
(d) If the licensing
bureau determines
that the applicant has not demonstrated that all requirements to obtain a
license are met, then:
(1)
The licensing bureau shall deny the application; and
(2)
The notice sent pursuant to (c), above, shall inform the applicant that
the decision will become final in 30 days unless the applicant requests a
hearing in writing within 30 days.
(e) If the application is denied, the application
processing and licensing fee shall not be refunded.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1305.07 Challenging a Denial of
Initial Licensure. An applicant who
wishes to challenge the denial of an application for initial licensure shall do
so as provided in Plc 304.10.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1305.08 Initial Licenses: Issuance and Duration.
(a)
Each initial license issued under this chapter shall specify:
(1) The name of the licensee;
(2) The effective date of the license;
(3) The license number; and
(4) The regulated MIRT profession in which the licensee is
licensed.
(b)
An initial license shall:
(1) Expire 2 years from the date on which the
license was issued unless a timely and complete renewal application is filed or the license is sooner suspended or revoked in
accordance with Plc 1311; and
(2) Be subject to renewal.
Source. (See Revision
Note at chapter heading for Plc 1300) #13701, eff
8-1-23
Plc 1305.09 Facilitated Licensing for Active Duty
Military and Military Spouses.
(a)
Each applicant for licensure who is on active military duty or who is a
military spouse shall apply for licensure as provided in Plc 1305.01, except
that no fee shall be required.
(b)
Each applicant who applies for facilitated licensing under this section
shall be eligible to obtain a facilitated license if the applicant:
(1) Meets the qualifications for licensure
specified in the applicable provisions of RSA 328-J:11, as summarized in Plc
1304; or
(2) Is licensed or registered in another
jurisdiction, provided that the other jurisdiction’s licensure or registration
requirements are substantially equivalent to or more stringent than New
Hampshire’s requirements as described in Plc 1304.
(c)
Any individual who obtains a facilitated license under this section
shall comply with all license renewal requirements specified in Plc 1309 if the
individual wishes to continue to work in a regulated MIRT profession in New
Hampshire after the term of the initial license.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
PART Plc
1306 TEMPORARY LICENSES
Plc 1306.01 Availability of Temporary License. A temporary license shall be available
pursuant to RSA 328-J:13 to any individual who:
(a) If
applying for a limited x-ray machine operator license, has:
(1) Completed the course of study required by RSA
328-J:11, I(c), as reflected in Plc 1304.01(b); and
(2) Has taken an examination required by RSA 328-J:11,
I(d), as reflected in Plc 1304.01(c); or
(b)
If applying for other than a limited x-ray machine operator license, has
completed the process of applying for the certification and registration
required by the applicable paragraph in RSA 328-J:11, II-X, as reflected in Plc
1304.02 through Plc 1304.10, but has not yet received certification and
registration.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1306.02 Applying for a Temporary License. To apply for a temporary license under RSA
328-J:13, the applicant shall proceed
in accordance with Plc 305 or Plc 306, as applicable.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1306.03 Obligations of Temporary Licensees. The holder of a temporary license shall:
(a)
Comply with Plc 1308.03 relative to required notifications and Plc
1308.05 relative to posting of licenses; and
(b)
Be subject to the ethical and professional standards identified in Plc
1310 and the disciplinary procedures and sanctions identified in Plc 1311.
Source. (See Revision
Note at chapter heading for Plc 1300) #13701, eff
8-1-23
PART Plc
1307 SCOPE OF PRACTICE
Plc 1307.01 Limitations on Practice for All Licensees. Pursuant to RSA 328-J:12, no licensee shall
use radioactive substances or equipment emitting ionizing radiation, magnetic
resonance, or ultrasound for medical imaging or radiation therapy procedures on
humans for diagnostic or therapeutic purposes unless the licensee does so:
(a)
With the prescription of an individual authorized to prescribe medical
imaging or radiation therapy procedures;
(b)
Under the supervision of a licensed practitioner; and
(c)
Within the scope of the regulated MIRT profession in which the licensee
is licensed.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1307.02 Scope of Practice for Licensed Limited
X-Ray Machine Operators. As provided
in RSA 328-J:12, III:
(a)
Limited x-ray machine operators shall perform tasks only if the tasks
are:
(1) Within the scope of the license issued to
them under RSA 328-J; and
(2) Performed under the direct supervision of a
licensed practitioner or licensed radiographer for a particular area of the
human anatomy; and
(b)
Limited x-ray machine operators shall not perform:
(1) Computed tomography;
(2) Fluoroscopy;
(3) Magnetic resonance imaging;
(4) Mammography;
(5) Radiation therapy;
(6) Sonography;
(7) Mobile imaging procedures; or
(8) Imaging procedures using contrast media.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1307.03 Scope of Practice for Licensed Magnetic Resonance
Technologists. The scope of practice
for magnetic resonance technologists shall be as follows:
(a)
If certified by the American
Registry of Radiologic Technologists (ARRT), the “Magnetic Resonance Practice
Standards” adopted by the American
Society of Radiologic Technologists (ASRT),
effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by clicking on “Read The ASRT Practice Standards
for Medical Imaging and Radiation Therapy” and as
noted in Appendix B; or
(b)
If certified by the American Registry of Magnetic Resonance Imaging
Technologists (ARMRIT), the scope of practice outlined by the United States
department of labor research contractor O*NET Online under the heading “Tasks”,
available at https://www.onetonline.org/link/summary/29-2035.00 and as
reprinted in Appendix C on October 11, 2022.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1307.04 Scope of Practice for Licensed Nuclear
Medicine Technologists. The scope of
practice for nuclear medicine technologists shall be:
(a)
If certified by the ARRT, the “Nuclear Medicine Practice Standards”
adopted by the ASRT, effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by
clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation
Therapy” and as noted in Appendix B; or
(b)
If certified by the Nuclear Medicine Technology Certification Board
(NMTCB), the “Nuclear Medicine Technologist Scope of Practice and Performance
Standards”, 2nd Edition, approved June 9, 2022 by the Society of
Nuclear Medicine and Molecular Imaging Technologist Section, available at http://www.snmmi.org/ClinicalPractice/content.aspx?ItemNumber=5532 and as
noted in Appendix B.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1307.05 Scope of Practice for Licensed Radiation
Therapists. The scope of practice
for radiation therapists shall be the ASRT’s “Radiation Therapy Practice
Standards”, effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by
clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation
Therapy” and as noted in Appendix B.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1307.06 Scope of Practice for Licensed
Radiographers. The scope of practice
for radiographers certified by the ARRT shall be the ASRT’s “Radiography
Practice Standards”, effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards and as
noted in Appendix B.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1307.07 Scope of Practice for Licensed Radiologist
Assistants.
(a)
As required by RSA 328-J:11, VI(c), the scope of practice for licensed
radiologist assistants shall be the most recent version of the Radiologist
Assistant Practice Standards published by the ASRT, available at www.asrt.org/main/standards-regulations/practice-standards by
clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation
Therapy” and as noted in Appendix B.
(b) As provided in
RSA 328-J:12, IV, a licensed radiologist assistant shall not interpret images,
make diagnoses, or prescribe medications or therapies.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1307.08 Scope of Practice for Licensed
Sonographers. The scope of practice for licensed sonographers shall be as
follows:
(a)
If certified by the American Registry for Diagnostic Medical Sonography,
the Society of Diagnostic Medical Sonography’s (SDMS) “Scope of Practice and
Clinical Standards for the Diagnostic Medical Sonographer” dated April 13,
2015, published by the Society of Diagnostic Medical Sonography, available at http://www.sdms.org/about/who-we-are/scope-of-practice and as noted in Appendix B;
(b)
If certified by the ARRT, the ASRT’s “Sonography Practice Standards”,
effective June 26, 2022, available at https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by
clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation
Therapy” and as noted in Appendix B; or
(c)
If certified by Cardiovascular Credentialing
International (CCI), the scope of practice described in “Scope of Practice
and Clinical Standards for the Diagnostic Medical Sonographer,” effective April
13, 2015, published by the Society of Diagnostic Medical Sonography, available
at http://www.sdms.org/about/who-we-are/scope-of-practice and as
noted in Appendix B.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1307.09 Scope of Practice for Licensed Cardiac Electrophysiology
Specialist.
(a)
The scope of practice for licensees certified by CCI as an RCES shall be
the “Scope of Practice for the Registered Cardiovascular Electrophysiology
Specialist (RCES)” dated 2017, available online at https://www.acp-online.org/advocacy/scopes-of-practice/.
(b)
Within the scope identified in (a), above, the term “direct supervision”
means having a physician in the room where the procedure is taking place.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1307.10 Scope of Practice for Licensed Cardiovascular Invasive Specialist.
(a)
The scope of practice for licensees certified by CCI as an RCIS, shall
be the “Scope of Practice for the Registered Cardiovascular Invasive Specialist
(RCIS)” dated 2018, available online at https://www.acp-online.org/advocacy/scopes-of-practice/ and as
noted in Appendix B.
(b)
Within the scope identified in (a), above, the term “direct supervision”
means having a licensed physician in the room where the procedure is taking
place.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1307.11 Scope of Practice for Licensees in Computed Tomography. The
scope of practice for licensees in computed tomography shall be the ASRT’s
“Magnetic Resonance Practice Standards”, effective June 26, 20227, available at
https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards by
clicking on “Read The ASRT Practice Standards for Medical Imaging and Radiation
Therapy” and as noted in Appendix B.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
PART Plc 1308 LICENSEE OBLIGATIONS; CONTINUING
EDUCATION
Plc 1308.01 Purpose and Applicability; Definition.
(a)
The purpose of this part is to identify requirements relating to
certification and registration, notifications, license renewal, and maintenance
of continuing competence with which every individual licensed under RSA 328-J
and Plc 1300 shall comply.
(b)
This part shall apply to every individual licensed under RSA 328-J and
Plc 1300.
(c)
For purposes of this part, “accredited institution” means a college,
university, or other educational institution that:
(1) Offers instruction above the high school
level; and
(2) Is accredited by an accrediting agency that
is recognized by the U.S. Secretary of Education as a reliable authority
concerning the quality of education or training or higher education program(s)
it accredits, as reflected at https://www2.ed.gov/admins/finaid/accred/accreditation_pg3.html#RegionalInstitutional.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.02 Licensee Obligation to Maintain
Certification and Registration; Continuing Education.
(a)
Except for limited x-ray machine operator licensees, each licensee shall
maintain the applicable certification and registration specified
in Plc 1304.02 through Plc 1304.10 at all times, including completing
all continuing education requirements for maintaining the certification and
registration.
(b)
Limited x-ray machine operator licensees who intend to renew their licenses shall maintain
continuing competence by completing 24 hours of continuing education or other
professional activities as described in Plc 1308.06, in each 2-year renewal
cycle.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1308.03 Licensee Obligations to
Notify.
(a) Each licensee shall:
(1)
Notify the licensing bureau within 30 days of a change in name, home
address, or business address; and
(2)
Update the OPLC’s records within 10 working days of a change of personal
telephone number or designated email address.
(b) As required by RSA 328-J:17, a licensee shall
submit written notification to the licensing bureau within 30 days of any legal or
disciplinary action, other than minor traffic infractions or proceedings, that
are initiated:
(1)
Against the licensee, for acts or conduct substantially the same as acts
or conduct that would constitute grounds for suspension, denial, modification,
limitation, revocation, or refusal to renew a license; and
(2)
By any of the following:
a.
Any other licensing jurisdiction whether United States or foreign;
b.
Any health care institution;
c.
Any professional society or association;
d.
Any certification organization or any credentialing organization;
e.
Any government agency, including but not limited to any law enforcement
agency; or
f.
Any court.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1308.04 Licensee Responsibilities for
Renewal. Each licensee shall:
(a) Know when the license is due to
expire; and
(b)
File an application for renewal prior to the expiration of the current
license in accordance with Plc 1309.03 if the individual wishes to continue to
practice in New Hampshire.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1308.05 Posting of License Required.
(a) As required by RSA 328-J:13, IV, any person
issued a license under this chapter shall display the official license document
or a verified copy in each place of regular employment.
(b) Any person issued a temporary license to
practice a regulated MIRT profession under Plc 305 or Plc 306 shall display a
copy of the temporary license in each place of regular employment.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1308.06 Creditable Continuing
Education and Professional Activities.
The following continuing education courses and professional activities
shall qualify as meeting continuing competence requirements:
(a) Receipt of academic instruction in one or
more of the regulated MIRT professions, as further described in Plc 1308.08;
(b) Non-academic courses, seminars, conferences,
and workshops, as further described in Plc 1308.09;
(c) Facility-based in-service training, as
further described in Plc 1308.10;
(d) Publication of writing related to medical
imaging or radiation therapy, as further described in Plc 1308.11;
(e) Professional presentations relating to
medical imaging or radiation therapy made to other professionals or the public,
as further described in Plc 1308.12;
(f) Participation in the work of professional
boards or committees, as further described in Plc 1308.13;
(g) Completion of self-directed education, as
further described in Plc 1308.14;
(h) Teaching an academic course in medical
imaging or radiation therapy, as further described in Plc 1308.15;
(i) Receipt of
infection control education, as further described in Plc 1308.16; and
(j) Radiation safety courses, as further
described in Plc 1308.17.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1308.07 Documentation Requirements;
Audits.
(a) Upon being notified by the OPLC that an
on-line system administered by a third-party organization is available to
manage continuing competence compliance, each licensee shall use the on-line
system to track and report the completion of continuing competence activities.
(b)
Each licensee shall retain documentation of the licensee’s participation
in continuing competence for the current license period and most recent renewal
period, provided that documentation may be retained in
the on-line system once available.
(c)
The executive director shall audit licensee participation in continuing
competence by:
(1) Randomly selecting 10% of licensees each year
to be audited; and
(2) Notifying each selected licensee of the audit
by email sent to the personal email address on record.
(d)
The notice sent pursuant to (c)(2), above, shall direct the licensee to
submit documentation to support the continuing competence activities claimed by
the licensee for the most recent renewal period to the executive director by a
specified date, which shall be no sooner than 30 days from the date of the notice.
(e) In response to the notice, a licensee
selected for audit shall submit the following to the executive director no
later than the date specified in the notice:
(1)
The documentation required by Plc 1308.08 through Plc 1308.17, as
applicable to the type of activity; or
(2)
For any time period covered by the on-line
system, a copy of the licensee’s on-line records, subject to (f), below.
(f) In lieu of submitting a copy of the on-line
records, a licensee selected for audit may provide the executive director with
access to the on-line records directly.
(g) Failure to submit documentation when directed
to do so shall constitute a violation of these rules.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1308.08 Receipt of Academic
Instruction.
(a)
A licensee may claim credit towards the continuing competence
requirement for successful completion of an academic course in one or more of
the regulated MIRT professions, provided that the course work is sponsored and
assigned credit by an accredited institution.
(b)
The licensee may claim 5 hours towards the required total for each
academic credit of course work described in (a), above.
(c)
Documentation of successful completion of academic course work shall be:
(1) An official transcript showing successful
completion of the course, the date of the course, and the credits earned; and
(2) One of the following descriptions of the
course:
a. The description of the course copied from the
institution’s catalog; or
b. A photocopy of the course syllabus or outline
that includes a description of the course and the course competencies.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.09 Non-Academic Courses, Seminars,
Conferences, and Workshops.
(a)
A licensee may claim credit towards the continuing competence
requirement for the successful completion of non-academic courses, seminars,
conferences, and workshops in medical imaging or radiation therapy,
provided that the program is presented as live programming as defined in Plc
1302.
(b)
The licensee may claim one hour for each clock
hour of attendance.
(c)
Documentation of successful completion of non-academic courses,
seminars, conferences, and workshops shall be an official certificate showing:
(1) The licensee’s name;
(2) The name and location of the course, seminar,
conference, or workshop;
(3) The name of the provider or sponsoring
entity;
(4) The beginning and ending date(s) of the
program, course, seminar, conference, or workshop;
(5) The number of hours credited by the provider
or sponsoring entity or the brochure showing the scheduled hours; and
(6) The signature or stamp of the speaker, the
instructor, or a representative of the provider or sponsoring entity.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.10 Facility-Based In-Service Training.
(a)
A licensee may claim credit towards the continuing competence
requirement for participation in, or attendance at, a facility-based training
consisting of continuing education lasting 2 hours or less.
(b)
The licensee may claim one contact hour for each clock hour of
participation or attendance, to a maximum of 4 hours per renewal cycle.
(c)
Documentation of participation in, or attendance at, a facility-based
in-service training shall be a memo from the licensee’s supervisor stating:
(1) The licensee’s name;
(2) The name of the facility;
(3) The date and duration of the in-service
training;
(4) The topic of the in-service training; and
(5) The licensee’s hours of attendance, if less
than the training’s duration.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.11 Publication of Writing Related to Medical Imaging
or Radiation Therapy.
(a)
A licensee may claim credit towards the continuing competence
requirement for the publication of a licensee’s writing related to medical
imaging or radiation therapy, including books, peer-reviewed and non-peer-reviewed
chapters of books, and peer-reviewed and non-peer-reviewed articles.
(b) The licensee may claim no more than 12 contact hours per renewal cycle in
accordance with the following:
(1) For a
book:
a. If the
licensee was the sole or primary author, 12 contact hours; and
b. If the
licensee was a co-author or secondary author, 6 contact hours;
(2) For a
peer-reviewed chapter of a book or a peer-reviewed article:
a. If the
licensee was the sole or primary author, 6 contact hours; and
b. If the
licensee was a co-author or secondary author, 3 contact hours; and
(3) For a
non-peer-reviewed chapter or article:
a. If the
licensee was the sole or primary author, 4 contact hours; and
b. If the
licensee was a co-author or secondary author, 2 contact hours.
(c)
Documentation of the publication of a licensee’s writing related to
medical imaging or radiation therapy shall be:
(1) Any item showing:
a. The title of the writing;
b. The date of publication;
c. Whether the writing was peer-reviewed; and
d. Whether the licensee was a sole or primary
author of the published writing; and
(2) A photocopy of:
a. The cover or the dust jacket of the
licensee’s published book; or
b. The licensee’s published chapter or article.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.12 Professional Presentations Relating to
Medical Imaging or Radiation Therapy.
(a)
A licensee may claim credit towards the continuing competence
requirement for professional presentations relating to medical imaging or
radiation therapy, including workshops, lectures, and in-service trainings,
made to other professionals or to the public.
(b)
The licensee may claim 2 hours for each clock hour of a presentation, to
a maximum of 8 hours per renewal cycle, provided that if the licensee gives
substantially the same presentation more than once, the licensee shall receive
credit for a single presentation only.
(c)
Documentation of a professional presentation relating to medical imaging
or radiation therapy made to other professionals or to the public shall be:
(1) The official program of the presentation;
(2) A written statement signed by a
representative of the program’s sponsor including:
a. The title of the presentation;
b. The name of the licensee as presenter;
c. The date of the presentation;
d. The hours during which the presentation took
place; and
e The type of audience
attending the presentation; or
(3) A program brochure showing the information
described in (2) above.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.13 Participation in the Work of Professional
Boards and Committees.
(a)
A licensee may claim credit towards the continuing competence requirement
for participating as a member in the work of a board or committee of a
professional medical imaging and radiation therapy organization or government
agency related to the practice of medical imaging.
(b)
The licensee may claim 2 hours for each board or committee on which the
licensee serves or served, to a maximum of 4 hours per renewal cycle.
(c)
Documentation of participation in the work of a professional board or
committee as a member shall be a letter conforming to (d), below, and issued
by:
(1) The authority appointing the licensee to the
board or committee; or
(2) The chair or chair-equivalent of the board or
committee, provided that if the licensee is the chair or chair-equivalent, the
letter shall be issued by 2 members of the board or committee.
(d)
The letter shall:
(1) Establish the appointment of the licensee to
the board or committee or identify
the
beginning and ending dates of the licensee’s participation; and
(2) Be signed by the chair or chair-equivalent of
the board or committee, provided that if the licensee is the chair or
chair-equivalent, the letter shall be signed by 2 members of the board or
committee.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.14 Completion of Self-Directed Education.
(a)
A licensee may claim credit towards the continuing competence
requirement for completing self-directed education as defined in Plc 1302,
provided that the course sponsor or provider issues the documentation described
in (c), below.
(b)
The licensee may claim the hours attributed by the course sponsor or
provider.
(c)
Documentation of self-directed education shall be:
(1) An official transcript showing successful
completion of the course, the date of the course, and the credits earned; or
(2) The official certificate of completion issued
to the licensee by the course sponsor or provider showing:
a. The licensee’s name;
b. The name of the course;
c. The name of the provider or sponsor;
d. The beginning and ending date(s) of the
course, if applicable;
e. The number of contact hours credited by the
provider or sponsor; and
f. The printed name and signature or stamp of
the instructor or a representative of the provider or sponsor.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.15 Teaching a Medical Imaging or Radiation
Therapy Academic Course.
(a)
A licensee may claim credit towards the continuing competence
requirement for teaching an academic course relevant to the medical imaging or
radiation therapy profession.
(b)
The licensee may claim 2 hours for each clock hour of teaching, to a
maximum of 8 hours per renewal cycle, provided that:
(1) The course is sponsored by an accredited
institution;
(2) If the licensee gives substantially the same
course more than once during the renewal cycle, the licensee shall claim credit
for a single presentation of the course only; and
(3) If the licensee gives a course that includes
a lab component, the licensee shall not claim credit for repeating a
presentation in the laboratory.
(c)
Documentation of medical imaging teaching shall be:
(1) For each course taught, a copy of the
institution’s catalog showing a description of the course; and
(2) A dated letter of confirmation or appointment
signed by an official of the institution sponsoring the course(s).
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.16 Receipt of Infection Control Education.
(a)
A licensee may claim credit towards the continuing competence
requirement for receiving infection control education.
(b)
The licensee may claim one contact hour for each clock hour spent in
receipt of infection control education, to a maximum of 2 hours per renewal
cycle.
(c)
Documentation of a licensee’s receipt of infection control education
shall be:
(1) A certificate showing:
a. The title or subject matter of the education;
and
b. The receipt of the education by the licensee;
or
(2) A statement signed by the supervisor of the
facility where the course took place providing the information described in
(1), above.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1308.17 Receipt of Radiation Safety Education.
(a)
A licensee may claim credit towards the continuing competence
requirement for completing a radiation safety course.
(b)
The licensee may claim one hour for each clock hour spent in receipt of radiation
safety education, to a maximum of 3 hours per renewal cycle.
(c)
Documentation of a licensee’s completion of radiation safety education
shall be a document or certificate of completion of the radiation safety course
issued by the sponsor of the course.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
PART Plc 1309 RENEWAL OF LICENSES; REINSTATEMENT
Plc
1309.01 Eligibility
for License Renewal.
A licensee shall be eligible for license renewal if the
licensee:
(a)
Continues to meet the applicable qualifications in Plc 1304;
(b)
Has submitted a complete application as specified in Plc 1309.03 that
demonstrates the applicant has complied with the licensee obligation to
maintain certification and registration or continuing education requirements
specified in Plc 1308.02, as applicable, and is of good character; and
(c) Meets the eligibility for renewal criteria
specified in Plc 308.02.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1309.02 Notification of Pending License Expiration.
(a)
At least 60 days prior to the expiration of a license issued pursuant to
RSA 328-J and Plc 1300 or rules of the predecessor board in title Mirt, the licensing bureau shall:
(1) Notify, in writing to the licensee’s designated
email address, each licensee whose license is expiring that:
a. The license is due to expire; and
b. Failure to file a complete and timely
application for renewal shall result in the license expiring; and
(2) Include with the notice a copy of the
application identified in Plc 1309.03(a) or, when the application becomes
available on-line, a registration code for the licensee to use to renew
on-line.
(b)
A licensee who wishes to renew a license who does not receive an
application or registration code shall contact OPLC customer support at CustomerSupport@oplc.nh.gov
to obtain an application or code.
(c)
If a licensee fails to file a renewal application on or before the expiration
of the license or files an incomplete renewal application then fails to file
what is needed to complete it by the last day of the month of expiration, the
license shall expire.
(d)
A licensee whose license has expired shall not practice any of the
regulated MIRT professions
in New Hampshire unless and until the individual’s license has been reinstated.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1309.03 Applying for License Renewal. A licensee who wishes to renew a license to
practice a regulated MIRT profession shall submit to the licensing bureau:
(a)
A completed “Universal Application for License Renewal” dated March
2023, as tailored for MIRT licenses, that provides the information required by
Plc 308.06 and Plc 1309.04 and is signed and certified as specified in Plc
308.08;
(b)
The information and documentation required by Plc 308.07, as applicable;
(c)
For other than limited x-ray machine operator license renewal,
documentation of current certification and registration as required by the
applicable provision in Plc 1304.02 through Plc 1304.10;
(d)
Evidence of good character in the form of answers to the background and
character questions listed in Plc 308.06(e);
(e)
For limited x-ray machine operators, the information and certification
relative to meeting continuing education requirements specified in Plc 1309.05;
(f)
For applicants to renew a radiologist assistant license, updated
clinical protocols that meet the requirements of Plc 1304.06(c); and
(g)
The application processing and licensing fee specified in Plc 1002,
provided that an applicant applying to renew as active military
or a military spouse shall not pay the fee.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1309.04 Information Required for Renewal
Application. An applicant for
renewal of a license to practice a regulated MIRT profession shall provide the
information required by Plc 308.06, provided that when identifying the
profession for which application is being filed, the applicant shall identify the specific regulated MIRT
profession in which the applicant is seeking license renewal.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1309.05 Information and Attestation Relative to
Continuing Competence.
(a)
An applicant for renewal of a limited x-ray machine operator license
shall provide the following information relative to continuing competence:
(1) The total number of hours achieved by the
applicant in continuing education courses or other activities since the
beginning of the current license term; and
(2) The following information for each continuing
education course and activity for which credit is claimed:
a. The name of the course or activity;
b. The beginning and ending date(s) of the
course or activity;
c. The name of the sponsor or provider of the
course or activity; and
d. The total number of hours attributable to the
course or activity.
(b)
Submission of the information shall constitute the applicant’s
attestation that the applicant has met all continuing education requirements.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1309.06 Initial Review of Renewal Applications. Within 30 days of receipt of an
application submitted pursuant to Plc 1309.03, the licensing
bureau
shall process the application as provided in Plc 308.09.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1309.07 Withdrawal
or Abandonment of Renewal Application.
(a) An applicant may withdraw an application to
renew a license at any time prior to being notified of a decision under Plc 1309.08, by complying with Plc 308.10.
(b) A renewal application shall be deemed to be
abandoned if the applicant files an incomplete application and does not provide
all information necessary to complete the application when directed to do so
pursuant to Plc 308.09.
(c) If the application is withdrawn or abandoned,
the application processing and licensing fee shall not be refunded.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1309.08 Review of Complete Renewal Applications;
Decisions.
(a) The licensing
bureau shall
review complete applications as provided in Plc 308.11.
(b) The licensing
bureau shall
renew the license of any applicant who meets the eligibility criteria specified
in Plc 1309.01.
(c) The licensing bureau shall notify the
applicant of the decision on the application in writing sent to the applicant’s
designated email address.
(d) If the licensing bureau determines that the
applicant has not demonstrated that requirements to obtain a license are met,
then:
(1)
The licensing bureau shall deny the application; and
(2)
The notice sent pursuant to (c), above, shall inform the applicant that
the denial shall become final in 30 days unless the applicant requests a
hearing in writing within 30 days.
(e) If the application is denied, the application
processing and licensing fee shall not be refunded.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1309.09 Challenging a Denial of
License Renewal. An applicant who
wishes to challenge the denial of an application for license renewal shall do
so as provided in Plc 308.12.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1309.10 Renewal Licenses: Issuance
and Duration.
(a) Each renewal license to practice a regulated
MIRT profession issued by the OPLC shall specify:
(1)
The name of the licensee;
(2)
The effective dates of the license;
(3)
The license number; and
(4)
The regulated MIRT profession the licensee is authorized to practice.
(b) Renewal licenses shall:
(1)
Expire 2 years from the date the license was issued unless a timely and
complete renewal application is filed or the license
is sooner suspended or revoked pursuant to Plc 1311; and
(2)
Be subject to renewal biennially.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1309.11 Reinstatement of a License After
Expiration.
(a)
An individual whose license has expired shall not practice in New
Hampshire unless and until the individual has obtained a license in accordance
with RSA 328-J and Plc 1300.
(b)
An individual whose license has expired who wishes to obtain a license
in New Hampshire shall:
(1) Apply for a renewal license in accordance
with Plc 1309.03, including demonstrating that the applicant is certified by
the applicable credentialing organization and has met the continuing competence
requirements specified in Plc 1308.06; and
(2) As required by RSA 328-J:7-a, I, obtain a
criminal records check using the process established by the NHDOS for
requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or
directly at https://services.dos.nh.gov/chri/cpo/,
including paying any required fee and directing that the results be sent to the
OPLC.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1309.12 Reinstatement of a License Previously
Suspended or Revoked.
(a)
An individual whose license was suspended pursuant to Plc 1311, or whose
license was suspended by the New Hampshire board of medical imaging and radiation
therapy prior to July 19, 2022, who wishes to have the license reinstated
shall:
(1) If the request is made before the expiration
date of the suspended license, submit a written request to the licensing bureau
that demonstrates compliance with all conditions of the suspension order and
plan of correction, including completing any additional continuing competence
activities and paying any monetary penalties imposed, but not paying an
additional application or reinstatement fee; or
(2) If the request is made after the expiration
date of the suspended license:
a. Submit an application
for renewal, including paying the application processing and licensing fee
and demonstrating all requirements for renewal have been met;
b. Pay all monetary penalties imposed, if any;
c. Pay the costs associated with the suspension,
if imposed pursuant to RSA 310:12, V or other
applicable law; and
d. Demonstrate that all conditions imposed in
the suspension order have been met.
(b)
An individual whose license was revoked pursuant to Plc 1311, or whose
license was revoked by the New Hampshire board of medical imaging and radiation
therapy prior to July 19, 2022, who wishes to have the license reinstated
shall:
(1) Submit an application
for renewal licensure in accordance with Plc 1309.03, including demonstrating
that the applicant is certified by the applicable credentialing organization
and has met the continuing competence requirements specified in Plc 1308.06;
(2) As required by RSA 328-J:7-a, I, obtain a
criminal records check using the process established by the NHDOS for
requesting a criminal records check, accessible via the NHDOS website at https://www.nh.gov/safety/ or
directly at https://services.dos.nh.gov/chri/cpo/,
including paying any required fee and directing that the results be sent to the
OPLC; and
(3) Demonstrate that:
a. All conditions imposed in the revocation
order have been met;
b. All monetary penalties imposed have been
paid; and
c. The revocation has been in effect for at
least 2 years after the date of the order revoking the license, as required by
RSA 328-J:19, III.
(c)
If the licensing bureau makes a preliminary determination based on the
information submitted by the applicant that the applicant does not qualify for
a license or does not qualify for an unrestricted license, the licensing bureau
shall refer the matter to the executive director, who shall initiate an
adjudicative proceeding pursuant to Plc 200 to determine whether to deny the
application or to reinstate the license with conditions.
(d)
A license shall not be granted to an individual who previously held a
license whose license was suspended or revoked unless and until the individual
has:
(1) Complied with any requirements that are part
of the suspension or revocation order;
(2) Paid all monetary penalties imposed, if any;
(3) Paid the costs associated with the suspension
or revocation, if imposed pursuant to RSA 310:12, V or
other applicable law; and
(4) Demonstrated that the individual meets all
other requirements for a renewal license.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
PART Plc
1310 ETHICAL AND PROFESSIONAL STANDARDS
Plc
1310.01 Purpose and Applicability.
(a) The purpose of this part is to establish
ethical and professional standards to maintain a high standard of integrity,
skills, and practice in the regulated MIRT
professions.
(b) These rules shall be binding upon each individual who is licensed in any of the regulated MIRT professions in New Hampshire.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1310.02 National Codes of Ethics as
Binding Ethical Standards.
(a) Limited x-ray machine operators shall comply
with the “ARRT Standards of Ethics,” effective September 1, 2021, available at https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 and as noted in Appendix B.
(b) Magnetic resonance technologists shall comply
with the following codes of ethics, as applicable:
(1)
If certified by the American Registry of Radiologic Technologists, the
“ARRT Standards of Ethics,” effective September 1, 2021, available at https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 and as noted in Appendix B; or
(2)
If certified by the American Registry of Magnetic Resonance Imaging
Technologists, the “ARMRIT Code of Ethics”, available as noted in Appendix B or
as accessed and reprinted in Appendix D on March 23, 2023;
(c) Nuclear medicine technologists shall comply
with the Code of Ethics at lines 98-137 of the “Nuclear Medicine Technologist
Scope of Practice and Performance Standards,” 2nd Ed., approved June 9, 2022 by
the Society of Nuclear Medicine and Molecular Imaging Technologist Section,
available at http://www.snmmi.org/IssuesAdvocacy/content.aspx?ItemNumber=6416&navItemNumber=592 and as noted in Appendix B;
(d) Radiation therapists shall comply with the
“ARRT Standards of Ethics,” effective September 1, 2021, available at https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 and as noted in Appendix B.
(e) Radiographers shall comply with the following
codes of ethics, as applicable:
(1)
If certified by the American Registry of Radiologic Technologists, the
“ARRT Standards of Ethics,” effective September 1, 2021, available at https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 and as noted in Appendix B; or
(2)
If certified by Cardiovascular Credentialing International (CCI), the
CCI “Policy 10A, Code of Ethics”, last revised 1/16, available at https://cci-online.org/why-cci/bylaws-policies/, scroll down to Policy
– Ethics-Disciplinary Policy and Committee.pdf and as noted in Appendix B.
(f) Radiologist assistants shall comply with the
“ARRT Standards of Ethics,” effective September 1, 2021, available at https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 and as noted in Appendix B; and
(g) Sonographers shall comply with the following
codes of ethics, as appropriate:
(1)
If certified by the American Registry of Diagnostic Medical Sonography,
the Society of Diagnostic Medical Sonography’s “Code of Ethics for the
Profession of Diagnostic Medical Sonography” as reapproved by the board of
directors of the Society for Diagnostic Medical Sonography February 8, 2017, http://www.sdms.org/about/who-we-are/code-of-ethics, available as noted in Appendix B;
(2)
If certified by the American Registry of Radiologic Technologists, the
“ARRT Standards of Ethics,” effective September 1, 2022, https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12, available as noted in Appendix B;
or
(3)
If certified by Cardiovascular Credentialing International, the CCI
“Policy 10A, Code of Ethics”, https://cci-online.org/why-cci/bylaws-policies/, scroll down to Policy
– Ethics-Disciplinary Policy and Committee.pdf, last revised 1/16, available as
noted in Appendix B.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1310.03 Additional Licensee Obligations. Each person to whom these standards apply
also shall:
(a)
Comply with RSA 328-J, Plc 307.04 as effective May 1, 2023, as reprinted
in Appendix F, and Plc 1300;
(b)
Comply with any disciplinary or remedial orders issued by the executive
director within the time periods specified;
(c)
Interact with colleagues and clients with honesty and integrity;
(d)
Not misrepresent professional qualifications or credentials;
(e)
Cooperate with lawful investigations by the OPLC, and be candid and
truthful when providing information;
(f)
Be candid and truthful when making oral and written statements about
medical imaging to the public;
(g) Treat all individuals with whom the person
interacts in a professional capacity with respect and civility;
(h)
Maintain sexual boundaries by:
(1) Refraining from any behavior that exploits
the practitioner-patient relationship in a sexual way; and
(2) Avoiding any behavior that is sexual or
sexually demeaning, or that could be reasonably interpreted as such, even when
initiated by or consented to by a patient or a colleague;
(i) Not engage in hazing or sexual, verbal, or
physical harassment of any individual when interacting in a professional
capacity; and
(j)
Not discriminate based on age, sex, gender identity, race, creed, color,
marital status, familial status, physical or mental disability, or national
origin.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
PART Plc 1311 PROCEDURES; DISCIPLINARY ACTIONS
Plc 1311.01 Rules of Practice and Procedure. The rules in Plc 200 shall govern procedures
for any of the following that are not subject to specific provisions in RSA
328-J:
(a)
The receipt of misconduct complaints and the investigation thereof;
(b)
The conduct of disciplinary proceedings, including emergency
proceedings;
(c)
Waivers;
(d)
Voluntary surrender of licenses; and
(e)
Any other procedures not included in this chapter.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1311.02 Definitions. For purposes of this part, the following
definitions shall apply:
(a)
“Respondent” means the person against whom a disciplinary sanction is
proposed to be imposed; and
(b)
“Sexual misconduct” means engaging in one or more of the following
activities with respect to a current patient who is not a spouse or domestic
partner:
(1) Engaging in sexual relations, whether
consensual or non-consensual;
(2) Making verbal or physical sexual advances;
(3) Using sexual language or phrases;
(4) Requesting sexual favors; or
(5) Engaging in physical contact of a sexual
nature.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1311.03 Misconduct. Misconduct shall be:
(a)
Any conduct listed in RSA 328-J:19, I, reprinted in Appendix E;
(b)
Knowingly, recklessly, or negligently providing inaccurate material
information to the OPLC or failing to provide complete and truthful material
information upon inquiry by an authorized representative of the OPLC, including
during the process of applying for an initial license, a license renewal, or
the reinstatement of a license;
(c)
Conviction without annulment in any jurisdiction of any criminal offense
that:
(1) Constitutes a sexual offense;
(2) Constitutes a violation of controlled
substance law; or
(3) Involves:
a. Injury or the potential for injury to a
victim; or
b. Dishonesty;
(d)
Failing to report a conviction described in (b), above, within 30 days
as required by Plc 1308.03;
(e)
Violating any applicable ethical or professional standard specified in
Plc 1310;
(f)
Engaging in sexual misconduct;
(g)
Engaging in the practice of a regulated MIRT profession despite actual or
potential inability to render care with reasonable skill and safety by reason
of any impairment, including but not limited to physical or mental illness or
use of alcohol, drugs, or any other substance that adversely affects human
health;
(h)
Being subject to final disciplinary action by:
(1) A regulatory authority in another domestic or
foreign jurisdiction; or
(2) The applicable credentialing organization;
(i) Failing to take appropriate action to
safeguard individuals from incompetent counselors and health care
practitioners, whether or not they are licensed in
this state;
(j)
Practicing a regulated MIRT profession without a current license; and
(k)
Violating:
(1) Any provision of RSA 328-J;
(2) Any provision of the rules in title Mirt if
the violation occurred prior to July 26, 2022;
(3) Any provision of Plc 1300; or
(4) Any state or federal law reasonably related
to the licensee’s authority to practice or the licensee’s ability to practice
safely.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1311.04 Sanctions. Pursuant to RSA 328-J:19, II, disciplinary
actions available to the executive director to sanction misconduct shall be:
(a)
Requiring the respondent to participate in continuing education in the
area(s) in which the respondent has been found deficient;
(b)
Issuing a written reprimand;
(c)
Imposing limitations or restrictions on the respondent, including but
not limited to practicing under the direct supervision of a medical imaging
professional or radiation therapist for a period of time
determined to be reasonable based on the nature and severity of the misconduct;
(d)
Putting the respondent on probation for a period of
time determined to be reasonable based on the nature and severity of the
misconduct;
(e)
Suspending the respondent’s license;
(f)
Revoking or refusing to renew the respondent’s license; and
(g)
Assessing a monetary penalty in the amount established pursuant to Plc
1311.10.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1311.05 Procedures for Imposing Sanctions.
(a)
Other than immediate license suspension authorized by RSA 328-J:9 or RSA
541-A:30, III, the executive director shall impose disciplinary sanctions only:
(1) After prior notice to the licensee in
accordance with Plc 206 and the opportunity for the licensee to be heard; or
(2) By agreement between the executive director
and the licensee that is reflected in a consent order.
(b) Copies of orders imposing disciplinary
sanctions and copies of all settlement agreements or consent decrees shall be
sent to the licensing body of each jurisdiction in which the respondent is
licensed, to the respondent’s credentialing organization, and to such other
entities, organizations, associations, or boards as are required to be notified
under applicable state or federal law.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1311.06 Method for Determining Sanctions.
(a)
To determine which sanction or combination of sanctions to impose, the
executive director shall:
(1) Refer to the list in Plc 1311.03 to determine
the nature of the act(s) or omission(s) constituting the misconduct committed
by the licensee;
(2) Determine whether any aggravating or
mitigating circumstances are present, as provided in (b) and (c), below; and
(3) Apply the standards in Plc 1311.07.
(b) The following shall be considered aggravating
circumstances:
(1)
The rule or statute violated was clear as to what was required or
prohibited;
(2)
The respondent has a record of disciplinary sanctions being imposed;
(3)
The respondent committed the misconduct intentionally or recklessly;
(4)
The respondent did not cooperate during the investigation and
adjudicative proceeding; and
(5)
The misconduct caused actual harm or posed a material threat of harm to
patients, colleagues, or the public.
(c) The following shall be considered mitigating
circumstances:
(1)
The respondent does not have a record of prior discipline;
(2)
The respondent committed the misconduct negligently or inadvertently;
(3)
The respondent cooperated fully during the investigation and
adjudicative proceeding;
(4)
The respondent acknowledged that the identified actions constituted
violations; and
(5)
The rule or statute violated was arguably unclear.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1311.07 Standards for the Selection of Sanctions. The executive director shall select
appropriate sanction(s):
(a)
From the list in Plc 1311.04; and
(b)
By choosing, in light of the characteristics or
lack of characteristics determined pursuant to Plc 1311.06(b), the sanction(s)
most likely to:
(1) Protect public health and safety;
(2) Prevent future misconduct by the respondent;
(3) Take into account
any acknowledgement of fault by the respondent and any cooperation by the
respondent with the investigation of misconduct;
(4) Correct any attitudinal, educational, or
other deficiencies that contributed to the misconduct;
(5) Encourage the responsible practice of the
regulated MIRT profession; and
(6) Demonstrate to the respondent, other
licensees in the regulated MIRT profession, and the public the executive
director’s intent to ensure that licensees in a regulated MIRT profession
practice in accordance with applicable law to support and protect public safety
and welfare.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1311.08 Unauthorized Practice. When the executive director determines that
one of the following measures is likely to be the most effective way to stop
unlicensed practice as described in RSA 328-J:10, the executive director shall:
(a)
Issue a cease and desist order against the
person or entity engaged in the unauthorized practice; or
(b)
Seek an injunction against such person or entity as authorized by RSA
328-J:21.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc 1311.09 Conditions of License Suspension or
Revocation.
(a)
If a license is suspended, the licensee shall prepare and submit a plan
of correction to address each violation that provided a basis for the
disciplinary proceeding.
(b)
The executive director shall review the submitted plan of correction
and:
(1) Approve the plan, if
it:
a. Addresses each violation that provided a
basis for the disciplinary proceeding; and
b. Identifies one or more specific actions that
the license shall take and specifies a deadline for taking each action that is
reasonable based on the nature of the action to be taken; or
(2) Return the plan to the licensee for revision
and resubmission if the plan does not meet the requirements for approval
specified in (1), above.
(c)
A licensee whose license was suspended may request the license to be
reactivated after the conditions specified in the suspension order have been
met in accordance with Plc 1309.12(a).
(d)
If a license is revoked, any subsequent application for licensure shall
include a plan of correction that addresses each violation that provided a
basis for the disciplinary proceeding.
(e)
An individual whose license has been revoked and who wishes to reapply
for a license shall apply as for license reinstatement in accordance with Plc
1309.12(b).
(f)
A license shall not be granted to an individual who previously held a
license but whose license was revoked unless and until the individual has
complied with the requirements on which the revocation was based and has paid
the costs associated with the revocation, if imposed
pursuant to RSA 310:12, V or other applicable law.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Plc
1311.10 Determination of Monetary
Penalties.
(a) Monetary penalties for
violations as specified in Plc 1311.03 shall
not exceed the following amounts, and in no event shall exceed $2,500 per
violation:
(1)
When no violation of any type has occurred during a period of licensure
within the 5 years prior to the executive director’s notice to the respondent,
the fine assessed shall not exceed the greater of $100 per day or $1,000 per
violation;
(2)
When a violation other than a violation of the same type has occurred
during a period of licensure within the 5 years prior to the executive
director’s notice to the respondent, the fine assessed shall not exceed the
greater of $200 per day or $1,500 per violation;
(3)
When a single violation of the same type has occurred during a period of
licensure within the 5 years prior to the executive director’s notice to the
respondent, the fine assessed shall not exceed the greater of $250 per day or
$2,000 per violation; and
(4)
When more than one violation of the same type has occurred during a
period of licensure within the 5 years preceding the executive director’s
notice to the respondent, the fine assessed shall not exceed the greater of
$300 per day or $2,500.
(b) If a respondent has committed more than one
violation of the same requirement or standard, a separate fine shall be
assessed for each occurrence, but the total amount of the fine and the
respondent’s promptness and cooperativeness in ceasing the prohibited conduct
in question shall be considered in assessing the fines.
(c) A course of continuous conduct shall be
treated as a single violation for purposes of (a), above.
Source.
(See Revision Note at chapter heading for Plc 1300) #13701, eff 8-1-23
Appendix A:
State Statutes Implemented
|
Rule |
State
Statute(s) Implemented |
|
Plc 1300 (see below for more
specific and additional statutes) |
RSA 328-J |
|
Plc 1303 |
RSA 328-J:3 |
|
Plc 1304 |
RSA 328-J:11 |
|
Plc 1305 |
RSA 328-J:7-a; RSA 328-J:10; RSA
328-J:13 |
|
Plc 1306 |
RSA 328-J:13, II |
|
Plc 1307 |
RSA 328-J:12 |
|
Plc 1308 |
RSA 328-J:17; RSA 328-J:15 |
|
Plc 1309 |
RSA 328-J:15 |
|
Plc 1310 |
RSA 328-J:7, IV |
|
Plc 1311 |
RSA 328-J:19; RSA 328-J:20 |
Appendix B:
Incorporated Documents
|
Rule(s) |
Incorporated
Reference |
Obtain
at: |
|
Plc
1307.11 |
“Magnetic
Resonance Practice Standards”, found in “The ASRT Practice Standards for
Medical Imaging and Radiation Therapy” dated
June 26, 2022 |
American
Society of Radiologic Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards;
click on “Read The ASRT Practice Standards for Medical Imaging and Radiation
Therapy”, then scroll down to “Magnetic Resonance Practice
Standards” |
|
Plc
1307.04(a) |
“Nuclear
Medicine Practice Standards”, found in “The ASRT Practice Standards for
Medical Imaging and Radiation Therapy” dated June 26, 2022 |
American
Society of Radiologic Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards;
click on “Read The ASRT Practice Standards for Medical Imaging and Radiation
Therapy”, then scroll down to “Nuclear Medicine Practice Standards” |
|
Plc 1307.04(b) |
“Nuclear
Medicine Technologist Scope of Practice and Performance Standards”, 2nd
Edition, approved June 9,
2022 |
Society
of Nuclear Medicine & Molecular Imaging; go to http://www.snmmi.org/ClinicalPractice/content.aspx? |
|
Plc 1307.05 |
“Radiation Therapy Practice
Standards”, part of “The ASRT Practice Standards for Medical Imaging and
Radiation Therapy” dated June 26, 2022
|
American Society of Radiologic
Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards; click on “Read The ASRT
Practice Standards for Medical Imaging and Radiation Therapy”, then scroll
down to “Radiation Therapy Practice Standards” |
|
Plc 1307.06 |
ASRT’s “Radiography Practice
Standards”, part of “The ASRT Practice Standards for Medical Imaging and
Radiation Therapy” dated June 26, 2022 |
American Society of Radiologic
Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards click on “Read The ASRT Practice Standards for Medical
Imaging and Radiation Therapy”, then scroll down to “Radiography Practice
Standards” |
|
Plc 1307.07(a) |
“Radiologist Assistant Practice
Standards”, part of “The ASRT Practice Standards for Medical Imaging and
Radiation Therapy” dated June 26, 2022 |
American Society of Radiologic
Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards click on “Read The ASRT Practice Standards for Medical
Imaging and Radiation Therapy”, then scroll down to “Radiologist Assistant Practice Standards” |
|
Plc 1307.08(a) Plc 1307.08(c) |
“Scope
of Practice and Clinical Standards for the Diagnostic Medical
Sonographer” dated 04-13-15 |
Society of Diagnostic Medical Sonography Available at http://www.sdms.org/about/who-we- |
|
Plc 1307.08(b) |
“Sonography Practice Standards”, part of “The ASRT Practice Standards for Medical Imaging and Radiation Therapy” dated June 26, 2022 |
American Society of Radiologic
Technologists; go to https://www.asrt.org/main/standards-regulations/practice-standards/practice-standards click on “Read The ASRT Practice Standards for Medical
Imaging and Radiation Therapy”, then scroll down to “Sonography Practice Standards” |
|
Plc 1307.09(a) |
“Scope
of Practice for the Registered
Cardiovascular Electrophysiology Specialist (RCES)”,
2017 |
Alliance of Cardiovascular
Professionals |
|
Plc 1307.10(a) |
“Scope
of Practice for the Registered
Cardiovascular Invasive
Specialist (RCIS)”, 2018 |
|
|
Plc 1310.02(a), (b)(1), (d), (e)(1), (f), & (g)(2) |
effective
September 1, 2021 |
American Registry of Radiologic
Technologists; go to https://www.arrt.org/docs/default-source/Governing-Documents/arrt-standards-of-ethics.pdf?sfvrsn=12 |
|
Plc 1310.02(b)(2) |
“ARMRIT Code of Ethics” (undated) |
American
Registry of Magnetic Resonance Imaging Technologists; go to https://www.armrit.org/index.php,
then scroll to the bottom of the page and click on “Code of Ethics”
or see Appendix D |
|
Plc 1310.02(c) |
“Nuclear Medicine Technologist
Scope of Practice and Performance Standards,” 2nd Ed., 06-09-22, lines 98-137 |
Society of Nuclear Medicine and
Molecular Imaging Technologist Section; found at http://www.snmmi.org/IssuesAdvocacy/content.aspx? |
|
Plc 1310.02(e)(2) & (g)(3) |
CCI
“Policy 10A, Code of Ethics”
last revised 1/16 |
Cardiovascular Credentialing
International; go to https://cci-online.org/why-cci/bylaws-policies/ then
scroll down to
Policy
– Ethics-Disciplinary Policy and |
|
Plc 1310.02(g)(1) |
“Code of
Ethics for the Profession of
Diagnostic Medical Sonography”, re-approved by SDMS Board of
Directors, effective 02/08/2017 |
Society of Diagnostic Medical
Sonography; http://www.sdms.org/about/who-we-are/code-of-ethics |
Appendix C:
O*NET Online Tasks for ARMRIT-Certified Licensed
Magnetic Resonance Technologists
Tasks
· Operate magnetic resonance imaging (MRI)
scanners.
· Select appropriate imaging techniques or
coils to produce required images.
· Intravenously inject contrast dyes, such as
gadolinium contrast, in accordance with scope of practice.
· Position patients on cradle, attaching
immobilization devices, if needed, to ensure appropriate placement for imaging.
· Conduct screening interviews of patients to
identify contraindications, such as ferrous objects, pregnancy, prosthetic
heart valves, cardiac pacemakers, or tattoos.
· Explain magnetic resonance imaging (MRI)
procedures to patients, patient representatives, or family members.
· Provide headphones or earplugs to patients to
improve comfort and reduce unpleasant noise.
· Take brief medical histories from patients.
· Inspect images for quality, using magnetic
resonance scanner equipment and laser camera.
· Create backup copies of images by
transferring images from disk to storage media or workstation.
· Troubleshoot technical issues related to
magnetic resonance imaging (MRI) scanner or peripheral equipment, such as
monitors or coils.
· Write reports or notes to summarize testing
procedures or outcomes for physicians or other medical professionals.
· Test magnetic resonance imaging (MRI)
equipment to ensure proper functioning and performance in accordance with
specifications.
· Calibrate magnetic resonance imaging (MRI)
console or peripheral hardware.
· Instruct medical staff or students in
magnetic resonance imaging (MRI) procedures or equipment operation.
· Attach physiological monitoring leads to
patient's finger, chest, waist, or other body parts.
· Conduct inventories to maintain stock of
clinical supplies.
· Operate optical systems to capture dynamic
magnetic resonance imaging (MRI) images, such as functional brain imaging,
real-time organ motion tracking, or musculoskeletal anatomy and trajectory
visualization.
· Request sedatives or other medication from
physicians for patients with anxiety or claustrophobia.
· Connect physiological leads to physiological
acquisition control (PAC) units.
· Schedule appointments for research subjects
or clinical patients.
· Develop or otherwise produce film records of
magnetic resonance images.
· Place and secure small, portable magnetic
resonance imaging (MRI) scanners on body part to be imaged, such as arm, leg,
or head.
Appendix
D: ARMRIT Code of Ethics and Mission
Statement
Magnetic Resonance Imaging Technologists, as Certified
Technologists of an allied health care profession, must endeavor to always
practice their specialty with the highest ethical standards in mind. The
American Registry of Magnetic Resonance Imaging Technologists’ Board of
Directors adopted and enacted the following Guidelines:
1) The MRI
technologist shall provide quality service and patient care with empathy,
respect and concern for the rights, privacy and safety
of the patient.
2) The MRI
technologist shall always be aware of the precautions necessary and available
to anyone in the MRI environment in order to safeguard
the patient and others.
3) The MRI
technologist shall respect the confidentiality and never divulge patient
information to anyone not directly related to the care of the patient as
allowed by law.
4) The MRI
technologist shall adhere and comply with statutes, laws, regulations
or specifications that govern the medical imaging modality of magnetic
resonance imaging technology under federal, state and local law.
5) The MRI
technologist shall perform their assigned duties responsibly, accurately and competently, and professionally.
6) The MRI
technologist shall always endeavor to enhance and improve their knowledge of
the specialty and skills annually through formal and informal continuing
education.
7) The MRI
technologist shall not violate any laws.
8) The MRI technologist shall promote community
awareness of the importance of quality health care and participate in related
activities, whenever possible.
ARMRIT Mission Statement
The
mission of the American Registry of Magnetic Resonance Imaging Technologists
(ARMRIT) is to recognize individuals qualified as specialists in the use of
Magnetic Resonance Imaging (MRI) Technology which employs non-ionizing
radiation to promote high standards of patient care and safety in the
diagnostic medical imaging modality of MRI Technology including interventional
MRI, cardiovascular MRI, functional MRI, and MRI breast imaging. The Registry
is open to all qualified technologists in all imaging fields provided a formal
education has been completed through bonafide
established schools dedicated to MRI technologists.
Appendix
E: Referenced Statutory Provisions
328-J:19 Penalties.
–
I. The executive
director may deny, suspend, revoke, or refuse to renew a license or impose
probationary conditions on a license if the licensee or applicant for licensure
has engaged in any of the following conduct:
(a) Obtaining a
license by means of fraud, misrepresentation, or concealment of material facts.
(b) Engaging in
unprofessional conduct pursuant to rules adopted by the executive director.
(c) Having been
convicted of or pleaded guilty or nolo contendere to a crime involving moral
turpitude or any crime which indicates that the licensee or applicant is unfit
or incompetent to administer medical imaging or radiation therapy procedures or
that the licensee or applicant has deceived or defrauded the public.
(d) Engaging in any
act or practice in violation of any of the provisions of this chapter or any
rule adopted by the executive director or aiding, abetting, or assisting any
person in such a violation.
(e) Committing an act
or acts of malpractice, gross negligence, or incompetence in administering
medical imaging or radiation therapy procedures.
(f) Practicing as a
person licensed to administer medical imaging or radiation therapy procedures
without a current license.
(g) Engaging in
conduct that could result in harm or injury to the public.
(h) Having a license
issued under this chapter revoked or suspended or other disciplinary action
taken, whether in this state or another jurisdiction.
(i)
Being unfit or incompetent to administer medical imaging or radiation therapy
services by reason of deliberate or negligent acts or omissions, regardless of
whether actual injury to a patient is established.
II. The executive
director, upon making an affirmative finding under paragraph I, may take
disciplinary action in any one or more of the following ways:
(a) By written
reprimand.
(b) By suspension,
refusal to renew, limitation or restriction of a license, or probation for a period of time determined to be reasonable by the
executive director.
(c) By revocation of
a license.
(d) By requiring the
person to participate in a program of continuing education in the area or areas
in which the person has been found deficient.
(e) By requiring the
person to practice under the direct supervision of a medical imaging
professional or radiation therapist for a period of time
specified by the executive director.
(f) By assessing
civil penalties, after notification and due process, in amounts established by
the executive director which shall not exceed $2,500 per offense or, in the
case of continuing offenses, $250 for each day the violation continues,
whichever is greater.
III. The denial,
refusal to renew, suspension, revocation, or imposition of probationary
conditions upon a license may be ordered by the executive director after a
hearing held in accordance with RSA 328-J:18 and rules adopted by the executive
director. An application may be made to the executive director for
reinstatement of a revoked license if the revocation has been in effect for at
least 2 years after the date of the executive director’s order revoking the
license.
Source. 2016, 54:2, eff. July 1, 2016.
2022, 104:6, eff. July 26, 2022.
328-J:25
Exemptions. –
Nothing in this chapter shall be construed to prevent or affect:
I. A licensed
practitioner performing medical imaging or radiation therapy procedures within
his or her scope of practice, education, training, and competence.
II. A registered
dental hygienist licensed under the laws of the state of New Hampshire
performing dental imaging procedures within his or her scope of practice,
education, training, and competence and under the supervision of a dentist
licensed under the laws of the state of New Hampshire.
III. A dental assistant
licensed or holding a certificate under the laws of the state of New Hampshire
performing dental imaging procedures within his or her scope of practice,
education, training, and competence and under the supervision of a dentist
licensed under the laws of the state of New Hampshire.
IV. A resident
physician or a student enrolled in and attending a school or college of
medicine, dentistry, osteopathy, chiropractic, podiatry, limited x-ray machine
operator, medical imaging, or radiation therapy who performs medical imaging or
radiation therapy procedures on humans while under the supervision of a
licensed practitioner or a person holding a license under this chapter in the
supervised modality.
V. A person
administering medical imaging or radiation procedures who is employed by the
United States government when performing duties associated with that
employment.
VI. A person licensed
under the laws of the state of New Hampshire performing a sonography procedure
within his or her scope of practice, education, training, and competence, that
is used to assess specific and limited information about a patient's immediate
medical condition, is limited to a focused imaging target and does not generate
a recorded diagnostic medical image. A focused imaging target includes, but is
not limited to:
(a) Assessment of
fetal presentation or heartbeat;
(b) Assessment of
fluid in a body cavity;
(c) Assessment of
foreign body position or location;
(d) Fetal monitoring
during active labor; or
(e) Identification of
an anatomical landmark or blood vessel for vascular access or administration of
anesthesia.
VII. A person
performing medical procedures or therapy on non-human subjects or cadavers.
VIII. A person
licensed under the laws of the state of New Hampshire performing a medical
procedure using ultrasound for a non-imaging purpose that is within his or her
scope of practice, education, training, and competence.
IX. A person licensed
to perform a medical imaging or radiation therapy modality, who is performing
clinical procedures under the supervision of a licensed practitioner or a
person holding a license under this chapter in the supervised modality, in
preparation for certification in an additional medical imaging or radiation
therapy modality. To receive this exemption, the person shall register with the
executive director and meet the requirements as specified in this chapter and
under the rules adopted by the board. The executive director may grant this
exemption for a period not to exceed 3 years and the exemption may be renewed
by the executive director.
Source. 2016, 54:2, eff. July 1, 2016.
2017, 217:1, eff. Sept. 8, 2017. 2022, 104:8, eff. July 26, 2022.
Appendix F:
Plc 307.04 as effective May 1, 2023
Plc 307.04 Obligations of Persons Subject to These Rules.
(a)
Each person subject to these rules shall comply with all applicable law.
(b)
In any application or other document filed with, or statement made to,
the licensing bureau or the applicable board, each person subject to these
rules shall provide information that, to the best of the person’s knowledge and
belief, is true, complete, and not misleading.
(c)
Each person subject to these rules shall cooperate with investigations
and requests for information from the OPLC and the applicable board, wherein
“cooperate” means to provide the information requested, answer any questions
posed, and allow inspections in order to enable the
OPLC or applicable board to determine compliance with applicable law.
(d)
Each person subject to these rules shall provide honest and accurate
information in reports prepared as part of practicing the profession in which
the person is authorized to practice.
(e)
Each person subject to these rules shall report evidence of professional
misconduct on the part of another licensee when that conduct poses a potential
threat to life, health, or safety.
(f)
Each person subject to these rules shall maintain sexual boundaries by:
(1) Refraining from any behavior that exploits
the professional-client or professional-patient relationship in a sexual way;
and
(2) Avoiding any behavior that is sexual,
seductive, suggestive, or sexually demeaning, or could be reasonably
interpreted as such, even when initiated by or consented to by the target of
the behavior.
(g)
Each person subject to these rules shall be truthful in publicly
representing or advertising himself or herself by avoiding the following:
(1) False, deceptive, or misleading statements;
(2) Unreasonable or exaggerated claims of
success;
(3) Guarantees of success;
(4) Claims or implications of professional
superiority or of training that cannot be substantiated; and
(5) Unsubstantiated claims of expertise or
certification of such in any specific areas of the scope of practice set forth
in applicable law.
(h)
Each person subject to these rules shall interact with colleagues and
clients with honesty and integrity.
(i) No person subject to these rules shall
misrepresent professional qualifications or credentials.
(j)
Each person subject to these rules shall treat all individuals with whom
the person interacts in a professional capacity with respect and civility.
(k)
No person subject to these rules shall engage in hazing or sexual,
verbal, or physical harassment of any individual when interacting in a
professional capacity.
(l)
No person subject to these rules shall discriminate based on age, sex,
gender identity, race, creed, color, marital status, familial status, physical
or mental disability, or national origin, or any additional class protected by
law.