TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 328-D
PHYSICIAN ASSISTANTS

Section 328-D:1

    328-D:1 Definitions. –
In this chapter:
I. "Applicant" means a physician assistant who has submitted an application for licensure.
II. "Board" means the board of medicine.
III. "Physician assistant" or "P.A." means a person qualified both by academic and practical training in a program approved by the board to provide patient services under the supervision and direction of a licensed physician in a variety of medical care settings.

Source. 1989, 290:1. 1995, 286:26, eff. Jan. 1, 1996.

Section 328-D:2

    328-D:2 License Required. –
I. No person shall practice as a physician assistant in the state of New Hampshire unless he or she is licensed by the board of medicine in accordance with this chapter.
II. This section shall not be construed to prohibit students enrolled in physician assistant training programs approved by the board, from performing work incidental to their respective courses of study or supervised clinical work while under the supervision of a designated preceptor.
III. The board shall license each applicant who satisfies the requirements under RSA 328-D:3. Upon payment of a license fee, the board shall issue to such person a license, which shall be prima facie evidence of the right to practice as a physician assistant.

Source. 1989, 290:1, eff. Jan. 1, 1990. 2020, 39:48, eff. July 29, 2020.

Section 328-D:2-a

    328-D:2-a Licensure Requirements Suspended; Manchester Veterans Administration Medical Center. –
I. New Hampshire state licensure laws, rules, and regulations for physician assistants are hereby suspended for those physician assistants licensed by another state or territory of the United States or another country who are employed by the United States Department of Veterans Affairs and who are offering medical services to patients offered through the Veterans Administration Medical Center (VAMC), provided that such physician assistants are acting within the scope of their employment at the VAMC and possess a current license in good standing in their respective state, territory, or country of licensure. Physician assistants who are employed by the United States Department of Veterans Affairs and who are offering medical services to patients of the Veterans Administration Medical Center (VAMC) and requesting licensure in New Hampshire may be supervised by physicians licensed in any state or territory of the United States provided the supervising physician possesses a current license in good standing in their respective state or territory of the United States.
II. The acting director of the Manchester VAMC shall submit to the executive director of the New Hampshire office of professional licensure and certification, or designee, a list of all out-of-state or out-of-country licensed physician assistants offering services in the state of New Hampshire and out-of-state licensed physicians accepting supervisory responsibility of physician assistants.
III. Nothing in this section shall be construed to preempt or supplant an individual licensed medical facility's policies regarding the emergency credentialing of physician assistants or any other medical personnel.

Source. 2018, 266:2, eff. June 14, 2018. 2021, 151:1, eff. Sept. 21, 2021.

Section 328-D:3

    328-D:3 Conditions for Licensure. –
I. To apply for licensure by the board as a physician assistant, an applicant shall file a written application on forms provided by the office of professional licensure and certification and pay an application fee. The applicant to be licensed shall:
(a) Have graduated from a physician assistant training program approved by the Committee on Allied Health Education and Accreditation or other board-approved accrediting agency.
(b) Have passed a national proficiency examination, as designated by the board.
(c) Maintain current national certification if required by a national certifying body.
(d) Demonstrate that the applicant has good character.
(e) Submit a complete set of fingerprints and a criminal history record release form pursuant to RSA 328-D:3-a.
II. The application shall include a statement of good standing from the licensing authority of all states in which the applicant currently holds a license.
III. Circumstances that exist which would be grounds for disciplinary action under RSA 328-D:6 may be grounds for denial of a license.

Source. 1989, 290:1. 2004, 198:1, 2. 2007, 303:5, eff. Sept. 11, 2007. 2018, 318:18, eff. Aug. 24, 2018. 2021, 197:67, eff. July 1, 2021.

Section 328-D:3-a

    328-D:3-a Criminal History Record Checks. –
I. Every applicant for initial permanent licensure or reinstatement shall submit to the board a criminal history record release form, as provided by the New Hampshire division of state police, which authorizes the release of his or her criminal history record, if any, to the board.
II. The applicant shall submit with the release form a complete set of fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid due to insufficient pattern, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the board may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years.
III. The board shall submit the criminal history records release form and fingerprint form to the division of state police which shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall release copies of the criminal history records to the board.
IV. The board shall review the criminal record information prior to making a licensing decision and shall maintain the confidentiality of all criminal history records received pursuant to this section.
V. The applicant shall bear the cost of a criminal history record check.

Source. 2007, 303:4, eff. Sept. 11, 2007. 2018, 318:19, eff. Aug. 24, 2018.

Section 328-D:4

    328-D:4 Repealed by 2004, 198:11, I, eff. Dec. 31, 2004. –

Section 328-D:5

    328-D:5 Renewal of Licenses. – Every person licensed to practice under this chapter shall apply to the board for biennial renewal of license on forms provided by the office of professional licensure and certification and shall pay a renewal fee as established by the office of professional licensure and certification. Applications for renewal shall be filed no later than December 31 of every other year and shall include proof of the applicant's current national certification. A license issued under this chapter shall not expire until the board has taken final action upon the application for renewal.

Source. 1989, 290:1. 2004, 198:3, eff. Dec. 31, 2004. 2020, 39:49, eff. Jan. 1, 2021.

Section 328-D:5-a

    328-D:5-a Failure to Renew; Lapse. –
I. Any licensee who fails to apply for renewal under RSA 328-D:5 shall pay double the renewal fee, provided the licensee applies and pays the renewal fee no later than 90 days after the expiration date. Any licensee who fails to apply for renewal of his or her license within the 90-day period after expiration, shall have his or her license lapse. A lapsed license shall be reinstated only upon payment of a reinstatement fee as established by the board, and upon showing evidence of professional competence as the board may reasonably require.
II. If a license expires or lapses as a result of a licensee being ordered to active duty with the armed services, the licensee shall have 90 days from the date of discharge or release from the armed service to apply for renewal and all late fees shall be waived.

Source. 2004, 198:4, eff. Dec. 31, 2004.

Section 328-D:6

    328-D:6 Grounds for Discipline. –
The board, after hearing, may take action against any person licensed under this chapter upon finding that the licensee:
I. Has knowingly provided false information on any application for professional licensure, whether by making any affirmative statement which was false at the time it was made or by failing to disclose any fact material to the application.
II. Is a habitual user of drugs or intoxicants or is afflicted with a physical disability, insanity, psychiatric disorders, or other disease deemed dangerous to the public health.
III. Has displayed a pattern of behavior which is incompatible with the basic knowledge and competence expected of persons in the practice of his or her profession.
IV. Has engaged in dishonest or unprofessional conduct or has been grossly or repeatedly negligent in practicing his or her profession or in performing activities ancillary to the practice of his or her profession or any particular aspect or specialty thereof, or has intentionally injured a patient while practicing his or her profession or performing such ancillary activities.
V. Has undertaken to practice independent of the referral or prescription, direction, or supervision of a physician licensed under RSA 329.
VI. Has failed to provide adequate safeguards with regard to aseptic techniques or radiation techniques.
VII. Has included in advertising any statement of a character tending to deceive or mislead the public or any statement claiming professional superiority.
VIII. Has advertised the use of any drug or medicine of an unknown formula or any system of anesthetic that is unnamed, misnamed, misrepresented, or not in reality used.
IX. Has willfully or repeatedly violated any provision of this chapter or any substantive rule of the board.
X. Has been convicted of a felony under the laws of the United States or any state.
XI. Has failed to maintain adequate medical record documentation on diagnostic and therapeutic treatment provided or has unreasonably delayed medical record transfer, or violated RSA 332-I.

Source. 1989, 290:1. 2004, 198:5, eff. Dec. 31, 2004.

Section 328-D:7

    328-D:7 Disciplinary Action. –
The board, upon making an affirmative finding under RSA 328-D:6, may take disciplinary action in any one or more of the following ways:
I. Administer a public or private reprimand.
II. Revoke, suspend, limit, or otherwise restrict a license.
III. Require the physician assistant to submit to the care, counseling or treatment of a physician, counseling service, health care facility, professional assistance program, or any combination thereof which is acceptable to the board.
IV. Place the physician assistant on probation.
V. Require the physician assistant to participate in a program of continuing education in the area or areas in which he or she has been found deficient.
VI. Assess administrative fines in amounts established by the board which shall not exceed $3,000 per offense, or, in the case of continuing offenses, $300 for each day that the violation continues, whichever is greater.

Source. 1989, 290:1. 2004, 198:6, eff. Dec. 31, 2004.

Section 328-D:8

    328-D:8 Appeals. – Disciplinary action taken by the board under RSA 328-D:7 may be appealed to the supreme court under RSA 541.

Source. 1989, 290:1. 2004, 198:7, eff. Dec. 31, 2004.

Section 328-D:9

    328-D:9 Repealed by 2008, 21:6, II, eff. July 11, 2008. –

Section 328-D:10

    328-D:10 Rulemaking. –
I. The board shall adopt rules under RSA 541-A relative to:
(a) The scope of practice for a licensed physician assistant.
(b) Content of the application for licensure.
(c) [Repealed.]
(d) Conduct of hearings under RSA 328-D:6.
(e) Standards for physician assistant education and training.
(f) Supervision of physician assistants.
(g) Notification of changes in employment.
(h) Definition of supervision.
(i) Manner of recordkeeping under RSA 328-D:11.
(j) The implementation of strategies and procedures necessary to increase the acceptance of military training and experience towards licensure for military veterans seeking to be licensed as a physician assistant. For the purposes of this subparagraph, "veterans" means veterans as defined in 38 U.S.C. section 101(2).
(k) Except as provided in paragraph II, any other matter which is consistent with the legislative intent of this chapter and which is necessary to the administration of this chapter.
II. The board, in collaboration with the New Hampshire pharmacy board, shall adopt rules under RSA 541-A relative to the prescriptions to be issued by a physician assistant.

Source. 1989, 290:1. 2008, 21:1, eff. July 11, 2008. 2020, 34:13, eff. Sept. 26, 2020. 2021, 197:68, 70, eff. July 1, 2021.

Section 328-D:10-a

    328-D:10-a Completion of Survey; Rulemaking. – The board shall adopt rules, pursuant to RSA 541-A, requiring, as part of the license renewal process, completion by licensees of a survey or opt-out form provided by the office of rural health, department of health and human services, for the purpose of collecting data regarding the New Hampshire primary care workforce, pursuant to the commission established in RSA 126-T. Any rules adopted under this section shall provide the licensee with written notice of his or her opportunity to opt-out from participation in the survey.

Source. 2017, 131:6, eff. June 16, 2017. 2019, 254:8, eff. July 1, 2019.

Section 328-D:11

    328-D:11 Recordkeeping. – The board shall keep a record of its proceedings under this chapter in accordance with the retention policy established by the office of professional licensure and certification.

Source. 1989, 290:1, eff. Jan. 1, 1990. 2021, 197:69, eff. July 1, 2021.

Section 328-D:12

    328-D:12 Physician Liability. – This chapter shall not be construed to relieve the responsible physician of professional or legal responsibility for the care and treatment of his patients.

Source. 1989, 290:1, eff. Jan. 1, 1990.

Section 328-D:13

    328-D:13 Penalty. –
I. Any person who, not being licensed or otherwise authorized according to the law of this state, shall advertise oneself or hold oneself out as a physician assistant, or any person who does such act after receiving notice that such person's license has been revoked, shall be guilty of a misdemeanor.
II. Any person who shall practice or attempt to practice as a physician assistant in this state without a license shall be guilty of a class A misdemeanor if a natural person or guilty of a felony if any other person.

Source. 1989, 290:1. 2004, 198:9. 2006, 76:14, eff. July 1, 2006.

Section 328-D:14

    328-D:14 Limitation on Action. – A person, licensed or authorized to practice as a physician assistant under this chapter or under the laws of any other state, who, in good faith, renders emergency care at the scene of an emergency, shall not be liable for any civil damages as a result of acts or omissions by such person in rendering such emergency care, or as a result of any act or failure to act to provide or arrange for further medical treatment or care, as long as such person receives no direct compensation for the care from or on behalf of the person cared for.

Source. 2004, 198:10, eff. Dec. 31, 2004.