TITLE XXX
OCCUPATIONS AND PROFESSIONS

Chapter 328-F
ALLIED HEALTH PROFESSIONALS

Section 328-F:1

    328-F:1 Purpose. – The purpose of this chapter is to regulate allied health professionals in the state to assure that the services provided are effective and of a quality consistent with the standard of care within each profession, and to safeguard the public against harm which may be caused by unqualified, impaired, or unlicensed practitioners.

Source. 1997, 287:1, eff. Jan. 1, 1998.

Section 328-F:2

    328-F:2 Definitions. –
In this chapter:
I. "Athletic training" means "athletic training" as defined in RSA 326-G:1, III.
II. "Board of directors" means the chairpersons or their appointees of all the governing boards which shall be responsible for the administrative operation of the office of licensed allied health professionals.
III. "Genetic counseling" means genetic counseling as defined in RSA 326-K:1.
IV. "Governing boards" means individual licensing boards of athletic trainers, occupational therapy assistants, occupational therapists, recreational therapists, physical therapists, physical therapist assistants, respiratory care practitioners, speech-language pathologists and hearing care providers, and genetic counselors.
V. "Hearing care providers" mean audiologists and hearing aid dealers as defined in RSA 326-F:1.
VI. "Occupational therapy" means "occupational therapy" as defined in RSA 326-C:1, III.
VII. "Office of licensed allied health professionals" means an agency of multiple governing boards in professions of the allied health field.
VIII. "Physical therapy" or "physiotherapy" means "physical therapy" or "physiotherapy" as defined in RSA 328-A:2, IX.
IX. "Recreational therapy" means "recreational therapy" as defined in RSA 326-J:1, III.
X. "Respiratory care" means "respiratory care" as defined in RSA 326-E:1, X.
XI. "Speech-language pathology" means "speech-language pathology" as defined in RSA 326-F:1.

Source. 1997, 287:1. 2002, 237:2; 275:3. 2003, 310:37. 2006, 220:2, 3. 2013, 271:2, 3, eff. July 1, 2013. 2021, 91:165, eff. July 1, 2021.

Section 328-F:3

    328-F:3 Governing Boards Established; Board of Directors; Office of Licensed Allied Health Professionals. –
I. There shall be established governing boards of athletic trainers, occupational therapists, recreational therapists, respiratory care practitioners, physical therapists, speech-language pathologists, hearing care providers, and genetic counselors.
II. The governing boards' chairpersons or their appointees shall make up the board of directors of the office of licensed allied health professionals. . The board of directors shall have the authority to delegate to the person in the supervisory position matters of administrative and personnel management.
III. There shall be an office of licensed allied health professionals established in Concord within the office of professional licensure and certification.

Source. 1997, 287:1. 2001, 158:100. 2003, 310:38. 2006, 220:4. 2010, 118:12. 2013, 271:4. 2015, 276:66, eff. July 1, 2015. 2021, 91:166, eff. July 1, 2021; 197:16, eff. July 1, 2021.

Governing Boards

Section 328-F:4

    328-F:4 Governing Boards; Memberships; Appointments. –
I. Each governing board shall be composed of 5 persons, each to be appointed by the governor with the approval of the council, to a term of 3 years, except the speech-language pathology and hearing care provider governing board which shall be composed of 6 members, each to be appointed by the governor with the approval of the council, to a term of 3 years. Members shall serve until the expiration of the term for which they have been appointed or until their successors have been appointed and qualified. No board member shall be appointed to more than 2 consecutive terms, provided that for this purpose only a period actually served which exceeds 1/2 of the 3-year term shall be deemed a full term. Any professional members of all governing boards shall maintain current and unrestricted New Hampshire licenses.
II. The initial appointees to the governing boards shall serve as follows: one initial appointee who is a licensed professional shall serve a term of one year, one initial appointee who is a licensed professional shall serve a term of 2 years, one initial public member shall serve a term of 2 years, and the remaining 2 initial appointees shall serve terms of 3 years. An initial appointment of less than 3 years shall not be considered a full term.
III. Each public member of a governing board shall be a person who is not, and never was a member of the applicable allied health profession or the spouse of any such person, and who does not have, and never has had a material financial interest in either the provision of that allied health service, a health insurance company, or health maintenance organization, including representation of the board or profession for a fee at any time during the 5 years preceding appointment.
IV. The athletic trainers governing board shall consist of 3 licensed athletic trainers, who have actively engaged in the practice of athletic training in this state for at least 3 years, one physician educated in the current practice of sports medicine, and one public member.
V. The occupational therapy governing board shall consist of 3 licensed occupational therapists and one occupational therapy assistant, who have actively engaged in the practice of occupational therapy in this state for at least 3 years, and one public member.
VI. The physical therapy governing board shall consist of 2 licensed physical therapists and one physical therapist assistant, who have actively engaged in the practice of physical therapy in this state for at least 3 years, and 2 public members.
VII. The respiratory care practitioner governing board shall consist of 3 licensed respiratory care practitioners, who have actively engaged in the practice of respiratory care in this state for at least 3 years, one physician knowledgeable in the practice of respiratory care, and one public member.
VIII. The speech-language pathology and hearing care provider governing board shall consist of 4 licensed speech-language pathologists who have actively engaged in the practice of speech-language pathology in this state for at least 3 years, one licensed individual in the field of hearing care who has actively engaged in the practice, and one public member. At least one speech-language pathologist shall be employed in an educational setting and at least one employed in a clinical setting.
IX. The recreational therapy governing board shall consist of 3 licensed recreational therapists, who have actively engaged in the practice of recreational therapy in this state for at least 3 years, and 2 public members. Notwithstanding the requirements for licensure of professional members under this section, initial appointment of professional members by the governor and council shall be qualified persons practicing recreational therapy in this state. All subsequent appointments or reappointments shall require licensure.
X. The genetic counselors governing board shall consist of 3 licensed genetic counselors, who have actively engaged in the practice of genetic counseling in this state for at least 2 years, one practicing physician with experience in working with genetic counselors, and one public member. Initial appointment of professional members by the governor and council shall be qualified persons practicing genetic counseling in this state. All subsequent appointments or reappointments shall require licensure.

Source. 1997, 287:1. 2006, 220:5. 2013, 271:5. 2016, 76:1, eff. July 18, 2016. 2018, 86:1, eff. July 24, 2018. 2021, 91:167, 168, eff. July 1, 2021.

Section 328-F:5

    328-F:5 Duties. –
Each governing board shall have the authority to:
I. Issue initial licenses, conditional initial licenses, license renewals, conditional license renewals, reinstated licenses and conditional reinstated licenses to persons who are eligible.
I-a. Issue initial certifications, conditional initial certifications, renewed certifications, conditionally renewed certifications, reinstated certifications, and conditionally reinstated certifications to persons who are eligible if authorized to do so by the board's practice act.
I-b. Issue initial registrations, conditional initial registrations, renewed registrations, conditionally renewed registrations, reinstated registrations, and conditionally reinstated registrations to businesses who are eligible if authorized to do so by the board's practice act.
II. Investigate licensees and certified individuals and take necessary disciplinary action against them.
II-a. Investigate registered businesses and take necessary disciplinary action against them.
III. Report final disciplinary actions to appropriate national databases.
IV. Take legal action against unauthorized practice in accordance with this chapter.
V. Investigate and prepare reports on any matter within its scope of authority under this chapter and the board's practice act.
VI. Adopt rules as authorized in this chapter and the board's practice act.
VII. Carry out the responsibilities set forth in the board's practice act.

Source. 1997, 287:1. 2003, 310:39, eff. July 1, 2003. 2018, 87:1, 2, eff. July 24, 2018. 2021, 91:169, 170, eff. July 1, 2021.

Section 328-F:6

    328-F:6 Repealed by 2021, 197:22, I, eff. July 1, 2021. –

Section 328-F:7

    328-F:7 Removal of Members; Vacancies. – The governor and council may remove any member of the governing boards for misconduct, incompetence, neglect of duty, or other sufficient cause after the member has been given a written statement of the charges and an opportunity to be heard regarding such charges. Any vacancy in the membership of the board shall be promptly filled for the unexpired term.

Source. 1997, 287:1, eff. Jan. 1, 1998.

Section 328-F:8

    328-F:8 Organization and Meeting. – Each governing board shall meet monthly, or more often as its business requires. A majority of each governing board shall constitute a quorum.

Source. 1997, 287:1. 2003, 310:40, eff. July 1, 2003.

Section 328-F:9

    328-F:9 Records of the Boards. – A true record of all of each board's official acts shall be made and preserved in accordance with the retention policy established by the office of professional licensure and certification. The records shall be public and shall be open to inspection at all reasonable times, except for records compiled in connection with disciplinary investigations and records otherwise exempt from disclosure under RSA 91-A or other applicable statutes.

Source. 1997, 287:1. 2003, 310:41, eff. July 1, 2003. 2021, 197:17, eff. July 1, 2021.

Section 328-F:10

    328-F:10 Records of Disciplinary History. – Each governing board shall maintain a list of persons against whom the board has taken any disciplinary action in accordance with the retention policy established by the office of professional licensure and certification. This list shall include the name of the person, the reason for the disciplinary action, the date of the disciplinary action, and the nature of the disciplinary action.

Source. 1997, 287:1. 2003, 310:42, eff. July 1, 2003. 2018, 87:3, eff. July 24, 2018. 2021, 197:18, eff. July 1, 2021.

Section 328-F:11

    328-F:11 Rulemaking by the Governing Boards. –
I. The governing boards shall adopt rules pursuant to RSA 541-A establishing:
(a) The eligibility requirements for initial licensure and for initial certification if certification of individuals is authorized by their practice acts.
(b) The eligibility requirements for license renewal, including any continuing competency requirements and any requirements for education, clinical experience, and training.
(c) The eligibility requirements for renewal of certification, including any continuing competency requirements and any requirements for education, clinical experience, and training.
(d) If the governing boards issue conditional licenses or certifications, conditional renewal of licenses or certifications, or conditional reinstatement after lapse or suspension of licenses or certifications, the circumstances under which these are issued and the standards for the imposition of the conditions.
(e) The eligibility requirements, including any continuing competency requirements, for the reinstatement of licenses suspended for disciplinary reasons and for such reinstatement of certifications if authorized by their practice acts.
(f) The eligibility requirements, including any continuing competency requirements, for the reinstatement of lapsed licenses and for such reinstatement of certifications if authorized by their practice acts.
(g) The allocation of disciplinary sanctions in cases of misconduct by licensees and by certified individuals.
II. The governing boards may adopt rules pursuant to RSA 541-A that specify, for their respective professions:
(a) The scope of practice.
(b) The ethical standards.
(c) The eligibility requirements for the issuance of licenses to applicants currently licensed in foreign countries and territories and in the territories of the United States.
(d) What constitutes, for disciplinary purposes, sexual relations with and sexual harassment of, a client or patient.
III. The speech-language pathology and hearing care provider governing board shall adopt rules on eligibility requirements and procedures for the issuance of registrations to hearing aid dealers.

Source. 1997, 287:1. 2002, 237:3; 275:4. 2003, 310:43, eff. July 1, 2003. 2017, 101:4, eff. Aug. 7, 2017. 2018, 87:4, eff. July 24, 2018. 2021, 91:171, eff. July 1, 2021; 197:19, eff. July 1, 2021.

Section 328-F:11-a

    328-F:11-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, 131:7, eff. June 16, 2017. 2019, 254:9, eff. July 1, 2019.

Section 328-F:11-b

    328-F:11-b Telemedicine. – Persons licensed by governing boards under this chapter shall be permitted to provide services through the use of telemedicine. "Telemedicine" means the use of audio, video, or other electronic media for the purpose of diagnosis, consultation, or treatment.

Source. 2020, 27:23, eff. July 21, 2020.

Board of Directors

Section 328-F:12

    328-F:12 Responsibilities of the Board of Directors. –
I. [Repealed.]
II. The board of directors shall meet at least quarterly and more often if needed.
III. The board of directors shall provide a forum for practice issues arising in the allied health professions, but shall not set policy for the governing boards.
IV. [Repealed.]

Source. 1997, 287:1. 2003, 310:44-46. 2015, 276:67, eff. July 1, 2015. 2018, 330:9, eff. July 1, 2018. 2021, 197:22, II, eff. July 1, 2021.

Section 328-F:13

    328-F:13 Board of Directors; Rulemaking Authority. –
The board of directors shall adopt rules, pursuant to RSA 541-A, establishing:
I. Procedures for the voluntary surrender of licenses and certifications issued by the governing boards.
II. [Repealed.]
III. [Repealed.]
IV. [Repealed.]
V. [Repealed.]

Source. 1997, 287:1. 2003, 310:47, eff. July 1, 2003. 2017, 101:1, eff. Aug. 7, 2017. 2018, 87:5, eff. July 24, 2018; 283:1, eff. Aug. 20, 2018. 2021, 197:22, III, eff. July 1, 2021.

Section 328-F:14

    328-F:14 Repealed by 2003, 310:65, VIII, eff. July 1, 2003. –

Section 328-F:15

    328-F:15 Fees. –
I. The board of directors shall establish fees for:
(a) The processing of applications for initial and reinstatement of licensure, certification, or registration.
(b) Initial licenses, certifications, and registrations.
(c) Renewal of licenses, certifications, and registrations.
(d) Late filing of applications for license renewal and renewal of certification.
(e) Reinstatement of licenses, certifications, and registrations.
(f) Transcribing and transferring records.
(g) The costs of a hearing by any governing board at which the issue is denial of, or imposition of conditions on, an initial license or certification, including the per diem and mileage of board members attending the hearing and the cost of a shorthand court reporter if one is used to record the hearing.
(h) The registration of hearing aid dealers.
II. Such fees shall be sufficient to produce estimated revenues equal to 125 percent of the direct operating expenses for the board of directors and the governing boards for the previous fiscal year.

Source. 1997, 287:1. 2003, 310:48. 2006, 268:3, eff. Jan. 1, 2007. 2018, 87:6, eff. July 24, 2018. 2021, 91:172, eff. July 1, 2021.

Licensing Provisions

Section 328-F:16

    328-F:16 Repealed by 2003, 310:65, IX, eff. July 1, 2003. –

Section 328-F:17

    328-F:17 Repealed by 2003, 310:65, X, eff. July 1, 2003. –

Section 328-F:18

    328-F:18 Allied Health Professionals; Issuance of Licenses; Conditional Licenses. –
I. Each governing board shall issue initial licenses and license renewals to applicants who have completed the application procedures established by the office of professional licensure and certification and have met the eligibility requirements established by the practice act and the rules of the governing board. If a governing board is authorized by its practice act to issue provisional licenses, it shall issue such licenses to applicants who have completed the application procedures established by the office of professional licensure and certification and have met the eligibility requirements for provisional licensure established by the practice act and the rules of the governing board.
II. The governing boards shall take no action on an application for any type of license, or reinstate any lapsed or suspended license, until the applicant has completed the application procedures established by the office of professional licensure and certification.
III. To ensure the competency of licensees, the governing boards are authorized to issue initial licenses, license renewals, and reinstatements of licensure after lapse or suspension for disciplinary reasons that are conditional in nature. Such conditional licenses may include the following conditions on the licensee's authorization to practice:
(a) A limit on the duration of the license.
(b) A requirement that specified education, clinical experience, or training is completed by the licensee before removal of the condition.
(c) A requirement that the conditional licensee be supervised in his or her practice.
(d) A limitation on the scope of the practice of the conditional licensee.
IV. Initial licenses, certifications, and registrations, including conditional licenses, certifications, and registrations that are the first license, certificate, or registration issued to the individual or hearing aid dealer, and provisional licenses, certifications, and registrations shall be numbered consecutively and recorded.
V. Nothing in this chapter or in the practice acts of the governing boards shall be construed to restrict persons licensed under any other law of this state from engaging in a profession or practice for which they are licensed.
VI. Occupational therapists, occupational therapist assistants, recreational therapists, speech pathologists, respiratory care practitioners, athletic trainers, genetic counselors, physical therapists, and physical therapist assistants from the states of Connecticut, Rhode Island, Massachusetts, Maine, New York, and Vermont, who are currently licensed, shall be eligible for temporary licensure for 120 days while the person makes application for licensure to the respective governing board under this chapter. Temporary licensure shall not apply to an allied health governing board that is a member of an interstate licensure compact. An applicant for temporary licensure to practice, who is currently licensed or certified in Connecticut, Rhode Island, Massachusetts, Maine, New York, or Vermont, shall:
(a) Hold an active unencumbered license; and
(b) Have committed no acts or omissions which are grounds for disciplinary action in another jurisdiction, or, if such acts have been committed, would be grounds for disciplinary action.

Source. 1997, 287:1. 2003, 310:49, eff. July 1, 2003. 2018, 283:2, eff. Aug. 20, 2018. 2020, 25:11, eff. Sept. 18, 2020. 2021, 91:173, eff. July 1, 2021; 197:20, eff. July 1, 2021 at 12:01 a.m.

Section 328-F:18-a

    328-F:18-a Criminal History Record Checks. –
I. The board of directors shall require one of the following types of criminal background checks from applicants for initial licensure or certification, reinstatement of licensure or certification, or conditional licensure or certification:
(a) An original criminal offender record report issued by each state where the applicant has resided or been licensed within the past 6 years; or
(b) 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 office of licensed allied health professionals.
(1) 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 office of licensed allied health professionals may, in lieu of the criminal history records check, accept police clearances described in subparagraph (a).
(2) The office of licensed allied health professionals 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 office of licensed allied health professionals.
II. The office of licensed allied health professionals shall review the criminal record information prior to the respective governing board making a decision on licensure or certification and shall maintain the confidentiality of all criminal history records received pursuant to this section.
III. The applicant shall bear the cost of all criminal history record checks.
IV. The board shall consider military security clearance for an individual actively serving in any component of the Department of Defense in lieu of criminal background checks.
V. Pending the results of a criminal history record check, an applicant for licensure may be employed in a profession of the allied health field on a conditional basis for up to 90 calendar days before the office of licensed allied health professionals receives the results of a criminal history record check required for licensure, if the conditional employee:
(a) Is under the direct supervision of a licensee;
(b) Has provided a written attestation to the employer and the board that no disqualifying criminal history exists; and
(c) The allied health governing board is not a member of an interstate licensure compact.

Source. 2018, 250:1, eff. Aug. 11, 2018.

Section 328-F:19


[RSA 328-F:19 as amended by 2021, 3:2; see also RSA RSA 328-F:19 as amended by 2021, 91:174, below.]
    328-F:19 Renewal. –
The procedure and timeframe for license renewals for persons licensed by a governing board established in RSA 328-F:4 shall be as described in RSA 310-A:1-h.
I. Initial licenses and renewals shall be valid for 2 years, except that timely and complete application for license renewal by eligible applicants shall continue the validity of the licenses being renewed until the governing board has acted on the renewal application. Licenses issued pursuant to RSA 328-A, RSA 326-G, and RSA 326-J shall expire in even-numbered years and licenses issued pursuant to RSA 326-C, RSA 326-E, RSA 326-F, and RSA 326-K shall expire in odd-numbered years.
I-a. A license issued to a hearing care provider shall expire at 12:01 a.m. on July 1 of the odd-numbered year next succeeding its date of issuance. The governing board shall notify the licensee, on or before May 1 of the renewal year, but failure of any licensee to receive this notification shall not relieve him or her of the obligation to comply with the rules of the governing board and this section. Timely submission of renewal applications shall be evidenced by postmark or, for applications delivered by hand, by date stamp or other record made at the time of delivery.
II. Each governing board shall renew the licenses of applicants who meet the eligibility requirements and complete the application procedure.
III. Applicants whose licenses expire on December 31 of the renewal year shall submit completed applications for renewal on or before December 1 of the renewal year. Completed renewal applications submitted between December 2 and December 31 of the renewal year shall be accompanied by a late filing fee. Licenses shall lapse when completed renewal applications have not been filed by December 31 of the renewal year, and their holders are not authorized to practice until the licenses have been reinstated.
IV. The governing boards shall provide licensees whose licenses expire on December 31 of the renewal year, on or before November 1 of their renewal years, with materials needed to complete their renewal applications, but failure of any licensees to receive these materials shall not relieve them of the obligation to comply with the rules of the governing boards and this section. Timeliness of submission of renewal applications shall be evidenced by postmark or, for applications delivered by hand, by date stamp or other record made at the time of delivery.
V. Upon the request of a licensee who is a member of any reserve component of the armed forces of the United States or the national guard and is called to active duty, the governing board shall place the person's license on inactive status. The license may be reactivated within one year of the licensee's release from active status by payment of the renewal fee and with proof of completion of the most current continuing education requirement unless still within the renewal period.

Source. 1997, 287:1. 2003, 310:50. 2006, 220:6. 2009, 192:1. 2013, 271:6, eff. July 1, 2013. 2021, 3:2, eff. June 22, 2021; 2021, 91:174, eff. July 1, 2021.

Section 328-F:20

    328-F:20 Reinstatement of Lapsed Licenses. –
Each governing board shall reinstate a license which has lapsed as a result of the failure of the applicant to qualify for license renewal or to submit the renewal application on time if the applicant:
I. Meets eligibility requirements for renewal.
II. Meets the reinstatement requirements and any continuing competency requirements established by the governing board.
III. Complies with any application procedure established by the governing board.
IV. Pays the reinstatement fee.

Source. 1997, 287:1. 2003, 310:51, eff. July 1, 2003.

Section 328-F:21

    328-F:21 Administrative Obligations of Licensees and Certified Individuals. –
I. Licensees and certified individuals shall maintain their current business and home addresses on file with their governing boards. Any changes in address shall be provided to the office no later than 30 days from the date of the change.
II. Licensees and certified individuals shall notify their governing boards if licenses or other proof of licensure are lost or stolen.
III. The governing boards may adopt rules pursuant to RSA 541-A that require licensees and certified individuals to maintain on file with their governing boards an active email address.

Source. 1997, 287:1. 2003, 310:52, eff. July 1, 2003. 2018, 87:7, eff. July 24, 2018.

Section 328-F:22

    328-F:22 Repealed by 2003, 310:65, XI, eff. July 1, 2003. –

Disciplinary Action; Hearings

Section 328-F:23

    328-F:23 Disciplinary Action. –
I. Each governing board is authorized to undertake investigations and disciplinary proceedings upon:
(a) The board's initiative.
(b) A written complaint made by any person complaining that a licensee or certified individual has committed an act of misconduct and specifying the nature of the misconduct.
(c) A written complaint made by any person that a licensee or certified individual or any other person is engaged in unauthorized practice.
(d) Notification by a licensing or certifying agency of this state that a licensee has been disciplined by that agency.
(e) Notification by the regulatory authority of another domestic or foreign jurisdiction that a licensee or certified individual has been disciplined in that jurisdiction.
(f) A report made pursuant to the obligation to report imposed by this chapter.
II. Misconduct sufficient to support disciplinary proceedings shall include:
(a) Knowingly or negligently providing inaccurate material information to the board or failing to provide complete and truthful material information upon inquiry by the board, including during the process of applying for a license or certification, renewal of a license or certification, or reinstatement of a license or certification.
(b) Any criminal conviction in any jurisdiction, excluding traffic violations, or failure to report such conviction within 30 days.
(c) Violation of the ethical standards adopted by the governing board.
(d) Sexual relations with, or sexual harassment of, a client or patient.
(e) Failure to provide care with reasonable skill, safety and regard for client or patient rights, whether or not the client or patient has suffered injury.
(f) Actual or potential inability to render care with reasonable skill and safety by reason of illness, by reason of use of alcohol or drugs or any other material, or by reason of mental or physical condition.
(g) Disciplinary action by a regulatory authority in another domestic or foreign jurisdiction.
(h) Failure to take appropriate action to safeguard individuals from incompetent counselors and health care practitioners, whether or not they are licensed in this state.
(i) Practice without a currently valid license or certification.
(j) Violation of any provision of this chapter, of any governing board's practice act or rule adopted pursuant to RSA 541-A, or of any state or federal law reasonably related to the authority of the licensee or certified individual to practice or ability of the licensee or certified individual to practice safely.
III. Each governing board is authorized to impose sanctions upon a finding of misconduct resulting from disciplinary proceedings or the agreement of the licensee or certified individual that he or she has engaged in specified misconduct.
IV. Sanctions may include:
(a) Revocation of license or certification.
(b) Suspension of license or certification for a specified period of time.
(c) Suspension of license or certification conditioned on the achievement of specified continuing competency requirements or continuing education, clinical experience or training.
(d) Suspension of license or certification conditioned on successful participation in specified mental or physical health treatment, a rehabilitative program, counseling, a professional assistance program, or any other program designed to overcome the deficiency or condition which appears to have caused the misconduct.
(e) A requirement that the practice or the licensed or certified individual be supervised for a specified period of time by a licensee or certified individual practicing the same allied health profession.
(f) The imposition of an administrative fine not to exceed $1,000 for:
(1) An act of misconduct by a licensee or certified individual.
(2) The practice of an allied health profession by a person who was once licensed or certified to practice such profession but does not currently hold a valid license or certificate or who is practicing in violation of the conditions upon which he or she is licensed or certified.
(g) The imposition of an administrative fine for continuation of an activity specified in subparagraph (f) in the amount of $100 for each day the activity continues after notice from the board that the activity shall cease.
V. Each governing board is authorized to deny an application for renewal or reinstatement of a license or certification as an additional sanction.

Source. 1997, 287:1. 2003, 310:53, eff. July 1, 2003. 2018, 87:8, eff. July 24, 2018.

Section 328-F:24

    328-F:24 Investigations and Disciplinary Proceedings. –
I. Governing boards may investigate allegations of misconduct by licensees and certified individuals, whether the allegations appear in a written complaint or come to the attention of the board in another way. The form taken by an investigation is a matter within the discretion of the board, which may conduct an investigation on an ex parte basis.
II. Unless used in disciplinary proceedings or disclosed to law enforcement or health licensing agencies in this state or any other jurisdiction or in accordance with specific statutory requirements or court orders, the following information obtained during investigations shall be held confidential and shall be exempt from the disclosure requirements of RSA 91-A:
(a) Complaints received by the board.
(b) Information and records acquired by the board during its investigation.
(c) Reports and records made by the board as a result of its investigation.
(d) Patient or client records, including clinical records, files, oral and written reports relating to diagnostic findings or treatment of patients or clients of licensees and certified individuals and oral and written information from which the identity of such patients or clients or their families can be derived.
III. Governing boards are authorized to conduct disciplinary proceedings in accordance with procedural rules adopted by the office of professional licensure and certification.
IV. For the purpose of carrying out investigations and disciplinary proceedings, each governing board is authorized to:
(a) Retain qualified experts who are not members of the governing board through the office of professional licensure and certification.
(b) Retain legal counsel when authorized to do so by the attorney general through the office of professional licensure and certification.
(c) Issue subpoenas for persons, relevant documents and relevant things in accordance with the following conditions:
(1) Subpoenas for persons shall not require compliance in less than 48 hours after receipt of service.
(2) Subpoenas for documents and things shall not require compliance in fewer than 15 days after receipt of service.
(3) Service shall be made on licensees and certified individuals by certified mail to the address on file with the board or by hand and shall not entitle them to witness or mileage fees.
(4) Service shall be made on persons who are not licensees or certified individuals in accordance with the procedures and fee schedules of the superior court, and the subpoenas served on them shall be annotated "Fees Guaranteed by the New Hampshire Office of Allied Health Professionals."
V. The governing board may dismiss allegations of misconduct if the investigation shows the allegations to be without basis in fact or law.
VI. At any time before or during disciplinary proceedings, complaints and issues may be disposed of by written settlement agreement signed by the board and the licensees or certified individuals involved, provided that any complainant shall have the opportunity, before the settlement agreement has been executed, to comment on the terms of the proposed settlement.
VII. Disciplinary proceedings shall be open to the public. Final board actions having the effect of terminating disciplinary proceedings, whether taken before, during or after the completion of the proceedings, shall be set forth in a written record which shall be available to the public after service upon the licensees or certified individuals involved.
VIII. In carrying out disciplinary proceedings, each governing board shall have the authority to:
(a) Hold pre-hearing conferences exempt from the provisions of RSA 91-A.
(b) Appoint a board member or other qualified person as presiding officer.
(c) Administer, and authorize an appointed presiding officer to administer, oaths and affirmations.
(d) Dismiss the proceedings in a written order of dismissal on the basis of:
(1) A finding that there are no significant allegations of misconduct or unauthorized practice.
(2) A finding based on undisputed material facts that the licensees or certified individuals involved did not engage in misconduct or unauthorized practice.
(3) A written settlement agreement signed by the board and the licensees or certified individuals involved.
IX. The governing boards shall have no obligation or authority to appoint or pay the fees of attorneys representing licensees or certified individuals during investigations or disciplinary proceedings.

Source. 1997, 287:1; 287:63. 2003, 310:54. 2012, 33:2. 2015, 276:68, eff. July 1, 2015. 2018, 87:9, eff. July 24, 2018. 2021, 197:21, eff. July 1, 2021.

Section 328-F:25

    328-F:25 Obligation to Report; Immunities. –
I. Persons and entities regulated by the state, including but not limited to, licensees, certified individuals, registrants, insurance companies, health care organizations, and health care facilities shall report to the board of directors and the appropriate governing board any criminal conviction of a licensee, certified individual, registered hearing aid dealer, or any determination by a regulatory agency indicating that a licensee, certified individual, or registered hearing aid dealer has violated this chapter or the practice act of his or her governing board. Persons and entities so reporting shall be immune from civil liability if the report is made in good faith.
II. Every individual, agency, facility, institution or organization regulated by the state and employing licensed allied health professionals or using the services of a registered hearing aid dealer within the state shall report to the appropriate governing board within 30 days any act by an individual licensed or certified by the board that appears to constitute misconduct. Persons and entities so reporting shall be immune from civil liability if the report is made in good faith.
III. An administrative fine of $500 shall be imposed on any person or entity failing to make a report required by this section.
IV. Persons submitting to any governing board a complaint of misconduct by an individual licensed or certified by the board shall be immune from civil liability if the complaint is made in good faith.
V. Persons or entities testifying or providing information or documents to a governing board in connection with an investigation or disciplinary proceeding carried out by the board shall be immune from civil liability if their testimony or actions are made in good faith.
VI. The governing boards shall not disclose the identity of persons or entities that provide information pursuant to this section unless their identities are revealed in the course of disciplinary proceedings or are required to be disclosed by a court of law.

Source. 1997, 287:1. 2003, 310:55, eff. July 1, 2003. 2018, 87:10, eff. July 24, 2018. 2021, 91:175, eff. July 1, 2021.

Section 328-F:26

    328-F:26 Temporary Suspension Where Imminent Threat. – In cases involving imminent danger to life or health, the governing boards may order suspension of a license or certification pending hearing for a period of no more than 10 working days, unless the licensee or certified individual agrees in writing to a longer period. In such cases, the board shall comply with RSA 541-A:30.

Source. 1997, 287:1. 2003, 310:56, eff. July 1, 2003. 2018, 87:11, eff. July 24, 2018.

Section 328-F:27

    328-F:27 Unauthorized Practice. –
I. Nothing in this chapter or the practice acts of the governing boards shall be construed to restrict persons licensed or certified under any other laws of this state from engaging in the practice or profession for which they are licensed or certified.
II. Practice of an allied health profession by any person who is not licensed, certified, or registered to practice such profession shall constitute unauthorized practice. A business which holds itself out, through advertising or in any other way, as providing an allied health service but does not have available to supervise its services an allied health professional licensed, certified, or registered to provide the services which the business purports to offer, is engaged in unauthorized practice.
III. Unauthorized practice is punishable as a class A misdemeanor by an individual, and as a felony by an entity.
IV. Each governing board is authorized to issue a cease and desist order against any person or entity engaged in unauthorized practice. The cease and desist order shall be enforceable in superior court.
V. The attorney general, the governing board of the allied health practice affected or the prosecuting attorney of any county or municipality where the act of unauthorized practice takes place may maintain an action to enjoin any person or entity from continuing to do acts of unauthorized practice. The action to enjoin shall not replace any other civil, criminal or regulatory remedy. An injunction without bond is available to the governing board of the allied health practice affected.

Source. 1997, 287:1. 2003, 310:57. 2006, 76:16, eff. July 1, 2006. 2018, 87:12, eff. July 24, 2018. 2021, 91:176, eff. July 1, 2021.

Section 328-F:28

    328-F:28 Privileged Communications. – The confidential communications between licensed or certified allied health practitioners and their clients or patients are placed on the same legal basis as those between physician and patient, and, except as otherwise provided by law, no allied health practitioner shall be required to disclose such privileged communications. Confidential communications between a patient or client and any person working under the supervision of such practitioner that are customary and necessary for diagnosis and treatment are privileged to the same extent as though those communications were with the supervising licensed or certified allied health practitioner. This section shall not apply to investigations and hearings conducted by the governing boards or by any other agency regulating health professions in the state.

Source. 1997, 287:1. 2003, 310:58, eff. July 1, 2003. 2018, 87:13, eff. July 24, 2018.

Section 328-F:29

    328-F:29 Revocation and Voluntary Surrender of Licenses and Certifications. –
I. No license, conditional license, provisional license, renewed license, or reinstated license that has been revoked by the governing board of issuance shall be reinstated or reissued at any time.
I-a. No certification, conditional certification, renewed certification, or reinstated certification that has been revoked by the governing board of issuance shall be reinstated or reissued at any time.
II. The practice of an allied health profession by a person whose license, conditional license, provisional license, renewed license, or reinstated license has been revoked constitutes unauthorized practice.
II-a. The practice of an allied health profession by a person whose certification, conditional certification, renewed certification, or reinstated certification has been revoked constitutes unauthorized practice.
III. No license, conditional license, provisional license, renewed license, or reinstated license shall be surrendered by the licensee unless the governing board issuing the license accepts its surrender in writing. The governing board may refuse to accept the surrender while the board is investigating possible misconduct by the licensee or disciplinary proceedings involving the licensee are pending.
IV. No certification, conditional certification, renewed certification, or reinstated certification shall be surrendered by the certified individual unless the governing board of issuance accepts the surrender in writing. The governing board may refuse to accept the surrender while the board is investigating possible misconduct by the certified individual or disciplinary proceedings involving the certified individual are pending.

Source. 2003, 310:59, eff. July 1, 2003. 2018, 87:14, eff. July 24, 2018.